THE PRISONS ACT, 1967

ARRANGEMENT OF SECTIONS

PARTI
PRELIMINARY

Section 1. Short title and c o m m e n c e m e n t . 2. Interpretation. PART n

CONSTITUTION AND ADMINISTRATION OF SERVICE

3. Composition of Service. 4. Temporary prison officers. 5. G e n e r a l powers ofthe Commissioner. 6. Commissioner to inspect prisons. 7. Powers of Deputy Commissioner and delegation o f p o w e r s . 8. Officers in charge of prisons and their duties an& responsibilities.
P A R T HI

POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS

9. General powers and duties of prison officers. 10. C a s e s where prison, officers have the powers a n d , privileges of police officers. 11. Arrest of d e s e r t e r s . 12. Power to examine persons or vehicles. 13. Use of force by prison officers. 14. P o w e r to take p h o t o g r a p h s , fingerprints, etc.,. o f p r i s o n e r s . 15. Non-liability of prison officers for act d o n e u n d e r authority of a warrant. 16. Leave for prison officers.
P A R I IV
RETIREMENT BENEFITS, WHICH MAYBE GRANTED TO NON-PENSIONABLE OFFICER&

17. Gratuities p a y a b l e after twelve or more y e a r s ' service. 18. Proportional gratuities payable in certain, circumstances., 19. Gratuities e a r n e d , t o b e d e e m ^ f f i ' estate.
o f : m e 0 c e r s

No. 34

Prisons
PART V MEDICAL OFFICERS

1967

Section 20. Medical officers to be responsible for every prison. 2 1 . Medical Examination of prisoners. 22. Book to be kept by medical officer.
PART VI ESTABLISHMENT AND CONTROL OF PRISONS

2 3 . Declaration a n d classification ofprisons. 24. T e m p o r a r y p r i s o n s .

PART vn A D M S S ION AND CUS TODY OF PRIS ONERS

2 5 . Admission of prisoners. 26. P r i s o n e r to be in c u s t o d y of officer in c h a r g e . 27. Detention ofprisoners in police lock-ups or cells. 28. Female prisoners to be kept apart. 29. Classification ofprisoners. 30. C o m m e n c e m e n t and computation of sentence. 3 1 . Execution of death s e n t e n c e .
PART vm O F F E N C E S BY PRIS ONERS

32. 33. 34. 35. 36.

Prison offences. P o w e r s of prison officers m c h a r g e to punish prisoners. P u n i s h m e n t of prisoners by Commissioner. Right to apply for review. Magistrate to have p o w e r to punish persistent offenders a g a i n s t prison discipline. 37. Prisoner to make his d e f e n c e . 3 8. Medical e x a m i n a t i o n before a n y corporal p u n i s h m e n t . 39. Corporal p u n i s h m e n t . 40. Segregation of a prisoner. 4 1 . Register o f p u n i s h m e n t s . 42. Prisoners to be subject to discipline and regulations. 43. Powers of officers holding disciplinary inquiries.
PARI IX PRIVILEGES O F P R I S O N E R S AND R E M I S S I O N O F S E N T E N C E

44. 45. 46. 47. 48.

Facilities for religious worship to be given. Appointment of prison ministers. Visits a n d letters. Cost of postage. Prisoners may make approach to visiting justice.

No. 34

Prisons

1967

Section 49. Remission of part of s e n t e n c e of convicted criminal prisoner. 50. Additional special remission. 5 1. Review of sentence. PART X
REMOVAL OF PRISONERS

52. Removal of prisoners from one prison to another. 5 3 . R e m o v a l of sick prisoners to hospital. 54. Medical officers a n d staff to take precautions to prevent e s c a p e ofprisoners. 55. M e a s u r e s for further security ofprisoners in hospital. 56. prison officer not liable for e s c a p e ofprisoners in hospital. 57. R e m o v a l of prisoners of u n s o u n d mind to a m e n t a l hospital. 5 8 . R e m o v a l o f c o n v i c t e d p r i s o n e r s with l e p r o s y t o p r i s o n for persons with leprosy. 59. Removal of persons required as witnesses. 60. Medical examination before removal. PART XI
TRATNFNG A N D T R E A T M E N T O F P R I S O N E R S

6 1 . Training, treatment and employment ofprisoners. 62. W o m e n prison officers at prisons for female prisoners. 6 3 . Employment of w o m e n prisoners. 64. Medical officer may excuse employment. 65. clothing, b e d d i n g a n d dietary s c a l e s 66. Gratuities to prisoners. 67. Confinement of convicted criminal Prisoners68. Isolation cells. 69. Separation o f p r i s o n e r s . 70. Application of solitary confinement and m e c h a n i c a l restraint. 7 1 . Prisoners u n d e r s e n t e n c e of death. 72. P e r s o n s s e n t e n c e d to short t e r m of i m p r i s o n m e n t m a y opt for extra mural labour. 73. Medical certificate on death of p e r s o n s .
PARI XIII
DETENTION AND TREATMENT OF UNCONVICTED A N D CIVIL P R I S O N E R S

74. Detention of r e m a n d prisoners. 75. Segregation of civil and unconvicted prisoners. 76. M a i n t e n a n c e of civil a n d u n c o n v i c t e d p r i s o n e r s from private sources. 77. Employment of civil and unconvicted Prisoners-

No. 34

Prison
PAR I XIII
RELEASE AND DISCHARGE OF P R I S O N E R S

1967

Section 78. Discharge Of Prisoners79. Release before expiration of s e n t e n c e . 8 0 . D i s c h a r g e of p r i s o n e r s in a district o t h e r t h a n t h a t in which they usually reside.
PAR 1 XIV
O F F E N C E S , RELATING TO P R I S O N S AND, P R I S O N E R S AND PENALTIES F O R SPECIFIC O F F E N C E S

81. Penalty for unauthorized wearing of unifomns, etc.. 82. Penalty for aiding e s c a p e s 83. Penalty for loitering in the vicinity of a prison, etc. 84. Penalty for trafficking. 85. Prohibited articles. 86. Unlawful possession of prison articles., 87. incitement and abetting of desertion, mutiny a n d . sedition. 88. D e s e r t i o n . 89. Penalty for receiving or d e m a n d i n g m o n e y or other c o n s i d e r a tion from a prisoner, go. penalty for selling or supplying articles to P r i s o n e r s 9 1 . P e n a l t y for i s s u i n g u n a u t h o r i z e d t e s t i m o n i a l . 92. Penalty for giving unauthorized information. 9 3 . G e n e r a l penalty. 94. Power to prosecute under, other law not affected. 9 5 . P o w e r to arrest. 96. Publication of P e n a l t i e s PARTXV GENERAL PROVISIONS,

97. Provisions of Act as to the t r e a t m e n t a n d , c o n d u c t to be m a d e available to prisoners. 98. Evidence of a g e . 99. Limitation of actions, 100. Appointment a n d p o w e r s of visiting j u s t i c e s . 101. Disposal of d e c e a s e d ' s estate. 102. Rewards for apprehension of e s c a p e d prisoners. 103. Prison officers Rewards and Fines Fund. 104. power ofthe Minister to make regulations. 105. R e p e a l o f t h e Prisons ordinance (Cap. 58). 106. Saving.

No. 34

Prisons THE UNITED REPUBLIC OF TANZANIA

1967

No. 34 OF 1967 I AS SENT,

9 T H AUGUST, 1 9 6 7

A n A c t t o c o n s o l i d a t e a n d a m e n d the L a w relating t o P r i s o n s , a n d to provide for the Organization, Discipline, P o w e r s a n d Duties of P r i s o n Officers, a n d f o r m a t t e r s incidental thereto a n d c o n n e c t e d therewith
I 1

ENACTED by the Parliament ofthe United Republic of Tanzania. PARTI

PRELIMINARY

1 . This Act m a y b e cited a s the P r i s o n s Act, 1 9 6 7 a n d s h a l l c o j m ^ ^ into o p e r a t i o n on s u c h d a t e a s the Minister m a y by notice publisjjf <cj, ence in the Gazette appoint. ment 2. In this Act, u n l e s s the c o n t e x t otherwise requires "adult p r i s o n e r " m e a n s a n y p r i s o n e r o f t h e a p p a r e n t a g e o f t w ^ i t t y ^ t a t i o n one years or more; " a p p e l l a n t p r i s o n e r " m e a n s a n y c o n v i c t e d criminal p r i s o n e r w h o i s detained in a prison as a result of a conviction which is the subject m a t t e r of an a p p e a l which h a s b e e n e n t e r e d or lodged but the decision in regard to which has not been given; "civil p r i s o n e r " m e a n s a d e b t o r , a p e r s o n o r d e r e d to be d e t a i n e d in custody under the provisions ofthe Mental Diseases O r d i n a n c g o r ^ detainee under the Preventive Detention Act; C a p . 490 "Commissioner" m e a n s the Commissioner of Prisons; " c o n v i c t e d criminal p r i s o n e r " m e a n s a n y c r i m i n a l p r i s o n e r u n d e r s e n t e n c e of a c o u r t or c o u r t - m a r t i a l or the Military C o u r t or a S p e c i a l Tribunal a n d includes a p e r s o n d e t a i n e d in prison u n d e r section 57 ofthe Criminal Procedure Code; C a p . 20 "criminal prisoner" m e a n s any person duly committed to custody under a writ, w a r r a n t o r o r d e r o f a n y c o u r t o r a u t h o r i t y e x e r c i s i n g criminal jurisdiction or by order o f a court-martial or the Military Court or a Special Tribunal;
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No. 34

Prisons

1967

"Deputy commissioner" m e a n s the Deputy C o m m i s s i o n e r of P r i s o n s ; "deserter m e a n s a prison officer who a b s e n t s himself from duty without r e a s o n a b l e c a u s ^ for a period of fourteen d a y s or m o r e ; " m e d i c a l officer, m e a n s the m e d i c a l officer a p p o i n t e d by the C h i e f Medical officer or other officer authorized by him to be the medical officer of a prison, or, if no medical officer h a s b e e n so appointed, m e a n s the m e d i c a l officer o f t h e district in which the P r i s o n is s i t u a t e d a b s e n c e a n y o t h e r m e d i c a l officer e m p l o y e d b y the Government; Acts 1964 "Military, Court" m e a n s the Court e s t a b l i s h e d by the Military Court No. 15 Act, 4964; " M i n i s t e r m e a n s t h e M i n i s t e r for t h e t i m e b e i n g r e s p o n s i b l e for prisons; "non-pensionable officer" m e a n s a prison officer who does not hold a Cap. 371 pensionable office under the Pensions Ordinance or any written law amending or replacing the s a m e or whose service in a pensionable office does not qualify for a pension under any such law; "officer-in-charge' m e a n s a prison officer a p p o i n t e d by the C o m m i s sioner to be in charge of a prison; C a p . 58 " t h ordinance" m e a n s the Prisons ordinance r e p e a l e d by section 105; "prison" m e a n s a prison established or d e e m e d to have b e e n established under section 23; "prison officer" m e a n s a n y m e m b e r of the Tanganyika Prisons Service of whatever rank; "prisoner" m e a n s any person, whether convicted or not, under detention in any prison; "Prohibited article" m e a n s an article the introduction or r e m o v a l of which into or out of a prison is Prohibited by this Act or by a n y regulations made thereunder; "Service' m e a n s the T a n g a n y i k a P r i s o n s Service e s t a b l i s h e d b y the ordinance; "senior prison officer,, m e a n s a prison officer of or a b o v e s u c h rank as the Minister may specify under subsection (2) of section 3; Acts 1964 " s p e c i a l Tribunal" m e a n s a T r i b u n a l e s t a b l i s h e d u n d e r the S p e c i a l No. 2 1 Tribunals Act, 1964; "subordinate prison Officer m e a n s a prison officer of or b e l o w s u c h rank as the Minister May specify under subsection (2) of section 3; " t e m p o r a r y P r i s o n officer" m e a n s a prison officer a p p o i n t e d u n d e r section 4; "unconvicted prisoner" m e a n s any p e r s o n on r e m a n d or awaiting trial or, in c a s e s ofjuveniles, awaiting admission to an approved school, or any person detained for Safe custody under the immigration Act or for w a n t of sureties, who h a s not b e e n convicted by any court; "visiting justice,, m e a n s a person appointed to be a visiting justice under section 100; "young prisoner" m e a n s a p e r s o n b e t w e e n the a p p a r e n t a g e s of sixteen and twenty-one years.
e

No. 34

Prisons PART n
CONSTITUTION AND ADMINISTRATION OF THE SERVICE

1967

3 - . ( l ) T h e Tanganyika Prisons Service shall consist of the membeEfoposition ofthe Service appointed or d e e m e d to have b e e n appointed undejibMce Act. (2) The Service shall consist of such ranks of senior and subordinate prison officers as the Minister m a y , by notice in the Gazette, specify, and prison, officers shall have seniority as so specified. 4.-(I) W h e n e v e r it is n e c e s s a r y for the safe c u s t o d y of p r i s o n e r s i a n y prison or hospital or being transported from one prison to anolfeejn or for any other p u r p o s e the C o m m i s s i o n e r or, subject to the appKxfisaik ofthe Commissioner, an officer-in-charge of a prison m a y appoint so many fit and proper persons as may be d e e m e d expedient to act as temporary prison officers, upon such conditions as may be prescribed. (2) Every temporary prison officer shall, while so acting, be vested with the s a m e p o w e r s , functions and responsibilities, perform the s a m e duties a n d be subject to the s a m e discipline a n d authority as a prison officer. (3) W h e r e in any prison the n u m b e r of prison officers detailed for d u t y t h e r e i n i s insufficient t o s e c u r e t h e g o o d m a n a g e m e n t a n d administration thereof, it shall be lawful for the officer-in-charge of such p r i s o n , with t h e c o n s e n t o f t h e I n s p e c t o r - G e n e r a l o f P o l i c e o r his r e p r e s e n t a t i v e , to employ temporarily s u c h n u m b e r of police officers as he may consider n e c e s s a r y to perform the duties of prison officers in such prison. (4) Every police officer appointed in pursuance of subsection (3) shall have all the powers, functions, and responsibilities and perform in respect o f t h e prison for which he is so a p p o i n t e d all -the duties of a prison officer o f t h e c l a s s to which the officer-in-charge shall a p p o i n t a n d , for the purposes of this Act, shall be d e e m e d to be a prison officer. 5.-(l) The Commissioner shall, subject to the orders and directioo&eral o f t h e P r e s i d e n t , h a v e the administrative c o m m a n d , superintendeffiSe, control a n d direction ofthe prisons a n d prison officers of Tanganyikae a n d , subject to this Act and to such regulations as m a y be m a d e fi?g re u n d e r , a n d t o a n y o t h e r written law, m a y m a k e s u c h a p p o i n t m e n t s , promotions, transfers and reductions in ranks and grades of subordinate officers as he may see fit. (2) The Commissioner may, subject to, the provisions of this Act and to the o r d e r s a n d directions o f t h e Minister from time to time, frame orders and regulations for the observance of all prison officers and may also frame orders for the general government of such persons in relation to their enlistment, discharge, training, arms and accouterments, clothing and equipment, place of residence, classification and particular services, as well as their distribution a n d inspection a n d m a y also frame s u c h o t h e r orders a n d regulations relative to the said, prison officers as he may d e e m expedient for preventing neglect or a b u s e , and for rendering s u c h prison officers efficient in the d i s c h a r g e of their duties a n d for promoting discipline.
T 1

n i p o r a r y

liSlon

No. 34

Prisons

1967

C o m m i s s i o n e r 6. The c o m m i s s i o n e r shall Periodically visit and inspect, or c a u s e to to m s p e c t be visited and inspected, all prisons within Tanganyika. prisons 7 . - ( l ) T h e D e p u t y C o m m i s s i o n e r m a y , o n the directions o f t h e P o w e r of Commissioner, exercise any ofthe powers or perform any ofthe duties Deputy comv e s t e d in or a s s i g n e d to the C o m m i s s i o n e r by or u n d e r this Act or a n y missioner and regulations m a d e t h e r e u n d e r or by or u n d e r a n y o t h e r written law. delegation (2) The Commissioner may delegate any ofthe powers vested in him of p o w e r s

Officer-incharge of prison Duties of officer-incharge

Responsibilities of officer-in c h a r g e of s t o r e s , etc

by this Act or any regulations made thereunder or, save where a contrary intention a p p e a r s therein, by a n y O t h e r written law, to an A s s i s t a n t commissioner. 8 . - ( l ) The control of e v e r y prison shall be v e s t e d in s u c h prison officer a s m a y b e a p p o i n t e d b y the C o m m i s s i o n e r t o b e i n c h a r g e thereof. (2) Every officer-in-charge shall supervise and control all matters in c o n n e c t i o n with the p r i s o n t o w h i c h h e i s a p p o i n t e d , a n d s h a l l b e responsible to the C o m m i s s i o n e r for the conduct a n d t r e a t m e n t ofthe prison officers and prisoners under his control and for the due observance by prison officers and prisoners ofthe requirements of this Act and ofthe regulations made and instructions and orders issued thereunder. (3) Every officer-in-charge shall be c h a r g e d with the safe custody o f a r m s , a c c o u t e r m e n t s , a m m u n i t i o n , clothing a n d all o t h e r public s t o r e s a n d foodstuffs i s s u e d a n d delivered for the u s e o f t h e prison, the p r i s o n officers a n d the p r i s o n e r s u n d e r his c o n t r o l a n d with all public m o n e y for which he m a y be held a c c o u n t a b l e , a n d also, subject t o t h e p r o v i s i o n s o f this A c t a n d o f a n y r u l e s m a d e t h e r e u n d e r , with all v a l u a b l e s , m o n e y , articles o f clothing a n d o t h e r p r o p e r t y e n t r u s t e d to his k e e p i n g as b e i n g the property of p r i s o n e r s , a n d shall a c c o u n t for the s a m e i n c a s e o f their b e i n g l o s t o r d a m a g e d o t h e r wise than by unavoidable accident, theft, robbery or lawful use. PART in
P O W E R S , DUTIES AND PRIVILEGES OF P R I S O N O F F I C E R S

General powers a n d duties ofprison officers

Cases where prison officers have the power and privileges of police officers Arrest of deserters

9 .-(l) Every prison officer shall exercise s u c h powers a n d perform s u c h duties a s a r e b y l a w c o n f e r r e d o r i m p o s e d o n p r i s o n officers o f his r a n k , a n d s h a l l o b e y all lawful d i r e c t i o n s i n r e s p e c t o f t h e execution of his office which he m a y from time to time receive from his senior officers. (2) Every prison officer shall be d e e m e d to be on duty at all times a n d m a y at a n y time be detailed for duty in a n y p a r t of T a n g a n y i k a . 10. While in c h a r g e of prisoners for the p u r p o s e of conveying a n y p r i s o n e r to or from a prison or for the p u r p o s e of a p p r e h e n d i n g a n y prisoner who m a y have e s c a p e d from a prison, or who m a y have e s c a p e d while being c o n v e y e d to or from a prison, or for the p u r p o s e o f p r e v e n t i n g t h e r e s c u e o f a n y p r i s o n e r o r for t h e p u r p o s e of preventing a n , attack on a prison, every Prison officer shall have all the powers and privileges of a police officer. 11. Any prison officer may, on reasonable suspicion that any p e r s o n is a d e s e r t e r , a r r e s t s u c h p e r s o n without a warrant a n d shall forthwith take him before a magistrate.

No. 34

Prisons

1967

12. -(1) Any prison officer m a y examine anything within, or being p e r t o b r o u g h t into o r o u t of, a p r i s o n a n d m a y s t o p a n d s e a r c h a n v y n i n e v e h i c l e or p e r s o n within a p r i s o n or g o i n g into or o u t of a p r i s i w r e o n s or or, w h e t h e r within o r o u t s i d e a p r i s o n , a n y p e r s o n w h o , or^afoiy^s vehicle which, is without authority close to a prisoner if he h a s r e a s o n to s u s p e c t that s u c h p e r s o n or vehicle is carrying a prohibited article or a n y property belonging to the G o v e r n m e n t in u s e in a prison. (2) A s e n i o r officer on duty in a prison m a y refuse a d m i s s i o n to the prison to any person who is not willing to be searched. (3) A s e n i o r officer on d u t y in a p r i s o n m a y o r d e r a n y p e r s o n within a p r i s o n w h o r e f u s e s to be s e a r c h e d to l e a v e the prison a n d , if s u c h a p e r s o n refuses to l e a v e , m a y c a u s e him to be r e m o v e d from t h e p r i s o n , a n d for t h a t p u r p o s e m a y u s e s u c h f o r c e a s m a y b e necessary. (4) If on stopping a n d s e a r c h i n g any vehicle or p e r s o n u n d e r s u b section (1) a prison officer finds any prohibited article or any property b e l o n g i n g to t h e G o v e r n m e n t in u s e in a p r i s o n he m a y a r r e s t the p e r s o n or the p e r s o n in the vehicle who a p p e a r s to h a v e charge o f t h e article o r p r o p e r t y a n d s h a l l , a s s o o n a s p r a c t i c a b l e , c a u s e s u c h p e r s o n to be h a n d e d o v e r to a police officer or, in the a b s e n c e of a police officer, to be taken to the nearest police station. (5) Any s e a r c h of a w o m a n u n d e r this s e c t i o n s h a l l be m a d e by another woman with due regard to decency. 13. -(1) Any p r i s o n officer m a y u s e s u c h force a g a i n s t a p r i s o n e r as is r e a s o n a b l y n e c e s s a r y in o r d e r to m a k e him o b e y lawful o^fef ' which he r e f u s e s to o b e y or in o r d e r to maintain discipline i g ^ prison. (2) Any prison officer m a y u s e a n y w e a p o n s , including firearms, which m a y have b e e n issued to him against a prisoner if such prisoner(a) is e s c a p i n g or a t t e m p t i n g to e s c a p e a n d r e f u s e s , w h e n called upon, to re torn; or (b) is e n g a g e d with o t h e r p e r s o n s in b r e a k i n g o u t or a t t e m p t i n g to b r e a k out of any part of a prison a n d Continues to b r e a k out or to a t t e m p t to b r e a k o u t w h e n called u p o n to d e s i s t ; or (c) is e n g a g e d with o t h e r s in riotous b e h a v i o u r in a p r i s o n a n d refuses to desist when called upon to do so; or (d) is e n d a n g e r i n g the life of, or is likely to inflict g r a v e injury to, the prison officer or to any other prison officer or to any other p e r s o n a n d the u s e of w e a p o n s , including firearms, is the only practicable way of controlling the prisoner: Provided that w e a p o n s shall not be u s e d as authorized in p a r a g r a p h s (a), (b) and (c) ofthis subsection unless the officer has reasonable cause to believe that he c a n n o t otherwise prevent the e s c a p e , breaking out or riotous behavior, as the c a s e m a y b e , a n d h a s given a warning to s u c h p r i s o n e r t h a t h e i s a b o u t t o u s e s u c h w e a p o n s a g a i n s t him a n d s u c h warning is u n h e e d e d : And p r o v i d e d further t h a t no p r i s o n officer shall, in the p r e s e n c e of his senior officer, u s e his w e a p o n s a g a i n s t a prisoner as authorized u n d e r p a r a g r a p h s (a), (b) or (c) ofthis subsection e x c e p t u n d e r the orders of such senior officer:
O W

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No. 34

Prisons

1967

P o w e r to take photographs, fingerprints etc

Non-liability for a c t d o n e under authority of a warrant

And provided further that the use of a weapon under this section shall be aimed, as far as possible, to disable and not to kill. 14. Any officer-in-charge m a y c a u s e p h o t o g r a p h s , m e a s u r e m e n t s , footprints a n d c a s t s thereof, p a l m prints or fingerprints to be taken of any prisoner by any prison officer or other p e r s o n authorized by the C o m m i s s i o n e r in that behalf, a n d where any p e r s o n refuses to permit his photographs, m e a s u r e m e n t s , footprints or casts thereof, palm prints or fingerprints to be t a k e n , the officer m a y , u s e or c a u s e to be u s e d s u c h force as m a y be n e c e s s a r y to s e c u r e the p h o t o g r a p h s , footprints or casts thereof, palm prints or fingerprints as the c a s e m a y b e : P r o v i d e d t h a t t h e p h o t o g r a p h s , m e a s u r e m e n t s , footprints a n d c a s t s thereof, p a l m prints a n d fingerprints of a p r i s o n e r w h o is s u b s e q u e n t l y a c q u i t t e d a n d d i s c h a r g e d s h a l l b e d e s t r o y e d u p o n the prisoner's release by the court. 15. -(1) W h e r e the d e f e n c e to a n y suit instituted a g a i n s t a prison officer is t h a t t h e a c t c o m p l a i n e d of w a s d o n e in o b e d i e n c e to a certificate o r w a r r a n t p u r p o r t i n g t o b e i s s u e d b y a c o u r t o r o t h e r c o m p e t e n t authority, the court shall, upon production ofthe certificate or warrant a n d u p o n proof that the act complained of w a s done in o b e d i e n c e t o s u c h certificate o r w a r r a n t , e n t e r j u d g m e n t i n f a v o u r of such prison officer. (2) No p r o o f o f t h e s i g n a t u r e on a certificate or w a r r a n t shall be required unless the court h a s r e a s o n to doubt the g e n u i n e n e s s thereof; a n d where it shall be proved that s u c h signature is n o t g e n u i n e , j u d g m e n t shall nevertheless be given in favour of. the prison officer if it is p r o v e d t h a t , a t t h e time the a c t c o m p l a i n e d o f w a s c o m m i t t e d , h e b e l i e v e d o n r e a s o n a b l e g r o u n d s that the signature w a s g e n u i n e . 16. P r i s o n officers shall, s u b j e c t to the e x i g e n c i e s o f t h e s e r v i c e , be g r a n t e d leave in a c c o r d a n c e with the regulations m a d e u n d e r this Act.
P A R I IV.
RETIREMENT BENEFITS WHICH M A Y B E GRANTED To NON-PENSIONABLE OFFICERS

Leave of prison officers

Gratuitie s p a y a b l e after twelve or more y e a r s service

17. E v e r y n o n - p e n s i o n a b l e prison officer of or b e l o w the r a n k of prison officer Grade I shall, on discharge after continuous good service e x t e n d i n g o v e r a p e r i o d of n o t l e s s t h a n twelve y e a r s , be eligible to r e c e i v e a gratuity c a l c u l a t e d at the rate of two-thirds of a m o n t h ' s p a y o f t h e rank in which he w a s serving at the time of d i s c h a r g e for every completed y e a r of service up to a m a x i m u m of twenty-one years. n o n - p e n s i o n a b l e prison officer of or b e l o w the rank Grade I-

P r o p o r t i o n a l 18. W h e n a n y gratuities of prison officer p a y a b l e in certain (a) dies; circumstances

(b) is d i s c h a r g e d as medically unfit for further service (such unf i t n e s s n o t h a v i n g b e e n c a u s e d b y his o w n m i s c o n d u c t o r negligence); (c) is d i s c h a r g e d on a c c o u n t of reduction of establishment; or

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11

(d) h a v i n g b e e n enrolled in the Service before the eighth d a y of D e c e m b e r , 1961, is required to retire from the Service or c e a s e s to s e r v e t h e r e i n in a c c o r d a n c e with the provisions of s e c t i o n 10 ofthe Pensions Ordinance, C a p . 371 before completing twelve y e a r s ' continuous good service, the Principal S e c r e t a r y to the T r e a s u r y m a y , on the r e c o m m e n d a t i o n of the C o m m i s s i o n e r , authorize the p a y m e n t to his e s t a t e or to him, as the c a s e m a y b e , of a p r o p o r t i o n a l p a r t o f t h e gratuity which he would h a v e e a r n e d u n d e r section '17 if he h a d c o m p l e t e d the said period of service. 1 9 . Any gratuity w h i c h w o u l d h a v e b e e n d u e a n d p a y a b l e t o g r a c e s n o n - p e n s i o n a b l e officer h a d h e t a k e n his d i s c h a r g e u n d e r the p r a & w e d t o b e s i o n s of this Act shall, in the e v e n t of his r e - e n g a g i n g for a furtbJecmed part t e r m a n d dying in the s e r v i c e b e f o r e t h e c o m p l e t i o n of s u c h tenfthe be d e e m e d to h a v e b e l o n g e d to him for the p u r p o s e of p a y m e n t toffe ' estate.
r s e s t a t e

PART V
MEDICAL OFFICERS

20. (1) There shall be a medical officer responsible for every p r i s o n

vledical

officers

(2) The m e d i c a l officer shall be r e s p o n s i b l e for the h e a l t h of all p r i s o n e r s in a p r i s o n a n d s h a l l c a u s e all p r i s o n e r s to be m e d i c a l l y examined at such times as may be prescribed. (3) A medical officer may, whether or not a prisoner consents thereto, take or c a u s e to be t a k e n s u c h action (including the forcible feeding, inoculation, vaccination a n d any other t r e a t m e n t ofthe prisoner, w h e t h e r ofthe like nature or otherwise) as he m a y consider n e c e s s a r y t o s a f e g u a r d o r r e s t o r e t h e h e a l t h o f t h e p r i s o n e r o r t o p r e v e n t the spread of disease. (4) All actions of a medical officer, prison officer, medical orderly, or other person acting u n d e r subsection (3) or in p u r s u a n c e of directions given thereunder, shall be lawful. 21. -(1) The m e d i c a l officer shall e x a m i n e every prisoner on a d m ^ - d ^ a i sion a n d prior to d i s c h a r g e , a n d shall record the state of health oJatbigiation p r i s o n e r a n d s u c h o t h e r particulars a s m a y b e p r e s c r i b e d , ancJfuwtfters so e x a m i n e d every p r i s o n e r on a d m i s s i o n shall, so far as is p o s s i b l e , be kept apart from other prisoners. (2) The medical officer shall examine daily every prisoner in solitary confinement or hospital, or reported to him as being sick. (3) The medical officer shall enter in a register, kept for the purpose, his comments on the cases sent to him for treatment.

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B o o k to be kept by medical officer

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22. The medical officer shall, on the death of any prisoner, record in the register, the following particulars, so far as they can be ascertained, namely: (a) the day on which the d e c e a s e d first complained of illness, or was observed to be ill; (b) the labour, if any, on which he was e n g a g e d on that day; (c) the scale of his diet on that day; (d) the day on which he was admitted to hospital; (e) the day on which the m e d i c a l officer was first informed ofthe illness; (f) the nature ofthe disease; (g) when the d e c e a s e d was last s e e n before his death by the medical officer; (h) w h e n the p r i s o n e r died, a n d (in c a s e s w h e r e a p o s t m o r t e m examination is m a d e ) an a c c o u n t ofthe a p p e a r a n c e after d e a t h , t o g e t h e r with a n y s p e c i a l r e m a r k s t h a t a p p e a r t o the m e d i c a l officer to be relevant.

P A R T VI ESTABLISHMENT AND CONTROL OF PRISONS Declaration 23,(1) T h e Minister m a y , b y notice in t h e Gazette, d e c l a r e a n y tionof "building, enclosure or place, or any thereof, to be a prison for the prisons p u r p o s e s of this Act, a n d m a y , in a like m a n n e r , d e c l a r e t h a t a n y prison shall c e a s e to be a prison for the p u r p o s e s ofthis Act a n d m a y classify prisons so declared as aforesaid into g r a d e s and m a y prescribe the privileges applicable to each class ofprisons.
SS

ca

(2) Every prison shall include the grounds and buildings within the prison enclosure a n d also a n y other grounds or buildings belonging or a t t a c h e d thereto a n d u s e d by prisoners or the staff of the prison. (3) In any writ, warrant or other legal instrument in which it may be n e c e s s a r y to describe a particular prison a n y description designating a prison by reference to the n a m e ofthe place or town where it is situated, or other definite description, shall be valid and sufficient for all purposes.
Temporary prisons

24. Whenever(a) it a p p e a r s to the C o m m i s s i o n e r that the n u m b e r of prisoners in a n y prison is g r e a t e r t h a n c a n conveniently be a c c o m m o d a t e d therein and that it is not convenient to transfer the excess n u m b e r to some other prison; or (b) owing to the outbreak of epidemic disease within a prison or for a n y other r e a s o n , it is desirable to provide for temporary shelter or safe custody of any prisoners, s u c h provision shall be m a d e as the Commissioner, with the approval ofthe Minister, may direct for the shelter and safe custody in temporary prisons of so m a n y ofthe prisoners as c a n n o t be conveniently or safely a c c o m m o d a t e d in the prison, and every such temporary prison shall be deemed to be a prison for the purposes ofthis Act.

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A D M S S ION AND CUS TODY OF PRIS O N E R S

25. -(1) N o p r i s o n e r shall b e a d m i t t e d into a prison u n l e s s a c c o n j j s i f p a n i e d by a r e m a n d w a r r a n t , certificate, w a r r a n t or o t h e r ordepr-isafers detention, or w a n a n t of conviction or of committal.
m S o n 0

(2) Subject to such conditions as m a y be prescribed, an infant child of a female prisoner m a y be received into prison with its mother. (3) The officer-in-charge shall verify that the prisoner is the p e r s o n n a m e d in the warrant, certificate or order, and that such warrant, certificate o r o r d e r b e a r s the s i g n a t u r e a n d s e a l o f t h e Court o r c o m p e t e n t authority a n d in all o t h e r r e s p e c t s complies with the r e q u i r e m e n t s of
law.

(4) The officer-in-charge shall keep every such warrant, certificate or order, or certified true copies thereof throughout the period during which the person refened to therein is in his custody. (5) Upon the admission to prison of any person the officer-in-charge shall c a u s e t o b e r e c o r d e d s u c h particulars r e g a r d i n g s u c h p e r s o n a s m a y b e prescribed. 26. A p r i s o n e r w h o is being r e m o v e d or transferred from one priBififcnner in to another, shall, while outside the prison, be kept in the custody ofsthey of prison officer directed to convey him a n d shall be d e e m e d to be inflfeetalawful c u s t o d y o f t h e officer-in-charge o f t h e p r i s o n at which su^ffg prison officer is serving.
e

27. Any prisoner m a y be detained in a police lock-up or cell in a 3 s i area where no prison has b e e n established, for a period not exceedffig police lock seven days. ups or cell
t e n t

n o f

ners m

28. Male and female prisoners shall be confined in separate pris<resiie or separate parts ofthe same prison in such m a n n e r as to p r e v e n t p a s > i f a * to as practicable, their seeing or conversing or holding any communicafle^P a party with one another.
1

29. Every prisoner sentenced to imprisonment and admitted to prisiaaification shall be classified by the officer-in-charge in the m a n n e r prescribedfprisoners

14
Commencemeatand computation sentence

N o . 34

Prisons

1967

Execution sentence

3 0 . - ( l ) A s e n t e n c e of imprisonment shall take effect from the day h i c h the s e n t e n c e w a s p a s s e d u n l e s s it is s u s p e n d e d u n d e r the provisions of a n y law or u n l e s s the offender is r e l e a s e d on bail, in h i h c a s e the s e n t e n c e shall take effect from the d a y on which h e surrenders himself or is taken into custody to undergo s e n t e n c e . (2) W h e n e v e r a capital s e n t e n c e is c o m m u t e d to a s e n t e n c e of imp r i s o n m e n t the s e n t e n c e shall be d e e m e d to h a v e c o m m e n c e d on the date the sentence of death was passed. 3 i ( i ) S e n t e n c e of d e a t h s h a l l b e c a r r i e d o u t in or within t h e precincts of a prison a p p o i n t e d by the C o m m i s s i o n e r for the carrying out of sentences of death. (2) The officer-in-charge, the medical officer and such prison officers as m a y be n e c e s s a r y shall be p r e s e n t at an execution of a s e n t e n c e of death. (3) A minister of the religious denomination to which the prisoner belongs m a y b e present at the execution. (4) No other person except those authorized in subsections (2) and (3) ofthis section shall be p r e s e n t at an execution without the written authority ofthe Minister.
o n w w c

PART vm OFFENCES BY PRISONERS

Prison offences

3 2 . The Minister m a y prescribe w h a t acts or omissions by prisoners shall be d e e m e d to be prison offences and may prescribe which of such offences shall be minor prison offences and which shall be major prison offences. 33 officer-in-charge, if h e is a s e n i o r prison officer, m a y p u n i s h a n y p r i s o n e r found after due inquiry by him to b e guilty of a minor offence by awarding him one or more ofthe following punishments:(a) confinement in a s e p a r a t e cell on s u c h p u n i s h m e n t diet as m a y be prescribed a n d for a term not e x c e e d i n g s u c h period as m a y be prescribed; (b) forfeiture of r e m i s s i o n n o t e x c e e d i n g s u c h t e r m of r e m i s s i o n earned as may be prescribed; (c) forfeiture of some or all of the privileges for such period as may be prescribed. (2) An officer-in-charge, ifhe is a subordinate prison officer, m a y p u n i s h any, p r i s o n e r found after due inquiry by him to be guilty of a minor prison offence by awarding him o n e or more o f t h e following punishments^ (a) confinement in a s e p a r a t e cell on s u c h p u n i s h m e n t diet as m a y be p r e s c r i b e d for a t e r m n o t e x c e e d i n g s u c h period as m a y be prescribed, (b) forfeiture of r e m i s s i o n n o t e x c e e d i n g s u c h t e r m of r e m i s s i o n earned as may be prescribed; (c) forfeiture of some or all of the privileges for such period as may be prescribed.

Powers of officer-inc h a r g e to punish pnsoners

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15

(3) An officer-m-charge being a senior prison officer may punish any prisoner found after due inquiry by him to be guilty of a major prison offence by awarding him one or more o f t h e following p u n i s h m e n t s :(a) corporal p u n i s h m e n t with a c a n e , not exceeding such n u m b e r of strokes a s m a y b e p r e s c r i b e d : Provided that corporal punishment shall not be awarded except for an offence involving p e r s o n a l violence to a prison officer: And provided further that no s e n t e n c e of corporal p u n i s h m e n t shall be carried out unless s u c h s e n t e n c e h a s b e e n confirmed by the Commissioner; (b) c o n f i n e m e n t i n a s e p a r a t e cell o n s u c h p u n i s h m e n t d i e t a s m a y be p r e s c r i b e d for a term not e x c e e d i n g s u c h period as m a y be prescribed; (c) forfeiture of r e m i s s i o n n o t e x c e e d i n g s u c h t e r m of r e m i s s i o n e a r n e d as m a y be p r e s c r i b e d ; (d) forfeiture of some or all ofthe privileges for such period as m a y b e prescribed. 34,(1) T h e C o m m i s s i o n e r m a y p u n i s h a n y p r i s o n e r found aftpfnjshment due inquiry by him to be guilty of a prison offence. of prisoners (2) An officer-in-charge on finding a p r i s o n e r guilty of a M a j o . . prison offence m a y , if he is o f t h e opinion t h a t in the circumstance M ofthe c a s e the powers of p u n i s h m e n t he p o s s e s s e s are i n a d e q u a t e , transfer the c a s e to the C o m m i s s i o n e r for p u n i s h m e n t . (3) An officer-in-charge, ifhe transfers a c a s e to the Commissioner under subsection (2), shall forward to the Commissioner (a) a copy ofthe charge; (b) the record of all the evidence he has taken, including the evidence ofthe prisoner; (c) the reasons why he has found the prisoner guilty; and (d)~ any representations the prisoner m a y wish to make to the Commissioner in regard to punishment. (4) The Commissioner on receipt of a record forwarded to him under subsection (3) may(a) punish the prisoner; or (b) reverse the finding ofthe officer-in-charge and acquit the prisoner, or (c) require the officer-in-charge to take further evidence and submit it to him prior to his making a decision. (5) The C o m m i s s i o n e r m a y a w a r d a p r i s o n e r o n e or m o r e o f t h e following p u n i s h m e n t s : (a) corporal p u n i s h m e n t with a c a n e not e x c e e d i n g such n u m b e r of strokes as m a y b e prescribed; (b) confinement m a s e p a r a t e cell on such diet as m a y be prescribed and for such period as may be prescribed;; (c) forfeiture of r e m i s s i o n n o t e x c e e d i n g s u c h t e r m of r e m i s s i o n earned as m a y b e prescribed. (d) forfeiture of some or all. ofthe privileges for such period as m a y be prescribed.
y n

lllsslon

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Right to apply review

No. 34

Prisons

1967

35. -(1) Where a prisoner is found guilty of a major prison offence by an officer-in-charge u n d e r the provisions of section 3 3 , the officer shall inform the p r i s o n e r t h a t he m a y . if he so w i s h e s , h a v e his c a s e r e v i e w e d b y the C o m m i s s i o n e r a n d w h e r e the p r i s o n e r e x p r e s s e s a desire to have his c a s e so reviewed the officer-in-charge shall transmit to the C o m m i s s i o n e r a r e c o r d o f t h e p r o c e e d i n g s in the p r e s c r i b e d form. (2) on receipt ofthe record transmitted to him u n d e r the provisions of subsection ( l ) t h e Commissioner may( a ) r e v e r s e t h e finding o f t h e officer-in-charge a n d a c q u i t t h e prisoner; (b) require the officer-in-charge to take further evidence a n d s u b mit it to him prior to his making a decision; (c) affirm the finding made by the officer-in-charge and(i) reduce the punishment; (ii) increase the punishment; or (iii) alter the nature ofthe punishment. P r o v i d e d t h a t the C o m m i s s i o n e r s h a l l n o t o n r e v i e w a w a r d i n respect of any prison offence a punishment' greater than the punishment which the officer in charge who tried the prisoner could have lawfully awarded.

Magistrate m a y punish p e r s is t e n t offenders

36. Any prisoner who is a persistent offender against prison discipline may, instead of being dealt with u n d e r the foregoing provisions ofthis p a r t , b e b r o u g h t b e f o r e a m a g i s t r a t e a n d c h a r g e d with a n y o f t h e prison offences he has committed and the magistrate may on convicting the offender s e n t e n c e him to a t e r m of i m p r i s o n m e n t n o t e x c e e d i n g six months to run consecutively with the sentence then being served: Provided that no proceedings under this section shall be taken against any prisoner in r e s p e c t of any m a t t e r for which he h a s b e e n p u n i s h e d under the provisions of sections 33 or A

Prisoner's defence

37. No prisoner -shall be found to be guilty of a prison offence until he h a s h a d an opportunity of hearing the charge or charges against him and making his defence. 38.--(I) No p r i s o n e r s h a l l be s u b j e c t e d to p u n i s h m e n t diet until certified as medically fit to undergo such Punishment by a medical officer or other p e r s o n appointed for such purpose by the medical officer. (2) P u n i s h m e n t diet shall not be combined with labour.

Medical examination before punishment

N o . 34

Prisons

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17

3 9 . (1) W h e r e c o r p o r a l p u n i s h m e n t is p r e s c r i b e d for a n y offem&^oral t h e n u m b e r o f s t r o k e s s h a l l n o t e x c e e d t e n in t h e c a s e o f p e p s t f t f f l m e n t of or u n d e r the a p p a r e n t a g e of sixteen y e a r s , a n d eighteen in all other c a s e s , and s h a l l b e inflicted with such type of cane and in such m a n n e r as m a y b e prescribed. (2) Every sentence of corporal punishment imposed upon a prisoner by an officer-in-charge s h a l l b e subject to confirmation by the C o m missioner, who m a y i n c r e a s e or r e d u c e the n u m b e r of strokes ordered to be inflicted, or m a y substitute any other p u n i s h m e n t or punishments as he is authorized by this Act to award. (3) No s e n t e n c e of corporal p u n i s h m e n t shall be carried out unless the medical officer h a s certified that the prisoner is fit to u n d e r g o such punishment. (4) A medical officer may give such directions for the prevention of injury to the health ofthe prisoner ordered to receive corporal punishm e n t as he m a y d e e m n e c e s s a r y , and such directions shall be complied with before the p u n i s h m e n t is inflated; a n d if, during the course ofthe infliction of s u c h p u n i s h m e n t the m e d i c a l officer shall direct it to be discontinued, it shallbe discontinued accordingly. (5) C o r p o r a l p u n i s h m e n t s h a l l n o t b e inflicted u p o n a n y female prisoner, nor upon male prisoners u n d e r s e n t e n c e of d e a t h or over the a g e o f forty-five y e a r s , n o r u p o n a n y civil p r i s o n e r n o r u p o n a n y prisoner imprisoned as a vagrant. 4 0 . W h e n e v e r it a p p e a r s to t h e officer-in-charge t h a t it is d e s i r a h j ^ g a t i o n for the good o r d e r a n d discipline ofthe prison for a p r i s o n e r t o be (pfe&ner s e g r e g a t e d a n d n o t to work or a s s o c i a t e with o t h e r p r i s o n e r s , it shall be lawful for such officer to order the segregation of such prisoner for such period as m a y b e considered necessary. 4 1 . T h e officer-in-charge s h a l l c a u s e to b e e n t e r e d in a r e g B S e t p J t e r o f which shall b e o p e n for inspection by the visiting j u s t i c e s , a r e o l h m e n t s of all punishments imposed upon prisoners, showing in r e s p e c t of e a c h prisoner p u n i s h e d , his n a m e , the nature of his offence, and the nature and extent of his punishment. 4 2 . Every prisoner shall be subject to prison discipline a n d reg iS feS tions during the whole time of his i m p r i s o n m e n t w h e t h e r he is o^-te not within the precinct of any prison. discipline
p i ners 110

and regulation 4 3 . - ( 1 ) Every prison officer inquiring into a disciplinary offencep owers ot alleged to have been committed by prisoners shall have power to sumffitaewi a n a e x a m i n e w i t n e s s e s o n o a t n o r affirmation a n d t o requiradihieg production of all d o c u m e n t s relevant to s u c h inquiry and to adjo#riiP }' any hearing from time to time. inquiries
linar

18

No. 34

Prisons

1967

(2) Any p e r s o n s u m m o n e d as a witness u n d e r subsection (1) who fails to attend at the time a n d place m e n t i o n e d in the s u m m o n s or on a d j o u r n m e n t , or refuses to a n s w e r a n y q u e s t i o n lawfully p u t to him shall be guilty of an offence and shall be liable on conviction by a court of c o m p e t e n t jurisdiction to a fine not exceeding one hundred shillings or to i m p r i s o n m e n t for a t e r m n o t e x c e e d i n g o n e m o n t h or to both s u c h fine and such imprisonment: P r o v i d e d t h a t n o w i t n e s s s h a l l b e obliged t o a n s w e r a n y q u e s t i o n w h i c h m a y t e n d t o i n c r i m i n a t e h i m o r r e n d e r h i m liable t o a n y penalty. P A R T LX
PRIVILEGES OF PRISONERS AND REMISSION OF SENTENCE Religion of prisoners

4 4 . The religious d e n o m i n a t i o n o r s e c t o f e v e r y p r i s o n e r s h a l l b e r e c o r d e d a n d he shall be t r e a t e d as a m e m b e r of s u c h religious denomination or sect. S u c h facilities for worship shall be provided as m a y b e prescribed. 4 5 . T h e Minister m a y from time to time a p p o i n t by notice in the Gazette ministers or priests of any religion or sect to be prison ministers. 4 6 . T h e privileges o f p r i s o n e r s t o r e c e i v e a n d s e n d letters a n d t o receive visitors shall be such as m a y b e prescribed. 47. The G o v e r n m e n t shall b e a r the cost of p o s t a g e of letters written by prisoners. 4 8 . E v e r y p r i s o n e r m a y bring to the notice of a n y visiting justice w h o is visiting the prison a n y m a t t e r which he c o n s i d e r s s h o u l d be brought to the visiting justice's attention. 49,(I) Convicted criminal prisoners sentenced to imprisonment may by industry a n d g o o d c o n d u c t e a r n a r e m i s s i o n of one-third of their sentence or sentences: Provided that in no c a s e shall any remission be granted to a prisoner s e n t e n c e d to imprisonment for life or to be d e t a i n e d at the President's pleasure. (2) F o r t h e purpose ofgiving effect to subsection (1), a convicted criminal prisoner shall, on admission, be credited with the full amount of remission to which he would be entitled at the e n d of his s e n t e n c e or sentences if he lost no remission of sentence. (3) A prisoner m a y lose remission as a result of p u n i s h m e n t for a prison offence, a n d shall not e a r n any remission in r e s p e c t of any period(a) s p e n t in hospital, if his s t a y in h o s p i t a l is c a u s e d by his own negligence or if he is certified by the medical officer to be malingering; or (b) while undergoing confinement as a punishment in a separate cell. (4) The C o m m i s s i o n e r s h a l l h a v e the p o w e r to r e s t o r e forfeited remission in whole or part.

Appointment of prison Ministers Visits a n d le t t e r s Postage of le t t e r s written by Prisoners Approach to v i s iting justice

Remission of part of sentence of convicted criminal prisoner

No. 34

Prisons

1967
tiona

19

50. N o t w i t h s t a n d i n g the P r o v i s i o n s of s e c t i o n 4 9 , . on the recq$njj i m e n d a t i o n o f t h e C o m m i s s i o n e r , the P r e s i d e n t m a y g r a n t a fursl^e^i r e m i s s i o n On the g r o u n d s of e x c e p t i o n a l merit, p e r m a n e n t i l l - h e a i l i k s i o n or any other ground. 5 1 . The C o m m i s s i o n e r shall s u b m i t to the P r e s i d e n t a report on^Jhigw f g e n e r a l condition a n d c o n d u c t of the. following prisoners at the tirn^ig; stated:(a) young prisoners serving indeterminate s e n t e n c e s - a s soon as the p r i s o n e r h a s c o m p l e t e d one y e a r o f t h e s e n t e n c e a n d thereafter annually; (b) adult prisoners serving fixed s e n t e n c e s o f e i g h t y e a r s o r m o r e as soon as the prisoner h a s completed four years of his s e n t e n c e and thereafter at quadrennial intervals; (c) adult prisoners serving indeterminate s e n t e n c e s as s o o n as the p r i s o n e r h a s c o m p l e t e d o n e y e a r o f his s e n t e n c e a n d t h e r e quadrennial intervals: Provided that nothing in this section shall be d e e m e d to prohibit the P r e s i d e n t from directing t h a t the reports shall be s u b m i t t e d at m o r e frequent intervals or the Commissioner from submitting reports as and when he may consider desirable: And p r o v i d e d further t h a t the provisions of this s e c t i o n shall n o t apply to criminal lunatics or prisoners receiving t r e a t m e n t in m e n t a l hospitals.
0 nce

PART X
REMOVAL OF P R I S O N E R S

5 2 . - ( l ) The C o m m i s s i o n e r m a y o r d e r that a n y p r i s o n e r shall b j m o v a i o f r e m o v e d from o n e prison to a n o t h e r - a n d w h e n e v e r a n y prisonpejjger r e m o v e d to any prison other than that n a m e d in the warrant or <&rckeEn u n d e r which h e m a y h a v e b e e n i m p r i s o n e d , s u c h w a r r a n t or (pfidcSiej's t o g e t h e r with an o r d e r of removal, either e n d o r s e d on the warrant or order or separate therefrom, shall be d e e m e d sufficient aufhority for the r e m o v a l of s u c h prisoner to the prison n a m e d in the order of r e m o v a l a n d for his detention therein, a n d , in the c a s e of convicted criminal prisoners, for the carrying out of the sentence or any part thereof which may remain unexecuted. (2) W h e r e o n the r e m o v a l o f a n y p r i s o n e r from a n y P r i s o n the officer-in-charge is unable to provide a prison Officer as escort for such prisoner, it shall be lawful for the officer-in-charge of the prison from which the prisoner be detailed for such duty, and t h e r e u p o n such police officer shall h a v e the s a m e p o w e r s a n d be subject to the s a m e responsibilities, discipline and penalties and to the s a m e authority as a prison officer would have and be subject to in like circumstances. 5 3 - ( l ) In the c a s e of serious illness of a prisoner confined in a , i . r. . . r. . .-.Removal of prison where adequate facilities do not exist for the treatment of Sgigp prisoners, the medical officer may order his removal to a Government l nospitaland in cases of emergency such removal may be ordered b | t n e spital officer-in-charge without consultation with the medical officer.
1 o p

20

No. 34

Prisons

1967

(2) Any prisoner who is removed to a hospital under subsection (1) shall be d e e m e d to be u n d e r detention in the prison from which he is so removed. (3) W h e n e v e r the m e d i c a l officer c o n s i d e r s t h a t the h e a l t h of a prisoner removed to a hospital under subsection (1) no longer requires his detention therein he shall notify the officer-in-charge ofthe prison from which the prisoner was removed and the officer-in-charge of that prison shall thereupon cause such prisoner to be returned to the prison if he is still liable to be confined therein.
Medical

54. -(1) Every r e a s o n a b l e precaution s h a l l b e t a k e n by the m e d i c a l

staff to t a k e Office r-in-charge p r e c a u t i o n s prevent the e s c a p e to p r e v e n t m e n t therein, a n d

escape

of a h o s p i t a l a n d the p e r s o n s e m p l o y e d therein to of any prisoner who m a y at any time be u n d e r treatit shall be lawful for such officer and p e r s o n s to take such m e a s u r e s for the preventing ofthe e s c a p e of any such prisoner as may be necessary: P r o v i d e d that nothing shall be d o n e u n d e r the authority ofthis subsection which, in the opinion ofthe medical officer-in-charge of such hospital, is likely to be prejudicial to the health of such prisoner. (2) Subject to subsection (3) of section 49 the period during which the prisoner h a s b e e n detained in a hospital u n d e r this section s h a l l b e d e e m e d part of his term of imprisonment.

M e a s u r e s for 55. Where the officer-in-charge considers it desirable to take special s e c u r i t y of m e a s u r e s f o r t h e s e c u r i t y of a n y p r i s o n e r u n d e r g o i n g t r e a t m e n t in prisoners a hospital, it shall be lawful for him to give such prisoner into the charge m hospital of s u c h prison officers or t e m p o r a r y prison officers as the officer-in-

c h a r g e m a y s e e fit. O n e of s u c h prison officers or t e m p o r a r y prison officers s h a l l a l w a y s b e with s u c h p r i s o n e r d a y a n d night a n d s u c h prison officers or t e m p o r a r y prison officers s h a l l b e v e s t e d with full powers and authority to do all things n e c e s s a r y to prevent such prisoner from e s c a p i n g a n d s h a l l b e a n s w e r a b l e for his safe custody until s u c h time as he is h a n d e d over to the officer-in-charge on his discharge from hospital or until such time as his s e n t e n c e expires, whichever m a y first occur.
Prison Sable fo e s c a p e of p r i s o n e r s in ospita
r t

5 6 . If a n y p r i s o n e r s h a l l e s c a p e d u r i n g s u c h time a s h e is in a n y hospital or m e n t a l hospital, no prison officer shall be held a n s w e r a b l e there for u n l e s s s u c h p r i s o n e r shall h a v e b e e n in the p e r s o n a l c u s t o d y f h officer, a n d no medical officer, other officer or e m p l o y e e of a h o s p i t a l shall b e h e l d a n s w e r a b l e therefor u n l e s s it is s h o w n t h a t h e h a s h e l p e d s u c h p r i s o n e r to e s c a p e or h a s wilfully n e g l e c t e d to take reasonable precautions to prevent his e s c a p e .
G s u c

R e m o v a l of prisoners mind
S U n

5 7 . - ( 1 ) W h e n e v e r a m e d i c a l officer is o f t h e o p i n i o n t h a t a n y p r i s o n e r o t h e r t h a n a r e m a n d p r i s o n e r is of u n s o u n d mind, h e s h a l l prepare and transmit to the Minister a written report and r e c o m m e n d a tion forthe treatment of the prisoner in a mental hospital and the Minister on receipt of s u c h a report a n d r e c o m m e n d a t i o n m a y , by o r d e r u n d e r his h a n d in the form prescribed, direct that s u c h prisoner be r e m o v e d

No. 34

Prisons

1967

21

to any m e n t a l hospital m Tanganyika and be there detained, and s u c h o r d e r s h a l l b e sufficient authority for the reception ofthe p r i s o n e r a n d for his detention in, such mental hospital until removed or discharged as hereinafter provided. (2) W h e n e v e r a m e d i c a l officer is o f t h e opinion t h a t a n y p e r s o n r e m a n d e d in prison is of u n s o u n d mind, he shall m a k e a n d t r a n s m i t to the court t h a t r e m a n d e d him a written r e p o r t of t h a t p e r s o n ' s condition and the court shall thereupon p r o c e e d in accordance with the provisions ofthe Criminal Procedure Code. Cap. 20 (3) W h e r e a n y p r i s o n e r r e m o v e d to a m e n t a l h o s p i t a l u n d e r s u b section (1) is, in the opinion o f t h e p e r s o n in c h a r g e of s u c h m e n t a l hospital, no longer of u n s o u n d mind, the p e r s o n in charge as aforesaid shall notify the officer-in-charge ofthe prison from which the prisoner was removed and the prisoner shall then be delivered into the custody ofthe officer-in-charge of that prison if he is still liable to be confined therein and, if not so liable, shall be r e l e a s e d . (4) The period during which a prisoner other than a remand prisoner h a s b e e n d e t a i n e d i n a m e n t a l h o s p i t a l u n d e r this s e c t i o n s h a l l b e reckoned as part of his term of imprisonment.
Removal of

58. Prisoners who are certified by the m e d i c a l officer to be suffe.rjn g from active l e p r o s y shall, by o r d e r m a d e by the C o m m i s s i o n e r p e transferred to the n e a r e s t prison for p e r s o n s with leprosy. i
/ I ris r w i t h

ted

ers

e p r o s y

59. (1) W h e n e v e r the p r e s e n c e of a n y p e r s o n confined in a is required by a n y court or o t h e r c o m p e t e n t authority, s u c h coujrJrQjfts c o m p e t e n t authority m a y i s s u e a n o r d e r a d d r e s s e d t o the officejqjg.^ c h a r g e requiring production before the court or other c o m p e t e n t authority o f t h e p e r s o n m custody at the time a n d place to, be n a m e d in s u c h order, a n d s u c h officer-in-charge shall c a u s e the p e r s o n to be m o v e d as directed a n d shall provide for the safe custody ofthe p e r s o n during his absence from prison. (2) A person removed from a prison in p u r s u a n c e of an order m a d e u n d e r s u b s e c t i o n (1) shall, whilst outside the prison, be kept in s u c h custody as the officer-in-charge may direct a n d whilst in that custody shall be deemed to, be in lawful custody: P r o v i d e d t h a t nothing in this s e c t i o n s h a l l prohibit the officer-incharge from handing over to police custody prisoners who are required to a t t e n d a n y c o u r t a n d p r i s o n e r s t a k e n into police c u s t o d y for t h a t p u r p o s e s h a l l r e m a i n u n d e r police s u p e r v i s i o n until r e t u r n e d to the prison or discharged by the court.

to the prison for p e r s o n s with leprosy priseStfivalof

as

6 8

60.(1) All p r i s o n e r s prior to b e i n g r e m o v e d to a n y o t h e r prisoMedia shall be examined by the medical officer. examination
be fore

(2) N o p r i s o n e r s h a l l b e s o r e m o v e d u n l e s s the m e d i c a l offi^^|; certifies t h a t he is free from a n y illness r e n d e r i n g h i m unfit for removal.

val

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No. 34

Prisons PART XI
TRAINING AND TREATMENT OF PRISONERS

1967

Training, tre atme nt and employment of prisoners

6 1 . Every prisoner s e n t e n c e d to imprisonment and detained in prison shall, subject to the provisions ofthis Act and subject also to any special
order ofthe court, be employed, trained and t r e a t e d , w h e t h e r he is in or is not within the precincts of a n y prison, in such a m a n n e r as the Com-

m i s s i o n e r m a y d e t e r m i n e , a n d for that p u r p o s e s u c h a p r i s o n e r shall, a t all 'times, perform s u c h labour, t a s k s a n d o t h e r duties a s m a y b e a s s i g n e d to him by the officer-in-charge or a n y o t h e r prison officer in whose charge he may be. 62. E v e r y prison or a n y portion of a prison e s t a b l i s h e d or u s e d for the a d m i s s i o n , detention, training a n d t r e a t m e n t of female p r i s o n e r s shall have a sufficient n u m b e r of w o m e n prison officers, and the Comm i s s i o n e r shall determine w h e t h e r a w o m a n prison officer shall be in charge thereof. 6 3 . W o m e n p r i s o n e r s s h a l l only be e m p l o y e d on l a b o u r which is suitable for women. 64. The medical officer m a y order any prisoner to be e x c u s e d labour or to perform light l a b o u r a n d a n y p r i s o n e r o r d e r e d to perform light l a b o u r s h a l l b e r e q u i r e d t o p e r f o r m t h e l a b o u r for w h i c h h e i s considered fit by the medical officer. 6 5 - ( l ) Subject to the provisions of section 76 every prisoner shall
be supplied with and shall w e a r s u c h prison clothing as m a y b e deter-

Women prison officers at p r i s o n s for female prisoners Employment of women prisoners Medical officer m a y excuse employment Clothing, bedding and dietary scales

mined by the Commissioner. (2) Every prisoner shallbe provided with separate bedding adequate for w a r m t h a n d h e a l t h as m a y be d e t e r m i n e d by the m e d i c a l officer and be prescribed by regulations. (3) A child of a female prisoner admitted to prison shallbe provided with allnecessaries. (4) The dietary scale for prisoners shallbe prescribed. 66. Prisoners may be paid gratuities by the Government in accordance with rates prescribed. 67-(l) S u b j e c t to a n y regulations m a d e u n d e r this Act, convicted criminal prisoners m a y be confined either m a s s o c i a t i o n in wards or individually in cells or partly in o n e w a y a n d partly in the other. (2) Cells a n d w a r d s s h a l l b e illuminated a t n i g h t a n d b e u n d e r the constant supervision of a prison officer. 68-(L) There s h a l l b e provided in every prison, w h e r e practicable a n d n e c e s s a r y , sufficient isolation cells of a p a t t e r n a p p r o v e d by the C o m m i s s i o n e r and such cells shall.be u s e d forthe following p u r p o s e s only: (a) to confine a prisoner s e n t e n c e d to confinement m a separate cell in accordance with the provisions of sections 33 or 34; (b) to confine a prisoner in accordance with the provisions of section
70:

Gratuities to prisoners Confinement of convicted criminal prisoners

Isolation cells

N o . 34

Prison

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23

(c) to s e g r e g a t e a n y p r i s o n e r if d e s i r a b l e in the i n t e r e s t s o f t h e administration ofjustice a n d no ordinary single cell is available for the purpose. (2) Isolation cells shall be furnished with the m e a n s of enabling a prisoner when confined therein to communicate at any time with a prison officer. 6 9 . S u b j e c t t o the r e q u i r e m e n t s o f s e c t i o n 2 8 a n d s e c t i o n 75 1 h e tion C o m m i s s i o n e r m a y order the separation from e a c h other ofthe greftppjsoners of convicted criminal prisoners classified under the Provisions of section
Se ! i d

29.

70. Whenever the officer-in-charge considers it is urgently and abs /tpkfcation tery necessary (with reference to the character of the prisoner or the 9ta #tary o f t h e prison or o t h e r p l a c e in which s u c h P r i s o n e r is or is d e e w n l # to b e u n d e r d e t e n t i o n ) for t h e safe c u s t o d y of a n y p r i s o n e r t h a t n l i e i e c h a n i c a i should be subject to restraint and in addition be confined in an isolfufcri cell he may order such Prisoner to be so confined and shall be restrained in such manner as may be prescribed: provided that no prisoner who is receiving m e d i c a l t r e a t m e n t in any h o s p i t a l s h a l l be confined or r e s t r a i n e d u n d e r the provisions of this section unless the medical officer certifies that such prisoner is fit to be so confined or restrained. 7 1 . P r i s o n e r s u n d e r s e n t e n c e of d e a t h shall b e confined a p a r t r f e h B i s o t h e r p r i s o n e r s in a s p e c i a l cell or w a r d . T h e t r e a t m e n t of F r i s o ^ g f s under sentence of death shall be such as m a y b e prescribedsentence
m e n t

of death

72.-(1) If a p e r s o n is s e n t e n c e d by a n y court to i m p r i s o n m e n t flbarsons a t e r m or t e r m s n o t e x c e e d i n g in total six m o n t h s , or is liable t o e b e n c e d t o committed to prison for non-payment of a fine or costs, he may, before may op ^dbterm the committal or forthwith thereafter declare to the court, or if h e ignnYjoptfor longer in the custody ofthe court, to the officer-in-charge ofthe p r i s % n in which he is, or is to b e , detained, that he desires to, u n d e r t a k e |^|i%f work outside the prison, unless he is excluded from so declaring b ^ f h ^ o ^ g ^ judgment of the court which sentenced him (2) In all c a s e s in which a person is entitled under subsection ( l ) t o d e c l a r e his d e s i r e t o u n d e r t a k e public w o r k o u t s i d e t h e p r i s o n , the court shall inform s u c h p e r s o n of his right to m a k e s u c h declaration: p r o v i d e d t h a t a n y failure o f t h e court to inform s u c h p e r s o n of his right t o m a k e s u c h d e c l a r a t i o n s h a l l n o t i n a n y w a y invalidate t h e p r o c e e d i n g s or a n y o r d e r m a d e by the court. (3) Notwithstanding any declaration m a d e under subsection (1) the court shall in every c a s e issue the appropriate warrant of committal. (4) If a declaration has been made under subsection (1) that a person d e s i r e s to u n d e r t a k e public work outside the prison, the court Or the . o n , as t h e c a s e i i i ;l y b e , s h a l l n o t i f y t h e administrative officer in charge ofthe a r e a of s u c h declaration; a n d if s u c h administrative officer, after taking into c o n s i d e r a t i o n the work which may be available and the character, record or reputation -of such p e r s o n , is satisfied that he c a n usefully be e m p l o y e d on work o u t s i d e the p r i s o n , s u c h p e r s o n s h a l l n o t be i m p r i s o n e d or, if he is
mural ur

24

No. 34

Prison

1967

already imprisoned s h a l l b e r e l e a s e d a n d s h a l l b e employed u n d e r the supervision of such public officer or other p e r s o n as the administrative officer m a y appoint and without remuneration on such public work as m a y b e p r e s c r i b e d a n d a s m a y b e specified b y t h e a d m i n i s t r a t i v e officer: Provided that nothing herein shall make it obligatory for the administrative officer to permit any p e r s o n to work outside a prison.
Mectical certificate on death of persons

73. -(1) On the death of any p e r s o n detained in a prison the officerin-charge shall c a u s e immediate notice of such death to be given to the medical officer. (2) The medical officer, on receipt ofthe notice, shall cause the dead prisoner to be medically examined in a m a n n e r he considers n e c e s s a r y a n d s h a l l i s s u e a certificate stating the c a u s e o f t h e d e a t h a n d s h a l l c a u s e s u c h certificate t o b e d e l i v e r e d t o the n e a r e s t c o r o n e r . (3) The c o r o n e r shall report to the C o m m i s s i o n e r the result o f t h e inquest held. (4) The C o m m i s s i o n e r shall also c a u s e an inquiry to be held as to a n y d e a t h i n a n y prison from O t h e r t h a n n a t u r a l c a u s e s , a n d r e p o r t thereon to the Minister.
PART xn

D E T E N T I O N AND T R E A T M E N T O F U N C O N V I C T E D A N D CIVIL P R I S O N E R S Detention of remand prisoners

74. The officer-in-charge shall detain any person r e m a n d e d to, prison according to the terms ofthe warrant of committal issued by a court or c o m p e t e n t authority and shall c a u s e such person to be delivered to such court or c o m p e t e n t authority at the time n a m e d a n d a c c o r d i n g to the terms of such warrant. 75. Civil and unconvicted prisoners shall as far as conditions permit be kept a p a r t from other c l a s s e s o f p r i s o n e r s . They m a y b e permitted to a s s o c i a t e t o g e t h e r in orderly m a n n e r u n d e r s u c h conditions as the commissioner may direct. 76. -(1) An u n c o n v i c t e d p r i s o n e r m a y be permitted to maintain himself a n d to p u r c h a s e or receive from private s o u r c e s at p r o p e r h o u r s , food, bedding, clothing or other n e c e s s a r i e s , but subject to examination and to such other conditions as the Commissioner m a y direct. (2) No food, bedding, clothing or other n e c e s s a r i e s belonging to an unconvicted Prisoner shall be given, hired, loaned or sold to any other prisoner; a n d any prisoner contravening the provisions ofthis section s h a l l b e liable to lose the privilege of p u r c h a s i n g or receiving food, clothing or other n e c e s s a r i e s from private s o u r c e s for such time as the officer-in-charge may think proper. (3) If a civil or unconvicted. Prisoner is unable to receive clothing, bedding or food supplies, or if such food is in the opinion ofthe officerin-charge unsatisfactory such prisoner shall receive t h e , regular prison diet, clothing and bedding.

Segregation o f civil a n d unconvicted prisoners

Maintenance of unconvict e d prisoners from prSste source

No. 34

Prison

1967

25

(4) No civil or unconvicted Prisoner shall be given or be compelled to w e a r prison clothing u n l e s s (a) the prisoner's d r e s s is insufficient or i m p r o p e r or is in an unsanitary condition; or (b) the prisoner's dress is required as an exhibit; and (c) he is u n a b l e to P r o c u r e o t h e r suitable clothing from a n y o t h e r source. (5) Any debtor m a y in addition to the supply of bedding be i s s u e d with a b e d s t e a d or be permitted to Supply himself with a b e d s t e a d . 7 7 ( 1 ) Civil a n d u n c o n v i c t e d p r i s o n e r s s h a l l b e r e q u i r e d to k e E i p p l o y m e n t their cells, p r e c i n c t s of cells, furniture, clothing a n d utensils cletfniyil a n d other employment m a y be given to them at their own request. unconvicted prisoners (2) A p p e l l a n t p r i s o n e r s s h a l l b e r e q u i r e d t o k e e p t h e i r c e l l s , furniture, clothing and utensils clean and to perform such labour as the c o m m i s s i o n e r , with the a p p r o v a l o f t h e Minister, m a y direct. PART XI11 RELEASE AND DISCHARGE OF PRISONERS 78.(I) T h e o f f i c e r - i n - c h a r g e s h a l l b e r e s p o n s i b l e f o r t h e dBtoharge o f d i s c h a r g e Of all prisoners immediately u p o n their b e c o m i n g entitkpdstaers discharge. (2) N o p r i s o n e r u n d e r t r e a t m e n t b y the m e d i c a l officer s h a l l b e discharged from prison, except at his own request, until, in the opinion o f t h e m e d i c a l officer, s u c h discharge can be effected without d a n g e r to the h e a l t h of s u c h prisoner. (3) All p r i s o n e r s s h a l l b e d i s c h a r g e d before n o o n on the date on which they are entitled to be d i s c h a r g e d , but should that date fall on a Sunday, or public holiday, they s h a l l b e discharged before noon on the day preceding such date. (4) The officer-in-charge of a prison in an a r e a or district in which the public transport services are irregular m a y on the authority o f t h e C o m m i s s i o n e r d i s c h a r g e a n y p r i s o n e r w h o h a s t o t r a v e l b y public t r a n s p o r t o n the d a t e o n which the public t r a n s p o r t l e a v e s the a r e a or district immediately before the day on which the prisoner is entitled to be discharge d79.-(1) W h e r e a p e r s o n w h o is o r d e r e d to be e x p e l l e d , deponteidase or removed from the United Republic u n d e r the provisions ofanybfeoS in force is serving a s e n t e n c e of imprisonment, the Minister m a y difeietfi that such person may be r e l e a s e d from the prison in which he is servirtgnce s u c h s e n t e n c e for the p u r p o s e of b e i n g p l a c e d on b o a r d the vehicle, v e s s e l o r aircraft i n w h i c h h e i s t o b e r e m o v e d from t h e U n i t e d Republic, in which c a s e such s e n t e n c e s h a l l b e d e e m e d to have terminated at the time of s u c h r e l e a s e :
011

26

N o . 34

Prisons

1967

Discharge of prisoners in otherthan that i n

P r o v i d e d t h a t s u c h p e r s o n s h a l l b e k e p t i n c u s t o d y whilst b e i n g conveyed to such vehicle, v e s s e l or aircraft, and whilst so kept shall be d e e m e d to be in lawful custody. (2) In default of such direction by the Minister such p e r s o n shall be e x p e l l e d , d e p o r t e d o r r e m o v e d from the U n i t e d R e p u b l i c after the completion ofthe s e n t e n c e of imprisonment imposed upon him. 80. W h e r e a p r i s o n e r on completion of his s e n t e n c e is d i s c h a r g e d gy prison situated in an a r e a other than that in which he usually r e s i d e s h e s h a l l b e provided a t G o v e r n m e n t e x p e n s e witho m a r i

. . .

which they
reside^
D

(a) a travel wanant to his home;

( ) subsistence allowance forthe period ofthe journey.

P A R I XIV
OFFENCES IN RELATION TO PRISONS AND PRISONERS AND PENALTIES FOR CERTAIN SPEFICIC OFFENCES

Penaltyfor
unauthorized wearing of uniforms, etc.

8 1 . Any p e r s o n w h o .

(a) wears a n y uniform or distinctive b a d g e or button ofthe Service, or anything s o closely r e s e m b l i n g a n y s u c h uniform, b a d g e or button as to be likely to deceive; and (b) is not an officer ofthe Service entitled by r e a s o n of his appointm e n t , r a n k or d e s i g n a t i o n to w e a r s u c h uniform, b a d g e or button; or (c) h a s n o t b e e n g r a n t e d permission by the C o m m i s s i o n e r to w e a r such uniform, badge or button, s h a l l b e guilty of an offence and s h a l l b e liable on conviction to a fine not exceeding five hundred shillings.
8 2 . Any p e r s o n w h o . . . . .

Penaltyfor
aiding escapes

( a ) aids a n y p n s o n e r in e s c a p i n g or a t t e m p t i n g to e s c a p e from any prison; or (b) for the purpose of facilitating the e s c a p e of any prisoner supplies or a g r e e s or a t t e m p t s to supply, or a i d s , incites or e n c o u r a g e s any o t h e r p e r s o n in supplying a p r i s o n e r with a n y m a s k , d r e s s , disguise or a n y o t h e r article, instrument, implement, m a t t e r or thing; or (c) c o n v e y s or c a u s e s to be c o n v e y e d into or out of a n y prison or a n y p l a c e w h e r e p r i s o n e r s m a y c o m e t o work, a n y l e t t e r o r t o k e n e n c o u r a g i n g o r inciting a n y p r i s o n e r t o e s c a p e o r t o contravene any regulation or showing a desire to aid any prisoner to e s c a p e or to c o n t r a v e n e a n y regulation; or (d) harbours or c o n c e a l s or assists in harbouring or concealing an escaped prisoner, s h a l l b e guilty of a felony and s h a l l b e liable on conviction to imprisonment for seven years.
8 3 . Any p e r s o n w h o -

Penaltyfor
loitering in vicinity of a^prison,
e c

(a) is found loitering on a n y prison property or within one hundred y a r d s of a n y prison or a n y o t h e r place w h e r e prisoners m a y b e for the purpose of imprisonment or labour and who fails to: depart therefrom u p o n being w a r n e d so to do by any prison officer; or

No. 34

Prisons

1967

27

(b) without lawful authority holds or a t t e m p t s to hold a n y c o m munication with any prisoner; or (C) wilfully rides, drives or leads any animal or vehicle through any group of prisoners outside a prison; or (d) in a n y m a n n e r wilfully interferes with a n y prisoner or group of prisoners; or (e) without the authority in writing ofthe Commissioner(i) s k e t c h e s or p h o t o g r a p h s a n y prison, portion of a prison, p r i s o n e r or g r o u p of p r i s o n e r s , w h e t h e r within or o u t s i d e any prison; (ii) c a u s e s any sketch or photograph of any prison, portion of a prison, prisoner or group of prisoners to be published in any manner; Or (f) p u b l i s h e s a n y false information c o n c e r n i n g the b e h a v i o u r or experience in prison of any prisoner or ex-prisoner or concerning the administration of any prison, knowing the s a m e to be false, or without taking r e a s o n a b l e s t e p s to verify s u c h information, shall be guilty of an offence a n d shall be liable on conviction to a fine not exceeding two t h o u s a n d shillings or to imprisonment for a term not e x c e e d i n g six m o n t h s o r t o b o t h s u c h f i n e a n d i m p r i s o n m e n t a n d the court convicting any p e r s o n of an offence u n d e r s u b - p a r a g r a p h (i) of paragraph ( e ) m a y , if it thinks fit, declare the sketches or photographs a n d the n e g a t i v e s from w h i c h s u c h p h o t o g r a p h s w e r e t a k e n t o b e forfeited to the Government. 84.-(1) Any p e r s o n who without lawful authority(a) c o n v e y s , supplies or c a u s e s to be supplied or c o n v e y e d to ftjjjfityfbr prisoner, w h e t h e r within or without a prison, or hides or plaffi king for the u s e of any prisoner, any d o c u m e n t letter or intoxicating liquor, tobacco, b h a n g , drug, opiate, money, clothing, provisions or any other article whatsoever; or (b) brings or a t t e m p t s to bring by a n y m e a n s w h a t e v e r into ally prison, or places or attempts to place where prisoners shall labour, a n y letter or d o c u m e n t or intoxicating liquor, t o b a c c o , b h a n g , d r u g , o p i a t e , m o n e y , clothing, provisions or a n y o t h e r article whatsoever; or (c) brings or attempts to bring out of any prison, or conveys from any prison any letter or document or other article; or (d) communicates with any prisoner without lawful authority, shall be guilty of an offence and shall be liable on conviction to a fine not e x c e e d i n g o n e t h o u s a n d shillings or to i m p r i s o n m e n t for a t e r m n o t exceeding six months or to both such fine and imprisonment. (2) Any prison officer or any other p e r s o n employed in the Service who, without lawful authority(a) allows any letter, document, intoxicating liquor, tobacco, b h a n g , drug, opiate, money, clothing, provisions or any other article to, be supplied or c o n v e y e d to a n y p r i s o n e r or to be h i d d e n or p l a c e d for his u s e ; or.
c

28

No. 34

Prisons

1967

(b) allows any letter, document, intoxicating liquor, tobacco, bliang, drug, o p i a t e , m o n e y , clothing, provisions or a n y o t h e r article i n t e n d e d to be sold or u s e d therein to be b r o u g h t or c o n v e y e d into a prison or to be p l a c e d w h e r e prisoners shall labour; or (c) allows any letter, d o c u m e n t or other article to be brought out of a prison; or (d) e n t e r s into or a t t e m p t s to e n t e r into, a n y b u s i n e s s t r a n s a c t i o n with a prisoner; shallbe guilty of an offence and shallbe liable on conviction to a fine not e x c e e d i n g o n e t h o u s a n d shillings or to i m p r i s o n m e n t for a t e r m n o t e x c e e d i n g six months or to both s u c h fine a n d imprisonment.
Prohibited articles

85. -(1) Any person who without lawful authority brings or introduces in a n y m a n n e r a p r o h i b i t e d article into a p r i s o n , o r w h o w i t h o u t lawful a u t h o r i t y t a k e s o u t or r e m o v e s a p r o h i b i t e d article from a prison, s h a l l b e guilty of an offence a n d s h a l l b e liable on conviction to a fine not exceeding one t h o u s a n d shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. (2) F o r the p u r p o s e ofthis section, aProhibited article" s h a l l b e a n y article c o n t a i n e d in the list which shall be a n d r e m a i n fixed in a c o n s p i c u o u s p l a c e o u t s i d e e v e r y p r i s o n a n d s h a l l b e s i g n e d b y the C o m m i s s i o n e r or by the officer-in-charge on his b e h a l f a n d shall list all the articles which the Commissioner h a s decided s h a l l b e prohibited articles. The list shallbe written in English and Swahili.

(3) W h e t h e r or n o t a n y criminal or disciplinary p r o c e e d i n g s a r e c o m m e n c e d a g a i n s t a n y p e r s o n , a n y p r i s o n officer m a y s e i z e a n y article found to be unlawfully in a prison a n d the officer-in-charge m a y order its confiscation, and declare it to be forfeited to the Government.
Unlawful possession of prison articles

86. Any person who is found in p o s s e s s i o n of any article w h a t s o e v e r which h a s b e e n supplied to any prison officer for u s e on duty, and who fails to a c c o u n t satisfactorily for the p o s s e s s i o n thereof, or who without d u e authority p u r c h a s e s or r e c e i v e s a n y s u c h article or p r o p e r t y from a n y prison officer or w h o aids a n d a b e t s a n y prison officer to sell or d i s p o s e of a n y s u c h article or p r o p e r t y , s h a l l be guilty of an offence a n d s h a l l b e liable on conviction to a fine n o t e x c e e d i n g o n e t h o u s a n d shillings o r t o i m p r i s o n m e n t for a t e r m n o t e x c e e d i n g six months or to both such fine and imprisonment. 87. -(1) Any person who by any m e a n s directly or indirectly procures or p e r s u a d e s , or attempts to procure or p e r s u a d e any prison officer to desert, or who aids, abets or is a c c e s s o r y to the desertion of a n y prison officer or w h o , h a v i n g r e a s o n to b e l i e v e t h a t a n y m a n is a d e s e r t e r , h a r b o u r s s u c h d e s e r t e r , or aids him in c o n c e a l i n g himself, or a s s i s t s in his rescue from lawful custody, shallbe guilty of an offence and shall be liable on conviction to a fine n o t e x c e e d i n g two t h o u s a n d shillings or to imprisonment for a term not e x c e e d i n g one y e a r or to both s u c h fine and imprisonment.

Incitement and abetting of desertion, mutiny a n d sedition

No. 34

Prisons

1967

29

(2) Any p e r s o n who directly or indirectly i n s t i g a t e s , c o m m a n d s , c o u n s e l s , or solicits any mutiny, sedition or disobedience to any lawful c o m m a n d of a prison officer to a n y other prison officer or maliciously endeavors to s e d u c e any prison officer from his allegiance or duty shall be guilty of an offence a n d s h a l l b e liable on conviction to a fine n o t e x c e e d i n g four t h o u s a n d shillings or to i m p r i s o n m e n t for a t e r m n o t exceeding two years or to both such fine and imprisonment. (3) Any prison officer who~ (a) takes part in a mutiny involving the use of violence or the threat of violence; or (b) incites any other Prison officer or any m e m b e r ofthe T a n z a n i a People's Defence Forces or the National Service or the Police Force to take part in any such mutiny, w h e t h e r actual or intended, s h a l l be guilty of an offence a n d s h a l l be liable on conviction by a Special Tribunal to suffer d e a t h or to imprisonment for life or for any lesser period. (4) Any prison officer who, in a c a s e not falling within s u b s e c t i o n (3). takes part in a mutiny or incites any s u c h p e r s o n as is referred to in P a r a g r a p h (b) of s u b s e c t i o n (3) to take part in a mutiny, w h e t h e r a c t u a l or intended, shall be guilty of an offence a n d shall be liable on c o n v i c t i o n by a S p e c i a l T r i b u n a l to i m p r i s o n m e n t for life or a n y lesser period. (5) In this section14 mutiny" m e a n s a combination b e t w e e n two or more m e m b e r s ofthe S e r v i c e acting i n d e p e n d e n t l y or in l e a g u e with m e m b e r s o f t h e T a n z a n i a P e o p l e ' s Defence F o r c e s or the National Service or the Police Force or between persons two at least of whom are m e m b e r s ofthe Service or such other Service or Force, to overthrow or resist lawful authority in any such Service or Force or disobey such authority in circumstances as to make the disobedience subversive of discipline. 8 8 . Any prison officer whoDesertion (a) leaves the Service or withdraws himself from duty otherwise than in a c c o r d a n c e with the provisions of any written law governing retirement from Service or withdrawal from duty; or ( b ) is a deserter, shall be guilty of an offence a n d shall be liable on conviction to a fine not exceeding two t h o u s a n d shillings or to imprisonment for a term not e x c e e d i n g twelve months or to both s u c h fine a n d imprisonment. 89. No m o n e y or other consideration shall on a n y pretext w h a t e ^ e ^ ^ be offered, paid, given or proposed by or on behalf of any prisoner, e^Jy^ng o n or d u r i n g his e n t r a n c e into, c o m m i t t a l to or c o n t i n u a n c e i n e t M n d i n g discharge from any prison, to any prison officer or other p e r s o n employ or ed in the Service and any prison officer or other person employed in ration f k t a r considele Service receiving or demanding any such money or other consideraaticai from tion, or u n d e r t a k i n g a n y service m c o n s i d e r a t i o n of receiving o f t n e promise of receiving any s u c h m o n e y or other consideration, s h a l l b e guilty of an offence and shallbe liable on conviction to a fine not exceeding one thousand shillings Or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
f o r or l 1 oner

30
P e n a l t y for

No. 34

Prisons

1967

supping ^if^L ?
1

90.-(1) No prison officer a n d n o p e r s o n acting for or e m p l o y e d by him shall( ) i l supply, o r receive directly o r indirectly a n y benefit o r
a s e or

Pits o i i c i s

Penaltyfor lssumg unauthorized testimonial

Penaltyfor giving unauthorized information

a d v a n t a g e from the s a l e or s u p p l y of, a n y article to or for the use of any prisoner or for the use ofthe Prisons Department;or (b) directly or indirectly have any interest in any contract or a g r e e ment for the sale or supply of any such article. (2) No prison officer shall, directly or indirectly(a) have any pecuniary interest in the purchase of any supplies for the u s e o f t h e P r i s o n s D e p a r t m e n t or receive a n y discount, gift or o t h e r c o n s i d e r a t i o n from a n y c o n t r a c t o r for o r s e l l e r o f s u c h supplies: or (b) have any pecuniary dealing with any prisoner; or (c) on behalf of any prisoner, hold any unauthorized communication with any person. (3) Any p r i s o n officer w h o c o n t r a v e n e s a n y p r o v i s i o n o f this section shall be guilty of an offence and shall be liable on conviction to a fine n o t e x c e e d i n g o n e t h o u s a n d shillings or to i m p r i s o n m e n t for a t e r m n o t e x c e e d i n g six m o n t h s o r to, b o t h s u c h line a n d imprisonment. 9 1 . Any prison officer who, without the permission ofthe C o m m i s sioner, gives any certificate or testimonial to or in respect of any prisoner as regards his conduct in prison or otherwise shall be guilty of an offence j j j i ^ liable on conviction to a fine n o t e x c e e d i n g five h u n d r e d shillings or to imprisonment for a term not e x c e e d i n g three months or to both such fine and imprisonment. ^2. Any prison officer who, without the permission ofthe C o m m i s sioner, gives the p r e s s or any other p e r s o n any information concerning a prison or a prisoner or any information deriving from an official source c o n n e c t e d with or related to the Service shall b e guilty of a n offence a n d shall be liable on conviction to a fine not e x c e e d i n g five h u n d r e d
a n ( s i a e

shillings.
General

penalty

93. -(1) There m a y be a n n e x e d to the b r e a c h of any regulation m a d e under this Act such penalty not exceeding two thousand shillings or such term of imprisonment not exceeding six months or both, as the Minister may think fit. (2) Any p e r s o n who commits a n y offence u n d e r this Act or c o n travenes or fails to comply with the provisions of any regulations m a d e t h e r e u n d e r s h a l l , i f n o p e n a l t y i s s p e c i a l l y p r o v i d e d , b e liable o n c o n v i c t i o n t o a fine n o t e x c e e d i n g o n e t h o u s a n d shillings, o r t o imprisonment for a term not exceeding two months or to both such fine and imprisonment. 9 4 . For the a v o i d a n c e of doubt it is h e r e b y d e c l a r e d that nothing in

prosecute u n d e r other

law not
affected

b e i n g p r o s e c u t e d a n d p u n i s h e d u n d e r a n y o t h e r written law for a n y offence made punishable by this Act: Provided that no p e r s o n shall be tried twice for the s a m e offence.

N o . 34

Prisons

1967

9 5 . W h e n any p e r s o n , in the p r e s e n c e of any prison Officer, con^mjt^., a n y offence specified in this P a r t a n d r e f u s e s on d e m a n d by sj^fiti p r i s o n officer to s t a t e his n a m e - a n d r e s i d e n c e , or gives a n a m e or r e s i d e n c e which s u c h prison officer knows or h a s r e a s o n to believe t o b e f a l s e , s u c h p r i s o n officer m a y a r r e s t him a n d s h a l l w i t h o u t u n d u e d e l a y h a n d h i m o v e r t o a p o l i c e officer a n d t h e r e u p o n such police officer shall p r o c e e d as if the offence h a d b e e n committed in his presence. 96. The officer-in.charge shall cause to be affixed in a conspicuous pJa.ce outside the prison a notice in Swahili and English setting forth the a c t ^ o r
a

penaitie

prohibited u n d e r sections 81.to 86 and' section 90 ofthis Act a n d the penalties incurred by their commission.
PART XV

GENERAL PROVISIONS

97. -(1) The provisions ofthis Act a n d ofthe regulations m a d e t h e P e a v i s i o n s of u n d e r in so far as they relate to the t r e a t m e n t and C o n d u c t of prise^ffie^ shallbe made available to any prisoner at his request. treatmentand
as t0

conductor

(2) The officer-in-charge shall advise every prisoner immediately ^ f P ^ ^ admission to prison ofthe provisions of subsection Q). f,
e e t
r r

t 0

available to
r i s o n e r s

(3) If a n y prisoner requesting information on the said provisions i | unable to r e a d or unable to u n d e r s t a n d the l a n g u a g e in which the said provisions have b e e n m a d e the contents ofthe said provisions s h a l l b e explained to him. 9 8 . W h e n e v e r u n d e r this Act the a g e of a n y p e r s o n is in his detention in any prison, whether he is under or over the age by this Act, shall n o t be d e e m e d to h a v e b e e n unlawful if, d e t e n t i o n o r d e r w a s m a d e , h e a p p e a r e d within the limits prescribed by this Act.

questiSridence prescritofexie w h e n the ofthe age

99. -(1) N o t w i t h s t a n d i n g t h e provisions of a n y o t h e r written la\Mmitation no civil action against the United Republic or any person for anything ^f > d o n e o r o m i t t e d i n p u r s u a n c e o f a n y p r o v i s i o n o f t h i s Act s h a l l be c o m m e n c e d after the expiration of six months immediately s u c c e e d ing the act or omission complained of, or in the case of a prisoner, after the expiration of six m o n t h s immediately s u c c e e d i n g the date of his release from prison, but in no case shall any such action be commenced after t h e e x p i r a t i o n o f o n e y e a r from d a t e o f t h e a c t o r o m i s s i o n complained Of.
c n

(2) Notice in writing of every such action, stating the c a u s e thereof and the details ofthe claim, s h a l l b e given to the defendant one month at least before the c o m m e n c e m e n t of the action.

32

No. 34

Prisons

1967

Appointment 100. -(1) A Regional C o m m i s s i o n e r may, with the approval ofthe of visiting Minister, from time to time, a p p o i n t by notice m the Gazette fit a n d justices proper persons to be visiting justices for his region. (2) Ministers and Judges ofthe High Court shallbe ex-officio visiting justices of all prisons in Tanganyika. (3) Every Regional Commissioner shallbe an ex-officio visiting justice of all prisons in his region. (4) Members ofthe National Assembly s h a l l b e ex-officio visiting justices of all prisons in their respective constituencies. (5) Area Commissioners, Magistrates and Justices ofthe P e a c e shall be ex-officio visiting justices of all prisons within their respective areas of jurisdiction. (6) A visiting justice m a y at a n y time visit a prison in r e s p e c t of which he is a visiting justice: P r o v i d e d that a w o m a n visiting justice shall n o t visit that p a r t of a prison set aside forthe detention ofmale prisoners unless she is escorted at all times by a male prison officer. (7) Visiting justices to any prison may appoint a chairman and may act as a Board of Visiting Justices and may, at the end of e a c h year or at any other convenient time, r e n d e r a report to the Commissioner on the state ofthe prison to which they are visiting justices. (8) On the completion of e a c h visit every visiting justice m a y enter in a b o o k to be k e p t for s u c h p u r p o s e s u c h r e m a r k s , s u g g e s t i o n s or recommendations as he may d e e m appropriate and the officer-in-charge shall advise the Commissioner of all observations so entered.
; d

lot '
s

101. -(1) The Commissioner shall cause to be kept a p e r s o n a l record of every prison officer and every prisoner, and shall cause to be recorded therein the n a m e or n a m e s of the p e r s o n or p e r s o n s to w h o m in the e v e n t o f s u c h p r i s o n officer o r p r i s o n & r d y i n g w i t h o u t h a v i n g m a d e a valid will, any m o n e y or other p e r s o n a l property should be paid or delivered. (2) In the event of any such prison officer dying while in the Service or s u c h prisoner dying while in custody, a report ofthe d e a t h shall be m a d e to the Area C o m m i s s i o n e r o f t h e district in which a n y p e r s o n entitled to any part of s u c h m o n e y or property r e s i d e s , and s u c h Area Commissioner shall cause to, be paid or delivered such money or property to the p e r s o n or p e r s o n s n o m i n a t e d by s u c h prison officer or prisoner under subsection (1): Provided that in any c a s e where the Commissioner considers that the money and other personal property could be handled more conveniently by the Administrator-General he shall deliver the m o n e y a n d property to the Administrator-General, who shall likewise c a u s e such m o n e y or property to be paid or delivered to the person or p e r s o n s nominated by such prison officer or prisoner under subsection (1).

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(3) Any p e r s o n having in his c h a r g e or control a n y p a y , gratuity, allowance or other monies or p e r s o n a l property belonging to a prison officer or prisoner who dies while in the Service or in custody, as the case may b e , shall pay or deliver the same to the Area Commissioner or to the Administrator-General, as the c a s e m a y b e , who shall dispose of the same in accordance with the provisions of subsection (2). (4) In all c a s e s where the monies or other p e r s o n a l property ofthe d e c e a s e d or any part t h e r e o f shall h a v e b e e n paid or delivered to any p e r s o n u n d e r the provisions ofthis section, any creditor ofthe d e c e a s e d shall have the s a m e rights a n d remedies a g a i n s t such p e r s o n as if such person had received the same as the legal personal representative ofthe d e c e a s e d . 1 0 2 . - ( 1 ) The Commissioner m a y offer monetary rewards to personsewards for who give information leading to the a p p r e h e n s i o n of any prisoner wfajsprehension h a s e s c a p e d from custody. escaped
of

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(2) Any p e r s o n , who gives s u c h information or who a p p r e h e n d s , secures and hands over or c a u s e s to be h a n d e d over to any prison officer or police officer any such prisoner, and has incurred any expense in cmnection with the giving of such information or such apprehension, shall be paid s u c h e x p e n s e s a n d m a y , in, addition, be paid s u c h s u m as a reward as the Commissioner may determine. (3) No p a y m e n t of a n y s u m as a r e w a r d shall be m a d e u n d e r the authority ofthis section to any prison officer or police officer, u n l e s s , in the opinion ofthe Commissioner, such exceptional circumstances exist as to justify payment being made. 1 0 3 . - ( 1 ) All fines imposed u n d e r the provisions of the Civil Servicgrison Act or a n y r e g u l a t i o n s m a d e or d e e m e d to h a v e b e e n t h e r e u n d e r for a n y offence a g a i n s t discipline s h a l l b e p a i d T r e a s u r y to be p l a c e d to the credit of a fund to be called "The P r | J M Officers Rewards and Fines Fund". (2) No payment shallbe made from the Prison Officers Rewards and Fines Fund except upon the authority of the Commissioner. (3) The C o m m i s s i o n e r m a y s a n c t i o n p a y m e n t s from the P r i s o n Officers R e w a r d s a n d Fines Fund for a n y ofthe following p u r p o s e s : (a) assistance to the wives or families of d e c e a s e d subordinate prison officers a n d s u b o r d i n a t e p r i s o n officers d i s c h a r g e d from the Service as medically unfit for further service; (b) contributions t o w a r d s prizes to be given at athletic m e e t i n g s , a s s a u l t s - a t - a r m s a n d similar e v e n t s o r g a n i z e d b y o r for t h e benefit ofthe Service; (C) payments to subordinate prison officers as rewards for meritorious acts or service in the execution of duty-, (d) e x p e n d i t u r e for the benefit a n d a d v a n c e m e n t of a u t h o r i z e d r e c r e a t i o n a n d s p o r t a n d o t h e r b r a n c h e s o f activity o r g a n i z e d within the Service; (e) expenditure for the benefit a n d d e v e l o p m e n t ofthe Service as a whole.
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Powers of to'm^ke regulations

No. 34

Prisons

1967

104.-(1) The Minister m a y make regulations forthe better carrying into effect t h e p r o v i s i o n s a n d p u r p o s e s o f t h i s Act a n d , w i t h o u t prejudice to the g e n e r a l i t y o f t h e foregoing, m a y m a k e regulations p r o v i d i n g for(a) the duties, powers and responsibilities of prison officers including the duties, p o w e r s a n d responsibilities of particular c l a s s e s of such officers; (b) the d u t i e s , p o w e r s a n d responsibilities o f t e m p o r a r y prison officers; (c) the rates of remuneration or allowances which m a y b e payable t o m i n i s t e r s o f religion a p p o i n t e d u n d e r t h e p r o v i s i o n s o f section 45; (d) the duties of medical officers, the records a n d books to be kept b y m e d i c a l officers, t h e m e d i c a l i n s p e c t i o n o f p r i s o n s a n d prisoners, the prevention of contagious d i s e a s e s in prisons, a n d the preservation ofthe health ofprisoners; ( e ) t h e duties a n d p o w e r s of visiting j u s t i c e s , the a p p o i n t m e n t of prison visitors a n d the regulation of visits to, prisoners; (f) the m e a s u r i n g , photographing and taking of fingerprint impressions or o t h e r r e c o r d s o f p r i s o n e r s confined, in a n y prison or o t h e r w i s e d e t a i n e d i n c u s t o d y including d e t a i l e d p e r s o n a l s t a t i s t i c s a n d h i s t o r i e s a n d for r e q u i r i n g full a n d t r u t h f u l a n s w e r s t o all q u e s t i o n s p u t t o s u c h p e r s o n s with the o b j e c t ofobtaining such statistics and histories; and the p e r s o n s , if any to whom such m e a s u r e m e n t s , photographs, fingerprint impessions or other records are to be sent or supplied; (g) the execution of condemned prisoners; (h) the disposal of products of prison labour; (i) the disposal by sale or otherwise ofthe effects of any prisoner who has died, p e d or failed to claim or receive such effects, or the private effects of any prison officer who h a s died or d e s e r t e d the Service; 0) the searching ofprisoners and prison officers and other p e r s o n s ; (k) the classification of prisons a n d prisoners into c a t e g o r i e s a n d their separation accordingly; Q) the custody, correction, clothing, documentation, discharge, employment, hours of labour, u s e of force, instruction ( a c a d e m i c , technical, spiritual), m a i n t e n a n c e , mechanical restraint, m a n a g e ment, organization, privileges, solitary confinement and treatment ofprisoners;

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1967

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(m) the management, organization, housing, maintenance, employment, treatment and discharge of persons r e l e a s e d to extra-mural p e n a l employment under the provisions of section 72; (n) the days a n d hours during which work or labour by prisoners m a y b e suspended; (o) the acts or omissions ofprisoners which s h a l l b e d e e m e d to be prison offences and the penalties which m a y be a w a r d e d ; (p) the provision of a suitable diet and dietary scales including punishm e n t diets for prisoners and prescribing conditions u n d e r which diet and scales m a y be varied; the prohibition of drugs, t o b a c c o and alcoholic drinks; (q) t h e p a y m e n t t o p r i s o n e r s for w o r k d o n e whilst i n p r i s o n ; (r) the r e m o v a l to a n d detention, in a m e n t a l hospital ofprisoners suspected to be of unsound mind; (s) the treatment of prisoners under sentence of death; (t) the disposal of bodies ofprisoners who have died; (u) the establishment of prisoners aid societies and associations in c o n n e c t i o n with d i s c h a r g e d p r i s o n e r s a n d the a p p o i n t m e n t of officers responsible forthe after-care ofprisoners; (v) the subsidising and e n c o u r a g e m e n t Of institutions, societies and individuals approved by the Minister as furthering the objects of this Act; (w) the p a y m e n t of ex-gratia p a y m e n t s to prisoners w h o s e earning capacity is affected a, the result of an accident or injury received in prison; (x) the accommodation ofprisoners, including cell and ward equipment and barbering; (y) the award of gratuities to prisoners, the appointment, privileges and duties of convict leaders; (z) the application and infliction of corporal punishment; (aa) the manner in which regulations shallbe applied; (bb) the control of uniform, a c c o u t r e m e n t , arms a n d other security measures; (cc) the granting of leave of a b s e n c e to prisoners and matters relating to welfare ofprisoners;

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No. 34

Prisons

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(dd) anything which by this Act may or is to be prescribed generally forthe effective administration ofthis Act, forthe good m a n a g e m e n t , discipline a n d g o v e r n m e n t o f p r i s o n s a n d the p r i s o n e r s therein whether in, about or beyond the limits of such prisons. (2) Notwithstanding anything to the contrary in this section contained, the Minister may make different regulations in respect of different classes or groups of prisons, prisoners or prison officers or in r e s p e c t of particular prisons.
Repeal Saving

105. The Prisons Ordinance is hereby repealed. 1 06. -(1) Allprisons established under the Ordinance shallbe deemed to be prisons e s t a b l i s h e d u n d e r this Act. (2) All prison officers appointed under the Ordinance shallbe deemed t o h a v e b e e n a p p o i n t e d u n d e r this Act a n d s h a l l b e s u b j e c t t o the provisions ofthis Act, in so far as such provisions m a y apply to them.

P a s s e d in the National Assembly on the twentieth day of July, 1967. --l^<||>*sekwa Clerk to the National Assembly

Printed b y the G o v e r n m e n t Printer, D a r e s S a l a a m .