Prisons Act 1933

• Jurisdiction: Singapore
• Coming into Force: 30 December 2000
• Act Number: (Original Enactment: Ordinance 17 of 1933)
• Enactment Date: 18 August 1933
• Record Number: Cap. 247
• Published date: 30 December 2000

Prisons Act

(CHAPTER 247)

(Original Enactment: Ordinance 17 of 1933)

REVISED EDITION 2000

(30th December 2000)

An Act relating to prisons.

[18th August 1933]

PART I PRELIMINARY Short title 1. This Act may be cited as the Prisons Act. Interpretation 2. In this Act, unless the context otherwise requires — “basic condition”, in relation to a remission order, means the basic condition specified in section 50S; [Act 1 of 2014 wef 01/07/2014] “Cluster Commander” means a Cluster Commander of Prisons appointed under section 20; [Act 1 of 2014 wef 01/07/2014] “Commissioner” means the Commissioner of Prisons appointed under section 20; [Act 1 of 2014 wef 01/07/2014] “Corporation” means the Singapore Corporation of Rehabilitative Enterprises established under the Singapore Corporation of Rehabilitative Enterprises Act (Cap. 298); [Deleted by Act 1 of 2014 wef 01/07/2014] [Deleted by Act 1 of 2014 wef 01/07/2014] “default sentence” means a sentence of a term of imprisonment imposed on a person in default of the person paying a fine ordered to be paid by a court; [Act 1 of 2014 wef 01/07/2014] “Deputy Commissioner” means the Deputy Commissioner of Prisons appointed under section 20; [Act 1 of 2014 wef 01/07/2014] “Divisional Director” means a Divisional Director of Prisons appointed under section 20; [Act 1 of 2014 wef 01/07/2014] “external placement order” means an order made under section 59B in respect of a prisoner authorising the serving by the prisoner of his sentence in such place or places, outside the limits of any prison, as may be specified in the order; [Act 1 of 2014 wef 01/07/2014] “juvenile” means any person under the age of 16 years, whether convicted or not, under detention in any prison; “lock-up prisoner” means any person, whether convicted or not, who is confined in a lock-up, or who is transported to, or from, a lock-up; [15/2010 wef 02/01/2011] “medical officer” means a medical officer appointed under section 25; [33/2004 wef 04/10/2004] “prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison or reformative training centre under section 3, and includes the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners; “prison officer” means any prison officer appointed under section 20 and includes the Commissioner, Deputy Commissioner and any Superintendent; [33/2004 wef 04/10/2004] [Act 1 of 2014 wef 01/07/2014] “prisoner” means any person, whether convicted or not, under detention in any prison or reformative training centre or subject to an external placement order or a home detention order, but does not include a person released and at large under a remission order; [Act 1 of 2014 wef 01/07/2014] “registered medical practitioner” means a person registered under the Medical Registration Act (Cap. 174); [33/2004 wef 04/10/2004] “remission order” means a remission order made under any provision in Part VB; [Act 1 of 2014 wef 01/07/2014] “Superintendent” means a Superintendent of Prisons appointed under section 20; “unlawfully at large”, in relation to a person released under a remission order, means a person who fails to submit himself to custody or detention after being required to do so under any written law, or who escapes from such custody or detention; [Act 1 of 2014 wef 01/07/2014] “Visiting Justice” means a member of the Board of Visiting Justices appointed under section 79. [8/2000]

PART II CONSTITUTION AND ADMINISTRATION Power to declare prisons 3. The Minister may, by notification in the Gazette — (a) declare any house, building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act for the imprisonment or detention of persons lawfully in custody; (b) define which prisons shall be used for the custody of particular classes of prisoners; (c) declare that any prison shall cease to be a prison; and on the publication in the Gazette of such declaration, or from and after any later date specified therein, that prison shall cease to be a prison; and (d) declare any prison, house, building, enclosure or place, or any part thereof, to be a reformative training centre for the detention of persons sentenced to reformative training. Appointment of lock-ups at police stations and court houses as places of detention 4.—(1) The Minister may, by notification in the Gazette, appoint the lock-ups at such police stations and court houses to be places for the confinement of persons awaiting trial, remanded, or sentenced to such terms of imprisonment, not exceeding one month, as may be specified in each case. (2) A lock-up appointed as a place of confinement under subsection (1) shall not be deemed to be a prison for the purposes of this Act or of the Registration of Criminals Act (Cap. 268) and regulations made under section 84 shall not apply thereto, but every such lock-up shall be deemed to be a prison for the purposes of sections 313 to 332 of the Criminal Procedure Code 2010. [15/2010 wef 02/01/2011] (3) The Minister may make regulations with regard to lock-ups appointed under subsection (1) to provide for all or any of the following matters: (a) the inspection and management of such lock-ups and the officers to be in charge thereof; (b) the employment of persons confined therein; (c) the diets to be supplied to such persons; (d) the maintenance of discipline. Temporary prisons 5.—(1) Whenever it appears to the Commissioner — (a) that the number of prisoners in any prison is greater than can be conveniently kept therein, and that it is not convenient to transfer the excess number to some other prison; or (b) that, by reason of the outbreak within any prison of disease or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners, such provision shall be made as the Commissioner may, with the approval of the Minister, direct for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison. [Act 1 of 2014 wef 01/07/2014] (2) Every such temporary prison shall be a prison for the purposes of this Act. General administration of prisons by Commissioner 6.—(1) Subject to the orders of the Minister, the general charge and administration of prisons and the control and direction of prison officers throughout Singapore shall be vested in the Commissioner. [Act 1 of 2014 wef 01/07/2014] (2) The Commissioner may from time to time make such transfers, and direct the employment and distribution, of prison officers as he may think fit. [Act 1 of 2014 wef 01/07/2014] Administration of prison by Superintendent 7.—(1) Subject to the orders of the Commissioner, the administration of each prison shall be vested in a Superintendent. [8/2000] [Act 1 of 2014 wef 01/07/2014] (2) If the Superintendent of a prison is temporarily absent or temporarily incapacitated, the powers and duties of the Superintendent under the Act or any regulations made thereunder may, during the period of absence or incapacity, be exercised and performed by any prison officer appointed by the Commissioner. [8/2000] [Act 1 of 2014 wef 01/07/2014]

PART III COMMITTEE OF INQUIRY Committee of inquiry 8.—(1) Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by this Part, should be informed on any matter connected with the discipline, administration or functions of any prison or affecting any prisoner, the Minister or the person appointed by the Minister may convene a committee of inquiry. [8/2000] (2) A committee of inquiry shall inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter. [8/2000] (3) In this Part, “Minister” includes the person appointed by the Minister under subsection (1) to act on his behalf for the purposes of this Part. [7A [8/2000] Composition of committee of inquiry 9.—(1) A committee of inquiry shall consist of one or more persons who shall be appointed by the Minister. [8/2000] (2) Where a committee of inquiry consists of more than one person, the Minister shall appoint one of the members to be the chairman. [8/2000] (3) Where a committee of inquiry consists of one member only, he shall be vested with the powers of a chairman. [8/2000] (4) Every member of a committee of inquiry appointed under this section shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224). [7B [8/2000] Powers of committee of inquiry 10. A committee of inquiry may — (a) summon any person to give evidence on oath or on affirmation, or to produce any document or material, necessary for the purpose of the inquiry; and (b) visit any place in order to inquire into any matter which may arise in the course of the inquiry. [7C [8/2000] Disobedience to summons an offence 11.—(1) A person who is summoned to give evidence before a committee of inquiry shall not, without lawful excuse, fail to appear in obedience to the summons. [8/2000] (2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry shall not, without lawful excuse, fail to produce the document or material. [8/2000] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [7D [8/2000] Refusal to give evidence an offence 12.—(1) A person who appears before a committee of inquiry shall not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which he is lawfully required to produce or answer. [8/2000] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to ...