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SPECIAL RULES
for Prisoners awaiting Trial, those Remanded from the Police Court, and those Committed for the First Time in default of finding Security.
141. Such prisoners shall be kept apart from convicted prisoners and not allowed to see them at any time.
142. Such prisoners shall not be required to take a bath on reception, if, on the application of the prisoner, the Superintendent shall decide that it is unnecessary, or the Surgeon shall state that it is for medical reasons unadvisable.
143. In order to prevent such prisoners from being contaminated by each other, or endeavouring to defeat the ends of Justice, they shall be kept separate, so far as the prison accommodation will allow, and shall not be permitted to communicate together.
144. The Visiting Justices or Superintendent before granting any permission which by the following rules they are authorised or required to grant, shall satisfy themselves that it can be granted without interfering with the security, good order, and government of the prison and prisoners therein; and if, after it has been granted, its continuance seems likely to cause any such interference, or if the prisoner has abused such permission, or has been guilty of any misconduct, the Visiting Justices shall have power to suspend or withdraw such permission, and in like circumstances the Superintendent may withdraw or suspend the same when it has been granted by himself, or suspend it when it has been granted by the Visiting Justices if the case is urgent, provided he report the case as soon as possible.
145. The Visiting Justices or the Superintendent shall, on the application of any such prisoner, if, having regard to his ordinary habits and condition of life they think such special provision should be made in respect to him, permit any such prisoner...
1. To occupy a suitable room or cell specially fitted for such prisoners, and furnished with suitable bedding and other articles, in addition to, or different from those furnished for ordinary cells.
2. To exercise separately, or with selected untried prisoners, if the arrangements and the construction of the Prison permit it.
3. To have, at his own cost, the use of private furniture and utensils suitable to his ordinary habits, to be approved by the Superintendent.
4. To be relieved from performing any menial unaccustomed work.
146. The Superintendent may modify the routine of the Prison in regard to any such prisoner, so far as to dispense with any practice which, in the Superintendent's opinion, is clearly unnecessary in the case of that particular prisoner.
147. Any such prisoner who prefers to provide his own food for any meal shall give notice thereof beforehand at the time required for the purpose of communicating with his friends or preparing his defence. Any confidential written communication, prepared as instructions for the Solicitor, may be delivered personally to the Solicitor's Clerk, without being previously examined by any officer of the Prison; but the Superintendent shall not permit any such prisoner to receive any prison allowance of food for the meal for which he procures food at his own expense. Such prisoners shall also be allowed to wear their own clothing, provided it is sufficient and fit for use. All other written communications are to be considered as letters, and are not to be sent out of the Prison without being previously inspected by the Superintendent.
148. Articles of food shall be received at hours to be fixed from time to time. They shall be inspected by the officer of the Gaol, and shall be subject to such restrictions as may be necessary to prevent luxury or waste.
149. No such prisoner shall, during twenty-four hours, receive or purchase more than one pint of malt liquor, or cider, or more than half a pint of wine.
150. No such prisoner shall be allowed to sell or transfer any article whatsoever allowed to be introduced for his use to any other prisoner.
151. Such prisoner shall not be compelled either to have his hair cut, or, if he usually wears his beard, &c., to shave, except on account of vermin or dirt, or when the Surgeon deems it necessary on the ground of health and cleanliness, and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness.
159. No such prisoner shall be compelled to attend any religious service other than his own; subject to these provisions he shall attend Divine Service on Sundays, and on other days when such service is performed, unless prevented by illness, or excused by the Superintendent for any other reasons.
160. Such prisoners shall also be subject to the general rules, except so far as the same are inconsistent with the special rules relating to such prisoners.
SPECIAL RULES FOR FIRST CLASS MISDEMEANANTS.
161. No person shall be placed in this division except as provided by Statute, or by order of the Judge of Court before whom he is tried.
162. Such prisoner shall not be placed in association, or at exercise, with criminal prisoners.
163. Such prisoner shall not be required to take a bath on reception, if, on the application of the prisoner, the Superintendent shall decide that it is unnecessary, or if the Surgeon state that it is for medical reasons unadvisable.
164. Every such prisoner shall be searched only by an Officer specially appointed for the purpose.
165. Such prisoner shall be placed, as soon as possible after reception, in a cell appropriated to prisoners of his class, unless there is reason to believe that he is suffering from some infectious disease, in which case he shall be detained in a reception-cell till he can be seen by the Surgeon.
166. Such prisoner shall at all times, except when at Chapel or exercise, occupy the room or cell assigned to him.
167. The Visiting Justices or Superintendent, before granting any permission which by the following rules they are authorised or required to grant, shall satisfy themselves that it can be granted without interfering with the security, good order, and government of the Prison and prisoners therein; and if, after it has been granted, its continuance seems likely to cause any such interference, or if the prisoner has abused such permission, or has been guilty of any misconduct, the Visiting Justices shall have power to suspend or withdraw such permission, and in like circumstances the Superintendent may withdraw or suspend the same when it has been granted by himself, or suspend it when it has been granted by the Visiting Justices if the case is urgent, provided he report the case as soon as possible.
168. The Visiting Justices or the Superintendent shall, on the application of any such prisoner, if, having regard to his ordinary habits and condition of life, they think such special provision should be made in respect to him, permit any such prisoner--
1. To occupy a suitable room or cell specially fitted for such prisoners, and furnished with suitable bedding and other articles, in addition to, or different from those furnished for ordinary cells.
2. To have, at his own cost, the use of private furniture and utensils suitable to his ordinary habits, to be approved by the Superintendent.
3. To have, on payment of a small sum, to be fixed by the Visiting Justices, the assistance of some person to be appointed by the Superintendent, to relieve him in the performance of any unaccustomed tasks or offices.
169. Such prisoner shall be permitted to supply his own food, on giving due notice beforehand at the time required; but the Superintendent shall not permit such prisoner to receive any prison allowance of food at any meal for which he receives or procures food at his own expense.
170. Articles of food shall be received only at such hours as may be fixed from time to time. They shall be inspected by the officers of the Prison, and shall be subject to such restrictions as may be necessary to prevent luxury and waste.
171. Any such prisoner shall not during twenty-four hours receive more than one pint of malt liquor or cider, or if an adult half a pint of wine.
172. Such prisoner shall be permitted to wear his own clothing, provided that it is sufficient, and is fit for use.
173. No such prisoner shall be allowed to sell or transfer any article whatsoever, allowed to be introduced for his use, to any other prisoner.
174. Such prisoner shall not be compelled, either to have his hair cut, or, if he usually wears his beard, &c., to shave, except on account of vermin or dirt, or when the Medical Officer deems it necessary on the ground of health and cleanliness, and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness.
175. The beds of such prisoners shall be made, and the rooms and yards in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Should any such prisoner object to perform any of these duties, they may be performed for him as provided in Rule 164.
176. Such prisoner shall be permitted to have supplied to him at his own expense such books, newspapers, or other means of occupation, other than those furnished by the Prison, as are not, in the opinion of the Superintendent, of an objectionable kind.
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