Ordinance No. 6 of 1906.

Control of prisoners.

Custody and

conveyance

of prisoner.

Rules as to

separation

of prisoners.

28 & 29 Vict.

c. 126, s. 17.

Separate confinement and punish- ment cella to be

approved by Governor.

28 & 29 Vict.

c. 126, 8, 18,

performed in a prison, may order that the prisoner be taken to the Government Civil Ilospital or other suitable place for the purpose of treatment or the operation, and while absent from the prison in pursuance of such order the prisoner shall be deemed to be in legal custody.

(4) When the attendance of any prisoner at any place is required for the purposes of any enactment, the Super- intendent of Prisons shall arrange for his transfer in custody to and from such place, and during any such transfer the prisoner shall be deemed to be in legal custody.

(5) Prisoners of unsound mind shall be dealt with in the manner prescribed by the Asylums Ordinance, 1906.

5. Prisoners shall be under the control of superintendents and assistant superintendents of prisons assisted by the prison officers.

6-(1) A person shall be deemed to be a prisoner and in legal custody whenever he is being taken to or from, or is confined in, any prison in which he may be lawfully confined, whether under criminal or civil process, or whenever he is working outside or is otherwise outside any such prison in the custody or under the control of a prison officer.

(2) Any constable or other officer acting under the order of any judge or niagistrate or other officer having power to commit a prisoner to prison may convey a prisoner to or from any prison to or from which he may be legally committed or removed.

7. The following rules shall be observed with respect to the separation of prisoners :-

(1) in every prison separate cells shall, as far as possible, be provided equal in number to the average of the greatest number of prisoners who have been confined in such prison at any time during each of the preceding live years;

(2) in every prison punishment cells shall be provided or appropriated for the confinement of prisoners for prison offences:

(3) in a prison containing female as well as male prisoners, the women shall be imprisoned in separate buildings or separate parts of the same buildings, in such manner as to prevent their seeing, conversing or holding any intercourse with the male prisoners;

(4) in a prison where debtors are confined, means shall be provided for separating them as far as possible from the criminal prisoners;

(E) in a prison where prisoners under the age of sixteen years are confined, they shall be kept separate from prisoners of or above that age.

8.-1) No cell shall he used for the separate confine- ment of a prisoner unless it has been approved in writing by the Governor for the purpose, and the Governor shall not give his approval in respect of any cell unless he is satisfied that it is of such a size, and is lighted, ventilated and fitted up in such a manner as may be requisite for health, and furnished with the means of enabling the prisoner to com- municate at any time with an officer of the prison.

(2) Every approved cell shall be distinguished by a number or mark placed in a conspicuous position.

(3) No cell approved by the Governor shall be altered without his consent.

labour.

9.-(1) Hard labour, for the purposes of sentences of Regulation imprisonment with hard labour, shall be of such classes, of hard character and description as may be appointed by rules made by the Governor in Council.

(2) Every prisoner in any prison may, in the discretion of the Superintendent of Prisons, be employed under the control of prison officers on such work outside the prison as the Governor may approve

Provided that no person shall

be so employed without his consent unless he has been sentenced to hard labour.

10. (1) In every prison prisoners convicted of mis- Misdemean- demeanor, and not sentenced to hard labour, shail be divided ants of the

first and into at least two divisions, one of which shall be called the second first division.

divisions. 28 & 29 Vict,

(2) Whenever any person convicted of misdemeanor is c. 126, s. 67. sentenced to imprisonment without hard labour, the court or judge before whom such person has been tried may order that such person shall be treated as a misdemeanant of the first division, and a misdemeanant of the first division shall not be deemed to be a criminal prisoner within the meaning of this Ordinance.

(3) Every person imprisoned under any rule, order or attachment for contempt of court shall be treated as a mis- demeanant of the first division.

Escaping, or attempting

11. Every person who:- (1) escapes or attempts to escape from any prison or raiding to

from legal custody; or

escape, from prison or legal

(2) aids any prisoner in escaping or attempting to escape custody. from any prison or from legal custody; or,

(3) with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress or other disguise, or any letter, or any other article or thing,

shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding two years.

28 & 29 Vict. c. 126, s. 37.

articles into

12.-1) No intoxicating liquor, opium or other drug, Introduction tobacco, money, clothing, provisions, letters, papers, books of prohibited or any other article whatsoever shall be brought, thrown or prisons. in any manner introduced or conveyed into any prison, or conveyed to any prisoner while in custody outside the prison, or carried out of the prison, unless such use be authorized by the prison rules or by the Superintendent of Prisons.

(2) Every person who contravenes or attempts to contravene any of the provisions of this section, and every officer of a prison who knowingly permits any contravention of this section, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.

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