1986 Ed.]
Prison Rules
[CAP. 234
A 55
[Subsidiary]
(2) [Revoked, L.N. 154/77]
(3) RULES OF PROCEDURE AND DISCIPLINARY AWARDS
243. (1) A charge against any Chief Officer or subordinate officer or other person employed in the prisons in respect of any disciplinary offence enumerated in rule 239 shall be entered on a charge sheet as soon as practicable after consideration by an officer, not being below the rank of Chief Officer, of the report upon which the charge is based.
(2) The disciplinary offence alleged shall be specifically stated in the charge sheet which shall also contain such particulars as shall leave such officer or person under no misapprehension as to the charge against him.
(3) (a) The charge sheet together with a list of witnesses whom it is proposed to call and any written statements which it is proposed to adduce in support of the charge shall be handed to such officer or person at the earliest possible moment.
(b) The written statements (if any) shall be signed by the officer or person making them, and the officer or person charged shall, after perusal, also sign them to indicate that he has seen them, and return them as soon as is practicable.
(c) The officer or person charged shall be allowed a reasonable opportunity to make copies of all documents for the purposes of his defence, and shall, if he so requests, be given copies of them.
244. The officer or person charged shall, as soon as possible, and in any case not later than 24 hours after the receipt by him of the charge sheet, state in writing upon the charge sheet his reply to the charge and shall give the names of any witness he desires to call and shall return the charge sheet to the Chief Officer who shall forthwith transmit the charge sheet, together with the lists of witnesses and the written statements (if any), to the Superintendent.
245. (1) Where on consideration of the report upon which the charge is based and the written statements (if any) the Superintendent considers that the charge is within his competence and that, if it is admitted or found proved, his powers of punishment will be sufficient, then subject to the provisions of paragraph (2)—
(a) if the officer or person charged admits the charge, the Superintendent shall, after hearing him and any witness he may wish to call in extenuation or explanation and any other witnesses whom the Superintendent may consider desirable to call, either caution such officer or person or make a disciplinary award within his powers;
Procedure as to charges. G.N.A. 68/61. L.N. 44/66. L.N. 65/69. L.N. 154/77.
L.N. 65/69.
Duty to make reply. G.N.A. 68/61.
Power of Superintendent to hear charges. G.N.A. 68/61.
Page 55
Page 56
1986 Ed.]
Prison Rules
[CAP. 234
A 55
[Subsidiary]
+
(2) [Revoked, L.N. 154[77]
(3) RULES OF PROCEDURE AND DISCIPLINARY AWARDS
243. (1) A charge against any Chief Officer or subordinate officer or other person employed in the prisons in respect of any disciplinary offence enumerated in rule 239 shall be entered on a charge sheet as soon as practicable after consideration by an officer, not being below the rank of Chief Officer, of the report upon which the charge is based.
(2) The disciplinary offence alleged shall be specifically stated in the charge sheet which shall also contain such particulars as shall leave such officer or person under no misapprehension as to the charge against him.
(3) (a) The charge sheet together with a list of witnesses whom it is proposed to call and any written statements which it is proposed to adduce in support of the charge shall be handed to such officer or person at the earliest possible moment.
(b) The written statements (if any) shall be signed by the officer or person making them, and the officer or person charged shall, after perusal, also sign them to indicate that he has seen them, and return them as soon as is practicable.
(c) The officer or person charged shall be allowed a reasonable opportunity to make copies of all documents for the pur- poses of his defence, and shall, if he so requests, be given copies of them.
244. The officer or person charged shall, as soon as possible, and in any case not later than 24 hours after the receipt by him of the charge sheet, state in writing upon the charge sheet his reply to the charge and shall give the names of any witness he desires to call and shall return the charge sheet to the Chief Officer who shall forthwith transmit the charge sheet, together with the lists of witnesses and the written statements (if any), to the Superintendent.
245. (1) Where on consideration of the report upon which the charge is based and the written statements (if any) the Superintend- ent considers that the charge is within his competence and that, if it is admitted or found proved, his powers of punishment will be sufficient, then subject to the provisions of paragraph (2)—
(a) if the officer or person charged admits the charge, the Superintendent shall, after hearing him and any witness he may wish to call in extenuation or explanation and any other witnesses whom the Superintendent may consider desirable to call, either caution such officer or person or make a disciplinary award within his powers;
Procedure as
to charges. G.N.A. 68/61. L.N. 44/66. L.N. 65/69.
L.N. 154/77.
L.N. 65/69.
Duty to make reply.
G.N.A. 68/61.
Power of
Superintendent to hear charges.
G.N.A. 68/61.
Page 55Page 56
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