PRISONS [ S.L.260.03 1
SUBSIDIARY LEGISLATION 260.03
PRISONS REGULATIONS
1st October, 1995
LEGAL NOTICE 118 of 1995, as amended by Legal Notices 127 of 1997,
14 and 225 of 2000, and 58 of 2001.
PART I
Preliminary
Title.
Application of 
these regulations 
and interpretation.
Cap. 260.
2. (1) These regulations shall apply to the institution hitherto
known as the Corradino Prison and, so far as practicable, to any
other place, building or part of a building declared to be a prison
under the Prisons Act, and in these regulations the word "prison"
shall be construed accordingly:
Provided that where a police lock-up has been declared to
be a prison, these regulations shall not apply to any person as is
referred to in article 4(2)( e ) of that Act who is confined in that
lock-up.
(2) In these regulations, unless the context otherwise requires -
Cap. 260.
"Board" means the Board of Visitors of the Prisons referred to in
article 8 of the Act;
Cap. 9.
"cellular confinement" includes solitary confinement as provided
in article 9(4) of the Criminal Code;
"Director" means the Director of Prisons and includes, to the
extent of the authority given, any other public officer authorised in
that behalf by such Director with the Minister’s approval for that
period of time as the Minister decides;
"Minister" means the Minister responsible for the prisons and
includes, to the extent of the authority given, any person authorised
in that behalf for any purpose of these regulations;
"near relative" means -
( a ) the spouse, or any ascendant, descendant, brother or
sister of the prisoner,
( b ) any ascendant, descendant, brother or sister of the
prisoner’s spouse,
( c ) the spouse of an ascendant, descendant, brother or
sister of the prisoner, or
( d ) with the approval of the Minister, any other person
with whom the prisoner has had an established
relationship prior to his current admission in the prison
comparable in significance to those in paragraph ( a );
"unconvicted prisoner" includes a convicted prisoner where the
2 [ S.L.260.03 PRISONS
execution of the sentence has been stayed according to law pending
an appeal, as well as any person detained in prison for the purpose
of, or pending, his surrender to a foreign state under any law for the
time being in force governing extradition;
"Tribunal" means the Appeals Tribunal referred to in regulation
79.
Basic principles 
and treatment 
objectives.
3. (1) In the application of these regulations the following
basic principles and treatment objectives shall at all times be
observed:
( a ) The aim of these regulations is to instill in prisoners a
sense of discipline and responsibility and, so far as
possible, to enable them to reform their character
while undergoing their punishment according to law
with the dignity and respect due to the human person,
to educate them about the impact of crime on their
victims, families and communities, and to improve
their prospect of successful resettlement in society
after release; and
( b ) The deprivation of liberty, by the keeping of a person
in prison, is a punishment in itself and the conditions
of that deprivation of liberty and the prison’s regime
shall not be aggravated except as required for
justifiable segregation or the maintenance of security,
good order and discipline.
(2) The rules contained in these regulations shall be applied
impartially without discrimination on grounds of race, colour, sex,
language, religion, political or other opinion, national or social
birth, economical or other status.
PART II
Prisoners
General
Admission and 
release of prisoner.
Amended by:
L.N. 127 of 1997.
4. (1) No person shall be confined in a prison without a valid
committal document duly signed by an authorised officer of the
court or other competent authority giving the sentence or order for
such person to be so confined, or, in the case of person arrested for
an offence, by a police officer not below the rank of Inspector.
(2) The committal document shall be in the form set out in the
First Schedule and shall state the particulars required therein.
(3) All committal documents shall be preserved by the
Director with the personal records of each prisoner.
(4) The Director shall forthwith inform the Minister of any
case in which a person under eighteen years of age is admitted to
prison.
(5) The Director shall forthwith inform the Minister of any
case in which a prisoner has been detained or kept under arrest in
prison for more than forty-eight hours without his being brought
before a court.
PRISONS [ S.L.260.03 3
(6) The prisoner shall be released from prison between
nineteen (19) and twenty-two (22) hours of the last day of the
expiration of his term of imprisonment.
(7) A destitute prisoner may, on final release from prison, be
given a discharge grant which will assist that prisoner to meet
immediate needs on release. The amount and method of the grant
shall be given in accordance with such general directions as may
from time to time be approved by the Minister. In this
subregulation "destitute prisoner" means a prisoner who, in the
opinion of the Minister, is devoid of the means of maintenance,
including the need of food, clothing and lodging.
Urgent personal 
problems.
5. (1) On admission to prison, prisoners shall be assisted, as
far as practicable, to resolve their urgent personal problems.
(2) On such admission every prisoner shall have the right to
inform of his imprisonment, through the Director, his spouse, if he
is married, or his nearest relative or any other person indicated by
him. If he does not wish to do so no person shall be informed of his
imprisonment unless there are over-riding reasons such as the age,
state of mind or other incapacity of the prisoner.
(3) Unconvicted prisoners shall be given facilities to contact a
legal adviser of their choice and to apply, where necessary, for free
legal aid.
Search of 
prisoners.
6. (1) Every prisoner, on admission to a prison and thereafter
whenever deemed necessary, shall be searched in such manner and
by such prison officials as the Director deems fit.
(2) The searching of a prisoner shall be conducted with due
regard to decency and self-respect and in as seemly a manner as is
consistent with the necessity of discovering any concealed article.
(3) A prisoner may be required by the Director to disrobe in
order to be searched as provided in subregulation (4). The prisoner
may during such search require the presence of another available
prison officer.
(4) ( a ) The Director may order a search, including a visual
inspection of body cavities, for the purpose of
ascertaining that the prisoner is not carrying any
prohibited article.
( b ) The Director may in writing order that a digital or
instrumental inspection of the prisoner’s anal or
vaginal cavities for the purpose of ascertaining
whether a prisoner is carrying any prohibited article
therein, and may likewise order any reasonable test or
procedure to ascertain whether a prisoner is carrying
anything in any body cavity. Such searches and tests
shall be conducted by a member of the Prison Medical
Services in the infirmary or other suitable place.
(5) The Director shall keep a register of any search ordered
under subregulation (4), indicating therein the prisoner searched
and the reasons for ordering the search, as well as the results of
such search.
4 [ S.L.260.03 PRISONS
(6) Any search of the person shall be conducted by a prison
officer of the same sex, in a private place, and out of sight of
others.
Particulars of 
prisoner.
7. (1) A register of every admission into and release from
prison and a personal record of each prisoner shall be kept by the
Director or any prison officer authorised by him for this purpose.
(2) On admission of a prisoner into prison, the essential details
of the committal document together with the prisoner’s name, age,
height, weight, general appearance, particular marks, if any,
nationality and religious denomination shall be immediately
recorded in the register of admissions together with other
information concerning the identity of the prisoner and the day and
hour of his admission.
(3) A prisoner shall on admission be photographed and his
fingerprints shall be taken. Thereafter new photographs may be
taken as the Director may deem necessary. The said photographs,
including the negatives, and fingerprints shall be inserted in the
records relating to the prisoner, but shall in the case of an
unconvicted prisoner be returned to the prisoner if he is later
acquitted.
(4) The register of admissions and other personal records,
including the records of the prisoner’s property, shall be securely
kept in the custody of the Director. Their contents shall not be
divulged to any person except with the consent of the prisoner
himself, or on the order of the Attorney General or of a court, or
with the authorisation of the Minister, or in fulfilment of any
international obligation assumed by the Government of Malta.
(5) A prisoner may, either on his admission or at any time
thereafter, be interviewed by the Director on matters relating to his
family and social or educational background, including his
occupation, particularly with a view to the achievement of the
treatment objectives of the prison regime and the drawing up of the
prisoner’s training programme, but no question may be put to the
prisoner by the Director or by any prison officer relating to the
commission of any offence, other than an offence against discipline
under these regulations.
(6) For the purposes of regulation 2 and regulation 61(1)( a ),
( b ) and ( c ), the prisoner shall indicate at the time of admission into
the prison, on a form approved by the Director, the details relating
to his near relatives, which details shall include their names,
addresses, and nature of relationship, and, if available, their
identity card numbers and telephone numbers. Claims by the
prisoner to have an established relationship with a person, other
than his spouse, ascendant, descendant, brother or sister,
comparable in significance with those of the nature of a near
relative, shall be made through a sworn confirmation of such
relationship by the prisoner. Notwithstanding such claims, the
Minister may order that investigations be carried out by trusted
persons into such relationships in order to further verify and
establish the nature and strength of the bond between the prisoner
and that other person.
PRISONS [ S.L.260.03 5
Prisoner’s 
property.
8. (1) An unconvicted prisoner may keep, if he has them with
him on his admission to prison, or have supplied to him at his
expense and retain for his own use, books, newspapers, writing
materials and other means of occupation, unless this is
objectionable to the Director on the grounds that they are not
compatible with the interest of the administration of justice or the
security or good order of the prison.
(2) Any money or other effects in the possession of a prisoner
which are connected or reasonable suspected to be connected with
an offence shall be handed over by the Director to the Police to be
dealt with according to law. If any other effects in the possession of
a prisoner are of a perishable or dangerous nature they shall, on the
order of the Director, be destroyed. If a prisoner brings into the
prison any medicines the Director shall decide what use shall be
made of them after obtaining the advice of the Medical Officer.
(3) Anything, other than money, not falling under the
preceding subregulations, whether brought by the prisoner himself
or sent or brought to him for his use while in prison, which the
prisoner is, for any reason, not allowed to retain by the Director,
shall be withdrawn from him by the Director and shall be recorded
in the prisoners’ effects inventory which the prisoner shall be
required to sign after being given a proper opportunity to see that it
is correct. Such property shall be kept for the prisoner in the
custody of the Director until the prisoner’s release.
(4) Any money which a prisoner is not allowed to retain by the
Director, whether brought by the prisoner or sent or brought to him
at the prison, shall be paid into an account under the control of the
Director and the prisoner shall be credited with the amount in the
books of the prison until his release.
(5) If a prisoner requests that any money or property falling
under subregulations (1), (3) or (4) be handed over to a relative or
friend, the Director shall give effect to such a request against a
receipt by the said relative or friend, provided that the said relative
or friend is not a prisoner.
(6) The prisoner shall be given a receipt for any money and
effects withdrawn from him and shall give a receipt to the Director
when they are returned to him.
(7) Any article belonging to a prisoner which remains
unclaimed for a period of more than two years after he leaves
prison or dies while in prison may be disposed of in favour of any
appropriate after-care organisation or victims fund approved by the
Board.
(8) The Director may confiscate any unauthorised article
found in the possession of a prisoner.
Notification of 
death, illness, 
transfer, etc.
Cap. 9.
9. (1) Without prejudice to the provisions of article 551(2) of
the Criminal Code, if a prisoner dies, becomes seriously ill, or
sustains any serious injury, the Director shall at once inform any
person previously designated by the prisoner for such purpose.
(2) A prisoner shall be informed at once of the death or serious
illness or injury of any near relative.
6 [ S.L.260.03 PRISONS
Removal of 
prisoners.
10. (1) A prisoner required to be taken in custody anywhere
outside a prison shall be kept in the custody of prison or police
officers.
(2) A prisoner required to be taken in custody to any court
shall be allowed to wear his own clothing or clothing different from
the dress worn at the prison.
(3) The transport of prisoners, in conveyances with inadequate
ventilation or light, or which may in any way subject them to
unnecessary physical hardship or indignity, shall be prohibited.
(4) When prisoners are being moved to or from a prison or
from one prison to another, proper safeguards shall be adopted to
protect them from insult and curiosity.
Reports, 
information and 
training 
programme.
Amended by:
L.N. 127 of 1997.
11. (1) As soon as possible after admission -
( a ) full reports shall be compiled and relevant information
shall be collected about the personal situation of a
prisoner including his family life and his educational
background; and
( b ) in appropriate cases and in respect of prisoners with a
sentence of suitable length, a training programme in
preparation for ultimate release may be drawn up in
consultation, so far as possible, with the relevant staff
and the prisoner himself and consistently with the aims
listed in regulation 3(1) and the management needs of
the prison.
(2) The training programmes shall provide for the instruction
of prisoners in such subjects and trades as may be within the
resources of the prison and for their physical education according
to their age, personality and general background.
(3) The said reports and information shall always include
reports by the Medical Officer and the personnel in direct charge of
the prisoner concerned.
(4) The reports and information concerning prisoners shall be
maintained with due regard to confidentiality on an individual
basis, shall be regularly kept up to date and shall be accessible only
to authorised persons.
(5) The Board shall advise the Director generally on training
programmes which may be pursued by prisoners.
Allocation, 
classification and 
separation of 
prisoners.
Amended by:
L.N. 127 of 1997.
12. (1) In allocating prisoners to different prisons, or to
different sections or divisions of a prison, or to different prison
regimes, due account shall be taken of their judicial and legal
situation and due distinction shall be made, as far as practicable,
between the following:
( a ) male and female prisoners;
( b ) unconvicted and convicted prisoners;
( c ) prisoners sentenced to detention and other prisoners;
( d ) prisoners under twenty-one years of age and prisoners
over that age;
( e ) prisoners sentenced to imprisonment for the first time
PRISONS [ S.L.260.03 7
and those sentenced more than once; and
( f ) short-term and long-term prisoners.
(2) Due regard shall also be had to any special requirements of
the training programmes drawn up for prisoners and of their
medical needs.
(3) Male and female prisoners shall, as far as possible, be kept
in separate prisons staffed, except for the Director, the Assistant
Director and the Chaplain, by prison officers of the same sex as the
prisoners. If the prison receives both male and female prisoners the
provisions of subregulation (7) shall apply.
(4) Prisoners under twenty-ore years of age shall be kept under
conditions which take account of the needs of their age and protect
them from harmful influences.
(5) As far as it can reasonably be done -
( a ) unconvicted prisoners and prisoners sentenced to
detention shall be kept out of contact with other
prisoners;
( b ) prisoners who by reason of their criminal record or
their personality may exercise a harmful influence
shall be kept separate from, and out of contact with
other prisoners; and
( c ) prisoners sentenced to more than one year
imprisonment shall be kept separate from those
undergoing shorter sentences.
(6) Nothing in this regulation shall require a prisoner to be
deprived unduly of the society of other persons or prevent prisoners
who are to be kept separate from, or out of contact with, others,
from taking part, under supervision, in organised activities
beneficial to prisoners forming part of an authorised training
programme.
(7) If the prison receives both male and female prisoners the
whole of the premises allocated to either sex shall be kept entirely
separate and have a separate entrance and exit. If there is an
intercommunicating door the key shall be kept in the exclusive
possession of the Director and, when he is not present, in the
possession of an officer authorised by him. Admissions, searches,
medical examinations and interviews or other procedures required
or permitted under these regulations shall take place in the section
of the prison allocated to the prisoner concerned according to sex,
and any medical attention needed shall be given in the same
section.
System of 
privileges.
13. (1) There shall be established, with the approval of the
Minister, a system of privileges appropriate to the different
methods of treatment and to the different classes of prisoners,
including unconvicted prisoners. Such privileges shall include
arrangements and limitations under which prisoners may purchase
in prison articles permitted by the Director to be sold therein, and
under which they may keep a personal radio or other particular
objects in their cell.
8 [ S.L.260.03 PRISONS
(2) Any privilege may be withdrawn by the Director at any
time without the need of assigning any reason and may also be
forfeited as a punishment for a disciplinary offence as provided in
regulation 78.
(3) A right given directly to prisoners by these regulations
shall not be treated as a privilege granted by the Director by virtue
of the powers delegated under this regulation, and may be forfeited,
stopped or postponed only as a punishment for an offence against
discipline in so far as such punishment is contemplated under these
regulations.
Remission of 
sentence.
Amended by:
L.N. 127 of 1997.
14. (1) Prisoners serving a sentence of imprisonment for a
term of more than one month may, on the ground of industry and
good conduct, earn a remission in accordance with the provisions
of this regulation, provided that this regulation shall not permit the
reduction of the term of imprisonment to less than thirty-one days.
(2) The remission earned, if any, under this regulation shall
not exceed one-third of the total of -
Cap. 9.
( a ) the term of a sentence of imprisonment as reduced
under article 22 of the Criminal Code, and
( b ) any period during which the accused was kept in
custody, prior to conviction, for the offence or
offences for which the prisoner was imprisoned.
(3) For the purpose of establishing the amount of remission
that may be earned by prisoners under this regulation the Director,
or any person authorised by him for this purpose, shall take into
account, amongst other things, a prisoner’s performance at work, at
training, during educational and rehabilitation programmes. and the
prisoner’s general overall good conduct. It shall be the
responsibility of the Director to establish a system whereby
remission is awarded according to objective criteria.
(4) This regulation shall have effect subject to any disciplinary
award of forfeiture of remission and shall not apply to a prisoner
serving a sentence of imprisonment for life.
(5) The Director shall record in an appropriate register the
remission awarded to each prisoner. Such record shall be entered in
the register at regular intervals of not more than one month. The
Director shall communicate to each prisoner at reasonable intervals
the amount of remission awarded to him.
(6) Any prisoner who feels aggrieved by the non-award to him
of remission or by the amount thereof awarded to him under this
regulation may, within five days, appeal to the Appeals Tribunal
which shall, after hearing the Director, the prisoner and such other
persons as it may deem necessary, either confirm or vary the
decision of the Director. The decision of the Tribunal shall be final.
Prison timetable 
and routine.
15. (1) The Director shall establish a timetable setting out the
routine to be followed by prisoners during each day of the week,
including the hours reserved for work, meals, study, exercise and
recreation. 
(2) The timetable shall distinguish clearly between the
PRISONS [ S.L.260.03 9
working days of the prison and Sundays, public holidays and other
days and hours during which work is not carried out in prison. The
timetable shall also clearly indicate the time of opening and locking
of cells, distinguishing between the summer and winter months,
and allowing an extra hour before locking up for the summer
months. Such timetable shall also comply with the provisions of
regulation 28.
Information to 
prisoners.
16. (1) Every prisoner shall be provided, as soon as possible
after his admission into prison with information, in printed or other
suitable form, about those provisions of these regulations and other
matters which it is necessary that he should know in order to
understand his rights and obligations and to adapt to the life of the
institution, including, particularly, disciplinary requirements and
the prison timetable.
(2) Prisoners who are foreign nationals and to whom a treaty
or arrangement between Malta and their country regarding the
transfer of sentenced persons may apply shall, as soon as possible
after conviction, be provided with the necessary information about
the substance of that treaty or arrangement.
Requests, 
complaints and 
petitions.
17. (1) Every request by a prisoner to see the Director, the
Board or a member thereof, and any complaint made by a prisoner,
shall be recorded by the prison officer to whom it is made and
promptly passed on to the Director.
(2) The Director shall, without undue delay, see prisoners who
have asked to see him and take cognizance of any request or
complaint made to him.
(3) Where a prisoner has asked to see the Board or a member
thereof, the Director shall ensure that the Board or the member is
told of the request on their next visit to the prison.
(4) Prison officers in direct contact with prisoners, shall, at
their request, supply prisoners with an appropriate form approved
by the Director for the purpose of making requests, complaints or
petitions. Prisoners may, however, submit any request, complaint
or petition in any other proper written form and even verbally.
Confidentiality.
him without any other person being present.
(2) If a prisoner so requests the Board and any members
thereof may interview him without the Director or any other person
being present.
(3) Every prisoner shall be allowed to make a request or
complaint to the Director, to the Board or to the Minister, or to
petition the President of Malta, or to an internationally recognised
human rights body, under confidential cover.
(4) Every request, complaint or petition of a prisoner shall be
dealt with and replied to without undue delay.
Physical welfare and work
Accommodation 
for prisoners.
19. (1) Every prisoner shall be lodged in an individual cell
unless, due to lack of sufficient number of cells or other special
circumstances, it is necessary to place more than one prisoner in a
10 [ S.L.260.03 PRISONS
cell.
(2) If the Director orders that more than one prisoner be placed
in the same cell, he shall forthwith notify the Board, stating the
reasons for such action.
(3) Where accommodation is shared it shall be occupied by
prisoners suitable to associate with each other in those conditions,
and in such cases there shall be increased medical and other
supervision.
(4) The accommodation provided for prisoners, and in
particular all sleeping accommodation, shall meet the requirements
of health and hygiene, due regard being had to climatic conditions
and especially the cubic content of air, a reasonable amount of
space, lighting and ventilation. Such accommodation shall also
allow the prisoner to communicate at any time with a prison
officer.
Lighting. 20. In all places where prisoners are required to live or work - 
( a ) the windows shall be such as to enable the prisoners to
read or work by natural light in normal conditions and
shall be so constructed that they can allow the entrance
of fresh air, and shall, with due regard to security
requirements, present in their size, location and
construction as normal an appearance as possible;
( b ) artificial light shall satisfy recognised technical
standards and, as regards the cells, shall be capable of
being dimmed at night in such a way as to permit
supervision.
Bedding. 21. Every prisoner shall be provided with a separate bed and
separate bedding appropriate for warmth and health, which shall be
kept in good order and changed often enough to ensure its
cleanliness in accordance with the orders of the Director.
Clothing. 22. (1) ( a ) The Minister may direct that sentenced prisoners
be provided with an outfit of clothing that may be of a
uniform type or of a civilian type, suitable for the climate
and adequate to keep them in good health.
( b ) The Minister may prescribe different types of
clothing for different classes of prisoners.
( c ) In such case, and subject to the provisions of
regulation 10(2), they shall wear no clothing except that
provided to them under this regulation. Such clothing shall
in no manner be degrading or humiliating.
(2) ( a ) Unconvicted prisoners shall be allowed to wear their
own clothing provided it is clean and suitable.
( b ) Prisoners who do not avail themselves of this facility,
shall be supplied with suitable clothing.
( c ) If they have no suitable clothing of their own,
unconvicted prisoners shall be provided with civilian
clothing in good condition in which to appear in court
or on prison leave.
PRISONS [ S.L.260.03 11
(3) All clothing shall be clean and kept in neat and proper
condition and shall be changed and washed as often as necessary
for the maintenance of hygiene in accordance with the orders of the
Director.
(4) When prisoners have permission to go outside the prison,
they may be allowed to wear their own clothing or other
inconspicuous clothing.
(5) On the admission of prisoners adequate arrangements shall
be made to ensure that their personal clothes are kept in good
condition and are returned to them on their release, unless it has
been found necessary to destroy or otherwise dispose of them, in
which case suitable alternative clothing shall be provided.
(6) The clothing provided under this regulation shall include
suitable protective clothing for use at work, where this is needed.
(7) In this regulation "clothing" includes footwear.
Personal 
cleanliness and 
prison hygiene.
23. (1) Prisoners shall be required to keep their persons clean,
and to this end they shall be provided with such toilet articles as are
needed for health and cleanliness, which articles shall be replaced
as necessary.
(2) Adequate bathing and showering installations shall be
provided so that every prisoner may be enabled and, unless
otherwise directed by the medical officer, required to have a bath or
shower, at a temperature suitable to the climate, on admission, and
thereafter as frequently as the Director or the Medical Officer may
deem necessary for general hygiene, according to the season but in
any case at least once a week.
(3) Each cell shall be provided with a washhand basin with
running water and with a toilet. If there is no flushing equipment
each prisoner shall be allowed to have a sufficient quantity of water
for keeping the toilet clean.
(4) Proper toilet facilities shall also be provided in other parts
of the prison.
(5) All parts of the prison shall be properly maintained and
kept scrupulously clean at all times by prisoners detailed to such
service by the Director.
(6) Prisoners shall keep their cells and the articles issued for
their use clean and neatly arranged and shall obey all such orders as
may be given by the Director for this purpose.
Personal 
appearance.
24. (1) Male prisoners shall be required, unless excepted or
excused by the Director or the Medical Officer, to shave daily.
(2) Male prisoners, not excepted or excused by the Director or
the Medical Officer, shall have their hair cut as frequently as
necessary for neatness but, subject to the need for maintenance of
appropriate discipline and hygienic standards, they shall be allowed
a reasonable choice selection of their own hairstyles and personal
grooming provided that unconvicted prisoners and prisoners
sentenced to detention shall not be required to have their hair cut or
any beard or moustache usually worn by them shaved off except
where the Medical Officer directs this to be done for the sake of
12 [ S.L.260.03 PRISONS
health or cleanliness.
(3) The Director shall engage a suitably trained person to carry
out the duties of barber.
(4) A woman prisoner’s hair shall not be cut without her
consent except where the Medical Officer certifies in writing that
this is necessary for the sake of health or cleanliness.
Provision of food 
to prisoners.
25. (1) Prisoners sentenced to imprisonment shall be provided
at the normal times with food which is suitably prepared and
presented, and satisfies in quality and quantity modern standards of
diet and hygiene, and which takes into account the age, sex, and
health of the prisoners, the nature of their work and so far as
possible, their religious or cultural requirements.
(2) The Director shall regularly inspect food provided to the
prisoners and shall ensure that no prisoner shall be given food
which is less than or different from that which is ordinarily
provided, except upon the written recommendation of the Medical
Officer.
(3) The provisions of this regulation shall also apply to
unconvicted prisoners and prisoners sentenced to detention,
provided that the Director may establish a system under which such
prisoners may be supplied with reasonable amount of food at their
own expense or at the expense of their family. In no case can such
food be passed to other prisoners without the permission of the
Director.
(4) No prisoner sentenced to imprisonment shall be allowed,
except as authorised by the Director or by the Medical Officer, to
have any food other than that ordinarily provided.
(5) In this regulation "food" includes drinking water.
Refusal of food. 26. (1) On every occasion on which a prisoner refuses his
food the occurrence shall be recorded in writing by a prison officer
in a special register to be kept for the purpose and the prisoner shall
be asked to countersign each entry of any such occurrence. During
any period of refusal of food by any prisoner the book shall be
inspected and signed daily by the Director and the Medical Officer.
(2) If the refusal of food lasts for more than twenty-four hours,
the Director and the Medical Officer shall seek to persuade the
prisoner, without the use of force or other means of constraint, to
resume eating, and if he persists in such refusal for a further period
of more than forty-eight hours, they shall inform a member of his
family or a relative, if known, and in the case of any foreign
national who is not known to have any relative in Malta, the
diplomatic or consular representative of his country, if any, in
Malta.
(3) In the carrying out of their duties under the last preceding
subregulation, the Director and the Medical Officer shall, if the
refusal of food persists beyond forty-eight hours, also seek the
assistance of the Prison Board, the Chaplain and any other officer
who attends to welfare duties at the prison.
Alcohol and 
tobacco.
27. (1) No prisoner shall be allowed to have any intoxicating
PRISONS [ S.L.260.03 13
liquor except under a written order of the Medical Officer
specifying the quantity and the name of the prisoner.
(2) No prisoner shall be allowed to smoke or to have any
tobacco except as a privilege under regulation 13 and in accordance
with any orders of the Director.
(3) The Director may designate certain areas of the prison as
no-smoking areas.
(4) No person shall smoke in a no-smoking area.
Exercise and sport.
exercise in the open air for not less than a total of one hour, each
day, if weather permits:
Provided that exercise consisting of physical training may
be given indoors instead of in the open air.
(2) The Director may in exceptional circumstances authorise
reduction of the period aforesaid.
(3) The Medical Officer shall decide on the fitness of every
prisoner for exercise and physical training, and may excuse a
prisoner from, or modify, any such activity on medical grounds.
Special arrangements shall be made for remedial physical
education and therapy for those prisoners who need it.
Work.
prisoners sentenced to imprisonment shall be required, subject to
the needs of security, discipline and good order, to do useful work
for not more than fifty hours a week in accordance with the
treatment objectives of the prison regime and their training
programme,  regard being had to their age, sex, fitness and, so far
as practicable, their personal skills and wishes in relation to the
type of work available at the prison. Arrangements shall be made to
allow prisoners to work, where possible, outside the cells, and in
association with one another. No unnecessary work shall be
required to be done on Sundays and public holidays.
(2) No work shall be of an afflictive nature.
(3) The Medical Officer may excuse a prisoner from work on
medical grounds, and no prisoner shall be set to do work which is
not of a kind for which he has been passed by the Medical Officer
as being fit.
(4) Except as may be authorised in writing by the Minister, no
prisoner shall work in the service of another prisoner or a prison
officer, or for the private benefit of any person.
(5) Unconvicted prisoners and prisoners sentenced to
detention shall be permitted, if they so wish, to work as if they were
sentenced to imprisonment.
(6) Prisoners shall be remunerated for their work at such rates
as may be approved by the Minister.
(7) The Minister may establish a system whereby a prisoner is
required to allocate such earnings for the following purposes:
( a ) support for his family,
14 [ S.L.260.03 PRISONS
( b ) compensation for victims of crime,
( c ) a savings fund to be handed to him on his release, and
( d ) the prisoner’s personal requirements.
(8) The work performed in prison shall, so far as possible, be
carried out under conditions comparable to similar work outside the
prison. Due safety and health precautions shall be ensured by the
Director.
Prisoners 
exempted from 
work.
30. (1) A prisoner, whether required or permitted to work,
who is exempted from work by the Medical Officer on health
grounds or who for any reason permitted under these regulations,
other than as a consequence of a punishment for an offence against
discipline, is not given work by the Director, shall receive such
weekly allowance as the Minister may direct.
(2) Regulation 29(7) shall apply to the allowance received under
this regulation.
Medical Service
Medical service. 31. (1) A prison medical service shall be organised in
consultation with the Minister responsible for health and shall
include the services of registered medical practitioners who shall
have the care of the health of prisoners. These services shall
include daily visits to the prison for such number of hours as the
proper carrying out of their duties may require and for on call
duties at all other times of the day or night.
(2) The Director shall designate one of the medical
practitioners as the Medical Officer of the Prison. Such officer
shall be responsible for the co-ordination and management of the
prison medical service.
(3) The prison medical service shall provide for specialised
services from among those available without charge to the
community outside prison for diagnosis and in proper cases, the
treatment of any illness, whether physical or mental, or of drug
abuse or addiction. It shall be the duty of the Medical Officer to
make use of such services whenever advisable.
(4) The services of a qualified dental surgeon who forms part
of the dental services available without charge to the community
outside prison, shall also be available at least once a week at the
prison.
(5) There shall be kept at the prison a properly equipped
infirmary for the care of any prisoner who, in the opinion of the
medical practitioner in charge, does not require hospitalisation
outside prison but should not be kept in his cell. The Director shall
engage the services of a pharmacist and of the required qualified
nursing and paramedical personnel. Such services shall be attached
to the infirmary, under the direction of the Medical Officer.
Separate arrangements shall be made for male and female
prisoners.
(6) Sick prisoners who, in the opinion of the medical
practitioner in charge, need treatment outside prison shall be
transferred to a specialised institution or to a general hospital, as
PRISONS [ S.L.260.03 15
the case may require, subject to the provisions of any law relating
to mental health and to admission to a mental institution.
(7) The Medical Officer shall inform the Director if he
suspects any prisoner of having suicidal intentions, and such
prisoner shall be placed under special observation.
General medical 
care.
32. (1) The Medical Officer shall ensure the care of the
physical and mental health of the prisoners and shall also ensure
that medical doctors see, under proper conditions and with such
frequency as is reasonably required, all sick prisoners, those who
report illness or injury, and any prisoner who may require medical
attention.
(2) The Director shall ensure that the name of every prisoner
who requests medical attention is entered in a register to be kept for
the purpose and that such register is inspected and signed by the
Medical Officer daily.
(3) ( a ) The Medical Officer shall report to the Director
whenever he considers that a prisoner’s physical or
mental health has been or will be adversely affected by
continued imprisonment or by any condition of
imprisonment.
( b ) If any prisoner is found to have any infectious or
contagious disease, a report thereof shall be made
forthwith to the Director by the Medical Officer, under
whose direction steps shall be taken to treat the
condition and to prevent its transmission to others.
(4) Prison officers shall direct the Medical Officer’s attention
to any prisoner who may appear not to be in good health although
not complaining of sickness or whose state of mind may appear
deserving of special notice and care.
Medical 
examinations.
33. (1) ( a ) Every prisoner shall, as soon as possible after
admission, and prior to his release, be separately examined
by a medical practitioner of the prison medical services. A
record is to be entered of the state of health of the prisoner
and other necessary particulars in a register kept for the
purpose.
( b ) When a prisoner is admitted too late to be
examined on the same day he shall be examined as soon as
possible on the next day and in any case within twenty-four
hours of admission:
Provided that the Director shall ensure that a prisoner
is immediately examined upon his admission by the
Medical Officer if the prisoner himself so requests or if
such examination is ordered by the Attorney General or by
any court.
(2) A prisoner shall not be removed to another prison if the
Medical Officer certifies that he is not fit for such removal.
(3) The medical practitioner on duty shall inform the Director
and the prisoner’s religious representative when the sickness or
condition of any prisoner appears to him to give rise to the
16 [ S.L.260.03 PRISONS
possibility of loss of life.
(4) The medical practitioner on duty shall also attend to the
needs of any prison officer who, while on duty, appears to be in
need of medical attention.
Other duties of 
Medical Officer.
34. (1) The Medical Officer shall regularly advise the
Director on:
( a ) the quantity, quality, preparation and serving of food
and water;
( b ) the hygiene and cleanliness of the prison and
prisoners;
( c ) the sanitation, heating, lighting, and ventilation of the
prison; and
( d ) the suitability and cleanliness of the prisoners'
clothing and bedding.
(2) The Medical Officer shall at least once every six months
make a report to the Director on the health of the prisoners and on
the general sanitation of the prison.
Consideration of 
Medical Officer’s 
reports and advice.
35. The Director shall consider the reports and advice
submitted by the Medical Officer under the foregoing regulation
and, when in concurrence with the advice given, shall take
immediate steps to give effect to it. If he does not concur with it he
shall immediately submit a personal report and the advice of the
Medical Officer to the Minister.
Prohibition of 
experiments and 
operations.
36. (1) Prisoners may not be submitted to any medical
experiments.
(2) No serious operation shall be performed in prison except
by, or with the advice of, a consultant surgeon unless the urgency
of the circumstances otherwise requires.
Medical services 
and re-settlement.
37. The medical services of the prison shall seek to detect and
shall treat any physical or mental illness or defect or drug-related
condition which may affect a prisoner’s well being in prison or
which may impede a prisoner’s re-settlement after release. All
necessary medical, surgical and psychiatric services available
without charge to the community outside prison shall also be
provided to the prisoner.
Infants. 38. (1) In the case of female prisoners with child,
arrangements shall be made for prenatal care and for their transfer
to a hospital for their confinement and the delivery of the child.
(2) The child of a female prisoner may be received and kept in
the prison in order to be taken care of by the said prisoner until the
child is one year old. Arrangements shall be made for the proper
care and safety of a child kept in prison whenever the child is not in
the care of the mother.
(3) No child older than one year shall be kept in prison unless
the Director is satisfied that there are special reasons justifying a
longer period.
(4) If a child is born in prison the fact that the child is born
therein shall not be mentioned in the act of birth and only the name
PRISONS [ S.L.260.03 17
of the locality within which the prison is sited shall be mentioned.
Medical records.
medical service keeps proper medical records for each prisoner,
and such other records as may be necessary including the times of
attendance of medical practitioners, all examinations, inspections
and visits carried out, all prescriptions and orders issued, any
advice given to the Director relating to any prisoner or prison
officer. The stocks of medicines and medical equipment, and
generally of all matters relevant to the performance of the duties
pertaining to the prison medical service.
(2) All records under this regulation shall be kept in the prison
and shall be accessible, subject to their confidentiality, to the
Minister, the Director, the Board and to any properly authorised
person:
Provided that as regards the medical records of prisoners
the provisions of regulation 7(4) shall,  mutatis mutandis , apply.
Cap. 9.
(3) In the event of the death of any prisoner the Medical
Officer shall, without prejudice to the provisions of article 551(2)
of the Criminal Code, enter into a special register to be kept by him
all the necessary details concerning the death, the date, time and
nature of any antecedent illness or injury, and the result of the
autopsy carried out according to law.
Religious and moral assistance
Satisfaction of 
religious needs.
40. So far as practicable, every prisoner shall be allowed to
satisfy the needs of his religious, spiritual and moral life by
attending the services or meetings provided in the institution and to
have in his possession any necessary books or literature.
Religious 
denomination.
41. (1) On his admission, a prisoner shall declare to the
Director the religion or the religious denomination to which he
belongs, and such declaration shall be recorded in the register of
admission.
(2) The prisoner’s declaration shall be amended by the
Director, if so requested by the prisoner, unless such a request is
frivolously made. In such a case the prisoner shall be counselled on
the issue.
Prison Chaplain 
and other religious 
representatives.
42. (1) There shall be appointed a Prison Chaplain to cater
and minister for the religious needs of prisoners belonging to the
Roman Catholic Church.
(2) If there is in the prison a sufficient number of prisoners of
the same religion, a qualified representative of that religion shall be
appointed or arrangements shall be made with a qualified
representative.
Access to religious 
representatives.
43. (1) A religious representative appointed or approved
under regulation 42 shall be allowed to hold regular services and
activities and to pay pastoral visits in private to prisoners of his
religion at such times as may be fixed by, or agreed with, the
Director.
(2) Reasonable access to a religious representative shall not be
refused to a prisoner during such times as may be fixed or agreed to
18 [ S.L.260.03 PRISONS
by the Director. If any prisoner should object to a visit of any
religious representative, the prisoner shall be allowed to refuse it.
Work on Sundays 
or days of religious 
observance.
44. Arrangements shall be made so as not to require prisoners
to do any unnecessary work on their recognised days of religious
observance.
Special duties of 
Prison Chaplain 
and other religious 
representatives.
45. (1) The Prison Chaplain shall say Holy Mass daily at such
time as shall be fixed by the Director, for prisoners belonging to the
Roman Catholic Church and shall generally minister to the other
religious needs of such prisoners, giving them instruction at such
time as shall be fixed by the Director and conferring with the
Director on any matter connected with their welfare. He shall also
pay special attention to young prisoners and habitual offenders,
sick prisoners, prisoners with personal or family difficulties, and
prisoners under restraint or undergoing cellular confinement.
Whenever the Prison Chaplain is unable to attend to his duties,
such duties shall be performed by another priest of the same
religious denomination as approved by the Director.
(2) The religious representative provided for in regulation 42
shall interview every prisoner of that religion individually soon
after the prisoner’s admission and shortly before his release.
(3) The religious representative shall also visit as frequently as
necessary all prisoners of that religion who are sick, under restraint
or undergoing cellular confinement, and shall visit all other
prisoners of that religion regularly at proper times fixed or agreed
to by the Director.
Education, social welfare and contacts with the outside world
Education. 46. (1) Educational and training facilities shall be maintained
by the Director in accordance with such directions as the Minister
may give after consulting the Director, the Prison Board and the
Ministry of Education.
(2) In the provision of educational facilities as aforesaid
special attention shall be given to the education of young prisoners
and of illiterate prisoners.
(3) Every prisoner able to profit from the educational facilities
available at the prison shall be encouraged to do so. The pursuit of
education by a prisoner shall be regarded as an activity of the
prison regime, attracting the same status within that regime as
work, provided that it takes place in the normal working hours and
is part of an authorised individual training programme.
(4) Programmes of spare-time education shall also be arranged
at the prison and, subject to any directions of the Minister,
reasonable facilities shall be afforded to prisoners who wish to do
so, to improve their education by correspondence and private study,
or to practice handicrafts, during their spare time.
Library. 47. An adequately stocked library containing books and
periodicals of a suitable instructional and recreational range shall
be provided at the prison and, subject to any directions of the
Director, every prisoner shall be allowed to have library books and
periodicals and to exchange them. The library shall, as far as
practicable be organised in co-operation with public and
PRISONS [ S.L.260.03 19
community library services.
Information 
through press and 
media.
48. The Director shall, subject to the need of maintaining good
order and discipline, afford prisoners reasonable opportunity to
keep themselves informed of the news by reading newspapers and
periodicals, by radio and television, by lectures or by any similar
means authorised or controlled by the prison administration.
Prohibition of 
certain measures 
before conviction.
49. No measures shall be taken implying that rehabilitation is
in any way appropriate to an unconvicted prisoner. Nevertheless an
unconvicted prisoner may, subject to the other provisions of these
regulations, participate in such activities as are useful for his
education or generally.
Encouragement of 
outside contacts.
50. Subject to the other provisions of these regulations and to
any directions given by the Minister, generally for the needs of
treatment, discipline and good order, after hearing the advice of the
Director, prisoners shall be encouraged as much as possible to
establish and maintain such relations with their families as are
desirable in the best interests of both, as well as such relations with
persons and organisations outside prison as may best promote the
interests of the prisoners’ families and the prisoners’ own social
rehabilitation.
Letters and visits 
generally.
51. (1) Except as provided by these regulations, every letter
and communication to or from a prisoner may be read or examined
by the Director or a prison officer deputed by him, and the Director
may stop any letter or communication if its contents are
objectionable or if it is of inordinate length.
(2) Every visit to a prisoner shall take place within the sight of
a prison officer.
(3) Visits to a prisoner may, with the consent of the Director,
take place within the hearing of a prison officer.
(4) No object may be handed over to a prisoner during any
visit without the approval of the Director.
(5) The Minister may give directions, generally or in relation
to any visit or class of visits, concerning the days, times, duration
and any other condition of visits to prisoners.
Letters and visits.
unconvicted prisoner may send and receive as many letters and may
receive as many visits within such limits and subject to such
conditions, as the Minister may direct, either generally, or in
particular cases.
(2) A convicted prisoner shall be entitled:
( a ) to send and receive a letter on his admission to prison
and thereafter once a week; and
( b ) to receive a visit once a week.
(3) The Director may allow a prisoner to send or receive an
additional letter or visit where necessary for his welfare or that of
his family.
(4) The Director may allow a prisoner entitled to a visit to send
and receive a letter instead.
20 [ S.L.260.03 PRISONS
(5) The Director may defer the right of a prisoner to a visit
until the expiration of any period of cellular confinement.
(6) A prisoner shall not be entitled under this regulation to
receive a visit from any person other than those as are referred to in
regulation 50 except with the leave of the Minister.
(7) Subject to any direction of the Minister under regulation
51(5), the duration of any visit and the number of visitors in respect
of any particular visit shall be established by the Director according
to the needs of security, discipline and good order.
(8) Visits, other than those referred to in regulations 53 and
54, shall take place in the room or rooms designated for such
purpose by the Director who may also permit visits to take place
outside such rooms on special grounds and under appropriate
supervision.
(9) A full record shall be kept in an appropriate register of all
visits to prisoners and such record shall include the date and time of
the visits and particulars relating to the identity of the visitor.
(10) Letters and visits under regulations 53, 54 and 55 or from a
representative of any such organisation outside prison as is referred
to in regulation 50 shall not be counted as letters or visits for the
purposes of this regulation.
Cap. 9.
(11) The foregoing provisions of this regulation and the
provisions of regulation 53(2) and (3) shall be subject and without
prejudice to the provisions of article 408, article 431(2) and article
437 of the Criminal Code.
Visits by legal 
advisers.
53. (1) The legal adviser of a prisoner in any judicial
proceedings, civil or criminal, to which the prisoner is a party shall
be afforded reasonable facilities for interviewing the said prisoner
in connection with those proceedings.
(2) With the permission of the Director, the legal adviser of a
prisoner may interview him in connection with legal matters other
than those referred to in the foregoing subregulation.
(3) With the permission of the Director, a notary public may
interview a prisoner in connection with the drawing up and
signature of any public deed or private writing to which the
prisoner is a party.
(4) The interviews referred to in the foregoing subregulations
shall be conducted out of hearing but in the sight of a prison
officer.
(5) Visits under this regulation shall take place in a room
different from the room or rooms where visits referred to in
regulation 52 are held, but shall also be recorded in the register of
visits under subregulation (9) of that regulation.
Further facilities in 
connection with 
legal proceedings.
54. (1) A prisoner who is a party to any legal or judicial
proceedings may correspond with his legal adviser in connection
with those proceedings and, unless the Director has reason to
suspect that any such correspondence contains matter not relating
to the proceedings, the said correspondence shall not be read or
stopped under regulation 51(1).
PRISONS [ S.L.260.03 21
(2) A prisoner shall on request be provided with writing
material for the purposes of the foregoing subregulation and of
subregulation (4).
(3) A registered medical practitioner selected by or on behalf
of such prisoner in connection with such proceedings shall be
afforded reasonable facilities for examining him, and may do so out
of hearing but in the sight of a prison officer including the Medical
Officer.
(4) A prisoner may correspond with an advocate or legal
procurator for the purpose of obtaining legal advice on matters
other than those referred to in subregulation (1).
Interviews by 
police or prison 
officers.
55. (1) A police officer may request to visit a prisoner for
purposes of identification or investigation in connection with a
criminal prison offence (other than the offence in respect of which
the prisoner is awaiting trial) upon production of an order to that
effect from the Commissioner of Police.
(2) No prison officer shall interrogate a prisoner with regard to
any criminal offence unless such offence constitutes an offence
against discipline under these regulations.
Securing release.
reasons, that is to say -
Cap. 9.
( a ) in default of finding security or surety for his
temporary release on bail or for the purposes of article
384 or article 416(1) of the Criminal Code;
( b ) for failing to enter into his own recognisance when so
required by a competent court according to law;
( c ) for non-payment of the sum in which he bound himself
as provided in subarticle of article 586(1) of the
Criminal Code;
( d ) in default of payment of costs as provided in article
533(2) of the Criminal Code; or
( e ) in default of payment of a fine (multa), a fine
(ammenda) or any other pecuniary penalty
may communicate with, and be visited at any reasonable time by,
any relative or friend for the purpose of securing his release
according to
Foreign nationals.
without delay, of their right to request contact and to be allowed
reasonable facilities to communicate with the diplomatic or
consular representative of the state to which they belong.
(2) The prison administration shall cooperate fully with such
representatives in the interests of foreign nationals in prison who
may have special needs.
(3) Prisoners who are nationals of states without diplomatic or
consular representation in Malta or who are refugees or stateless
persons shall be allowed similar facilities to communicate with the
diplomatic or consular representative of the state which takes
charge of their interests or with any national or international
22 [ S.L.260.03 PRISONS
authority whose task it is to serve the interests of such persons.
Identification and 
powers of search of 
visitors.
58. (1) Every person about to visit a prisoner shall reveal his
identity to the responsible prison officer.
(2) The Director may order the search of any person about to
visit a prisoner. Such search shall be carried out by a prison officer
of the same sex as the visitor and shall be recorded in the register
mentioned in regulation 52(9).
(3) Any person who refuses to reveal his identity or comply
with an order of the Director under subregulation (2) shall be
refused permission to carry out the visit.
(4) All cases in which a visit is refused under the foregoing
subregulation shall be recorded in the register mentioned in
regulation 52(9).
Telephones.
Amended by:
L.N. 127 of 1997.
59. (1) Telephone calls by prisoners shall be subject to the
needs of security, discipline and good order of the prison and shall
be considered as a privilege in terms of regulation 13. All
telephones within the Prisons shall be equipped for monitoring and
recording of conversations, and the Director may authorise the
intentional hearing of such conversations to safeguard members of
the public or the security or safety within the prison, or to prevent
the furtherance of any illegal activity.
(2) A notice shall be affixed inside the prison indicating that
every telephone conversation mentioned in subregulation (1) may
be monitored and, or recorded.
(3) Without prejudice to other laws and to the course of the
administration of justice, the Director shall, with the approval of
the Minister, determine the frequency and duration of telephone
calls made or received by prisoners, as well as the persons with
whom such communications can be held.
(4) A prisoner who is a foreign national and who has no
relative in Malta may be allowed one free phone call a month to a
relative overseas. The duration of such phone call shall be
determined by the Director in accordance with any directions by
the Minister.
Cap. 9.
(5) The foregoing provisions of this regulation shall be subject
and without prejudice to the provisions of article 408, article
431(2) and article 437 of the Criminal Code.
Suspension of 
visits.
60. Should the Director have reasonable cause to suspect that a
visitor may tend to disturb the security, discipline and good order
of the prison, he may prohibit or suspend the visit and remove the
visitor from the prison, duly recording the fact in the register
mentioned in regulation 52(9).
Prison leave.
Amended by:
L.N. 127 of 1997;
L.N. 225 of 2000.
61. (1) Prison leave may be granted by the Director, in
accordance with such general directions as may be from time to
time given by the Minister, to a prisoner under such conditions as
may be determined by the Director in accordance with such
directions as follows:
( a ) for a period not exceeding twelve hours on the
occasion of the birth, marriage, or other special family
PRISONS [ S.L.260.03 23
occasion of a child or grandchild of the prisoner or on
a special family occasion of the prisoner’s spouse,
including those connected with a near relative;
( b ) (i) on compassionate grounds for a period
considered by the Director to be sufficient time
to allow the prisoner to attend the religious
service and burial in cases of the death of a near
relative;
(ii) on compassionate grounds for a period
considered by the Director to be sufficient time
for the prisoner to visit a near relative who is
seriously ill;
( c ) without prejudice to other parts of these regulations,
prison leave granted in terms of the paragraphs ( a ) and
( b ) shall be granted subject to the provisions of
regulation 2 and regulation 7(6);
( d ) for periods not exceeding eight hours in any one day
for a maximum of fifteen days in any one month for
the purpose of enabling the prisoner to do community
work;
( e ) (i) for such periods as may be required for the
prisoner to be treated and rehabilitated from
drug addiction in a therapeutic facility or
community outside the prisons as approved by
the Minister, or in relation to a prisoner
undergoing a drug rehabilitation programme
inside the prison, for purposes conducive to the
prisoner’s treatment;
(ii) for such periods as may be required for young
prisoners to spend a part or the whole of their
term of imprisonment in a young offenders
rehabilitation institution or in a similar facility
as approved by the Minister;
( f ) during the period commencing three months before the
date on which a prisoner may be finally released in
order to enable the prisoner to engage in employment,
or to receive instruction or training or to otherwise
assist him in the transition from prison life, provided
that any prison leave granted under this paragraph
shall not be in excess of eight hours in any one day for
a maximum of fifteen days in any one month;
( g ) subject to any other directions that the Minister may
deem necessary, for such periods as may be required
for prisoners to undertake courses of study or training
at educational institutions or facilities outside the
prison as approved by the Minister for the purpose of
improving a prisoner’s education and the furtherance
of learning of prisoners in general.
(2) ( a ) Leave under this regulation may be granted by the
Director with the approval of the Minister, or a public
officer designated by the Minister to so act on his
24 [ S.L.260.03 PRISONS
behalf, except in especially urgent cases in respect of
which such leave may be granted by the Director.
( b ) In the case of unconvicted prisoners any authorisation
by the competent authority, if necessary, shall be
requested prior to the granting of leave.
(3) The conditions which may be imposed on prison leave
under this regulation shall always include, among any others that
may be deemed appropriate, the conditions that the prisoner shall
reside at the address specified in the leave permit and return thereto
daily at such time as shall be ordered in such permit, and, where the
length of the leave period permits, remain in daily contact with or
under supervision of, a competent officer mentioned in the permit.
(4) A written record shall be kept of all cases in which leave
under this regulation has been granted and such record shall include
the degree of co-operation demonstrated by the prisoner during and
in connection with each period of leave.
(5) A prisoner granted leave under this regulation may be
recalled to prison at any time whether the conditions of his leave
have been broken or not.
(6) Saving the cases of leave granted under subregulation
(1)( a ), ( b ), ( c ) or ( e ) and of any other temporary leave of absence of
prisoners from prison granted by a competent court or other
competent authority, this regulation applies only to sentenced
prisoners who have been of regular good conduct in the prison,
have made satisfactory progress in the course of their programme
of treatment and are not considered dangerous to society.
(7) The Minister may also give general directives under which
groups of prisoners may be allowed outside the prisons, under
adequate supervision, in order to attend or take part in sports or
cultural activities.
Pre-release and 
after-care.
62. (1) From the beginning of a prisoner’s sentence,
consideration shall be given, in consultation with the social welfare
services authorities and any appropriate after-care organisation
approved by the Minister, to the prisoner’s future and the assistance
to be given him on and after his release.
(2) The authorised representatives of the social welfare
services authorities and of any approved after-care organisation
shall be afforded all reasonable access to the prison and the
prisoners with a view to making their contribution to the
preparation of prisoners for their release and after-care.
(3) With the consent of the prisoner, the Director and the
Medical Officer shall seek to assist a prisoner receiving any
medical care at the time of his release to continue to receive such
treatment after his release, through the medical services available
without charge to the community outside the prison.
Restrictions on 
communications.
63. (1) Except as provided by these regulations, a prisoner
shall not be permitted to communicate with any outside person or
organisation.
(2) The Minister may, with a view to securing discipline and
PRISONS [ S.L.260.03 25
good order or for the prevention of crime or in the interests of any
persons, impose restrictions, either generally or in particular cases,
upon the communications to be permitted between a prisoner and
other persons or organisations other than communications as are
referred to in regulation 53(1).
Prohibited articles.
which, without lawful authority, is brought, conveyed or thrown
into or deposited in a prison, or conveyed to a prisoner, or
deposited in any place with intent that it should come into the
possession of a prisoner; and such article shall be deemed to be
prohibited article for the purposes of article 7 of the Act and for the
purposes of these regulations.
(2) The Director may, from time to time, draw up or cause to
be drawn up a list of articles which may lawfully be introduced into
prison by any person (including prison officers) without the
Director’s prior consent. Such list is to be made available to
prisoners, prison officers visitors.
(3) No prisoner, unless previously authorised in writing by the
Director, shall be allowed to lend, sell or transfer in any manner
whatsoever to any other prisoner any article introduced for his own
use and any article so lent, sold or transferred shall be immediately
confiscated by the Director.
Control of persons 
and vehicles.
65. (1) Any person or vehicle entering or leaving a prison may
be stopped, examined and searched.
(2) The Director may order the removal from a prison of any
person who does not leave on being required to do so.
Restrictions on 
entry or viewing.
66. (1) No outside person shall be permitted to enter and view
a prison unless authorised by these regulations or any other law or
by the Minister.
(2) No person visiting a prison shall be permitted to take any
photograph, make any sketch or communicate with any prisoner
unless authorised as aforesaid.
Control and restraint of prisoners
Removal from 
association.
Amended by:
L.N. 127 of 1997.
67. (1) Where it appears desirable, in the interests of security
or for the maintenance of good order or discipline or in his own
interest, that a prisoner should not associate with other prisoners,
either generally or for particular purposes, the Director may
arrange for the prisoner’s removal from association accordingly.
During such periods the Director may also order the cancellation of
visits, other than those referred to in regulations 53, 54 and 55.
(2) A prisoner shall not be removed from association under the
foregoing subregulation for a period of more than forty-eight hours
without the authority of the Minister. An authority given under this
subregulation shall be for a period not exceeding fifteen days, but
may be renewed for similar periods. Such an authority shall be
immediately notified to the Chairman of the Board.
(3) The Director may, in his discretion, direct that the prisoner
resume association with other prisoners, and shall so direct if the
Medical Officer advises accordingly on medical grounds:
26 [ S.L.260.03 PRISONS
Provided, that when such removal had been effected under
the Minister’s authority in terms of the preceding subregulation, the
Minister and the Chairman of the Board shall be notified
immediately of such direction.
Temporary 
confinement.
68. (1) The Director may order a violent prisoner to be
confined temporarily in an appropriate cell, but a prisoner shall not
be so confined as a punishment, or after he has ceased to be violent.
(2) If the Director keeps such order in force for more than
forty-eight hours he shall consult the Medical Officer and shall
inform the Chairman of the Board.
Restraints. 69. (1) The use of chains and irons shall be prohibited.
Handcuffs, restrain-jackets and other body restraints shall not be
applied as a punishment. They shall not be used except in the
following circumstances:
( a ) where the Director deems it necessary, as a precaution
against escape during the movement of a prisoner,
provided that they shall be removed when the prisoner
appears before a judicial or administrative authority
unless that authority orders otherwise;
( b ) on medical grounds by direction and under the
supervision of the Medical Officer;
( c ) by order of the Director, if other methods of control
fail, to prevent a prisoner from injuring himself or
others, damaging property or creating a disturbance.
(2) On giving an order under paragraph ( c ) of the foregoing
subregulation, the Director shall without delay consult the Medical
Officer and inform the Chairman of the Board.
(3) The Director shall give effect to any recommendation
which the Medical Officer may make in respect of cases dealt with
under this regulation or regulation 68(2).
(4) No means of restraint whatever shall be applied for any
time longer than is strictly necessary, and, in any case, for longer
than twenty-four hours without informing in writing the Chairman
of the Board. The Director shall personally, before giving an order
under subregulation (1)( b ) or ( c ), see the prisoner. The Director
shall visit such prisoner at least twice a day and the prisoner must
be observed by a prison officer at frequent intervals as directed in
writing by the Director.
Provision of a 
sample.
Added by:
L.N. 14 of 2000.
70. (1) The Director may order a prisoner to provide a sample
for the purpose of ascertaining by means of laboratory analysis or
of a device approved by the Minister whether he has any drugs or
alcohol in his body.
Cap. 101.
Cap. 31.
(2) In this regulation "drugs" means any dangerous drug as
defined in article 12 of the Dangerous Drugs Ordinance, or any
specified or restricted drug under the Medical and Kindred
Professions Ordinance, and "sample" means a sample of urine and,
or a sample of breath.
(3) When requiring a prisoner to provide a sample the Director
shall, as far as is reasonably practicable, inform the prisoner:
PRISONS [ S.L.260.03 27
( a ) that he is being required to provide a sample for the
purpose of this regulation; and
( b ) that a refusal to provide a sample may lead to
disciplinary proceedings being brought against him.
(4) The sample shall be a fresh sample, free from adulteration.
(5) When requiring a sample from a prisoner, the Director
shall make such arrangements and give the prisoner such
instructions for its provision as may be reasonably necessary in
order to prevent or detect its adulteration or falsification.
(6) A prisoner who is required to provide a sample may be
kept apart from other prisoners for a period not exceeding one hour
to enable arrangements to be made for the provision of the sample.
(7) A prisoner who is unable to provide a sample may be kept
apart from other prisoners until he has provided the required
sample, save that a prisoner may not be kept apart under this
subregulation for a period of more than five hours.
(8) A prisoner required to provide a sample of urine shall be
afforded such degree of privacyas may be compatible with the need
to prevent or detect any adulteration or falsification, in particular a
prisoner shall not be required to provide a sample of urine in the
sight of a person of the opposite sex.
Use of force.
necessary to prevent or impede acts of violence, attempted escape
or active or passive resistance to lawful orders.
(2) Prison officers who have recourse to force shall use no
more than is strictly necessary and shall report the incident
immediately to the Director.
(3) Saving exceptional circumstances in which they are
authorised to do so by the Director, prison officers performing
duties which bring them into direct contact with prisoners shall not
carry arms or batons. On giving any such authorisation the Director
shall as soon as is practicable report his action to the Minister and
the Chairman of the Board.
(4) On receiving information about the application of force to
any prisoner the Director shall ensure that any necessary
investigation is carried out without delay.
(5) No prison officer shall act deliberately in a manner
calculated to provoke a prisoner.
Training of officers 
in arms and means 
of restraint.
72. Prison officers shall in no circumstances be provided with
arms or batons or use any means or method of restraint unless they
have received special technical training in their use and application
in such a way as to avoid, so far as possible, the causing of harm to
prisoners and, where such harm is inevitable, to restrict it to the
minimum.
Records to be kept.
68, 69 and 71 shall be forthwith recorded by the Director in a
register kept for the purpose.
Discipline
28 [ S.L.260.03 PRISONS
Maintenance of 
discipline.
74. (1) Discipline and order shall be maintained with
firmness, but with no more restrictions than is required, in the
interests of safe custody, ordered community life and the treatment
objectives of the prison.
(2) No prisoner shall be employed in the service of the prison
in any disciplinary capacity.
(3) This regulation shall not, however, impede the proper
functioning of arrangements under which specified social,
educational or sports activities or responsibilities are entrusted,
under supervision, to prisoners who are formed into groups for the
purpose of their participation in regime programmes.
Offences against 
discipline.
Amended by:
L.N. 14 of 2000
75. A prisoner shall be guilty of an offence against discipline if
he -
( a ) commits mutiny or incites others to mutiny;
( b ) assaults any person;
( c ) denies access to any part of the prison to any prison
officer;
( d ) fights with any person;
( e ) endangers the health or personal safety of others;
( f ) obstructs a prison officer in the execution of his duty;
( g ) has in his possession:
(i) any prohibited or unauthorised article; or
(ii) a greater quantity of any article than he is
authorised to have;
( h ) sells or delivers to any person any prohibited article;
( i ) sells or transfers to any person any article which he is
allowed to have only for his own use;
( j ) takes, without lawful authority or excuse, any article
belonging to another person or to the prison;
( k ) sets fire to any property, whether or not his own;
( l ) destroys or damages any part of the prison or any other
property, other than his own;
( m ) absents himself from any place where he is required to
be or is present at any place where he is not authorised
to be;
( n ) makes any frivolous or any false and malicious
allegation or complaint against a prison officer;
( o ) is disrespectful to any prison officer or any person
visiting the prison;
( p ) swears or uses threatening, abusive, obscene or
insulting words or behaviour;
( q ) fails to work properly or, being required to work,
refuses to do so;
( r ) disobeys any lawful order;
( s ) disobeys or fails to comply with any regulation
PRISONS [ S.L.260.03 29
applying to him;
( t ) detains any person against his will;
( u ) escapes while confined or deemed to be confined in
prison;
( v ) abuses drugs or drinks alcohol;
( w ) in any other way offends against good order and
discipline;
( x ) fails to comply with an order to provide a sample in
terms of regulation 70;
( y ) without prejudice to any other liability at law, takes
drugs referred to in regulation 70:
Provided that it shall be a defence for a prisoner
charged with an offence under this paragraph to prove
that -
(i) the drug had been, prior to its administration,
lawfully in his possession for his use or was
administered to him in the course of a lawful
supply of the drug to him by another person;
(ii) the drug was administered by or to him in
circumstances in which he proves to the
satisfaction of the Director that he did not know
and had no reason to suspect that such drug was
being administered;
( z ) fails to comply with any condition upon which he is
granted prison leave; or
( aa ) attempts to commit, or incites another prisoner to
commit, or assists another prisoner to commit or to
attempt to commit any of the foregoing offences.
Disciplinary 
charges.
76. (1) Where a prisoner is to be charged with an offence
against discipline, the charge shall be laid as soon as possible and,
save in exceptional circumstances, within forty-eight hours of the
discovery of the offence.
(2) A prisoner charged with such an offence may be kept apart
from other prisoners until the adjudication is over, but the
Chairman of the Board shall be informed that he is being so kept
apart and of the conditions under which he is being kept.
(3) Every charge shall be inquired into, in the first instance, by
the Director.
(4) Save in exceptional circumstances, notified to the
Chairman of the Board, every charge shall be first inquired into not
later than the next day, not being a Sunday or public holiday, after
it is laid.
Rights of prisoner 
charged.
77. (1) Where a prisoner is charged with an offence against
discipline, he shall be informed of the charge as soon as possible
and, in any case, before the time it is inquired into by the Director.
(2) At any inquiry into a charge against a prisoner he shall be
given a full opportunity of hearing what is alleged against him and
of presenting his own case.
30 [ S.L.260.03 PRISONS
(3) Where necessary and practicable a prisoner shall be
allowed to make his defence through an interpreter.
Director’s 
punishments.
78. (1) If the Director finds a prisoner guilty of an offence
against discipline he may impose one or more of the following
punishments:
( a ) caution;
( b ) forfeiture or postponement for any period of any of the
privileges under regulation 13;
( c ) exclusion from associated work for a period not
exceeding fifty-six days;
( d ) assignment or reassignment of work for a period not
exceeding fifty-six days;
( e ) stoppage of earnings, including any allowance,
referred to in regulation 29(6) and regulation 30(1), for
a period not exceeding fifty-six days;
( f ) cellular confinement not exceeding thirty days;
( g ) forfeiture of not more than one hundred and twenty
days of remission, whether earned or prospective,
referred to in regulation 14 except in the case of a
prisoner found guilty of wilful homicide, or attempted
wilful homicide, or mutiny, or incitement to mutiny, or
escape or attempted escape from prison, or assault on
any person resulting in grievous bodily harm, and/or
possession of and/or trafficking in narcotic drugs, in
which case the forfeiture may be of not more than
three hundred and sixty-five days;
( h ) in the case of a prisoner otherwise entitled to them,
forfeiture for any period of the right, under regulation
8(1) to have the articles there mentioned;
( i ) in the case of a prisoner guilty of escaping or
attempting to escape and who is otherwise entitled to
it, forfeiture of the right to wear his own clothing
under regulation 22(2).
(2) When a prisoner is found guilty of more than one charge
arising out of an incident, the punishments under this regulation
may be ordered to run consecutively.
Appeals Tribunal.
Amended by:
L.N. 14 of 2000.
79. (1) The Minister shall appoint an Appeals Tribunal
composed of a Chairman and two members to review disciplinary
cases decided by the Director for punishments as specified in
regulation 80, and to review cases involving the non-award of
remission as provided for in regulation 14. The Minister may
appoint, when necessary, more than one Appeals Tribunal. The
Minister may also appoint supplementary members who will
substitute the Chairman or a member of the Tribunal whenever the
said Chairman or member cannot attend sittings for any valid
reason, provided that the Chairman shall, as far as practicable,
ensure that the same menbers hear and conclude the same case.
(2) ( a ) The Minister may also appoint persons of integrity
who in his opinion have the necessary qualifications,
PRISONS [ S.L.260.03 31
experience and knowledge to represent and assist
prisoners during the hearings by the Tribunal of the
reviews of disciplinary cases.
( b ) It shall be the duty of the person appointed as
aforesaid-
(i) to act in the best interests of the prisoner;
(ii) to be present when the case of the prisoner is
being heard by the Tribunal;
(iii) to make the necessary submissions and
pleadings on behalf of the prisoner as
circumstances require during the hearings of the
Tribunal;
(iv) to take all necessary measures to safeguard the
prisoner’s rights.
(3) In the exercise of their function under this regulation
members of the Tribunal shall be accorded the same rights and
facilities as are granted under these regulations to members of the
Prison Board. The Tribunal shall also regulate its own procedures.
Review of 
disciplinary cases.
Amended by:
L.N. 14 of 2000;
L.N. 58 of 2001.
80. (1) Where the Director awards a punishment for any
offence which includes -
( a ) cellular confinement for a continuous period
exceeding six days;
( b ) forfeiture, continuously or cumulatively, of more than
twenty-eight days of remission referred to in
regulation 14,
the prisoner may petition a review of the disciplinary case to the
Appeals Tribunal by filing a notice of intention to appeal with the
Tribunal within five days of imposition of the punishment.
(2) Where a punishment described in subregulation (1) is
imposed, the Director shall immediately inform -
( a ) the prisoner of his right to petition the Appeals
Tribunal;
( b ) the Chairman of the Appeals Tribunal shall be
informed in writing of the name of the prisoner, the
offence with which he was charged, and the
punishment imposed.
(3) Where a petition is made to the Appeals Tribunal under
this regulation, the Chairman shall summon a special meeting of
the Tribunal to be held within six days from receipt of the notice of
appeal:
Provided that if the punishment includes cellular
confinement, an appeal under this regulation shall not stay the
execution of the punishment ordered by the Director, during the
first six days of the cellular confinement:
Provided, further, that if the punishment includes cellular
confinement, the Chairman shall summon a special meeting of the
Appeals Tribunal to be held within three days.
32 [ S.L.260.03 PRISONS
(4) The Appeals Tribunal shall inquire into the charge, the
punishment imposed, and the grounds for the prisoner’s appeal.
The Appeals Tribunal shall be entitled to regulate its own
proceedings.
(5) The Chairman of the Appeals Tribunal shall notify the
prisoner and the Director in writing of its decision within four days
of the hearing.
(6) In cases of acquittal, or where the punishment of cellular
confinement is reduced to less than six days, the Tribunal shall
have the power to order compensation in the form of remision or
special privileges.
(7) In subregulation (3), other than in the first proviso thereto,
and in subregulation (5) the word "days" shall not include
Saturdays, Sundays and public holidays.
Stoppage of 
earnings.
81. A punishment of stoppage of earnings may, instead of
forfeiting all a prisoner’s earnings for a specified period not
exceeding twenty-eight or fifty-six days (as the case may be), be
expressed so as to forfeit a proportion (not being less than one-half)
of his earnings for a specified period not exceeding a
correspondingly greater number of days.
Cellular 
confinement.
82. (1) Cellular confinement in respect of offences against
discipline shall be undergone in a cell which meets the standards of
these regulations.
(2) The Medical Officer shall monitor the condition of
prisoners undergoing cellular confinement and shall advise the
Director if the termination or alteration of the relative punishment
is considered necessary on grounds of physical or mental health. If
the Director, acting on such advice, terminates or alters the
punishment of cellular confinement, he shall substitute for it an
alternative punishment specified in regulation 78.
(3) It shall also be the duty of the Medical Officer to monitor
the condition of any prisoner sentenced to solitary confinement by
any court.
Remission: 
prospective 
forfeiture, special 
award of and 
cancellation.
83. (1) In the case of an offence against discipline committed
by an unconvicted prisoner, a punishment of forfeiture of remission
may be awarded notwithstanding that the prisoner has not, or had
not at the time of the offence, been sentenced.
(2) ( a ) Notwithstanding anything contained in these
regulations, the remission earned by every prisoner,
convicted or unconvicted, may, on commission of any
grave offence, be cancelled, in whole or in part, by the
authority of the Minister; and conversely additional
remission beyond that provided for in regulation 14,
without limit of number, may be given for special
services by the same authority.
( b ) Remission cancelled in accordance with the foregoing
paragraph, may, on the authority of the Minister, be
restored to a prisoner in whole or in part in
consideration of subsequent meritorious conduct.
PRISONS [ S.L.260.03 33
( c ) In this regulation "grave offence" means:
(i) wilful homicide, attempted wilful homicide,
grievous bodily harm resulting from an assault
on any person; or
(ii) mutiny; or
(iii) incitement to mutiny; or
(iv) escape or attempted escape from prison; or
(v) possession of and, or trafficking in narcotic
drugs.
Order of 
suspension.
84. (1) The power to award disciplinary punishments, other
than a caution, shall include the power to order that the punishment
is not to take effect unless, during a period specified in the order,
not being more than six months from the date of the order, the
prisoner commits another offence against discipline and a direction
is given under subregulation, provided that no such suspension may
be granted when the prisoner is found guilty under these
regulations of any offence mentioned in regulation 83(2)( c ).
(2) Where a prisoner commits an offence against discipline
during the period specified in an order given under subregulation
(1), the Director, or the Tribunal, may -
( a ) direct that the suspended punishment shall take effect;
( b ) reduce the period or amount of the suspended
punishment and direct that it shall take effect as so
reduced; or
( c ) vary the original order of suspension by substituting
for the period specified therein a period expiring not
later than six months from the date of variation; or
( d ) give no direction with respect to the suspended
punishment.
Prohibition of 
inhuman 
punishments or 
treatment.
85. Collective punishments, corporal punishments, punishment
by placing in a dark, darkened or unventilated cell or in a cell
which is not within hearing range of human sound or in which the
prisoner is exposed to unreasonable degrees of temperature, noise
or light and all other forms of cruel, inhuman or degrading
punishment or treatment shall be prohibited. 
Prohibition of 
unauthorised 
punishments.
86. (1) Prison officers shall not inflict any punishment, or
resort to any mode of treatment similar to a punishment, on or in
respect of any prisoner except with the authority of the Director or,
as the case may be, of the Tribunal.
(2) The Director and the Tribunal shall not inflict any
punishment, or resort to any mode of treatment similar to a
punishment, on or in respect of any prisoner except after regular
proceedings for a disciplinary offence and adjudication in
accordance with these regulations.
Standard of proof.
punishment unless he is found guilty of an offence against
discipline.
Criminal 
proceedings.
88. Criminal proceedings instituted against a prisoner in any
34 [ S.L.260.03 PRISONS
court, in respect of a fact likely to warrant disciplinary
proceedings, shall not stay disciplinary proceedings against such
prisoner for any infringement of discipline under these regulations.
PART III
Prison Officers
The Director and other officers
Personnel. 89. (1) Prison staff shall be continually encouraged through
training, consultative procedures and a positive management style
to aspire to humane standards, higher efficiency and a committed
approach to their duties.
(2) Personnel shall be appointed on those terms and conditions
as agreed to by the competent authorities who shall always give the
utmost consideration to good conduct, efficiency, integrity,
suitability, and an adequate standard of education.
(3) Whenever it is necessary to employ part-time staff, these
criteria should apply to them as far as that is appropriate.
The Director. 90. (1) Subject to the provisions of the Act and of these
regulations, the Director shall be responsible for the general
administration of the prison and, in particular, the maintenance of
security, discipline and good order therein, the health, hygiene and
general welfare of prisoners and the management of the training
programmes for the realisation of the treatment objectives.
(2) The Director shall carry out regular inspections, including
surprise inspections by night, of the different parts of the prison as
frequently as necessary.
(3) Saving his powers to give orders, whether verbally or in
writing, as he may deem fit for the proper running of the daily
administration of the prison, the Director may also make orders in
writing relating to any aspect of the administration of the prison
and the maintenance of discipline, security and good order therein,
as well as to any other matter forming part of his duties as set out in
these regulations:
Provided that nothing in such orders shall be contrary to
the provisions of the Act or of these regulations.
(4) The Director shall take strict care to ensure that these
regulations and any direction or order given thereunder, as well as
any order relating to the prison, are complied with and enforced.
(5) If a prisoner escapes the Director shall at once inform the
Commissioner of Police, giving a full description of the prisoner,
and shall moreover take all necessary action for the recapture of the
escaped prisoner. He shall also hold an inquiry without delay into
the circumstances of the escape transmitting the proceedings
together with a report thereon to the Minister. A copy of the
proceedings and of the report shall be transmitted to the Attorney
General.
(6) In the case of an emergency not provided for in these
regulations the Director may take such action as he may consider
PRISONS [ S.L.260.03 35
reasonably necessary and shall report such action forthwith to the
Minister and to the Chairman of the Board.
Records.
under any other provision of these regulations or of any other law,
the Director shall keep, or cause to be kept by any prison officer
authorised by him for the purpose, the following records:
( a ) a journal, to be signed by him daily, in which there
shall be recorded day by day the occurrences in the
prison, the number of prisoners in custody and all such
matters, other than those to be recorded in any special
register, as are required to be recorded by these
regulations;
( b ) an adjudication book showing all disciplinary
punishments awarded by him;
( c ) an order book in which there shall be recorded all
orders made or given in writing by the Director in the
carrying out of his duties;
( d ) an official Visitors Book referred to in article 8(5) of
the Act;
( e ) a prisoners’ record in which there shall be entered the
names of all prisoners together will full particulars
relating to their identity and the dates of
commencement and expiration of their sentence, as
well as an alphabetical index of such record;
( f ) a register showing the daily allocation and roster of
duties of all prison officers;
( g ) a daily record of the work given out to prisoners and
the work performed by them;
( h ) a stores book in which there shall be recorded all
stocks of food and provisions, clothing, bedding,
furniture, plant, tools, utensils and other stocks;
( i ) a register showing daily the food prepared and issued
to prisoners, including those on any special diet.
(2) The Director shall ensure that all records required to be
kept under these regulations or any other law shall, as far as
practicable, be securely kept. He shall likewise securely keep a
printed copy with numbered pages in bound forms of all those
records as directed by the Minister:
Provided that nothing in this regulation shall preclude the
Director from keeping records in any form which he may deem
expedient and which is agreed to by the Minister.
Annual report.
the Minister.
Other officials.
Director in the carrying out of his duties, deputising for him in the
performance of any of the Director’s duties during his absence or
whenever authorised to do so.
Training of prison 
officers.
94. (1) The Director shall ensure that prison officers shall
36 [ S.L.260.03 PRISONS
maintain and improve their knowledge of these regulations and
their efficiency by attending courses of in-service training and
lectures at suitable intervals.
(2) The said courses shall also include training in methods of
physical control and restraint of aggressive prisoners and in the
proper use of any arms or batons that prison officers may be
allowed to carry under these regulations.
Duties of prison 
officers and other 
persons employed 
in the prison.
95. (1) The Director shall assign to all prison officers,
including those of the female section, as well as to all other persons
employed in the prison, the duties to be carried out by them.
(2) Such duties shall be set out in detail in written orders made
by the Director.
(3) The prison officers in charge of the female section of the
prison shall in that section be assigned the duties that are generally
performed by comparable prison officers in the male section.
(4) It shall be the duty of every prison officer to conform to
these regulations and to any direction given thereunder, to assist
and support the Director in the maintenance of such regulations and
directions, and to obey all lawful orders relating to the prison.
Further duties of 
prison officers.
96. (1) Prison officers shall at all times so conduct themselves
and perform their duties as to command the respect of the prisoners
and the trust of the community.
(2) Prison officers shall treat prisoners with justice and
humanity, complying firmly and consistently with all regulations,
directions and orders relating to the prison and ensuring their
complete observance.
(3) Prison officers shall -
( a ) perform their duties with a high degree of alertness
and watchfulness and shall inform the Director
promptly of any breach of discipline, abuse or
impropriety relating to the prison which comes to their
knowledge;
( b ) exercise their utmost vigilance to ensure the safe
custody of prisoners;
( c ) pay strict attention to cleanliness and dress and shall
always wear the approved uniform within the precincts
of the prison and when on duty; and
( d ) refrain from receiving visitors in the prison without
the permission of the Director.
Unauthorised 
work.
97. No prison officer shall allow any prisoner to be employed
on any work other than that authorised by the Director.
Search of officers. 98. A prison officer and any other person employed in the
prison shall submit himself to be searched in the prison if the
Director so orders.
Prohibited 
contacts.
99. The Director shall have the authority to order any prison
officer to refrain from communicating with any specified former
prisoner or with any relative or friend of a prisoner or a former
prisoner.
PRISONS [ S.L.260.03 37
Complaints or 
requests by prison 
officers.
100. (1) A prison officer who has any complaint or request to
make in connection with his duties or situation in the prison shall
submit such complaint or request to the Director.
(2) The Director, if unable to dispose of such complaint or
request himself, shall submit the case with his remarks for the
consideration of the Minister.
(3) If the Director declines to attend to the complaint or
request of the prison officer or to take any action thereon within
fifteen days, the prison officer shall be entitled to submit his
representations in writing to the Minister through the Director. The
Director shall transmit such representations to the Minister without
delay.
(4) No prison officer shall make any frivolous or vexatious
complaint or request.
Right of association
Prison officers 
association.
101. (1) Prison officers may establish an association for the
purpose of enabling those of and below a rank established by the
Minister to consider and bring to the notice of the competent
authorities all matters affecting their welfare and efficiency other
than questions of discipline, transfers, individual promotions and
other matters affecting individuals.
Cap. 266.
(2) The prison service is a disciplined force in terms of the
Constitution of Malta and the Industrial Relations Act.
(3) The statute of the Prisons Officers Association is as set
forth in the Second Schedule. The rules, by whatever name called,
governing any association established under this regulation and any
amendments thereto, shall be subject to the approval of the
Minister who is to ensure that the aims and activities of the
association shall be consistent with those of a disciplined force as
aforesaid.
(4) An association established under this regulation shall be
entirely independent of, and unassociated with, any body outside
the prison service, but, subject to the approval of the Minister, may
be affiliated to an internationally recognised association of prison
officers.
Code of discipline of prison officers
Conduct of prison 
officers.
102. A prison officer commits an offence against discipline if he
is guilty of:
( a ) disobedience to orders, that is to say, if without good
and sufficient cause he fails to carry out any lawful
order or direction whether given to him in writing or
otherwise;
( b ) neglect of duty, that is to say, if he:
(i) neglects, or without good and sufficient cause
fails, to do anything promptly and diligently
which it is his duty as a prison officer to do; or
(ii) by carelessness or neglect contributes to the
escape of a prisoner; or
38 [ S.L.260.03 PRISONS
(iii) by carelessness or neglect in the course of his
duty contributes to the occurrence of any loss,
damage or injury to any person or property; or
(iv) takes any key belonging to the prison outside the
main gate of the prison except with the special
permission of the Director or, before going out
of the prison, leaves his keys in any place other
than that designed for such purpose by the
Director;
( c ) improper conduct with or towards prisoners or
ex-prisoners, that is to say, if he:
(i) communicates with a prisoner for an improper
purpose or enters into unnecessary conversation
with a prisoner or allows any undue familiarity
to occur between him and any prisoner; or
(ii) assaults a prisoner or uses obscene, insulting or
abusive language towards him; or
(iii) knowingly and without proper authority -
(1) communicates with any ex-prisoner or with
a friend or relative of any prisoner or
ax-prisoner in violation of an order given by
the Director pursuant to regulation 98; or
(2) discusses his duties or any matter of
discipline or prison arrangements with a
prisoner or within his hearing; or
(3) takes into his employment an ex-prisoner;
or
(4) writes, signs or gives any testimonial of
character or other recommendation with the
object of obtaining employment for any
person or of supporting an application of
any kind;
( d ) insubordinate conduct, that is to say, if he -
(i) is insubordinate by word, act or demeanour
towards any prison officer whose orders it is for
the time being his duty to obey; or
(ii) gives any orders, or causes or incites anyone to
act, in variance with any order or direction
relating to the prison; or
(iii) induces, or attempts to induce, any prison
officer, prisoner or other person to do any act
calculated to lead to the commission of any
breach of these regulations or of any order or
direction relating to the prison;
( e ) corrupt practice, that is to say, if knowingly he
improperly uses his position as a prison officer for his
private advantage;
( f ) unlawful or unnecessary exercise of authority;
( g ) absence without leave or being late for duty, that is to
say, if without reasonable excuse, he is absent without
PRISONS [ S.L.260.03 39
leave from the prison or from any parade or place of
duty or is late for any duty or parade;
( h ) trafficking, that is to say, if he knowingly and without
proper authority -
(i) carries out any pecuniary or business transaction
with or on behalf of any prisoner or ax-prisoner
or with a friend or relative of any prisoner or
ex-prisoner; or
(ii) accepts any present or consideration from any
prisoner or ex-prisoner or from a friend or
relative of any prisoner or ex-prisoner;
( i ) breach of confidence, that is to say, if he without the
Director’s prior authority -
(i) divulges any matter which it is his duty to keep
secret; or
(ii) communicates directly or indirectly to the press,
broadcasting media or to any unauthorised
person any matter which may have become
known to him in the course of his duty as a
prison officer; or
(iii) publishes any matter or makes any public
pronouncement relating to the administration of
the prison or to any of its inmates;
( j ) false statements, that is to say, if he knowingly makes
any false, misleading or inaccurate statement either
orally or in any official document or book, or signs
any such statement, or with intent to deceive destroys
or mutilates any such document or book or alters or
erases any entry therein in connection with his duties
as a prison officer;
( k ) failure in account, that is to say, if he fails to account
for, or to make a prompt or true return of, any money
or property for which he is responsible in connection
with his duties as a prison officer;
( l ) failure to report any breach of regulations, directions
or orders, that is to say, if he fails to report forthwith
to the Director any breach of these regulations or of
any other regulations, directions or orders relating to
the prison or applicable to the public service;
( m ) unauthorised possession of property, that is to say if,
while on or off duty, he is knowingly and improperly
in possession of property belonging to any other prison
officer or to any other person employed in the prison,
or of property belonging to any prisoner or to a friend
or relative of any prisoner;
( n ) damage to clothing or other articles supplied or
removal of prison property, that is to say, if he -
(i) wilfully or negligently damages or loses any
article of clothing or personal equipment with
which he has been provided or entrusted, or fails
40 [ S.L.260.03 PRISONS
to take proper care thereof; or
(ii) neglects to report any damage to, or loss of, any
article of clothing or personal equipment,
however caused; or
(iii) without proper authority takes out of the prison
any public property or removes any such
property from one part of the prison to another;
( o ) failure in making reports or keeping of records, that is
to say, if he -
(i) fails to report expeditiously to the Director any
matter, other than those mentioned in the last
preceding paragraph, which it is his duty to
report; or
(ii) fails to make any necessary entry in the
appropriate official book, register or record
which is kept under these regulations or under
any order of the Director;
( p ) attempting to enlist outside influence, that is to say, if
he procures or attempts to procure the intervention on
his behalf of any person for the purpose of securing his
own advancement or the improvement of his personal
position or of making charges against other prison
officers;
( q ) misconduct towards the public, that is to say, if he
assaults or uses any obscene, abusive or insulting
language towards any member of the public with
whom he may be brought into contact in the execution
of his duties;
( r ) taking part in any activity likely to interfere with the
impartial discharge of his duty or which may give rise
to the impression among the public that it may so
interfere;
( s ) discreditable conduct, that is to say, if he -
(i) while on or off duty acts in a disorderly manner
or in any manner prejudicial to the discipline of
the prison service or likely to bring discredit on
the prison service; or
(ii) while on or off duty borrows money from a
prison of ricer subordinate or junior in rank, or
lends money to a superior prison officer; or
(iii) smokes or drinks intoxicating liquor either
within the prison walls (except under such
conditions as may from time to time be
permitted) or while on duty in charge of
prisoners outside the prison; or
(iv) while on duty assaults any prison officer or other
person employed, or on official duty, in the
prison or uses obscene, abusive or insulting
language to any such of fleer or person; or
(v) while on duty, or liable to be called up on duty,
PRISONS [ S.L.260.03 41
is unfit for duty through drinking intoxicating
liquor or abusing drugs; or
(vi) falls into pecuniary embarrassment through his
fault or neglect; or
(vii) uses any defamatory, insulting or disparaging
words, acts or gestures in contempt of the
Government of Malta or of any person employed
or concerned in the administration of the
Government of Malta; or
(viii) imputes misconduct to a person employed or
concerned in the administration of the
Government of Malta; or
(ix) utters or otherwise expresses disparagement of
the Director or of any member of the Board, or
of any one of the Special Visitors mentioned in
article 8(5) of the Act or of the prison
administration, or uses any word or expression
tending or intended to bring into hatred, ridicule
or contempt, the Director or any member of the
Board or any Special Visitor or the prison
administration; or
(x) utters words or in any manner whatsoever does
anything which brings or has a tendency to bring
dissatisfaction among members of the prison
service or among the prisoners; or
( t ) any other breach of regulations, directions or orders,
that is to say, if he commits or attempts to commit any
other breach or of these regulations or of any direction
or order given thereunder.
Disciplinary 
procedures and 
fines.
103. (1) A prison officer who commits an offence against
discipline shall be subject to such disciplinary proceedings as may
be taken against him in pursuance of powers conferred by or under
the Constitution of Malta.
(2) All fines imposed in respect of offences against discipline
shall be recovered by stoppage from the offender’s pay due or to
become due and the amount so recovered shall not exceed in the
aggregate in any week one-seventh of the weekly pay of the
offender except in the event of the offender leaving the prison
service, when the whole amount of any fine then unpaid may be
deducted from any pay then due.
PART IV
The Prison Board
Functions of the 
Board.
104. The Board shall have the following functions:
( a ) to satisfy itself as to the treatment of prisoners, the
state of prison premises and the administration of the
prison;
( b ) monitor the administration of the prison disciplinary
system and inform the Minister of its findings; this
includes the authority to attend disciplinary hearings
42 [ S.L.260.03 PRISONS
of prisoners;
( c ) to advise the Minister on any matter relating to the
care and rehabilitation of prisoners, as well as to the
organisation and improvement of the prison and the
prison service, which the Minister may refer to it or
any ancillary matter on which the Board deems it
opportune to tender its advice to the Minister;
( d ) to advise the Minister on matters relating to work and
activity to be performed by prisoners;
( e ) to inquire into and report upon any matter which it
deems proper, or the Minister requests it, to enquire
into; and
( f ) to perform such other functions as are assigned to it
under these regulations.
Meetings and 
proceedings of the 
Board.
Amended by:
L.N. 127 of 1997.
105. (1) The Board shall meet at least once a month at
Corradino Prison or at such other place as the Board may from time
to time determine.
(2) Except where otherwise provided in these regulations, the
quorum for meetings of the Board shall be of half the number of
members plus one.
(3) The meetings of the Board shall be presided by the
Chairman or in his absence the Deputy Chairman or a member
appointed by the Board to preside the meeting.
(4) The Director may attend the whole or any part of a meeting
of the Board if so invited by the Board and shall give to the Board
any information it may require for the due exercise of its functions.
(5) Minutes of the proceedings and deliberations of the Board
shall be drawn up by the Secretary of the Board and the relative
Minutes Book shall be kept in his custody. Such minutes shall be
read and confirmed at the first meeting after the meeting to which
they relate, or any subsequent meeting, and shall be signed by the
Chairman or other member presiding the meeting at which they are
confirmed and by the Secretary.
(6) Evidence on oath in connection with a complaint or an
enquiry under these regulations may be heard by one or more of the
Board’s members as may be designated for that purpose by the
Board which shall also designate the member who will administer
the oath.
Visits and 
inspections by the 
Board.
106. (1) The Board shall visit and inspect the prison not less
than once a month and regularly see each prisoner either at his
place of work or confinement or in such other manner as the Board
deems convenient.
(2) If the Board so requests, such visits and inspections shall
be attended by the Director and any other prison officer or officers
designated by the Director.
(3) The prisoners shall be asked if they have any complaints to
make with regard to their treatment in the prison and any prisoner
wishing to make a complaint shall be heard in such part of the
prison as the Board may deem fit.
PRISONS [ S.L.260.03 43
(4) Neither the Director nor any other prison of ricer shall be
present while a prisoner is making a complaint before the Board.
The Director, however, shall be heard on any such complaint.
(5) The Board shall keep a record of all complaints made to it
by prisoners and its decision thereon, and shall, if it deems
necessary, take the sworn evidence of the complainant and of such
prison of fleers and other prisoners or other persons as the Board
may deem relevant. The oath shall be administered by the
Chairman or other member presiding.
(6) Unless it is evidently frivolous or groundless, every
request or complaint shall be promptly dealt with and replied to
without undue delay. 
(7) Where it is not considered practicable by the Board to
carry out a visit or an inspection under the foregoing provisions of
this regulation by all the members of the Board, a visit or an
inspection canted out by not less than three members designated for
such purpose by the Board shall be deemed a visit or an inspection
carried out by the Board, and the foregoing provisions shall apply
to any such visit or inspection in the same manner and to the like
effect as to one carried out by the Board. Any record kept by the
members carrying out such a visit or inspection and any complaint
received by such members shall be referred to the Board at its next
meeting and entered in the minutes, provided that if it is necessary
to hear any evidence on oath during any such visit or inspection the
oath may be administered by any one of the members conducting
the visit or inspection. 
(8) The members of the Board may also make such visits or
inspections either together or separately at any time, whether by
day or night, whenever they consider it desirable to do so. Such
visits or inspections may also be made without prior notice to the
Director. A report of such visits or inspections shall be made to the
Board at its next meeting unless the members carrying out the visit
or inspection consider to inform the Board earlier through the
Chairman.
Hearing of other 
complaints.
107. It shall also be the duty of the Board to hear and decide
upon, as soon as practicable, any request or complaint made to it by
a prisoner, or any person on his behalf, other than those made
directly to it or to any of its members during the course of a visit or
inspection.
Decisions of the 
Board.
Amended by:
L.N. 127 of 1997.
108. (1) The decisions of the Board shall be taken by a
majority of the members present and voting. In the case of an
equality of votes the Chairman shall have a casting vote in addition
to his original vote.
(2) The decisions of the Prison Board shall not be binding
upon the Director but it shall be the duty of the Director to take
serious cognizance of the recommendations of the Board following
a decision taken as provided in subregulation (1). Subject to the
provisions of subregulation (3), where the Director, or any other
prison officer acting on his behalf, is of the opinion that the
recommendations of the Board cannot be implemented for reasons
which are in the best interests of the prison administration, an
44 [ S.L.260.03 PRISONS
explanation in writing of these reasons shall, within one month of
the date of receipt of the Board’s recommendations, be forwarded
to the Chairman of the Prison Board and copied to the Minister, or
to a person delegated by him. The Minister, or the person delegated
by him, may confirm or vary the decision of the Director.
(3) Where the recommendation of the Board entails, in the
opinion of the Director, a security issue requiring strict
confidentiality the Director, within the period of one month
mentioned in subregulation (2), shall make a statement to this
effect to the Chairman of the Board and shall concurrently submit a
personal report directly to the Minister, or to the person delegated
by him, giving his own comments on the recommendation, together
with his opinion as to whether or not such recommendation should
be accepted. The Minister’s decision, or that of the person
delegated by him, shall be final and conclusive.
Official record of 
visits by Board or 
its members.
109. (1) The members of the Board shall make a note in the
official Visitors’ Book of every visit or inspection made by them,
with such remark as they deem proper in regard to the prisons and
the prisoners.
(2) The official Visitors’ Book shall be produced to the Board
at each monthly meeting and at such other times as the Board may
require.
(3) The Minister may request to examine the official Visitors’
Book and the minutes book of the Board.
Disqualification 
and abstention of 
members.
110. (1) No person having any interest in any contract for the
supply of goods or services to the prison shall be a member of the
Board.
(2) If any member of the Board is related by consanguinity or
affinity, up to the fourth degree inclusive, to any prisoner or has
any professional interest in any prisoner, other than as a member of
the Board, he shall forthwith make a declaration of such
relationship or interest to the Board and such declaration shall be
entered in the minutes. The said member shall thereafter abstain
from taking part in the proceedings and deliberations of the Board
on any question relating to such prisoner and from voting thereon.
(3) A member who absents himself without valid reason for
more than four consecutive meetings shall be considered as having
resigned his post.
Matters for 
Director’s 
attention.
111. The Board shall draw the attention of the Director to any
matter which calls for his attention and shall report to the Minister
any matter which it considers expedient to report to him.
Abuses in prison. 112. The Board shall inform the Minister immediately of any
abuse which comes to its knowledge and shall have power to
recommend to the appropriate authority the taking of disciplinary
action against any prison officer.
Inspection of food. 113. The Board shall arrange for the food of the prisoners to be
inspected by a member of the Board at frequent intervals.
Reports on 
prisoner’s health.
114. The Board shall inquire into any report made to it, or any
information otherwise coming to its knowledge, that a prisoner’s
PRISONS [ S.L.260.03 45
health, mental or physical, has been or is likely to be injuriously
affected by any conditions of his imprisonment.
Access to premises 
and records.
115. (1) The Board and every member thereof shall have
access at any time to every part of the prison and to every prisoner
and may interview any prisoner out of the sight and hearing of all
prison officers.
(2) The Board and every member thereof shall have access to
all prison records.
Annual report.
the end of each year concerning the state of the prison and its
administration and, generally, the carrying out of its functions.
PART V
Supplemental
Other persons 
employed in the 
prison.
117. Persons, other than prison officers, employed in the prisons
shall not hold any communication or have any direct contact with
any prisoner except by permission of the Director, and in such
cases the relevant provisions of these regulations shall apply to
them as they do to prison officers.
46 [ S.L.260.03 PRISONS
FIRST SCHEDULE
(Regulation 4)
PRISON COMMITTAL DOCUMENT
To the Director of Prisons:
The below-named individual is committed for confinement to the prison:
Name .................................................................... Age ........................................
Identity Card or Passport Number .........................................................................
Last Known Address .............................................................................................
..............................................................................................................................
..............................................................................................................................
Other particulars sufficient to establish the identity of the person admitted
..............................................................................................................................
This committal is made pursuant to order of Court
Name of Court ......................................................................................................
Name of Presiding Judge or Magistrate .................................................................
Date of Sentence or other order of Court ...............................................................
Details of conviction or other reason for committal ...............................................
..............................................................................................................................
Length of sentence or other measure restrictive on personal liberty
..............................................................................................................................
Signed this ..................... day of ..........., .........
Signature of Registrar
or other authorised officer
Form A - Registrar or other authorised officer
PRISONS [ S.L.260.03 47
PRISON COMMITTAL DOCUMENT
To the Director of Prisons:
The below-named individual is committed for confinement to the prison:
Name ......................................................................................... Age....................
Identity Card or Passport Number .........................................................................
Last Known Address .............................................................................................
..............................................................................................................................
..............................................................................................................................
Other particulars sufficient to establish the identity of the person admitted
..............................................................................................................................
This committal is made pursuant to competent authority other than a Court or the
Police
Name of Authority ................................................................................................
Reason for committal (indicate relevant provision of article 4 of the Prisons Act,
(Cap. 260)) ...............................................................................................................
..............................................................................................................................
Date of order of competent authority .....................................................................
Length of period for which person is committed to prison by such authority
..............................................................................................................................
Signed this ..................... day of ..............., ...........
Signature of Officer
authorised by the competent authority
Form B - Authority other than Court or Police
48 [ S.L.260.03 PRISONS
PRISON COMMITTAL DOCUMENT
To the Director of Prisons:
The below-named individual is committed for confinement to the prison:
Name ......................................................................................... Age....................
Identity Card or Passport Number .........................................................................
Last Known Address .............................................................................................
..............................................................................................................................
..............................................................................................................................
Other particulars sufficient to establish the identity of the person admitted
..............................................................................................................................
This committal is made pursuant to competent authority
Name of Police Officer .........................................................................................
Reason for committal (indicate relevant provision of article 4 of the Prisons Act,
(Cap. 260)) ...............................................................................................................
..............................................................................................................................
Signed this ..................... day of ..............., ...........
Signature of Police Officer
Form C - Police
PRISONS [ S.L.260.03 49
SECOND SCHEDULE
(Regulation 101)
STATUTE OF
THE PRISON OFFICERS ASSOCIATION OF MALTA
Title of Association
1. The Association shall be known as the "Prison Officers Association of
Malta".
Aims and Objectives of Association
2. The purpose of the Association is to bring to the notice of the competent
authorities all matters affecting the welfare and efficiency of the prison service;
other than questions of discipline, transfers, individual promotions and other matters
affecting individuals.
In particular the Association shall aim at:
( a ) the improvement of the conditions and circumstances of employment
and salary and generally the protection of the professional interests and
rights of its members,
( b ) the raising of the intellectual, moral and professional standard of the
members,
( c ) the cultivation and development of relations among colleague members,
and,
( d ) the rendering of benefits and financial aid to all members of the Prison
Service and their dependents according to criteria which will be defined
by all the members from time to time.
Affiliation with Bodies outside the Prison Service
3. The Association shall be entirely independent of, and unassociated with, any
body outside the prison service, but subject to the approval of the Minister
responsible for Prisons, may be affiliated to an internationally recognised
association of prison officers.
Membership of the Association
4. Every member of the prison service and every trainee in that service shall be
a member of the Prison Officers Association of Malta. No other person can be a
member of the Association.
Central Committee
5. (1) There shall be constituted a Central Committee comprising
representatives of all grades in the prisons service. The committee shall be composed
as follows:
( a ) one representative of the managerial grades
( b ) two representatives of the supervisory grades
( c ) four representatives of the senior correctional officers grades
( d ) seven representatives of the correctional officers grades.
(2) Two representatives of trainees shall be entitled to attend and participate
fully in the proceedings of the meetings of the committee, but without the right to
vote on matters of decisions.
50 [ S.L.260.03 PRISONS
Chairman and Vice-Chairman of the Central Committee
6. At its first meeting after the elections of the members, the Committee shall
elect by simple majority the Chairman and Vice-Chairman from among its members.
In electing the Chairman and the Vice-Chairman the representatives of the trainees
shall be entitled to vote. A vacancy in the membership of the Committee shall
immediately occur on the election of the Chairman. The vacancy shall be filled by
not later than the subsequent meeting of the Committee after the election of the
Chairman by co-option from the grade in the prison service that the person appointed
as Chairman had represented as member.
Secretary of the Central Committee
7. At its first meeting after the elections of its members, the Committee shall
appoint a secretary from among its own members. The secretary shall be entitled to
participate and vote in the Committee.
Duration of the Central Committee
8. The duration of the Committee shall be of two years from one election to the
next. Vacancies in the Committee shall be filled by co-option from the grades
represented by the vacating member by not later than the subsequent meeting of the
Committee after the vacancy occurs.
Elections of the Central Committee
9. (1) Every member of the Association shall have the right to elect and be
elected.
(2) Every member of the Association shall be entitled to vote in the election of
the Central Committee for the candidates in the grade in which the member of the
Association is employed in the prison service. Where there are not sufficient to make
up a Central Committee composed of fourteen members, the Committee shall,
notwithstanding paragraph 5(1) of this statute and subparagraph (4) of this
paragraph, be formed of such number as has been elected.
(3) The Director of Prisons shall appoint an election board comprised of one
representative from each grade to organise and supervise the election of the members
of the Association. Elections shall be held every two years. New elections for a
Committee shall be held by not later than the one month from the expiration of the
previous Committee's term of office. Elections of members shall be by secret ballot
and shall be held over a two-day period on dates fixed by the Director. The election
board will investigate any complaints of irregularities during elections and shall
decide as to the validity of the complaints and give remedial directives where and
when applicable. In such eventualities the decisions of the election board shall be
final and conclusive.
(4) Elections of members of the Central Committee shall be on the principle of
the highest or next higher number of votes obtained individually by each candidate
in respect of each group of grades represented in the Committee, as follows:
( a ) the candidate representing the managerial grade obtaining the most
votes
( b ) the two candidates representing the supervisory grade obtaining the
most votes
( c ) the four candidates representing the senior correctional officers grade
obtaining the most votes
( d ) the seven candidates representing the correctional officers grade
obtaining the most votes
PRISONS [ S.L.260.03 51
( e ) the two candidates representing trainees obtaining the most votes.
Decisions of the Central Committee
10. The decisions of the Committee shall be by consensus. Where in the opinion
of the Chairman a consensus is unobtainable, decisions shall be taken by a simple
majority of votes cast. "Votes cast" means votes of members of the Committee
voting for or against. The Chairman shall not be entitled to vote, except as a casting
vote in case of a tie. Quorum shall consist of half the elected members, including the
Chairman. In case of no quorum at the fixed time of the meeting the Chairman shall
give an extension of half an hour after which those present shall form a quorum. A
member who absents himself without valid reason for more than four consecutive
meetings shall be considered as having resigned and his post declared vacant.
Meetings of the Central Committee
11. The Committee shall meet at least once a month, but the Chairman may call
meetings at more frequent intervals.
Accommodation of the Association
12. The Director of Prisons shall make available free of charge reasonable
accommodation in premises provided for prison purposes for the Association to
carry out its functions efficiently and unimpeded. The Director shall provide, also
free of charge, such other assistance as is required for the proper function of the
Association.
Annual Conference
13. There shall be held annually a conference of all members of the Association
to be called the annual conference. The venue, date and duration of the conference
shall be fixed by the central committee. The annual conference shall adopt an agenda
at the beginning of each session on the basis of a draft prepared by the central
committee. The Chairman, Vice-Chairman and Secretary of the conference shall be
elected by a majority of votes cast at the beginning of the conference. Their terms of
office shall continue until the election of the next Chairman, Vice-Chairman, and
Secretary. Decisions of the conference shall be taken by a majority of the votes cast.
"Votes cast" means votes of members voting for or against. The Chairman shall not
participate in the voting, except when a tie results.
Subscriptions, etc.
14. (1) Subscription shall be payable by monthly contributions by each member
at the following rates:
Lm2.00 Assistant Manager
Lm1.75 Correctional Supervisor
Lm1.50 Senior Correctional Officer
Lm1.00 Correctional Officer
(2) The payment of the monthly contributions of each member can be deducted
from the salary of the member by a decision of the member following an
arrangement between the members and the Treasury Department.
(3) The rate of subscription may be revised on a recommendation by the Central
Committee, but shall be approved only at a session of the annual conference and
shall come into force on such a date as approved by the Minister responsible for
Prisons.
(4) Without prejudice to subparagraph (1), Association rules may make
52 [ S.L.260.03 PRISONS
provision in particular for the raising of funds by -
( a ) the borrowing of money;
( b ) the acceptance of donations from individuals or bodies; and
( c ) the sale of publications or other articles, and the receipt of commission
in connection with the sale thereof.
(5) Subject to the provisions of this Part, any funds so raised shall be dealt with
in accordance with Association rules and such directions as shall be made from time
to time by the central committee.
Expenses
15. (1) There shall be paid to the Central Committee out of the funds of the
Association such sums as the Central Committee shall determine. 
(2) Subject to paragraph 17 of this statute, any expenses incurred by or for the
purposes of the Central Committee or any sub-committee or other body appointed by
the Committee shall be defrayed out of the funds of the Association .
Accounts
16. (1) The Central Committee shall, in relation to the funds of the Association
held by the Committee, keep accounts showing all moneys received or paid out and
shall cause the accounts for each year to be audited by an independent auditor.
(2) The independent auditor shall be a person or a partnership holding the
warant of auditor under the Accountancy Profession Act (Cap. 281).
(3) After the end of each financial year a summary of the accounts for that year,
together with a copy of the independent auditor’s report thereon, shall be made
available to the Central Committee at the annual conference and sent to the Minister
responsible for Prisons and published, in a manner approved by the Central
Committee, for the information of members.
Use of the funds of the Association
17. (1) The funds of the Association shall not, without the consent of the
Minister responsible for Prisons, be used otherwise than for defraying expenses
incurred in accordance with the provisions of this Part.
(2) Association funds shall not be used -
( a ) to support a political party, or to promote, directly or indirectly, a
person’s candidature. in a Parliamentary, or local council election; or
( b ) to contribute to the funds of a political party or to a trade union or any
other body or organisation not being connected with the prison force or
its welfare or carrying out charitable work for the welfare of others.
ASSOCIATION RULES
Association Rules
18. (1) Subject to the provisions of this Part, rules made by the Central
Committee (in this Part referred to as 'Association Rules') may, in addition to
providing for anything which under the foregoing provisions of this Part may be
provided for or prescribed by such rules, provide for -
( a ) the objectives, functions and membership of any sub-committees and
other bodies appointed by the Central Committee;
PRISONS [ S.L.260.03 53
( b ) the proceedings of the said sub-committees and bodies;
( c ) the raising of funds for the purposes of the Association;
( d ) subject to paragraph 15 of this statute, the use to which funds may be
put;
( e ) the vesting of property and funds of the Association in persons
appointed as trustees for that purpose;
( f ) the making by the Association of standing orders for the purpose of
implementing any provision made by Association rules.
(2) Subject to subparagraph (3), Association rules shall be prepared in draft by
the Central Committee and submitted to the annual conference for approval.
(3) Where it appears to the Central Committee that the case is one of urgency, it
shall not be necessary to submit rules in draft to the annual conference for their
approval and it shall be sufficient for the rules to be approved by the Minister
responsible for Prisons in accordance with subparagraph (4); but in such case the
rules shall cease to have effect unless they are ratified at the next meeting of the
annual conference.
(4) After approval by the annual conference, Association rules shall be
submitted to the Minister responsible for Prisons for his approval, and shall not have
effect until approved by him.
