S.I. No. 320/1947 - Rules For The Government of Prisons, 1947.

1. PRISONERS ON REMAND OR AWAITING TRIAL.

I. Admission, Discharge and Removal.

189 Application of rules

189.

Rules 189 to 213 apply to any person in those rules referred to as a prisoner awaiting trial committed to prison for safe custody in any of the following circumstances :—

(

a

) While awaiting trial for any indictable offence.

(

b

) Pending the preliminary hearing before a justice of the District Court of a charge against him of an indictable offence, or pending the hearing of an information or complaint against him.

(

c

) Awaiting sentence.

(

d

) Aliens

not

under sentence who are detained under Aliens' Orders.

(

e

) On commitment to await extradition.

190 Bath

190.

A prisoner awaiting trial shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor decides that it is unnecessary, or the medical officer states that it is for medical reasons unadvisable.

191 Separation from each other

191.

In order to prevent prisoners awaiting trial from being contaminated by each other, or endeavouring to defeat the ends of justice, they shall be kept separate, and shall not be permitted to communicate together.

192 Separation from convicted prisoners

192.

Prisoners awaiting trial shall be kept apart from convicted prisoners, and while attending church and at other times shall, if possible, be placed so that they may not be in view of the convicted prisoners.

193 Power to modify routine

193.

The visiting committee may authorise the Governor to modify the routine of the prison in regard to any prisoner awaiting trial so far as to dispense with any practice which, in the opinion of the Governor, is clearly unnecessary in the case of that particular prisoner.

194 Application of prisoner's money

194.

Any money in the hands of the Governor belonging to any prisoner awaiting trial may be applied to the purpose of making special provision for him in cases where the prisoner is, by these rules, required to make any payment in respect of such special provision.

195 Use of books or papers

195.

The Governor shall, on the application of any prisoner awaiting trial, permit him to have any books, papers, documents, or other articles in his possession at the time of his arrest, which may not be required for evidence against him, and are not reasonably suspected of forming part of property improperly acquired by him, or are not for some special reason required to be taken from him for the purposes of justice or of prison discipline.

II. Food, Clothing and Bedding.

196 Power to procure food, clothing, or bedding

196.

A prisoner awaiting trial may procure for himself, or receive at proper hours, food and intoxicating liquor (other than spiritous liquors), clothing, bedding or other necessaries, subject to examination and to such rules as may be approved by the Minister ; and any articles so procured may be paid for out of the money belonging to the prisoner in the hands of the Governor. If a prisoner awaiting trial does not provide himself with food, he shall receive the allowance of food allotted to prisoners awaiting trial by the rules of the prison.

197 Prison dress

197.

A prisoner awaiting trial may, if he desires it, wear the prison dress, and he shall be required to do so if his own clothes are insufficient or unfit for use, or necessary to be preserved for the purposes of justice. The prison dress for a prisoner awaiting trial shall be of a different colour from that of convicted prisoners.

198 Disinfection

198.

When a prisoner awaiting trial is allowed by the rules to wear his own clothing in prison, the medical officer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothing be disinfected ; and thereupon the clothing shall be disinfected as speedily as possible, and during the progress of disinfection the prisoner may be required to wear the prison clothing prescribed for the class of prisoners to which he belongs.

199 Notice as to provision of food

199.

(1) If a prisoner awaiting trial prefers to provide his own food for any meal, he shall give notice thereof beforehand at the time required ; but the Governor shall not permit any such prisoner to receive any prison allowance of food for the meal for which he procures or receives food at his own expense.

(2) Articles of food shall be received by a prisoner awaiting trial only at such hours as may be laid down from time to time. They shall be inspected by the officers of the prison, and shall be subject to such restrictions as may be necessary to prevent luxury or waste.

200 Prohibition of sale

200.

No prisoner awaiting trial shall sell or transfer any article whatsoever allowed to be introduced for his use to any otherperson ; and any prisoner transgressing this rule shall be prohibited from procuring any such article for such period as the Minister deems proper.

III. Cleanliness and Health.

201 Hair-cutting

201.

A prisoner awaiting trial shall not be compelled either to have his hair cut or to shave a beard or moustache he usually wears except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness, and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness, regard however being had to the circumstance that untried prisoners while in prison shall not change their external aspect so as to impede identification, and that when brought to the bar for trial they shall retain as nearly as may be practicable the same external appearance which they had when committed.

202 Cleaning of rooms

202.

The beds of prisoners awaiting trial shall be made up and the rooms and yards in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Should any such prisoner object to perform any of these duties, they may be performed for him by an assistant provided under these rules.

203 Medical attendance

203.

If any prisoner awaiting trial who is out of health desires the attendance of his usual medical attendant or dentist, the visiting committee shall, if they are satisfied that the application is

bona-fide,

permit him to be visited by that medical attendant or dentist at his own expense. He may also be supplied with medicine at his own expense, proper precautions being in all cases observed to prevent abuse of these privileges.

IV. Books, etc.

204 Books, newspapers, etc

204.

A prisoner awaiting trial shall be permitted to have supplied to him, at his own expense, such books, newspapers, or other means of occupation, other than those furnished by the prison, as are not, in the opinion of the visiting committee, or in their absence, and pending their approval, in the opinion of the Governor, of an objectionable kind.

V. Employment.

205 Employment

205.

A prisoner awaiting trial shall have the option of employment, but shall not be compelled to perform any labour.

206 Allowance for earnings

206.

If any such prisoner is discharged such an allowance on account of his earnings, if any, shall be paid to the prisoner on his discharge, as the Minister may think reasonable due allowance being made for the cost of his maintenance in prison.

207 Facilities for carrying on usual employment

207.

So far as prison arrangements admit, facilities shall be given to prisoners awaiting trial to work and follow their trades and employments, and all earnings of any such prisoner, after payment thereout of such sum as the Minister may determine on account of the cost of his maintenance in the prison, or on account of the use of implements lent to him, shall belong to him.

208 Light in cell

208.

The Governor shall permit the light to remain burning in the cell of any prisoner awaiting trial to enable the prisoner to continue to read or write, or to work and follow his trade, until the final locking-up of the prison, provided any reasonable or satisfactory ground exists for the allowance of such privilege.

VI. Visits and Communications.

209 Visits

209.

(1) Due provision shall be made for the admission, at proper times and under proper restrictions, of persons with whom prisoners awaiting trial desire to communicate, care being taken that, so far as is consistent with the interests of justice, the prisoners shall see their legal advisers alone.

(2) Every prisoner awaiting trial shall be permitted to be visited by not more than three persons at the same time, for a quarter of an hour on any week-day, during such hours as may be appointed. Provided always that the Minister may suspend and withdraw the permission hereby granted in any case when he considers it necessary so to do for the purposes of the security, good order, and government of the prison and prisoners therein, or for the purposes of preventing any tampering with evidence, or any plans for escape, or other like considerations.

(3) The visiting committee may, in any special case, for special reasons, prolong the period of the visit allowed to any prisoner awaiting trial, or allow him to be visited by more than three persons at the same time.

(4) Every endeavour shall be made to provide that prisoners awaiting trial be not, when being visited, exposed to the view of the friends of other prisoners, and to prevent the friends of one prisoner from coming in contact with the friends of another while in the prison.

210 Communication with legal and medical adviser

210.

(1) A prisoner awaiting trial shall be allowed to see his legal adviser any week-day at any reasonable hour in the sight but not in the hearing of an officer.

(2) A prisoner awaiting trial shall if necessary for the purpose of his defence be allowed to see a registered medical practitioner appointed by his friends or legal adviser. Such visit may, on request, be in the sight but not in the hearing of an officer.

211 Communication for the purpose of bail

211.

A prisoner awaiting trial who is in prison in default of bail shall be permitted to see any of his friends, on any week-day at any reasonable hour, for the

bona-fide

purpose of providing bail.

212 Written communications

212.

Paper and all other writing materials to such extent as may appear reasonable to the Governor shall be furnished to any prisoner awaiting trial who requires to be so supplied for the purposes of communicating with friends or preparing a defence. Any confidential written communication prepared as instructions for a legal adviser may be delivered personally to him or his authorised clerk without being previously examined by any officer of the prison ; but all other written communications are to be considered as letters and are not to be sent out of the prison without being previously inspected by the Governor.

213 Application of general rules

213.

Prisoners awaiting trial shall also be subject to the general prison rules, except so far as they are inconsistent with the special rules relating to prisoners awaiting trial.

2. JUVENILE PRISONERS AWAITING TRIAL.

214 Classification

214.

(1) All prisoners under the age of 17 who are on remand or awaiting trial in these rules referred to as unconvicted juvenile prisoners shall be formed into two divisions, being classed by the Governor and chaplain :—

(

a

) Those who have not been in prison before and who are well-conducted in prison, who shall be kept separate from

(

b

) Those who have been in prison before, or who misbehave in prison.

(2) Any prisoner who declares himself to be more than 17 years of age, but who, in the opinion of the Governor, chaplain, and medical officer of the prison, should not, having regard to his character, constitution, and antecedents, properly be classed with adult prisoners, shall also be classed as an unconvicted juvenile prisoner.

215 Cell doors to be open in certain cases

215.

In order that confinement may be as little as possible oppressive, every unconvicted juvenile prisoner of tender years in division (

a

) shall be allowed to have his cell door open between the hours of 7 a.m. and 7.30 p.m., if the Governor, chaplain, ormedical officer is of opinion that this is necessary or desirable, the Governor being responsible that such precautions are observed as will ensure that a juvenile prisoner shall not be able to enter the cell of any other prisoners, and

vice-versa.

216 Exercise

216.

Every unconvicted juvenile prisoner shall be allowed two periods of exercise daily. This exercise shall consist of ordinary walking, or physical drill, or of garden work.

217 Instruction

217.

Every unconvicted juvenile prisoner shall be daily instructed by the schoolmaster for one hour in association, those in division (

a

) being kept separate from those in division (

b

).

218 Employment

218.

The Governor shall encourage every unconvicted juvenile prisoner to work either at his own trade or at one of the trades pursued in the prison. If employed on the latter, he shall be remunerated as laid down in Rule 206 for prisoners awaiting trial.

219 Library books

219.

The Governor shall select a special set of books to form a library for the use of unconvicted juvenile prisoners, picture books being provided for those who cannot read. The books should be approved by the chaplain.

220 Application of rules to females

220.

These rules shall apply, as far as practicable, to juvenile female prisoners under 17 years of age.

221 Application of general prison rules

221.

Unconvicted juvenile prisoners shall also be subject to the rules for prisoners awaiting trial, and to any general prison rules, except so far as they are inconsistent with the special rules for unconvicted juvenile prisoners.

3. JUVENILE OFFENDERS UNDER CONVICTION.

222 Classification

222.

(

1

) Every prisoner under the age of 17 shall be classed as a juvenile offender.

(2) Prisoners who have not been in prison before and who are well-conducted in prison shall be kept separate from those who have been in prison before or who misbehave in prison.

(3) Any prisoner who declares himself to be more than 17 years of age, but who, in the opinion of the Governor, chaplain and medical officer of the prison, should not, having regard to his character, constitution, and antecedents, properly be classed with adult prisoners, shall also be classed as a juvenile offender.

223 Prisons for juvenile offenders

223.

If the sentence is for one month or upwards, a juvenile offender shall be located in a prison in which accommodationis set apart for juvenile offenders. If the sentence is for less than one month, he shall be retained in the prison to which he has been committed, but be lodged in a part of the prison where he will be completely separated from the adult prisoners.

224 Separation from adult prisoners

224.

A juvenile offender shall take exercise, receive school instruction, and be seated in chapel, apart from and, if possible, out of sight of adult prisoners, with whom he shall not, on any occasion, be permitted to come into contact.

225 Mitigation of prison discipline

225.

In the case of a juvenile offender the ordinary prison discipline shall be mitigated in the following manner :—

(1) He shall be allowed special library books as well as books of instruction, from the time of his reception and throughout his sentence ;

(2) He may be employed in association with other juvenile offenders in workshops, or in outdoor work, such as gardening, &c.

(3) He shall, as far as possible, be instructed in a trade which may be useful to him on release ; and

(4) He shall, if medically fit, be exercised daily at physical drill in lieu of, or in addition to, walking exercise, with a view to his physical development.

226 Visits

226.

A juvenile offender may be allowed by the visiting committee to receive extra visits if, in their opinion, such visits are desirable and calculated to improve his moral welfare and future career.

227 Duty of chaplain as to juvenile offenders

227.

It shall be the duty of the chaplain to devote individual attention and care to the juvenile offenders, and, in co-operation with the visiting committee and a discharged prisoners' aid society, to make every possible provision for their protection and care on discharge.

228 Discharge of juvenile offenders

228.

Before a juvenile offender is discharged, the Governor shall inform his relatives and friends on what day and at what time he will be discharged, that they may have the opportunity of attending to receive him ; but if such relatives or friends are known to be bringing the young prisoner up in evil courses, then the Governor may, with the consent of the visiting committee, abstain from informing his relatives, if some other respectable person, to be approved by the visiting committee, is willing to take care of him, and the prisoner consents.

229 Application of general prison rules

229.

Convicted juvenile offenders shall also be subject to any general prison rules, except so far as they are inconsistent with the special rules for juvenile offenders under conviction.

4. PRISONERS BETWEEN THE AGES OF 17 AND 21 YEARS.

230 Location in special prison

230.

Prisoners between the ages of 17 and 21 may be collected in a prison or part of a prison set apart for the purpose, and be subjected to the following special rules.

231 Classification

231.

They shall be strictly classified, regard being had to their character and antecedents.

232 Separation

232.

Each class shall be kept apart from the other.

233 Employment

233.

They shall be employed in association in workshops or in outdoor work, such as farming, and they shall be specially instructed in useful trades and industries which may fit them to earn their livelihood on release.

234 Education

234.

Special attention shall be given to their education by instruction in the ordinary subjects of elementary education, by lectures and moral addresses, and by their being provided with library books and useful literature, which they shall be encouraged to read.

235 Discharge

235.

At a reasonable time before the discharge of any prisoner, arrangements shall be made with a discharged prisoners' aid, or other philanthropic societies, or benevolent persons, for the prisoner's future welfare.

236 Application of general rules

236.

They shall also be subject to any general prison rules, except so far as they are inconsistent with these Special Rules.

5. OFFENDERS OF THE FIRST DIVISION.

I. Admission and General Treatment.

237 Separation

237.

An offender of the first division shall be kept apart from other classes of prisoners.

238 Bath

238.

An offender of the first division shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor decides that it is unnecessary, or the medical officer states that it is, for medical reasons, inadvisable.

239 Searching

239.

Every offender of the first division shall be searched only by an officer specially appointed for the purpose.

240 Accommodation

240.

An offender of the first division shall be placed, as soon as possible after reception, in a room or cell appropriated to prisoners of his class, unless there is reason to believe that he issuffering from some infectious disease, in which case he shall be detained in a reception cell until he can be seen by the medical officer.

241 Power to procure special accommodation

241.

The visiting committee shall, on the application of any offender of the first division, if, having regard to his ordinary habits and conditions of life, they think such special provision should be made in respect of him, permit any such prisoner :—

(1) To occupy, on payment of a small sum fixed by the Minister, a room or cell specially fitted for such prisoners, and furnished with suitable bedding and other articles in addition to or different from those furnished for ordinary cells ;

(2) To have at his own cost the use of private furniture and utensils suitable to his ordinary habits, to be approved by the Governor ;

(3) To have, on payment of a small sum fixed by the Minister, the assistance of some person to be appointed by the Governor, relieving him from the performance of any unaccustomed tasks or offices.

242 Application of prisoner's money

242.

Any money in the hands of the Governor, belonging to any offender of the first division, may be applied for making special provision for him in respect of which payment is by these rules required to be made.

II. Food and Clothing.

243 Diet

243.

(1) An offender of the first division shall be permitted by the visiting committee to supply his own food on giving due notice beforehand, at the time required ; but the Governor shall not permit him to receive any prison allowance of food at any meal for which he procures or receives food at his own expense.

(2) Articles of food shall be received for offenders of the first division only at such hours as are fixed for the purpose. They shall be inspected by the officers of the prison, and shall be subject to such restrictions as may be necessary to prevent luxury or waste.

244 Intoxicating liquor

244.

An offender of the first division shall not during any period of 24 hours receive or purchase more than one pint of malt liquor, fermented liquor, or cider, or half a pint (8 ozs.) of wine. Spirituous liquors shall not be permitted.

245 Clothing

245.

(1) An offender of the first division shall be permitted by the visiting committee to wear his own clothing, provided that it is sufficient and is fit for use. The prison clothing for anoffender in the first division who does not wear his own clothing shall be distinctive of the division to which he belongs.

(2) When an offender of the first division is allowed to wear his own clothing in prison, the medical officer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothing be disinfected ; and thereupon the clothing shall be disinfected as speedily as possible, and during the process of disinfection the prisoner may be required to wear the prison clothing prescribed for the class of prisoners to which he belongs.

246 Sale of articles

246.

No offender of the first division shall be allowed to sell or transfer any article whatsoever, allowed to be introduced for his use, to any other person.

III. Cleanliness.

247 Hair-cutting

247.

An offender of the first division shall not be compelled either to have his hair cut or to shave a beard or moustache which he usually wears, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness, and the hair of the prisoner shall not be cut closer than may be necessary for the purposes of health and cleanliness.

248 Cleaning of cells

248.

The beds of offenders of the first division shall be made up and the rooms and yards in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Should any such prisoner object to perform any of these duties, they may be performed for him by an assistant provided under these rules.

IV. Books, etc.

249 Newspapers and books

249.

An offender of the first division shall be permitted to have supplied to him at his own expense such books, newspapers, or other means of occupation, other than those furnished by the prison, as are not, in the opinion of the visiting committee, or in their absence and pending their approval, in the opinion of the Governor, of an objectionable kind.

V. Employment.

250 Employment

250.

Offenders of the first division shall not be required to work, but they may be permitted (

a

) to follow their trades and professions, if practicable, (

b

) by their consent to be employed on the industries of the prison. In the former case, if they findtheir own implements, and are not maintained at the expense of the prison, they shall be allowed to receive the whole of their earnings, but the earnings of those who are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the Minister, for the use of implements, and the cost of maintenance. In the latter case they shall be entitled to earn such remission of sentence and gratuity as the rules allow.

VI. Visits and Communications.

251 Letters and visits

251.

(1) An offender of the first division shall be permitted to be visited twice a week by not more than three friends or relations at the same time for a period of a half an hour during such hours as may be appointed. He shall also be allowed to write two letters and to receive two letters in each week.

(2) The visiting committee may, by permission in any special case for special reasons, prolong the period of the visit allowed to any offender of the first division, or allow additional visits or letters to such reasonable extent as they deem advisable.

(3) The place in which offenders of the first division receive their visits shall not be the same as that in which other prisoners receive their visits, if any other suitable place can conveniently be provided.

252 Application of general rules

252.

Offenders of the first division shall also be subject to any general prison rules, except so far as they are inconsistent with the special rules relating to offenders of the first division.

6 OFFENDERS OF THE SECOND DIVISION.

253 Separation

253.

An offender of the second division shall, as far as possible, be kept apart from other classes of prisoners.

254 Bath

254.

An offender of the second division shall, on reception, be required to take a bath, unless on application, the Governor decides that it is unnecessary, or unless the medical officer states that it is, for medical reasons, inadvisable.

255 Diet

255.

An offender of the second division shall receive the allowance of food prescribed for offenders of the first division who do not maintain themselves.

256 Hair-cutting

256.

An offender of the second division shall not be compelled either to have his hair cut or to shave a beard or moustache which he usually wears, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness ; and his hair shall not be cut closer than may be necessary for the purposes of health and cleanliness.

257 Cleaning of cells, etc

257.

The beds of offenders of the second division shall be made up and the rooms and yards in their occupation shall be swept and cleaned, by them every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged by them.

258 Clothing

258.

An offender of the second division, unless permitted to wear his own clothes, shall wear prison clothing distinctive of the division to which he belongs.

259 Employment

259.

An offender of the second division shall be employed at prison work and thus be afforded facilities for earning, by industry, such remission of sentence and gratuity as the rules allow.

260 Letters and Visits

260.

An offender of the second division shall be permitted to be visited once a week by not more than three friends or relations at the same time, for a period of twenty minutes during such hours as may be appointed. He shall also be allowed to write one letter, and to receive one letter in each week. After three months in custody visits may be of thirty minutes' duration.

261 Application of general rules

261.

An offender of the second division shall also be subject to any general prison rules, except so far as they are inconsistent with the special rules relating to offenders of the second division.

7. OFFENDERS OF THE THIRD DIVISION.

262 ..

262.

Offenders of the third division will be treated under the general rules for the government of ordinary prisoners.

8. PRISONERS IMPRISONED FOR DEFAULT IN PAYMENT OF A DEBT, OR IN DEFAULT OR IN LIEU OF DISTRESS TO SATISFY A SUM OF MONEY ADJUDGED TO BE PAID BY A COURT OF SUMMARY JURISDICTION, OR IMPRISONED FOR CONTEMPT OF COURT (hereinafter referred to as " DEBTORS OR CONTEMPT OF COURT PRISONERS.")

I. Admission and General Treatment.

263 Separation

263.

A debtor or contempt of court prisoner shall not be associated with criminal prisoners.

264 Bath

264.

A debtor or contempt of court prisoner shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor shall decide that it is unnecessary, or the medical officer shall state that it is, for medical reasons, inadvisable.

II. Food and Clothing.

265 Diet

265.

A debtor or contempt of court prisoner shall receive the allowance of food prescribed for offenders of the first division who do not maintain themselves.

266 Clothing

266.

A debtor or contempt of court prisoner shall be permitted to wear his own clothing, unless it is unfit for use. The prison clothing for a debtor or contempt of court prisoner who does not wear his own clothing shall be distinctive of the division to which he belongs.

III. Cleanliness.

267 Hair-cutting

267.

A debtor or contempt of court prisoner shall not be compelled either to have his hair cut or to shave a beard or moustache which he usually wears, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness ; and the hair of such prisoner shall not be cut closer than may be necessary for the purposes of health and cleanliness.

268 Cleaning of cells, etc

268.

The beds of debtors and contempt of court prisoners shall be made up and the rooms and yards in their occupation shall be swept and cleaned by them every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged by them.

IV. Employment.

269 Employment

269.

A debtor or contempt of court prisoner shall be required to work, either at his own trade or profession provided his employment does not interfere with the regulations or arrangements of the prison, or at work of an industrial or manufacturing nature, and he shall be allowed to receive the whole of his earnings subject to a deduction for the cost of his maintenance, and for the use of implements when furnished by the prison.

V. Remission and Stage.

270 ..

270.

The general rules relating to remission of sentence shall not apply to debtors or contempt of court prisoners.

VI. Health.

271 Exercise

271.

Debtors or contempt of court prisoners may be permitted to exercise in the forenoon and afternoon of each day during such periods as the circumstances of the prison may allow, and during the same periods they shall be permitted to associate together in an orderly manner.

VII. Visits and Communications.

272 Letters and visits

272.

A debtor or contempt of court prisoner shall be permitted to receive a visit of twenty minutes' duration and also to write and receive one letter in each week, and the visiting committee may, for special reasons, prolong the period of the visit allowed to any such prisoner or accord additional visits or letters to such reasonable extent as they may deem advisable. After three months in custody visits may be of thirty minutes' duration.

273 Visits from legal adviser, etc

273.

In applying to a debtor or contempt of court prisoner, Rule (64), any request from the legal adviser, wife, husband, or relative of such prisoner to visit the prisoner is to be granted at any reasonable hour of the day.

274 Place of visits

274.

The place in which debtor or contempt of court prisoners receive their visits shall not be the same as that in which criminal prisoners receive their visits, if any other suitable place can conveniently be provided.

275 Application of general rules

275.

Debtors or contempt of court prisoners shall also be subject to any general prison rules for the government of the prisons, except so far as they are inconsistent with the special rules relating to debtors or contempt of court prisoners.

9. APPELLANTS.

276 Application of rules

276.

The following rules shall apply to prisoners who have entered an appeal against a conviction or sentence by a Court—hereinafter called " appellants."

277 Production in Court

277.

(1) Any appellant who when in custody is to be brought to any place at which he is entitled to be present for the purpose of the hearing of an appeal shall, while absent from the prison, be kept in the custody of the officer directed by the Governor of the prison to convey him to that place.

(2) Any appellant, when absent from prison under this rule, shall wear his own clothing. Should his own clothing not be in a fit condition he shall be supplied with clothing from prison stocks.

278 Gratuities

278.

If an appellant is ordered to be released by a Court he shall be paid a gratuity at the appropriate rate provided he has worked during the period he was in custody awaiting the hearing of his appeal.

279 Visits from legal and medical advisers

279.

(1) An appellant shall be allowed to see his legal adviser on any week-day at any reasonable hour in the sight but not in the hearing of a prison officer.

(2) An appellant shall, if necessary, for the purposes of his appeal be allowed to see a registered medical practitioner appointed by his friends or legal adviser, in the sight but not in the hearing of an officer.

280 Letters

280.

(1) Writing materials, to such extent as may appear reasonable to the Governor, shall be furnished to any appellant who requires them for the purposes of preparing his appeal.

(2) An appellant shall be permitted to write such letters to his legal adviser as may be necessary for the prosecution of his appeal.

(3) Any confidential written communication prepared as instructions for his legal adviser may be delivered personally to him or his authorised clerk without being previously examined by an officer of the prison ; but all other written communications shall be treated as letters and shall not be sent out of the prison without being previously inspected by the Governor.

281 Application of General Rules

281.

Appellants shall also be subject to any general prison rules, for the government of prisons, except so far as they are inconsistent with the special rules relating to appellants.

PART IV. REVOCATION OF EXISTING RULES.

282 ..

282.

All previous rules respecting the conduct of ordinary and convict prisons and all previous rules respecting the treatment of particular classes of prisoners are hereby revoked.

GIVEN under my Official Seal this 16th day of September, 1947.

GERALD BOLAND,

Minister for Justice.

The Government hereby approves of the foregoing Rules.

GIVEN under the Official Seal of the Government this 24th day of September, 1947.

SEÁN F. LEMASS,

Tánaiste.

1947. No. 320.

RULES FOR THE GOVERNMENT OF PRISONS, 1947.

I. Gerald Boland, Minister for Justice, in exercise of the powers conferred by the Prisons (Ireland) Acts, 1826 to 1907, the Penal Servitude Act, 1891, the Prisons Act, 1898, and the Criminal Justice Administration Act, 1914 (as adapted by the General Prisons Board (Transfer of Functions) Order, 1928 (

S. R. & O. No. 79 of 1928

), and in consequence of the enactment of the Constitution), and of every and any other power me in this behalf enabling, hereby make the following rules :—

PART I. PRELIMINARY.

1 Short title and interpretation

1.

(1) These rules may be cited as the Rules for the Government of Prisons, 1947.

(2) In these Rules the expression "the Minister" means the Minister for Justice.

(3) The

Interpretation Act, 1937

(No. 38 of 1937) applies to these Rules.

PART II. GENERAL RULES FOR THE GOVERNMENT OF PRISONS.

STATUTORY RULES AND ORDERS. 1947. No. 320.

RULES FOR THE GOVERNMENT OF PRISONS, 1947.

TABLE OF CONTENTS.

PART I.

RULES

PRELIMINARY

1

PART II.

GENERAL RULES FOR THE GOVERNMENT OF PRISONS

(1) Application of Part II

2

(2) Accommodation

3

to

6

(3) General Treatment :—

(I)

Admission, Discharge and Removal

7

to

21

(II)

Prohibited Articles

22

to

24

(III)

Food, Clothing, Bedding

25

to

33

(IV)

Cleanliness

34

and

35

(V)

Classification and Remission

36

to

40

(VI)

Employment

41

to

45

(VII)

Health

46

(VIII)

Religious Instruction

47

to

53

(IX)

Secular Instruction

54

to

58

(X)

Visits and Communications

59

to

65

(XI)

Offences and Punishments

66

to

71

(XII)

Corporal Punishment—Carrying out of Court Order

72

and

73

(XIII)

Restraints

74

to

78

(XIV)

Prisoners under sentence of death

79

to

81

(4) Staff :—

(I)

Prison Officers generally

82

to

114

(II)

Governor

115

to

149

(III)

Female Officer in charge

150

to

154

(IV)

Chaplains

155

to

171

(V)

Medical Officer

172

to

188

Part III.

SPECIAL RULES FOR PARTICULAR CLASSES OF PRISONERS.

(1)

Prisoners on Remand or Awaiting Trial—

(I)

Admission, Discharge and Removal

189

to

195

(II)

Food, Clothing and Bedding

196

to

200

(III)

Cleanliness and Health

201

to

203

(IV)

Books

204

(V)

Employment

205

to

208

(VI)

Visits and Communications

209

to

213

RULES

(2)

Juvenile Prisoners Awaiting Trial

214

to

221

(3)

Juvenile Offenders Under Conviction

222

to

229

(4)

Prisoners between the Ages of 17 and 21 years

230

to

236

(5)

Offenders of the First Division :—

(I)

Admission and General Treatment

237

to

242

(II)

Food and Clothing

243

to

246

(III)

Cleanliness

247

and

248

(IV)

Books

249

(V)

Employment

250

(VI)

Visits and Communications

251

and

252

(6)

Offenders of the Second Division

253

to

261

(7)

Offenders of the Third Division

262

(8)

Debtors or Contempt of Court Prisoners :—

(I)

Admission and General Treatment

263

and

264

(II)

Food and Clothing

265

and

266

(III)

Cleanliness

267

and

268

(IV)

Employment

269

(V)

Remission and Stage

270

(VI)

Health

271

(VII)

Visits and Communications

272

to

275

(9)

Appellants

276

to

281

Part IV.

REVOCATION OF EXISTING RULES

282

STATUTORY RULES AND ORDERS.