118 tal-1995

SuppfinKn' ta/·Gazun" raJ-Gvtm fQ' Malla, NnI, 16,/59, I fQ' ~nt'mbnl. 1995.

Taqslfna

A.L. 118 1.1' 1- 1995

REGOLAMENTI TA' L-1995 DW AR IL-HABS

Arrangamcnl tar.RegolamentJ

TAQSIMA I

I' rdlmlna ri

(I) The se regu la tio ns may be cited as the Pri son CkMIoo. ...

Regulations, 1995.

1bese regulations s hal l come inlo force on suc h date as

(2)

the Minister responsible for Prisons may by notice in the Gazelle

establish. and different dales may be so established for different

provisions and different purposes thereor.

(Regulation 4)

PRJSON COMMITIAL DOCUMENT

To the Director of Prisons

The below-named individual is committed for confinement to the prison

N'mo' _____________________

A~

Identity Card or Passport Number _ _ _ _ _ _ _ _ _ _ _ _ __ _

~tKnownAdd~ "

Other particulars sufficien t to cstablish the identity of the person admiucd _ _

This committal is made pursuant to order of Co urt

NameofCoul't _____________________________________ _

Name of Presiding Judge or Magistratc _ _ _ _ _ _ _ _ _ _ _ _ __

Dale of Sefllence or ()(her order of Court _____________ __

Details of conviction or other reason for oommillal _ _ _ _ _ __ _ _ _ _

Length of sentence or other ~asure restrictive on personal liberty _____ _

Signed Ihis ____________ day of ____________ " 199 __ __

Signature of Registrar

or other au thorised offi cer

Form A - Registrar or other authorised omcer

PRISON COMMl'ITAL DOC UMENT

To the Director of Prisons

1be below-named individ ual is committed fo r confinemenllO the prison

N~

A~

Ide ntity card or Passport Number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Last Known Address _ _ __ _ _ _ _ _ __ _ _ _ _ __ _ __

Other particulars sufficient to establish the identity of the person admined _ _

This commiual is made pursuant 10 competent authority other lhan a Coun or the

Police

Name of Authority _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _

Reason for co mmittal (ind icate re levant provision of section 4 of the Prisons

ACI.(Cap. 260» __________________________________ _

Date of orde r of competent a uthorit y _ _ _ _ _ _ _ _ _ _ _ _ _ _

Le ngth of period for which person is committed to priso n by s uc h autho rity _

Signed this _ _ __ _ _ day of __________ ~. 199 __ __

Signature of Officer

a uthori sed by the compete nl authority

Fonn B - Authority Other Than Court or Police

PRlSON CO~tM]1TAL DOCUMENT

To the Director of Prisons

The below·named indi vidunl is committed for confineme nt to the prison

N""" _ _ _ _ _ _ _ _ _ _ Ag' _ _ _ _ _ _ _ _

Identity Card or Passport Number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Last Known Address _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _

Other paniculan; sufficient 10 establish the identity ofthc pason admilled __

This comminal is made PUI$UMI to competent authority

Nllme of Police Officer· _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _

Reason for COmmillal indicating relevant provisKln of section 4 of the: Prisons

Act. (Cap. 260), _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signed this _ _ _ _ _ _ day of _ _ _ _ __

• 199' _ _

SignamR: of Police Officer

Yonn C- PoUce

B

( I) 1llesc regulntions shall apply to the institution hitherto "pp!' Mimor

known as the Corradino Prison and, so far as practicable, to aIty other ~7';=

place, building or pan of a bu ilding declared 10 be a prison under the

Prisons Act. and in these regu1at.ions the word "prison' shall be construed

accordingly

Provided !hat where a police ]ock. up has been declared 10

be a prison. these regUlations shall not apply to any person as is referred

10 in paragraph (c) subsection (2) of section 4 of that Act who is confined

in that lock-up.

In these regulations. unless [he context ()(herwise

(2)

requm:s-

"Act" means the Prisons Act;

"Board" means the Board of Visitors of lhe Prisons referred

10 in section 8 of the Act;

"cellula r confi nement"' includes solitary confinement as

provided in subsection (4) of section 9 of the Criminal Code;

"Director" means the Director of Prisons and includes. 10

the extent of the authority given. any ()(hcr public officerauthorlsed

in that behalf by such Director with tne Minister's tlpproval for

Ihru period of time as the Minister decides

"Minister" means the Minister responsible for the prisons and

includes. to theexlenl oflheauthority given. any pelWn authorised

in that behal f for any purpose of these regulations;

"near relative" means

the spouse, or any ascendant. descendant, brother

(a)

or sister of the prisoner,

(b) any ascendant. descendant, brother or sister of the

prisoner 's spouse,

(c) the spouse of an asce ndant. descendant. brother or

sister of the prisone r. o r

(d)

with the approval ofllle Minister, any other person

with whom the prisoner has had an established rel:uio nship

prior to hi s curre nt admission in the prison comparable in

significance to those in paragraph (a) hereof;

"uncollvicted prisoncr" illcludes a convicted prisoner where

the e~ecuti on of the sentence ha.~ been stayed ac:cording 10 law

pending an appeaL as well as an y 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;

"Tribu nal " means the Appeals Tribunal referred to In

Regulation 78.

(Regulation 100)

STATUTE

OF

THE PRISON OFFICERS ASSOCIATION OF MALTA

Title of Association

I. 1lIe Association shall be known as the " Prison Officers Association of Malta".

Aims and Objectives of Association

The purpose of the Association is to bring to the notice of the competent

2. authorities all mattel5 affecting the welfare and efficiency of the prison service: ()(her

thanquestions of discipline, transfers. individual promotions and other matters affecting

individuals.

In particular the Associatio n shal l ai m at:-

(a) the improvement of the conditions and circumstances of employment

and salary and generally the protection of the professional interests and rights o f

its members,

the raising of the inlelleclUaI. moral and professional standard of the

(b)

members.

(c)

the cultivatio n and development of relations among colleague members,

and,

the rendering ofbcnefilS and fi nancial aid to all members oCme Prison

(d)

Service and their dependants according to criteria which will be defined by a1llhe

members (rom time to time.

Affiliation with Bodits outsidt t~ Prison Strvict

3. The Association shall be entirely independent of, and unassociated with, any

body outside the prison service, but SUbject to the approval oflhe Minister responsible

for Prisons, may be affiliated to an internationally recognised association of prison

officers.

Mtmbtrship of tht 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 ()(het person can be a

member of the Association.

Cenlra/ Committu

5. ( I ) There sha ll be constituted a Central Commillee compris in g

representatives of all grndes in the prisons service. lbe committee shall be composed

as follows :-

(a)

one ( I ) represenl:ative of tbe manage ri al grades

two (2) representatives of the supervisory grades

(b)

(c)

four (4) representlltives of the senior correctional officers grades

(d)

seven (7) re presen tatives of the correctio nal officers grades

(2) Two (2) representatives of trainees shall be entitled to attend and

panicipate fully in the proceedings orlhe meetings of the committee. but without the

right to vote on matters of decisions.

Chairmtlll and Vice-Chairman oJ Ihe Central Committee

At its first meeting after the elections of the members. the Commiuee shall

6. elect by simple majority the Chai nnan and Vicc-Chai nnan from among ilS members.

In electing the Chairman and the Vice-Chainnan the representatives of the tnlinees

shall be entitled [0 vote. A vacancy in the membership of the Committee shall

immediately OCCUf on the election of the Chairman. The vacancy shall be filled by not

later than the subsequent lneeting of the Commim:e after the election of the Chainnan

by co-option from the grade in the prison service that the person appointed as Chainnan

had represented as member.

Secretary 0/ the Celflral Committee

7. At its first meeting after the elections of its members, the Committee shall

appoint (I secretary from among its own members. The secretary shall be entitled to

panicipate and vote in the Committee.

Duratjon o/the Cefllral Commjttee

8. The duration of the Comminee shall De of twO (2) 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 lllter than the subsequent meeting of the

Commiuee after the vacancy occurs.

Elections o/the Central Committee

9. ( I) Every member of the Association shall have the right to elect and be

elected.

B ""

(2) Every member of the Association shall be entitled to vote in the election

of the Cenlral Comminee for the candidates in the grade in which the member of the

Association is employed in the prison service. Where there IlteDO( sufficient candidates

to make up a Central Committee composed of fourteen (1 4) members. the Committee

shall, notwithstanding subparngrnph ( I)of paragraph 5 of this statute and subparagraph

(4) of Ihis paragrap h, be fonned 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 (2) years. New elections for a

Committee shall be held by not later Ihan the one ( I) month from the expinnion ofllle

previous Committee's tcnn of office . Elections of members shall be by secret ballO!

and shall be held over a two-day period on dates fixed by the Director. The election

board will investigate any complaints ofirreguiarities during elections and shall decide

as to the vaJidity of the complaints and give remedial directives where and when

applicable. In such eventualities the decisions ohhe election board shall be final and

conclusive.

(4) Elections ofmcmbers of !he Central Comrnince shall be on the principle

of the highest or next higher number of votes oblained individually by each candidate

in respecl of each group of grades represented in the Comminee. as follows:-

(a)

thecandidate representing the managerial grade obtaining the most vOles

(b) the two (2) candid!lIes representing the supervisory grade obtaining

the most votes

(c) the four (4) candidntes representing the seniOf correctional officers grade

obtaining the most votes

(d) the seven (7) candidntes representing the colRCtional officers grade

obtaining the most votes

(c)

the two (2) candidates representing trainees obtaining the most votes.

Decisions 0/ the Cemrat Commilttt

10. The decisionsoftheCommittee shall be by consensus. Where in theopi nion

of the Chainnan a consensus is unobtainable, decisions shall be taken by a simple

majority of votes cast. "Votes cast" means votes of members of the Committee vOling

for Of against. The Chairman shall nol be entitled to VOle, except as a casting vote in

caseof a tic. Quorum shall consist ofhalftheelected members. including the Chairman.

In case of DO quorum at the fixed time of the meeting the Chairman shall give an

c1ttension of half an hour after which those present shall fonn a quorum, A member

who absents himself without valid reason for more than four (4) consecuti ve meetings

shall be considered as having resigned and his post declnred vacant.

Meetings of the Central Committee

11 . The Commillee shall meet at least once a month. but the Chairman may call

meetings at more frequent intervals.

AccommOOotion of IIIe AssociatiQn

12. The Director of Prisons shall make available free of charge reasonable

accommodation in premises provided for prison purposes for the Association to carry

o ul its functions e ffi cie ntl y and unimpeded. The Director shall provide. aL'iO free of

charge. such other assistance as is required for the proper function or tlle Association.

Annual Con/ertnce

13. There shall be held annually aconference of all members of the Association

10 be called the annual conference. The venue, date and duration of the conference

shall be fixed by the cent ra! committee. The annual conference shaD adopt an agenda

81100 begi nning of each session o n lhe basis ofadrafi prepared bythecentrnl committee.

The Chai nnan. Vi ce-Chainnan and Secretary of the conference shall be elected by a

majority of votes cast at the beginning of the conference. 1beir tenns of offi ce shall

continue until the election of the next Chainnan. 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. TheChainnan shall not participate

in the voting. except when a tie results.

Subscriptions, ete

14. (I) Subscription shall be payable by monthly contributions by each member

at the follow ing rates:-

Lm2.00

Assistant Manager

LmL75

Correctional Supervisor

Lml .50

Senior Correctional Officer

Lm 1.00

Correctional Officer

1be payment of the monthlycontriblllions of each membercan be dedocted

(2)

fro m the salary of the member by a decision of the member following an arrnngemcnt

between the members and the Treas ury Department.

The rate of subscription may be revised on a recommendation by the

(3)

Central Committee. bul shall be approved only al 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 ( I) hereof. Associatioo rules may make

provision in particular for the raising of funds by .

B 'J(J1

(a) the borrowing of money

(b) the acceptance of donations from individuals or bodies; and

(c) the SIlIe ofpublic8lionsorotherarticks. and the reoeiptof commission

in connection with the sale thereof.

Subject 10 the provisions of this Part, any funds so raised shall be

(5)

dea11 with in accordance with Association rules and such dircaions as shall be made

from lime to time by the ccntnll committee.

1.5. (I) There shall be paid to theCentnl.l CommittceOUI orthdund$ oflhc

Association such sums as the Central Commitlce shall delenrune.

(2) Subject 10 paragraph 17 of this statute, any expenses incurred by or for

the purposes of the Central Committee or any suiH:ommiltee or other body appointed

by the Committee shall be defrayed out of the funds of the Association .

AccouflU

( I) The Central Commiltce shall, in relation 10 the funds oftheAssociation

16. held by the Committee. keep accounts showing all moneys reoei~ed or paid OUI and

shall cause the !MXX)UDlS for cach year to be audited by an independent auditor.

(2) The indepcnden,auditor shall be I person or a pannership bolding the

wanmt of auditor under the Accountancy Profession Act (Cap. 281).

(3) Afterthe end of each financial year a summary of the accounts for that

year, together with a copy of the independent auditor's report thert:OO, shall be m3de

available to the Central Commillee aI the annual conference and senllo the Minister

responsible for Prisons and published, in a manner approved by the Central Committee.

for the inronnation or members.

Use of /he funds of/he Associa/iorl

17. (I) The runds or the Association shall not, wilooullhe coosenl of lhe

Minisfer responsible for PriSOM, be used otherwise than ror ddraying expenses incurred

in accordance with the provisions of Ihis Pnrt.

Association runds shall not be used ·

(2)

10 ~ppon a political party. or 10 promote. directly or irxIirectly, a person 's

(a)

candidature. in a parliamentary. or local council election : or

.""

(b) to contribute 10 the funds of a political pany or 10 a trade union or any

Ofher body or organisation n(M being connected with the prison force or its welfare

or carrying out charitable work for the welfare of others.

ASSOCIATION RULES

Association Rules

18. (I) Subject to the prov isions of this Pan. rules made by the Central

Commiuee (in this Part referredtoas 'Association Rules') may, in addition 10 providing

for anything which under the foregoing provisions of this Pan limy be provided for or

prescri bed by such rules, provide for·

(a) the objectives, fuoctions and membership of any sub-committees and

OIher bOOies 3ppoinled by the Cenlral Committee;

the proceedings of the said sub-committees and bodies;

(b)

(c)

the raising of funds for the purposes of the Association

(d)

subject to paragraph I S of this SUUule, the use to which funds may be

put;

(c) the vesling of propeny and fun ds ofthcAssocialion in persons aplX'inted

as trustees for that purpose

<0 the making by the Association of standing orders for the purpose of

implementing any provision made by Association rules.

(2) Subject 10 subparagraph (3) hereof, Association ru les shall be prepared

in draft by the Central Committee and submitted to lhe annual conferena: for approval.

(3) Where it appears to the Central Committee that the case is one of

urgency, it shall not be necessary 10 submit rules in draft to the an nual 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) hereof: bul in such case

the ru les shall cease to have effect unless they are rat ified at the next meeti ng 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,

D<p""_'

of In/",ma/ion - Kuruj<l

lppubbliu. ",id.o;portl, .... , LI' ~lnform""jooL; _ K .. ,it;' - 1'uI>Ii<Md b,,~

t.!iLbu&ll n. j"ompcrijo Lll-Q •• rn _ f'riMN M,h, Go>W'ltmrn' f'Wuin, Pffa

Pra:r: 69c - I'ria MIc

( I) In the application of these regUlations the foll owing

basic principles and treatment objectives shall at all times be observed

(a) 1be ai m ofthc ~ regulations is 10 instill in prisoners a

sense of discipline and responsibility and. so far as possible. to

enable lhem 10 refonn their character while undergoing lheir

pu nishment according to low with the dignity and respect due 10

the human person. 10 educate them about the impact of crime on

their victims. families and commun ities. and to improve their

prospect of successful resettk:mc:nt in society after release: and

(b) The: depri vation of libeny, by the keeping of a person

in prison. is a punishme nt in itsel f and the conditions of that

deprivation of liberty and the prison's regime shall not be

aggravated except as required for justifiable segregation or tne

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, polidcal or other opinion, national or social birth.

economical or other status.

PARTU

pruoo."

( I)

No person shall beconfined in a prison without a valid .ad ; ; .-.1

comminal document dul y signed by an authorised officcr of the court ~;. .. ~

orother compelcolauthol'ily giving the sentence or 01 der for .weh person

to be so confined , or. in the case of person arrested for an offe nce, by a

police officer nO( below the rank. of Inspector.

The committal doc ument shall be in the (a nn set out

(2)

in the Fin;! Schedule to these regulations and shal l stale the particulars

required therei n.

(3) All committal documents shall be preserved by the

Director with the personal records of each prisoner.

The Director shall fonhwith infonn the Minister of

(4)

any case in which a person undereigtueen ( 18) years of age is admitted

to prison.

(5) The Director shall forthwith infonn the Minister of

any case in which a prisoner has beeD detained or kept under arrest in

prison for more than fony-eight (48) hours without his being brought

before a court.

(6) The prisoner shall be re leased from prison between

nineteen ( 19) and twenty-two (22) hours of the last day of the ex piration

of his term of imprisoomenl.

( I ) On admission 10 prison. prisoners shall be assisted,

as fllr as practicable. to resolve their urgent personal problems.

On suc h admissio n every prisoner shall have the right

(2)

to infonn of his imprisonment. through the DilttCor, his spouse. if he is

married. or his nearest relative or any other person indicated by him. If

he does not wish 10 do so no person shall be informed of his

imprison ment unless there are over-riding reasons such as the age. stale

of mind or other incapacity of the prisoner.

Unconvicted prisoners shall be give n fac ilities 10

(3)

contact a legal adviserortheirchoice and to apply. where necessary, for

free legal aid.

( I) Every prisoner,on admission to a prison and therealkr

whcnever dee med necessary, shall be searched in such manner and by

such prison officials as the Director deems lit.

(2) The searching of a prisoner shall be cond ucted with

due regard to decency and self.respect and in as seemly a manner as is

consistent wi th the rnx:essity of discovering any concealed article.

A prisoner may be required by the Director to disrobe

(3)

in ordcr lO be searched as provided in paragraph (4) hereor. The prisoner

may during such search require the presence or another available prison

officer.

(4) <a) The Director may order I search, including a

visual inspection of body cavities, for the purpose of asccnai ning

that the prisoner is not carrying any prohibited anicle.

(b) The Director may in writing oroer that a digital

or instrumental inspection oflhe prisoner's anal or vaginal cavities

for the purpose of ascertaining whether a prisoner is canying any

prohibited anicle therein, and may likewise order any reasonable

tesI. or procedure 10 asccnain 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.

The Director shall keep a register of any search ordered

(5)

under paragraph (4) hereof. indical.ing tbe.ein the prisoner searched

and the reasons for ordering the search, as well as the results of such

search.

Any search of the: person shall be conducted by a

(6)

prison officer of the same sex, in a private place, and out of sight of

others.

(I) A register of every admission into and release from Parti<ulan

prison and a personal record of each prisoner shall be kept by dE Director d pri.....-

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 persona1 records,

including the recoo1s of the prisoner's property, shall be sec~ly kept

in the custody of the Director. Their contents shall nOl be divulged to

any person exccpt 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 fu lfilment of any internationa1 obligation assumed

by the Government of Malta.

A prisoner may, either on his aclmission or at any lime

(S)

thereafter. be interviewed by the Diredoron 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 10 the prisoner by the Director

or by any prison officcr relating to the commission ohny offence other

than an offence against discipline under these regulations.

(6) For the purposes of regulation 2 and subparagraphs (a),

(b) and (c) of paragraph ( I) of regulation 6 1, 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. Oaims

by the prisoner to have an established relationship with a person, other

than his spouse, asce ndant. descendant, brother or sister, comparable in

significance wi th those of the nlltLlre of a near relat ive, shall be made

through a sworn confinnalion of such relationship by the prisoner.

NOlwithstanding such claims, the Minister may order that invcstigations

be canied o ut by trusted persons into such re lationships in order 10

funhcr verify and establish the nature and strength of the bond between

the prisoner and that ()(her person.

( I) An unconvicted prisoner may keep, if he has them

w ith him on his admi ssion 10 prison, or have supplied 10 him at hi s

expense and retain for his own use, books, newspapers, writing materials

and other means of occupation. unless this is objectionable 10 the Director

on the grou nds that they arc: not C(lmpatible 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 10 the Police 10 be

dealt with according to law. If any other effects in the possession of !I

prisoner are ofll perishable or dangerous nature they shall, on the order

of the Dim:(oc, be destroyed. If a prisoner brings into the prison any

medicines the DirectOl" shaJl decide what use shall be made of the m

IIfter obtaining the advice oflhe Medical Officer.

(3) Anything. other than money. nOl falling under the

preceding paragraphs. whether brought by the prisoner himself or sent

or brought to hi m for his use while in prison. which the prisoner is. for

any reason. nOl allowed [0 retain by the Director. shall be withdrawn

from him by lhe Director and shall be recorded in the prisoners' effects

inventory which the prisoner shall be required to sign after being given

a proper opponunity 10 see thaI il 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 becredited with the amount in the books

of the prison until his release.

(5) If a prisoner requests that IIny money or property

falling under paragraphs ( I). (3) or (4) be handed over [0 a relaliye or

friend. the Director shall give efTect to such a request against a receipt

by the said relative or friend. provided that the said relative or friend is

nOI a prisoner.

The prisoner shall be given a receipl for any money

(6)

and effects withdrawn from him and shall give a receipl lo tOe Director

when they are returned 10 him.

(7)

Any anicle belonging 10 a prisoner which remains

unclaimed fora 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-carn organisarion or victims fund approved by the Board.

(8) The Director may confiscate any unauthorised anicle

found in the possession of a prisoner,

(I) Without prejudice 10 the provisions of subsection (2) NoIiIi • ·of

of section 55 1 of the Criminal Code, Ira prisoner dies. becomes seriously =..Inf>O(Cf<IC.

iu, oc sustains any serious injury. the Director shall aI once inform any

person previously designaled by the prisoner for such purpose.

(2) A prisoner shal l be informed at once of [he death or

serious illness or injury of any near relative.

( I) A prisoner required 10 be taken in custody anywhere kw .. , .. 01

outside a prison shall be. kept in the custody of prison or police: officers. p1Kn M.

A prisoner required 10 be. taken in custody loany coun

(2)

shall be allowed to wear his own cloching Of clothing different from the

dress worn at the prison.

The uanspon of prisoners, in conveyances with

(3)

inadequate ventilation Of light. or which may in any way subject them

to unnecessary physical hardship or indignity. shall be prohibited.

When prisoners art; being moved to or from a prison

( 4)

Of from one prison to another, proper safeguards shall be adopted to

protect thcm from insult and curiosity.

u.

As soon as possible after admission

( 1)

(a) fu ll reports shall be compiled and relevant infonnation

shall be collected about the personal situation of a prisoner

including his family life and his educational background; and

(b) 11 training progr(lmme for each prisone r with (I

sentence of suitable length. in preparation fOf ululllIlle release. shall

also bedrawn up. so faras possible in consultation with the relevant

staffand the prisoner himself and consistently with the aims listed

in paragraph ( I) of regulation 3 and the management needs of the

prison .

(2) The trai ning 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 10

their age, personality and general background.

(3)

The said reports and infOnnalio n shall always include

reportS by the Medical Officer and the personnel in direct charge of the

prisoner concerned.

(4) The reports and infonnation concerning prisoners

shall be maintained with due regard 10 confidentiality on an individual

basis, shall be regularly kept up lo-date and shall be "CCfl,lIibJe only to

authorised persons.

The Board shall advise the Director generally on

(S)

training programmes which may be pursued by prisoners.

Rapponi, infonnazzjoni 1I programrn ta ' tallrig

(I) In anoclU.ing prisoners 10 different prisons, or 10

different sections or divisions of • prison. or 10 different prison regimes.

due account shall be taken of their judicial and legal situation and due

distinction shall be made between the following

(a)

male and female prisoners

unconvicted a.nd convicted prisonc~;

(b)

(c)

prisoners sentenced to detention and other prisoners;

(d) prisoners under twenty-one (21) years of age and

prisone~ over that age;

(e) prisoncrssentenccd to imprisonment fOf lbc first time

and those sentenced more than once: and

<0

short-k.nn and long-tenn prisoners.

Due regard s hall also be had to any specia l

( 2)

requirements of the tmining programmes dmwn up for prisoners and of

their medical needs.

(3) Male and female prisoners shall.. as far as possible,

be kepi: in separule 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 parngmph (7) of this regulation shall apply.

(4) Prisoners under Iwenty-.one (21) years of age shall be

kept under conditions which take account of the needs of their age and

protect them from hannful infl uences.

As far as it can reasonably be done

(5)

(a)

unconvicted prisoners and prisoners sentenced to

detention shall be ke pt oul of contact with other prisonel1i;

(b) prisoners who by reason of their criminal record or

their personality may exercise a hannful influence shall be kept

separate from. and out of contact with other prisoners; and

(c) prisoners se ntenced to mo rc than one ( 1) year

imprisonment shD.lI be kepi separnte from those undergoing shorter

sentences.

(6) Nothing in this regulation shall require a prisoner to

be deprived unduly orllle society of other persons or prevent prisoners

who are 10 be kept separate from, or out of contact with. others, from

taking pan, unde r supervision. in organised activities beneficial 10

prisoners fonning part of an aulhorised training programme.

(7) If the prison receives both male and female prisoners

the whole of the premises allocated to either sell: shall be kept entirely

separate and have a separate entrance and uit. If the re is an

intercommunicating door th e key shall be kept in the exclusive

possession of the Dircctorand, when he is nol present., in the possession

of an officer authorised by hi m. Admissions, searches, medical

ell:aminations and interviews or ocher procedures required or permitted

under these regulations shall take place in the section of the prison

allocated to tbe prisoner concerned according to se,,", and any medical

attention needed shall be given in the same section.

(I) There shall be established. with the approval of the S)"IICtnd

Minister, a system of privileges appropriate to the differe nt methods of pri.lltt<l.

treatment and to the different classes of prisoners, including unconvicted

prisoners. Such privileges shall incl ude arrangements and limitations

under which prisoners may purchase in prison articles pennilted by the

Director to be sold therein, and under which they may keep a perwnal

radio or other particular objects in their cell.

(2) Any privilege may be withdrawn by the Director al

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 77.

A right given direcdy to prisoners by these reg ulations

(3)

shall 001 be treated as a privilege granted by the Direclor by vinue of

the powersdelega.ted undcrlhis regulation. and may be forfeited. stopped

o r postponed only as a punis hment for an offence against discipli ne in

so far as such punishment is contemplaled under these regulations.

( I ) Prisoners serving a sentence of imprisonment for a

term of more than one ( I) month may; o n the ground of industry and

good conduct , eam a remission in accordance with the provisions of

this regulation . provided that this regulation shall not pennil the

reduction of the term of imprisonment 10 less than thiny one (3 1) days.

(2)

l1Ic remission earned, if any. under this regu lation

shall not exceed one third of the total of

(a) the term of a senteocc of imprisonment as reduced

under secti on 22 orllle Criminal Code. and

any period during which the acc used was kept in

(b)

custod y. prior 10 conviction, for the offence or offences for which

the prisoner was imprisoned.

(3) for the purposes of establishing the amount of

remission that may be earned by prisoners under this regulation there

shall be approved by the Minister a system under which remission may

be eamed by prisoners and awarded by lhe Direclor or by a person

authorised by him forth is purpose. Such system shall take into account,

amongst ocher things. a prisone r's perfonnance at work. at training.

durin g educational and rehabilitation programmes, and the prisoner's

general overall good conduct. It shall always be the responsibility of

the Directorto ensure that remission is awarded fairly and according to

objective criteria.

(4) This regu lation shall have effect SUbject 10 any

disciplinary award of fotfeiture of remission and shall nOl 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 entcred in

the registe r at regular intervals of not more than one (\ ) month. 1bc

Director shall communicate lo each prisoner at reasonable intcrvals the

amou nt of remission awarded to him.

(6)

Any prisoner who feels aggrieved by the non -award

10 him of remission or by the amount thereof awarded 10 him under this

regulation may, within five days, appeal 10 the Appeals Tribunal which

shall, after hearing the Director, the prisoner and such other pcfSOns as

it may deem necessary, either confirm or vary the decision of the

Dircc1or. The decision o rlhe Tribunal shall be final.

(I) The Director shall eslablish a timetable setting out "......- .,tt

the routine 10 be followed by prisoners during exh day o f the week . ............

including the hours reserved for work, meals, study, exercise and

recreation.

(2)

The timetable shall distinguish clearly between the

working days of the prison and Sundays. public holidays and other days

and hours during whi ch woric is not carried OUI in prison. The limetable

shall also dearly indkate the time of opening and locking o f cells,

distinguishing between the summer and winter months. and allOwing

an extra bourbcfore locking up forthe summcr months. Such timetable

shall also comply with the provisions of regulation 28.

( I) Every prisonc:rshall be providcd. as soon as possible "'", q.

after his admission inlO prison with information, in printed or other up

suitable form, about those provisions of the se regulations and other

IlWleTS which it is necessary that he should know in order to understand

his rights and obligw:ions and to adapt to the life of the institution,

includ ing. panicularl y, disciplinary requirements and the prison

timetable.

Prisoners who art foreign nationals and to whom a

(2)

treat y or anangement betwccn Malta and their country regarding the

tnlnsfer 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 arrangcment.

(I ) Every request by a prisoner to see the Director, the ~ 'QI77

Board or a member thereof, and any complaint made by a prisoner, :'~w!..

shall be recorded by the prison officer to whom it is made and promptly

passed on to the Director.

The Dircctor sha.ll, wi thout undue delay, sec prisoocrs

(2)

who have asked to see him and take cogni7.ancc of any request or

complaint made to him,

Where a prisoner has asked to sce the Board or a

(3)

memberthcreoLthc Director shall ensure lhal the Board orlhe member

is told of the request on their next visit 10 the prison.

Prison officers in di rect contact with prisoners. shall,

(4)

at their request , supply prisoners with an appropriaJe fonn awrovtd by

the OirecIor for the pwposc of making requests. complaints or petitions.

Prisoners may. however, submit any request. complaint or petition in

any other proper written form and even verbally.

( I ) If (l prisoner so requests the Director Illay interview

him without anyorhcr person being ~nl .

(2) If a prisoner 50 requests the Board and any members

thcrnof m3y interview him without the Director or any ()(hcr person

being present

(3)

Every prisoner shall be o.IlowOO 10 make a request Of

complaint to the Director, 10 the Board or to the Minister, or 10 petition

the President of Mall a. OfIO an internlltionally recognised human rights

body, under confidential cover.

(4) Every request, complaint or petition oh prisonershall

be dealt with and replied 10 without undue delay.

Physical welfare a nd work

( I) Every prisoner shall be lodged in an individu31 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 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.

Where accommodation is shared it shall be occupied

(3)

by prisoners suit3blc to associrue 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

particulllr all skeping accommodation. shall meetlhe 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 Ill. any time wi th a prison officer.

In all places where prisoners are required 10 live 01' work

(a) lhe windows shall be such as 10 enable the prisoners to

read or work by nlltural light in normal oonditions and shall be so

constructed that lhey can allow the entrance of fresh air, and shall.

wilh due regard to security requirements, presenl in their size,

location and construction as normal an appearance as possible

artificial light shall satisfy recognised lechnical sUlndards

(b)

and, as regards the cells, shall be capable of being dimmed lit night

in such 11 way as to permil5upervision.

Every prisoner shall be provided with a separate bed and 8<.\110 ...

separate bedding approprillte for wllrmth Ilnd health, which shall be

kepf in good order and changed often enough to ensure ilS cleanliness

in accordance with the orders of the Director.

(a) The Minister may direct that sentenced prisoners CkAI ....

( I)

be provided wi th an outfit of clothing thllt may be of (l 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

paragraph (2) of regulation 10, 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 il 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.

All clothing shall beclean and kept in neal and proper

(3)

condition and shall be changed and washed as often as necessary for

the maintenance ofhygienc in accordance with the orders of the Director.

(4) When prisoners have permission to go outside the

prison. lhey may be allowed to wear their own clothing or other

inconspicuous clothing,

(S) On the admission of prisoners adequatcarrangements

shall be made 10 enSUR: that their personal clothes are kepi: in good

condition and are returned to them on their release, unless it hll5 been

found necessary 10 destroy or otherwise dispose ofthc m. in which case

suitable al ternative clothing shall be provided.

(6)

The clothin g provided under Ihis regul ation shall

include sui table protective clothing for use at work, where this is needed.

(7)

In this regulation "clothing" includes footwear.

(I) Prisoners shall be required 10 kccp Ihc:irpersons clean,

and 10 this end they shall be provided with such toilet articles as are

needed for health and cleanliness. which anic les s hail be repl aced as

necessary.

(2) Adequlllc bathing and shoWering insla11ations shall

be provided so that every prisoner may be enabled and, unlessothcrwise

di~ed by the medical officer. required 10 have a bath QC sho~r. at a

temperature suitable 10 the climate, on ad mission, and thereafter as

freq uentl y as the Director or the Medical Officer may deem necessary

for general hygiene. according to the season blll in any case 81 lease

once a week.

(3) Each cell shall be provided with a washhand basin

wi th running water and with a toilet. If there is no flushing equipment

each prisoner shall be allowed to have a sufficient quan tity of water for

keeping the toilet clean.

Proper toilet facil ities shall also be provided in other

(4)

pans of the prison.

(5) All pans of the prison shall be properly maintained

and kept scrupulously clean at aU times by prisoners detailed 10 such

service by the Director.

(6) Prisoners slmll keep their cells and the articles issued

for their use clean and nelUly arranged and shall obey all such orders as

may be given by the Director for this purpose.

( I ) Male prisoners shall be required, unless excepted or

excused by the Director or the Medical Officer, 10 shave daily.

(2) Male prisoners. nO( excepted or excused by Ihe

DireclOr or the Medical Officer. shall have thei r hai r cut as frequently

as necessary for neatness bUI. subject to the need for maintenance of

appropriate discipline and hygienic standards. they shall be allowed a

reasonable choice in the se lection of their own hairstyles Dnd personal

grooming provided that uncon victed prisoners and prisoners sentenced

10 detentio n s hall nO( be required to have their hair c ut o r any beard or

moustache usually worn by them shaved off except where the Medical

Officer directs this 10 be done for the sake of health or cleanliness.

(3) The Director shall engage a s uitably trained person

10 carry out the duties of barber.

A wo man prisoner's hair s hall nO( be cut without her

(4 )

consent except where the Medical Officer certifies in writing that this

is necessa ry for the sake of health or cleanliness.

Prisoners sentenced to imprisonment shall be provided

( 1)

at the DOnnal times with food which is suitably prepared and presented. roo,h" pi;. *.~,

and satisfies in qua lity and quantity modem standards of diet and

hygiene , and whic h lakes into account the age. sex, and health of the

prisoners. the nature orltleir wort and so far as possible, their religious

or cultu m! requirements.

(2) The Director shall regularly inspec( food provided (0

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 recommen<la(ion of the Medical Officer.

The provisions of (his regulation shall also apply to

(3)

uncon victed prisoners and prisoners sentenced 10 detention. provided

that the Director may establish a system under which such prisoners

may be supplied with reasonable amount of food at their own ellpense

or al the ellpense of their famil y. In no case can such food be passed to

other prisoners without the pennission of the Director.

No prisoner sentenced to imprisonment shall be

(4)

allowed, ellcept as authorised by the Direc(oror by the Medical Officer,

to have any food other than that ordinarily provided.

In this regulation "food"' includes drinking water.

(S)

(I) On every occasion on which a prisoner refuses his Rrf,...,HoocL

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 he

as ked to countenlign each entry of any such occurrence. During any

period of refusal of food by any prisoner the book shall be inspected

and signed dail y by the Director and the Medical Officer.

(2) If the refusal of food lasts (or more than twenty four

(24) hou~ the Director and the Medical Officer shall seek 10 persuade

the: prisoner. without the use of force or other means of constraint, to

resume eating. and if he pcrsislS in such refusal for a further period of

mote than fony eight (48) hours, they shall infonn a member of his

family or a relative, if known. and in the case of any foreign nati onal

who is not known 10 tL3vc any relative in Malta. the diplomati c or

consular representative of his country. if any. in Malta.

(3) In the carrying out of their duties under the I n.~t

preceding parngraph, the Director and the Medical Officer shall. if the

refusal of food persists beyond fortyeigtu (48) hours, also seek the

assistance of the Prison Boru-d, lhe Olaplain and any other officer who

attends to welfare duties at the prison.

( I) No prisoner shall be allowed to have any into;o;icating

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 10 smoke or 10 have any

tobacco except as a privilege under regulation 13 of these regulations

and in accordance with an y orders of the Director.

(3) TIle Director may designate certain areas ofthc prison

as no-smoking areas.

(4)

No person shall smoke in a no-smoking ma.

(1) Prisoners not engaged in outdoor work shall be given

ellercise in the open air for not less than a toral of ODe hour. each day. if

weather permits

Provided that exercise consisting of physical training may

be given indoors instead of in the open ai r.

(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.

(I) Subject to the following provisions of this regulation.

prisoners sentenced to imprisonment shall be required. subject to the

needs of security. discipliDe and good order. 10 do useful work for not

more than fifty hours a week in accordance with the treatment objectives

oflhc prison regime and their training programme. regard being had 10

their age. sex. fitness and. so far as practicable. their personal skills and

wishes in relation 10 the type of work available at the prison .

Arrangements shall be made 10 allow prisoners 10 work. where possible.

outside the ~lIs. and in association with one IUlOther. No unneL:eSSDry

work shall be required 10 be done on Sundays and public holidays.

No work shall be of an afflictive nat ure.

(2)

(3) 100 Medical Officer may excusea prisoner from work

on medical grounds. and no prisoner shall be set to do work wh ic h is

not of a kind for which he has been passed by the Medical Officer IS

being fit.

(4) Except as may be a uthorised 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 10

detention shall be pctmlued, if they so wish, to work as if they were

senlenccd 10 imprisonment.

(6) Prisoners shall be remunerated for their wod: at such

rates as may be approved by the Minister.

1be Minister may establish a sySlem whereby a

(7)

prisoner is required to allocate such earnings forthe following purposes

support for his fami ly,

(I)

(b)

compensation for victims of crime,

(c)

a savings fund 10 be handed to him on his

release, and

(d)

the prisoner's personal requirements.

(8) The work. perfOUled in prison shall,so far as possible,

be carried out under conditions comparable to similar wart outside the

prison. Due safety and health precautions shall be ensured by the

Director.

( I ) A prisoner. whether required or pcnnitted to work, P," me

who is exempted from wod: by the Medical Officer on health grounds r .... -"

or who for any rellWn pennitted under these regUlations, other than as a

consequence of a punishme nt for an offence against discipline, is not

given work by the Director. shall receive such weekly allowance as the

Minister may direct.

(2)

Paragraph (7) of reg ulation 29 shall apply 10 the

all owance received under this regulation.

Mtdkal StTVk:e

( I) A prison medical service shall be organised in

consullotion wi th the Minister responsible for health and shall include

the se rvices of registered medical practitioners who shall have the care

of the heal th of prisoners. TItcse services shall in cl ude daily visits to

the prison for such number of hours as the proper carrying out of their

duties may require and for o n call duties at all Olhe rlimes ofthc day or

nighl.

(2) The Director shall designate onc of the medical

praclili0nef5 as the Medical Officer of the Prison. Such officer shall be

I'CSponsible for the co-ordination and managemenl of the prison medical

service:.

(3) The prison med ical sc;rv icc shall provide for

specialised services from among those available without charge to the

commu nity outs ide prison for diag nosis and in proper cases. thc

trc8l1nent of an y illness. whether physical or mental, or of drug abuse

or addiction. It shall be the duty of the Medical Officer to makc use of

such services whenever advisablc.

7hc: servicesofaqualified dental surgeon who forms

(4)

pan of the dental services availabk without charge to the community

outside prison. shall also be available arleast once a week at the prison.

There shall be kepi at the prison a properly equipped

(5)

infirmary for the care of any prisoAerwho. in the opinion of the medical

practitioner in charge, does not require hospitalis;uion outside prison

but should nOl be kept in his cdl . The Director shall cngage the services

of a pharmacist and of the required qualified nurs ing and paramedical

personnel. Such services shall be Bltachcd to the infirmary. under the

din::clion of the Medical Officer. Separate lUT'.tllgements shall be made

for male and female priSOOCB.

(6) Sick prisoner! who, in the opinion of the medical

prnctitioner in chrugc, need treatment outside prison shall be trnnsferred

to a specialised institution or 10 a general hospital. as the case may

require. subject to the provisions of any law relating 10 menIal health

and to admission 10 a menial instituti on.

The Medical Officer shall ioronn the DiltClor if he

(7)

suspects any prisoner of having suicidal intentions. and such prisoner

shall be placed under special observation.

The Medical Officer shall ensure the care of the a.......

(I)

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 sic!:: prisoners. those who repon illness or

injury, and any prisoner who may require medical attention.

(2) The Director shall ensure that the name of every

prisoner who requeslS medical allcolion is entered in a register 10 be

kept for the purpose and that such register is inspected and signed by

the Medical Officer daily.

(3) (a) The Medical Officcr shall report to the DiltCtor

whenever he considers thaJ: a prisoner's physieal or mental health

has bet:n or will be adversely affeeled 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 Direclor by the Medical Officer, under whose direction steps

shall be taken to treat me condition and 10 prevent its IJ'anSmission

loothen.

(4) Prison officers shall direct the Medical Officer's

attention to any prisoner who may appear not 10 be in good health

although nOl complaining of sickness or whose slale of mind may appear

deserving of special notice and care.

(I) (a) Every prisoner shall. as soon as possible after MrrlWd

admission, and prior 10 his release, be separately e,.;amined by a ·· .........

medical praClitionerofthe prison medical services. A record is 10

be entered of the slate of health of the prisoner and other necessary

particulars in a register kepI for lhe purpose.

When a prisoner is admilled 100 late 10 be

(b)

examined on lhe sam;: day he shall be examined as soon as possible

on the ne,.;t day and in any case within twenty four (24) hours of

admission

Provided that the Director shall ensure (hat a

prisoner is immediately cllamined upon his admission by the

Medical Officer if the prisoner himself so requests or if suc h

examination is ordered by the Attorney Ge neral or by any court.

A prisoner shall not be removed 10 another priso n if the

(2)

Medical Officer certifies that he is not fit for such removal.

(3)

The medical practitioner on du ty shall inform the

Director and the prisoner's religious representative when the sickness

orcondition of any prisoner appears to him to give: rise 10 the possibility

of loss of li fe .

(4) The medical practitioner on duty shall also auend to the

Deeds of any prison officer who, while on dUly, appears 10 be in need of

medical anent ion.

(I)

The Medical Office r shall regularly advise the

DireclOr on

(a) the quantity. qual ity. prcpanttion and serving o f food

and waler;

(b)

the hygiene and cleanliness of the prison and prisoners;

(c) the sanitation, heating. lighting, and ven tilation of the

prison; and

(d) the suitability and cleanliness of the prisoners' clothing

and btdding.

(2) The Medical Officer shalt 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.

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 IIOl concur with it he shall immediately submit a

personal report and the advice of the Medical Officer to the Minister.

Prisoners may not be sub mitted to any medical

(I )

experiments.

(2)

No serious operation shall be performed in prison

except by, orwith the advice of. aCQnsullanl surgeon unless the urgency

of the circumstances otherwise tcquires.

The medical services of the prison shall seek to detect and MI!~:_::!:e:.ku:::'

shall treat any physical or mental illness or defect or drug-related 1nl .. " ..........

condition which may affect a prisoner's well being in prison or which

may impede a prisone r's re-settlement after re lease. All necessary

medical, surgical and psychiatric services available without charge 10

the community outside prison shall also be provided to the prisoner.

(I) In the case of female prisoners wit h child,

arrnngcmcnts sh:tll be made for prenatal crue and for the ir transfer 10 a

hospital for their confinemenc and the delivery of the child.

(2) The child of a female prisoner may be received and

kepi in the prison in order 10 be taken care o( by the said prisoner until

the child is one year old. Arrangements shal l be made for the proper

care and safety of a child kept in prison whenever the child is nOl: 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 thal the child is

born therein shall not be mentioned in the: act of birth and onl y the

name of the locality withi n which the prison is sited shall be mentioned.

(I) The Medical Officer shall ensure that the prison MOiIkIIIP.oi:mb.

medical service keeps proper medical records for each prisoner, and

such otherrecords as may be neccssnry including the times ofanendance

of m:dical practitioners, all examinations, inspections and visits carried

out., all prescriptions and omen: issued, any advice given to the Director

relating to any prisoner or prison officer. The stocks of medicines and

medical equip ment, and generally of all mallers relevant to the

perfonnance of the duties pertaining 10 the prison medical service.

(2) An records under this regulll1ion 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 [hat as regards the med ical records of prisoners

the provisions of paragraph (4) of regulation 7 shalL mutatis mutandis,

apply,

(3) In the event or lhc death of any prisoner the Medical

Officer shall, without prejudice to the provisions of s ubsection (2) of

section 55 1 of the Criminal Code, e nter into a special registe rto be ke pt

by him all the necessary details concerning the death, the date, time and

nalure of an y antecedent illness or inj ury, and the result of the autopsy

camed out according to law.

Religious and moral assislance

So far as practicable, every prisoner shall be allowed to

satisfy the needs of his religious. s piritual and moral life by attending

the services or meetings provided in the institution and to have in his

possession any necessary books or literature.

(I) On his admission, a prisoner shall declare 10 the

Director lhe religion or the religious denomination 10 which he belongs,

and such declararion shall be recorded in the register of admission,

The prisoner's dcclarntion shnJI be ame nded by the

(2)

Director, if so requested by the prisoner. unless such a req uest is

frivolously made. In such a case the prisoner shall be counselled on the

Issue.

( I) 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 sufficienl number of prisoners

of the same religion. a qualified representative of that religion shall be

appointed or arrangements shall be made wi th a qualified representative.

( I) A religious representative appoi nted or approved

under regulation 42 shall be allowed 10 hold regula r services and

activities and to pay pastoral visits in private 10 prisoners of his religion

at such times as may be fi xed by. or agreed wit h. the Director.

(2) Reasonable access 10 a religious representative shall

nm be refused to a prisoner during such times as may be filled or agreed

to by the Director. If any prisoner should objecllO a visit of any religious

representati ve, the prisoner shall be allowed to refuse it.

Amtngemeol5 shall be made SO as not 10 require prisoners (JI

..

to do any unnecessary work on their recognised days of religious

observance.

( I) ThePrisooCh:lplain sh:ll l sayHol yM3.~s dailyatsuch 51 .... ....... ..

time as shall be fixed by the Director, for prisoners belonging to the :-:.....Oupoioo

Roman Catholic Church and shall generally minister 10 the other .. re" .. , "

religious needs of such priSODCfS. giving them instruction at such lime ' .

as shall be fixed by the Director and conferring with the Director on

any maner connected with their weUare. He shall also pay special

attention 10 you ng prisoners and habitual offende rs. sick prisoners.

prisoners with pe rsonal o r family diffi c ulti es, and prisoners unde r

restraint or undergoi ng cellular confinement. Whenever the Prison

Chaplain is unable 10 attend to his duties, such duties shall be performed

by another priest of the same religious denomination as approved by

the Dircaor.

(2) The religious representative provided fOf in regulation

42 shall interview every prisoner of that religion individually soon after

the prisoner's admission and shortly before his release.

The religious rep resent ative shall 11150 visit as

(3)

frequently as necessary all prisoners oftMt religion who are sick, under

restraint or undergoing cellular confinement. and shall visit all other

prisoners of that religion regularly lit proper times fixed or agreed to by

the Director.

Education, sodal welfare Ilnd contacts "itb the outside world

( I) Educational and training facilities shall be mointained "' .....

by the Director in accordance wi th 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 auention shall be gh-en to the education of young prisoners and

of illiterate prisoners.

(3) Every prisoner able to profit from tile educational

facilities availllble at the prison shall beencouraged to do so. The pursuit

of education by a prisoner shall be regllfded as an acti vity or the prison

regime, auracting the Slime stlllUS within that regime as work. provided

that it takes place in the normal working hours and is part of an authorised

indhidual training programme.

(4) Programmes of spare-time education shall also be

arranged at lhe prison and. subject (0 any directions of the Minister.

reasonable facilities shall be afforded to prisoners who wish 10 do so.

10 improve their educati on by correspondence and private study, or to

practice handicrafts, during their spare lime.

An adequately stocked library containing books 3nd

periodicals of a s uitable instructional and recreational range shall be

provided at the prison and, subject to :lily directions of the Director.

every priso ner s hall be allowed 10 have library books and periodicals

and to exchange them. The library shall. as far as practicable be

organised in co-operati on with public and community library services.

Tile Dircrtor shall. subject to the need of maintaining good

order and discipline. afford prisoners reasonable opportunity [0 kccp

themselves informed of the news by reading newspapers and periodicals,

by radio and television. by leclun:s or by any similar means nuthorised

or controlled by the prison administration .

No meusures shall be taken implyi ng that rehabilitation is

in any way appropriate to an unconvicted prisoner. Nevertheless an

unconvicted prisoner may. subject to the other provisions of these

regulations. panicipatc in such activities os are useful for his education

or generally.

Subject to the other provisions of tbese regulations llI1d to

any directions given by the Minister. genernJly for the needs of treatment.

discipline and good order. after hearing the advice of the Di rector,

prisoners shall be encouraged as much os possible to establish and

maintain such relations with their families as are desirable in the best

interests ofbolh . as well as such relations with persons and organisalions

outside prison as may best prol"l'lOle the interests of the prisoners' families

and the prisoners' own social rehabilitation.

51, ( I) 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 arc objectionable or if

it is of inordinate length.

(2) Every visit 10 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 !'landed over to a prisoner during

any visit without the approval of the Director.

The Minister may give directions. generally or in

(S)

relation to any visit or class of visits. concerning the days- times. dur:u:ion

and any other condition of visilS 10 prisoners.

(I) Subject to the provisions of paragraph (11) hereof. an

unconvicted prisoner may send and receive as many letters and may

receive as many visits within such limits and subject to 5uch conditions,

as the Minister may direct. either generally. or in particular cases.

(2)

A convicted prisoner shall be enti tled

(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 10 send or receive

an additional letter or visit where necessary for his welfare orthal orms

family.

(4) The Di,ector may allow a prisoner entitled to a visit

to send and receive a leller instead.

The Director may defer the right of a prisoner to a

(S)

visitllntil the eJ(piration of any period of cellular confinement.

(6) A prisoner shall not be entitled under this regulation

to receive a visit from any person other t!'lan those as are referred to in

regulation 50 ucept with the leave of the Minister.

(1) Subject to any direction of the Minis ter under

paragraph (S) of reg ulation 51. the duration of Ilny visit and the nu mber

of visitors in respect of any panicular visit shall be established by the

Director according to the needs of security. discipline and good order.

(8)

Visi ts. other than those re ferred to in reg Lliations 5 3

and 54. shall take place in the room or rooms designated for such purpose

by the Director who may also pennit visils to lake place outs ide such

roorn~ on special groun ds and under approp riate supervision.

(9)

A full record s hall be kept in an appropriate register

of all visits to prisoners and such rt:cord shall include the date and time

of the visils 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 organisalion outside prison as is

referred to in regulation 50 shall not be coullted as lette rs or visits for

the purposes of this regulation.

( 11 ) The foregoing provisio ns of this regulation and the

provisions of paragraphs (2) and (3) of regulation 53 shall be: subject

and without prejudice to the provisions of section 408, subsection (2)

of scction 43 I and section 437 of the Criminal Code.

(1) Thc legal ad viser of a prisoner in any judicial

proceedings, civil or cri minal. to which the prisoner is a party shall be

afforded reasonable faci lities for interviewing the said prisoner in

connection with those proceedings.

With the pcnnission of the Director, the legal adviser

(2)

of a prisoner may interview him in connection with legal matters O(her

than those referred to in the foregoing paragraph.

With the pennission of the Director. a notary public

(3)

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 foregoingparagraphs

of this regulation shall be: conducted oul of hcaring 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 refcrred to in regulation

52 are held, but shall also be recorded in the: register of visits under

paragraph (9) of that regulation.

( I) A prisoner who is a party to any legal or judicial

procet.'dings may correspond with his legal adviser in connection with

those proceedings and, unless the Director has rellWn to suspect that

any such conespondence contnins matter nO( relati ng to the proceedings,

the said correspondence shall nO( be: read or stopped under paragraph

( I) of regulation 51.

A prisoner ~hall 011 n:qucst be provided wi th writ in g

(2)

material for the purposes of the foregoing paragmph and of paragraph

(4) of this regulalion.

(3) A registered medical practitioner selected byoroll behalf

of such prisoner in connection with such proceedings shal l be afforded

reasonable faci li ties for examining him. and may do so out of hearing

but in the sight of a prison officer including the Medical Officer.

A prisoner may correspond with an ad vocate or legal

(4)

procumtor for the purpose of obtaining legal advice on matters ()(her

than thosc refclTCd to in paragraph ( I) hereof.

SS.

( 1)

A police office r may request 10 visit a prisoner for ...... it •• by

purposes of identification or investiglllion in connection with a criminal :::: pr-.

offence (other than the offence in respect of which the prisoner is

awai ting 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 offenceoonstitutes an offenoe

against discipline unde r these regulations.

A person detained in prison for any of the following reasons, Se<ur\oIa ........

that is to say

(a) in default of finding securit y or surety for his te mporary

release on bail or for lhe purposes of section 384 or subsection ( I)

of section 416 of lhe Criminal Code

(b) for failing to enler inlO his own recognisance whe n so

required by a competent court according 10 law;

(c) for non·payme nt of the sum in which he bound himself

as provided in subsection (I) of section 586 of the Criminal Code .

(d) in default of payme nt of costs as provided in subsection

(2) of section 533 of the Criminal Code; or

(c) in default ofpaymcnt of a fin e (mu Ita), n fine (ammendn)

or any other pecuniary penalty

may communicate with. and be visited at any reasonnble time by, any

relative or friend for the purpose of securing his release according to

Jaw.

( I) Prisoocrs who m fon:ign ntlliona1s shall be informed.

without delay, of their right to request cont3cI and 10 be allowed

reasonable facilities 10 communicate with the diplomatic or consular

reprcsentali ve of the state to whic h they belong.

(2) The prison administration shlll l cooperate fully with

suc h represenllltivcs in the interests of foreign nationals in prison who

may have special needs.

(3) Prisoners who are nal ionals of states without

diplomatic or consular representat ion in Malta or who are refugees or

sUllcless persons shall be allowed si mi lar facilities to communicate with

the diplomatic or consular reprcseotative of the state which lakes charge

of their interests or with any national or international authori ty whose

task it is 10 serve the interests of such persons.

( I) Every perso n about 10 vis it a prisone r shall reveal his

identity 10 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 paragruph (9) of regulation 52.

(3)

An y person who refuses to reveal his identity or

comply with an order of the Direcior under paragruph (2) of this

regulation shall be refused permission to carry out the visit.

(4)

All cases in which a visit is refused under the

foregoing paragraph shall be recorded in the register mentioned in

paragraph (9) of regulation 52.

( I) 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 10

prevent the furthera nce of any illegal activity.

A notice shall be affixed inside the prison indicating

(2)

that every telephone conversation mentioned in paragraph ( I) may be

monitored andlor recorded.

Wi thout prejudice to other laws and to the course of

(3)

the admi nistration of juscice. the Director shall. with the approval of the

Minister. determi ne the f~uency and duration oftelephooc calls made

or received by prisoners, as well as the persons with whom such

communications can be held.

A prisoner who is a foreign national nnd who has no

(4)

relative in Maltn may be allowed onc (\) free phone call a month to a

relative overseas. The dUr:ltion of such phone call shall be dete nnincd

by the Director in accordance with any direc tions by the Min ister.

The foregoing provisions of this regUlation shall be

(5)

Su~jcCI and witholU prejudice to [he provisions of section 408, subsection

(2) of section 431 and section 437 of the Criminal Code.

Should the Director have reasonable cause [0 suspecrlhat a .s . ......... of

visitor may tend to disturb the security. discipline and good order nf the

prison. he may prohibi t or suspend the visit and remove the visi tor from

the prison. duly recordinglhe fad in the register mentioned in paragraph

(9) of regulation 52.

( I) Prison leave may be grarllcd by the Director, in

accordance wi th such general directions as may be from time 10 time

given by the Minister, to a prisoner under such conditions a~ may be

detenni ned by the Director in occordance with such directions as fo llows

(a) for a period not eKceeding twelve (12) hours on the

occasion of the binh, marriage, or other special family occa~ion of

a child or grandchild of the prisoner, including those connected

with a near relative

(b) (i) on compas sionate grounds for a pe riod

considered by tne Director to be suIT lCienl lime 10 allow the prisoner

to attend the religious service and burial in cases of tile death of a

near relative

(ii) on compas siona te grou llds for a period

considered by the Director to be sumcient time for the prisoner to

visit a near relative who is seriously ill

(c) without prejudice to other pans of these regulations,

prison leave granted in tenus of the foregoing subparagraphs (a)

and (b) of this paragraph shal l be granted subject 10 the provisions

of regulation 2 and parngrnph (6) of regulation 1

(d) for periods IlOl exceeding eight (8) hours in anyone

(I ) day for a maximum of fifteen (15) days in anyone (1) 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 rehnbilitated from drug addiction in a

therapeutic facility or community approved by the Minister

(ii) for such periods as may be required for young prisoners

to spend a part or the whole of their tenn of imprisonment in a

young offenders rehabilitation institution or in a similar facility as

approved by the Minister.

during the period commencing three (3) months before

(f)

the date on which a prisoner may be finaJly released in order \0

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

subparngraph shall not be in excess of eight (8) hours in anyone

( 1) day for a maximu m of fifteen ( 15) days in any one( l) month.

(2) (a) Leave under this regulation may be granted by the

DifC(:tor with the approvaJ of the Minister. or a public officer

designated by the Minister to so act on his behalf. except in

espcciaJly urgent cases in respect of which such leave may be

granted by the Director.

(h) In the case of unconv icted prisoners any

authorisation by the competent authority, if necessary, shall be

requeSted prior to the gronting of lea\'C.

(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 shaJl reside at

the address speci fied in [he leave pemlit and return thereto dail y lit such

time as shaJl be ordered in such permit. and. where the lcngth of the

lellve period permits. remain in daily contact with. or under supervision

of. a competent officer mentioned in the permit.

(4) A written record shaJl be kept of all cases in which leave

under this regUlation has been granted and such record shaJI include the

degree of co-operation demonstmted 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 subparngraph

(a). Cb). (c) or (e) of paragraph (I) of this regulation and of any other

temporary leave of Ilhsence of prisoners from prison granted by a

competent coun or other competent authority. this regulation applies

only to Sc!n!enced prisoners who have been of regular good conduct in

the prison, have made satisfactory progress in the course of their

programme of treatmenl nod are nOl considen:d dangerous to society.

Saving the case of leave granted under subparogroph

(7)

(a), (b) or (c) of parngraph (I) oflh;s regulation. no leave grnnled under

this regulation shall include any pan of the last seven (7) days before

the final release of the prisoner.

"The Minister may also give gener.:a.l direai ves under

(8)

which groups of prisoners may be allowed outside the: prisons. under

adequate supervision, in orderlOIlUend or take pan in sponsorcult un!l

activities.

From the beginning of a prisoner's senlence, ~r,:,,~·"~·~

(I)

considcnllioo shall be given. in consultation with the social welfan:: """~.

services authorities and any appropriate after-care organisation approved

by the Minister, to the prisoner's futUR: and the assistance 10 be given

him on and after his release.

(2) The authorised represenlatives of the social welfare

services authorities and of any approved after-care organislltion shall

be afforded all rcllSOflable access 10 the prison and the prisoners with a

view 10 making their contribUlion 10 the preparation of prisoners for

their release and after~.

With the consent ofthe prisoner, the Director and the

(3)

Medical Officer shall seek 10 assisl a prisone r receiving any medical

care Itt the time of his release 10 continue to receive such treatment after

his release. through the medical services available withoul charge to

the communit y outside the prison .

( I) Except as provided by these regulations. a prisoner R"::!_::~_:,

sha ll nO!. be permiued 10 comm unicate with an y outside person or ' Q

organisation.

The Minister may. with 11 view to securi ng discipline

(2)

and good order or for the prevention of crime or in the interests of any

persons. impose restrictions. either genernlly or in particular cases. upon

the communications 10 be pennined belwtcn It prisoner and other pmons

or organisations, other than communications as are referred 10 in

paragraph (I) of regUlation 53.

( I) Thc Director shall confiscale any anicle whatever I'TobIbiIed.dcJao.

which. without lawful authority, is brou&ht, conveyed or thrown into

or deposi ted in a prison, or conveyed 10 a prisoner, or deposited in any

place wilh intent that it should come into the possession of It prisoner

and such article shall be deemed to be prohibited article for the purposes

of section 7 of the Act and for the purposes of these reguill!ions.

(2) The DireclOr may. from time (0 lime. draw up or cause

to be drawn up a list of articles which may lawfully be inlrOduced into

prison by any pc:riOfI (including prison officen;) without the Director's

prior consent. Such list is to be made 3vail11ble to prisoners. prison

officers 3lld visitors.

(3) No prisoner, unless previously authorised in writing

by the Director. shall be allowed 10 lend. sell or transfer in any manner

wh.atsoeverto any other prisoner any anicle inlroduced for his own use

and any article so knt. sold or transferred shall be immediately

confiscated by the Director.

( I) 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 pc~n who does nOlleave on being required 10 do 50.

Nooulside pm.on shall be permitted to enter and view

( 1)

a prison unless authorised by these regulaJ.ions or any other 13w or by

the Mi nister.

(2) No pc:oon visiting a prison shall be pennined to take

any photograph. make any sketch or cooullunicate with any prisoner

unless nuthorisc:d as nfoltS3id.

Control and I"Htraint or prisoners

(I) Where il llppears desirable. in the intereslS of security

Of for the maintenance of good order or discipline or in his own interest.

that a prisoner should not associate wi th other prisoners. eidll!r generally

or for particulllr pUfJlOSdi. the Director may IllTllIlge for the prisoner's

removal from association occoroingly.

(2) A prisoner shllll not be removed from associalion

unde r the foregoi ng paragraph for a period of more Ihan fon y-eight

(48) hours withoUl the authorilY of the Minisler. An authorit y given

under Ihis paragraph shall be for a period not exceeding fifleen ( 15)

days. bUl may be renewed for similar periods. Such an tlUloority shall

be immedialely notified 10 the Ch.1irman of the Board.

(3) 1be Director may. in his discretion, direct IhIlt the

prisoner resume associ:uion wilh other prisoners, and shall so direcI i f

the Medical Officer adviSdi accordingly on medical grounds.

Provided. that when such removal had been effected under

the Minister's authority in terms of the preceding paragraph. the Minister

and the Chainnan of the Board shall be notified immediately of such

direction.

(I) The Director may order a violent prisoner 10 be T ........ ,

confined temporarily in an appropriate cell. but a priso ner shall not be <0lIl1<1<lI'I<I0..

so confined as a punishment. Of after he has ceased 10 be violent.

(2)

I( the Directorkceps such order in force for more than

(orty-eight (48) hours he shall consult the Medical Officer and shall

infann the Chairman of the Board.

( I ) The use of chains and irons shall be prohibited. RQ ..........

Handcuffs, restraint-jackets and other body resttaintsshall not be applied

as a punishme nt. They shall not be used except in the following

ci rcumstances

where the Director deems it necessary, as a precauti on

(a)

against escape during the movement of a prisoner, provided that

they shall be removed when the prisoner appears before a judicial

or adminislfalive authority unless mal au morily orders otherwise

(b) on mcd ical grounds by di recti on and under the

supervision of the Medical Officer

(c) by order of the Director, ifother 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 subparagmph (c) of the

foregoin g paragraph the Dircctorshall without delay consult lhe Medical

Officer and infonn the Chainnan of the Board.

(3) 1be Director shall give effect 10 any recommendation

which the Medical Officer may make in respect of cases deal t wi th

under this regulation or paragraph (2) of regulation 68.

(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 (24) hours without infonning in writing the Chainnan of

the Board. The Director shall personal ly, before giving an order under

subparngmphs (b) or (c) of paragraph ( I), see the prisoner. The Director

shall visi t such prisoner at least twice a day and the prisoner must be

observed by a prison officer a! frequent intcrvals as di rected in writing

by the Director.

Force may be used by prison officers only where it is

( I)

ncce~snry to prevent or impede acts of violence, attempted escape or

active or passive res istance to lawful orders.

(2) Prison officers who have recourse 10 force shall use

no mo re than is strictly necessary and Sh31l report the incident

immedi mely \0 the Director.

Savi ng tlIccp(ional circumstances in which they are

(3)

authorised (0 do so by the Direclor, prison officers performing duties

whic h bring the m into direct contact with prisoners shall nOl carry arms

or batons. On giving an y such authorisation the Director shall as soon

as is practicable report his action 10 the Minister and the Chaimmn of

the Board.

(4)

On receiving information about the application of

force 10 any prisoner the Director shall ens ure that an y necessary

investi gation is carried out without delay.

No prison officer shall X I deliberately in a manner

(S)

calcull1tcd to provoke a prisoner.

Priw n officers shall in no circumstances be provided with

arms or batons or use any means or method of restraint unless they

ha ve received special tec hnical training in their use and application in

such a way D$ to avoid. so far as possible, the causing of harm to prisoners

and, where such hann is inevitable, to restrict it to the minimum.

Paniculars of every case deal t with under regulations 67,

68, 69 and 70 shall be fonhwith recorded by the Director in a register

kept for the purpose.

Disci pline

( I) Discipline and order shall be maintained with

finnness, but with no more restrictions than is required, in the intcrests

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 Sh31l not. however. impede the proper

functioning of arrnngcments under which specified soci31, educational

or sports activities or responsibilities lire entrusted. under supervision.

to prisoners who are formed into grou ps fo r the purpose of their

participation in regime programmes.

A prisoner shall be guilly of an offence against disci pline if :'~iI"'

(a)

commits mutiny o r incites others to mutiny;

(b)

assaults any person

denies access to an y pan of the prison to any prison

(c)

officer.

fights .w ith any person;

(d )

endan gers the health or pe~a1 safcty of others;

(e)

(t)

obstructs 11 prison offi ce r in the execution of his dUl Y;

has in his possession

(g)

(0

any prohibited or un:authorised article; Of

a greater quantity of an y article than he is

(ii)

authorised to have ;

(h)

sells or deli ... ers 10 any person any prohibited article

(i) sells or tnlns(crs 10 any person any article which he is

all owed to have o nly fo r his own use;

G> lakes, 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;

0> destroys Of damages any part of the prison or any other

property. other than his own

(m) absents himselffrom any place where he is requ ired to

be or is present at any place where he is nO( authorised to be;

(n) makes any frivolous orany falscand malicious oJlegation

Of com plaint against a prison officer,

(0) is di s~spectrul to any prison officer o r any person

visiting the prison;

(p) s wears or uses threatening. abusive, obscene or ins ulting

words or behaviou r.

fails to work properly or, being required [0 work. refuses

(q)

10 do so;

(r)

disobeys any lawful order;

(s)

disobeys or fail s to comply with any regu lation :;applying

10 him

detains any person against his will;

(I)

(u) escapes while confined or deemed to be confined in

prison;

(v)

abuses drugs or drinks alcohol;

in any other way offend s against good order and

(w)

discipline: or

(x) attempts 10 commit. or incites anOlhcr prisone r to

commit, or assists another prisoner 10 commit or 10 attempt to

commit any of the foregoing offences.

( I) Where a prisoner is to be charged with an offence

against discipline. the charge shnIl be laid as soon as possible and. S3\'e

in exceptional circumstances. wi thin fon y-eighl (48) hours of the

discovery of the offence.

A prisoner charged w ith s uch an offe nce may be kept

(2 )

apan from OI:i1crprisoners until the adjudication is over, but the Chairman

of the Board shall be informed that he is being so kept apart and of!he

conditions under which he is being kept.

(3) Every charge shall be inquired into. in the fi rst

instance. by the DireClor.

(4) Save in exceptional circumstances. notified to the

Chainn:ln of the Board. every charge shall be first inquired into not

later than the neltt day. not being a Sunday or public holiday. after it is

laid.

(I ) 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 DireClor.

(2)

At any inquiry into a charge against a prisoner he shall

be given a full opportunity of hearing what is alleged agai nst him and

of presenting his own case.

(3) Where necessary and practicable a prisoner shall be

allowed to make his defence through an interpreter.

( I) If the DiRctor finds a prisoner guilty of an offence

agains t discipline he may impose one or more of the foll owing

punishments

(a)

caution;

(b) forfeiture or postponement for an y period of any of the

privileges under regulation 13

(c) exclusion from associated work for a period not

exceeding fifty ·six (56) days;

(d) assignment or reassignment of work for a period nOl

exceeding fifty ·six (56) days;

(e) stoppage of earnings. including any allowance. referred

10 in parngraph (6)of regulation 29 and paragraph (I) of regulalion

30, for a period noc exceeding fifty-six (56) days;

(0 cellular confinement nOI exceeding thirty day~

(g) forfeiture of not more than one hundred twenty ( 120)

days of remission, whether earned or prospective. referred to in

regulation 14 except in the caseofa prisoner found guilty of wilful

homicide, or attempted wilful homicide. or mutin y. or incitement

to mutiny. or escape or attempted escape from prison. or assault

on any person resulti ng in grievous bodily harm. and/or possession

of andlor trafficking in narcotic drugs. in which case the forfeiture

may be of not more than three hundred Sixty fiye (365) days;

(h) in the case of a prisoner otherwise entitled to them.

forfeiture for any period of the right. under paragraph (I) of

regulation 8 to ha ve the articles there mentioned;

(i) in the case of a prisoner gu ilty of escaping or attempting

to escape and who is otherwise entitled to it. forfeiture of the right

to wear his own clothing under paragraph (2) of regUlation 22.

(2) When a prisoner is found guilt yof more than onech:uge

arising OUI of an incident. the: punishments under this n::gulal ion may

be ordered 10 run consecutively.

(I)

The Minister shall appoint an Appeals Tribun al

composed of a Chairman and twO members 10 review disciplinary cases

decided by the Director for punishments as specified in regulation 79.

and to review cases involvi ng the non· award of remission as provided

for in rcgulmion 14. The Minister may appoi nt. when necessary, more

than OTIC Appeals Tribunal.

(2)

In the exercise oflhei r function under this regu lation

members of thc Tribunal shall be accorded the same rights Ill\d facilit ies

as arc granted under these regulalions 10 members oflhe Prison Board.

11v: Tribunal shall also regulate ils own prooc:durt:S.

( I) Where tOe Director award s a punishment for any

sin gle offence which includes

(a)

cellularconI"mcmc:nt fora ptriodexceedini six (6)OOY5

(b) forfeiture o f more than twenty-eight (28) days of

remission refcrn:d to in regulation 14

the prisoner may petition a review of the disdplinary case to the Appeals

Tribunal by fi ling a notice of intention to appeal with the: Tribunal within

j'i\'e days of imposition of the punishment .

(2) Where a punishment described in parograph ( I) is

imposed, the Director shall immedimcly inform

(a)

the prisoner of his right 10 petition the Appeals

Tribunal

(b) the Chairman of the Appeals Tribu nal shaH be

informed of lhe name of lhe prisoner. lhe offence with which he

was charged, and the puniShment imposed,

(3) Where a petition is made 10 the Appeals Tribunal

under this regulation, the Chairman shall summon a special meeting of

the TribunaJ to be held within six (6) days from receipt of the notice of

appeal

Provided thnt if the punishment includes cellularconfinemenl.

an appeal under this Regulalion shall nOt stay the execution of the

punishment ordered by the DireC1or. during the first six (6) 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 (3) days.

(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.

The Chainnan of the Appeals Tribunal shall notify

(5)

the prisoner and the Director in writing of its decision within one ( I)

day of the hearing.

(6) In cases of acquittal, or where the punishment of

cellular confinement is reduced to less than six 6 days, the Tribunal

shall have the power to order compensation in the fonn of remision or

special privileges.

A punishment of stoppage of earnings may, instead of '""'" 'I

forfeitin g all a prisoner's earnings for a specified period nO( exceeding

twenty-eight (28) or fifty -six (56) days (as the case may be), be

expressed so as to forfeit a proportion (not being less than onc-half) of

his earnings for a specified period not exceeding a correspondingly

greater nu mber of days.

( I) Cellular confineme nt in respect of offences against

discipline shall be undergone in a cell which mcets the standards of

these regulations.

(2) The Medical Officer shall monitor the condition of

prisoocrs undergoi ng cellular confine ment and shall ad vise the Director

if the tennination or al teration ofme 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 alternati ve punishment

specified in regulation 77.

(3) It shall also be the duty of the Medical Officer to

monitor the condition of any prisoner sentenced to solitary confi nement

by any court.

( 1) In thccasc ofan offence against discipline commi tted Remi .. ioa

by an unconvicted prisoner, a punishment of forfei tu re of remission

may be awarded nO(withstanding that the prisoner has not, or had not . , .11 . . . . .

at the ti me of the offence. been sente nced.

(2) (a) Notwithstanding anything contai ned in these

regulations, the remission earned by every prisoner, convicted or

unco nvicled . may. o n commission of an y grave offence, be

cancelled. in whole Of in part, by the authority of the Minister; and

conversely additional remission beyond lhat provided (or in

regulation 14. without limit of number, may be: given for s pecial

servi~s by the same authoril Y.

(b) Remission cance lled in accordan ce wit h the

foregoing subparagroph. may, on the authority or lOO Minister. be

restored 10 a prisoner in whole or in part in consideralion of

subsequent meritorious conducl.

(c)

In Ihis regu lat ion "grave ofTence" means

(i) wilful homicide. 1l1lCffipted wilful homicide.

grievous bodily hnrm resulting from an assault on any

person: or

mutin y: or

(ii)

incitement 10 mutiny; or

(iii)

(iv)

escape or attempted escape from prison: or

(v)

possession of and/or lraffi cking in narcotic

drugs.

The power to award disci plinary punishments. CKher

( I)

than a caution, shall include the power 10 order that the punishment is

not to take effect unless, during a period specifil:d in the order, not

being more than six (6) mont hs from the date of the order. the prisoner

commits anotheroffcoceagainst discipline!ll'ld adirection is given under

paragraph (2) hereof. provided that no such suspension IM)' be gl'1lnted

when the prisoner is found guilly under these regu)Qlions of any offence

mentioned in subparagrnph (c) of paragraph (2) of regulation 82.

(2) Whe re a pri soner commits an offen ce against

discipline during the period specified in an order given under paragraph

( I) hereof. the Director. or the Tribunal. may

(a)

direct thattite suspended punishment shall tnkeeffect;

'"

(b) redu ce the period o r amoun t of the s uspended

punishment and direct lhai it shall take effect as so reduced; or

(c)

vary the original order of s uspension by 5ubstilUting

for the period specified therein a period expiring not later than six

(6) months from the date of variatio n; o r

give no direction wit h respect IQ the s us pended

(d)

punishment.

Collective punishments. corporal punishments, punishment Pro/Ilbilionof

by placing in a dark, darkened or uDventilated cell or in a cell which is

nOl: within hearing range of human sound or in which the prisoner is ... _......c.

exposed to unreasonable degn;es of temperature, noise or light and all

other forms of cruel, inhuman or degrad ing punishment or treatment

shall be prohibited.

8S. ( I) Prison officers shall nO( innict an y punishment, or P,oI" ,,.·,,,

resort 10 any mode of treatment similar 10 a punishment. on or in respect ;;,: :"

of any prisoner except with the authority of the D~Clor or, as the case

may be, of the Tribunal.

(2) The Director and the Tribunal shall nO( inflict any

punishment, or resort 10 any mode of treatment si milar 10 a punishment.

on or in respect of any prisoner excc:pc after regular proceedings for a

disci plinary offence and adj udication in acco rdance with these

regulations.

Projbizzjoni ta' pieni mhux aWlorizzati

No prisoner shall be subjected to any fonn of disciplinary St.wI4.W

punishment unless he is found guilty of an offence against discipline. ..pwr.

Criminal proceedings instituted agai nst a prisoner in any

court. in respect of a fact likely to warrant diSCiplinary proceedings. I'M

shall not stay disciplinary proceedings against such prisoner for any

infringement of discipline under these regulations.

PART III

Prison Offiurs

The Director and orht r offiurs

( I) Prison staff shall be continually encouraged through I'<nIn>c:L

training. consultative procedures and a positive management style to

as pire to humane standards. higher efficiency and a committed approach

10 their duties.

Personnel shall be appointed on those terms and

(2)

conditions as agreed 10 by the competent authorities who shall always

give the utmost consideration to good cond uct, efficie ncy. integri ty.

suitability. and all ooequate standard of education.

Whenever il is necessary to empl oy part-time staff,

(3)

these critcrin should apply 10 the m as far as that is appropriate.

( I) Subject 10 the provisions of the Act and of these

regu lations. 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 we lfare of prisoners and the mnnagemcnt of the training

programmes for the realisation of the lrealmen! objectives.

(2)

The Director shall carry oul regular inspections.

including surprise inspections by night. of the different pans o(the prison

as frequently as necessary.

(3) Savi ng his powers to give orders, whether verbally or

in writing, as he may deem fit for the proper running of the daily

adminislJUtion of the prison, the Director may also make orders in writi ng

relating to any aspect of the administration of the pri son 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 thm 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.

If a prisoner escapes the Director shall at once infonn

(S)

the Commissioner of Police, giving a full description of the prisoner.

and shall mOf\.'Over take all necessary action for the recaptu re of the

escaped prisoner. He shall also hold an inquiry without delay into the

circumstances of the escape transmitti ng the proceedings together with

a repon thereon to the Minister. A copy of the proceedings and of the

repo rt shall be transmitted to the Anomey Genernl.

(6) In the case of an emergency not provided for in these

regulations the Director mny take s uch action as he may consider

reasonabl y necessary and shall report such ac tion forthwith to the

Minister and to the Chairman of the Board.

In addition 10 any other records requimi to be kept ......

under any other provision of these regullU ions o r of any other law. the

Director s hall keep. o r cause 10 be kepi by nny prison officer authorised

by him for the purpose, the following records

ajoumal. 10 be signed by him daily, in which there

(a)

shall be recorded day by day the occurrences in the prison, the

Dumber of prisoners in custody and all such matters. other than

those to be recorded in any special register. as are required 10 be

recorded by these regulations

(b)

an :adj udication book s howing all disciplinary

punishments awllJ'dcd by him;

(c)

an order book in which there shaJl be recorded all

orders made o r given in writing by the Director in the carrying out

of his duties;

an official Visilors Book referred [0 in s ubsectio n (5)

(d)

of section 8 of the Act;

a prisoners' record in which then:: shall beenteted the

(e)

names orall prisoners together will full panicuiaB relating 10 their

identi ty and the dales of commence ment and expiratio n of their

sentence. as well as an alphabetical index of such record

(0 a register showing the dail y allocati on and rOSte r of

duties o f all prison officers

(g) a daily rccooI of the work given out to prisoners and

tne work pcrfonncd by them;

(b) a stores book in which there shaU be recorded all

stocks of food and provisions, clothing. bedding. furniture. plant.

tools. ute nsils and other stocks;

a regis ter showing daily the food pn:pared and issued

(i)

prisoners. including those o n any special diet.

(2) The: Director shall ensure that all records required to

be kept un dc r thesc regul!llions or a ny ot hc r la w s hnll. as far as

practicable. be securely kept. Heshalllikewise secufdy keep a printed

copy with numbered pages in bound formsofallthose records as directed

Provided that not hing in this rcgu llltion shall preclude the

Director from keeping records in any form which he may deem expedieot

and whic h is agreed to by the Minister.

1be Din:ctor dull make an annual repon on the prison to

the Minister.

There shall be other prison officials apPOinted 10 assist the

Director in the carrying OUt of his duties. deputising foe- him in the

perfonnllnce of any of the Director's duties during his absence or

whenever authorised to do so.

The Director shall ens ure that prison officers shall

( 1)

maintain and improve their knowledge of these regulations and their

efficiency by Ilttend ing courses of in-service training and kdures at

suitable intervals.

(2)

Thcsaid COUISeS shall also include training in methods

ofphysicaJ control and ~nl 0 (a",4 5sive prisoners and in the piopef

use of any arms or batons that prison offi cers may be allowed to carry

under these regulations.

The Director shall assign to all prison officers,

(I)

incl udin g lhosc of the female section. as well as 10 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 thill are generally

perfonned by comparable prison officers in the male section .

(4) h shall be the duty of every prison officer to conform

10 these regulations and to any di rection given thereunder, to assist and

s upport the Director in the maintenance or such regulations and

directions. and to obey alllawrul orders relating to the prison.

( I) Prison officers shall at all times 5Oconduct themselves

and perform lheirduties as to command the respect ohhe prisoners and

the trust of the community.

(2) Prison officers shall treat prisoners with justice and

humanity. com plying fir mly a nd consistentl y with all regul atio ns.

directio ns and orders relating to the prison and ensu ring their complete

observance.

Prison officers shall

(3)

perform their duties with a high degree of alenncss

(a)

and watchfulness and shall inform the Director promptly of allY

breach of discip line, abuse o r imp ropriety relating IQ the prison

which comes 10 theiT know ledge;

(b) clIercise their utmost Yigi lance IQ e ns ure the safe

custody of prisoners;

(c) pay strict attention to cleanliness and dress and shall

always weartheapprovcd uniform within the precincts ohhe prison

and when on duty; and

refrain from receiving visitors ill the prison without

(d)

the permission of the Director.

No prison office r shall allow any prisoner to be employed U~>O.l"">rL

on any work mller tha n that authorised by the Director.

A prison officer and any other person employed in the prison s

shall submit himsclfto be searched in the prison ifthc Directorso orticrs.

The Director shall have the authority to order any prison I'lOOlbkotI coni ......

officer to refrain from communicating with any specified former prisoncr

or with any tclath'c or fricnd of a prisoner or a former prisoner.

A prison officer who has any complain t or request to C.,I,b',,,,

99,

(I)

make in connection with his duties or situation in the prison shall submit ~;",j,! ofIlcen.

such complaint or requcstto the Director,

The: Director. if unable 10 dispose of such complaint or

(2)

request himself. shall submit the case with his remarl.:s for the

considcration of the Minister,

(3) If the Director dcclint:s to allend to the complaint or

request of the prison officer or to take any action thereon within 15

days. the prison officer shall be entitled 10 submit his representations in

writing to thc Minister through the Director. Thc: Dirtttorshall lrMSmil

such representations 10 the Minister without delay.

No prison officer shall make any frivolou s or vexatious

(4)

complaint or request.

Ri ght or IMOCill.tion

Prison officers may establish an association for the

llmenli jew lalbiel minn uffiejali tal-habs

Dritt la ' assocjoujoni

(I)

purpose of enabling those of and below a rank established by the Minister

to consider and bring 10 the nOliceoftnecompetent authori ties alllTulItcrs

affecting their welfare and efficiency other than questions of discipline,

transfefS. individual promotions and other matters affecting individuals.

(2) The prison service is a disciplined force in tenus 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 of these regulations. The rules. by

whatever name called, governing any association established under this

regulation and any amendments thereto. shall besubject 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 establis hed underth is regu lation shlll1

be entirely independent of, and unassociated with. any body outside

the prison service, but, subject to the approval of the Minister. may be

affiliated 10 an internationally reoognised association of prison officers.

Code of dLsclpline of prison oIYicen

A prison officcr commits an offence againsl discipline if

he is guilt y of

disobedience to order.>. lhat is to say, if without good

(I)

and sufficient cause he fai ls to can)' out any lawful order or direction

whether given \0 him in writing or otherwise

neglect of duty, that is to say. if he

(2)

neglects, or without good and sufficient cause fai ls. 10

(a)

do anything promptly and diligently which it is his duty as I prison

officer to do; or

(b) by carelessness or neglect contributes to the escape of a

prisoner: or

(c) by carelessness or neglect in the course of his duty

contributes 10 the occum:nce of any loss. damage or injury to any

person or ptopcny: or

(d ) takes any key belonging to the prison outside the main

gate of the prison except with the special permission of the Director

or. before goi ng out of the prison. leaves his keys in any place

other than that designed fo r such purpose by the Directo r;

(3) improper conduct with or towards prisoners or ex·

prisoners, that is to say, if he

(a) communicates wi th a prisoner for an improper purpose

or enters into unnecessary COIlversation with a prisoner or allows

any und ue familiarity 10 occur between him and any prisoner: or

(b)

assa ults a prisoner o r uses obscene, ins ulting o r abusive

language towards him; or

(c)

knowingly and without proper a utho rity

(i)

communicates with anycx.prisonerorwith a friend

or relative of any prisone r or c)I-prisoner in violation of an

order given by the Director pursuant to regu la ti on 98; or

(ii) di scusses hi s duties o r any malle r of di scipline or

prison arran gements with a prisoner or within his hearing; o r

(iii) takes into his employment an ellO-prisoner; or

(iv) 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

or any kind;

(4) insubordinate conduct. thar is to say. if he

(a) is insubordinate by word. act or demeanour towards any

prison officer whose orders it is for the time being his duty to

obey ; or

(b) gives any orders. or causes or incites anyone to act. in

variance with any order or direction relating to the prison; or

(e) induces. or attempts to induce. an y prison offi cer.

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;

(5) corrupt practice. that is 10 say. if knowingly he

improperl y uses his position as a prison officer for his private advantage;

(6)

unlawful or unnecessary exercise of authori ty

absence without leave or being lale for duty, that is 10

(7)

say. if without reasonable excuse. he is absent without leave from the

prison or (rom any parnde or place of duly or is Jale for any duty or

parade;

(8) trafficking, that is 10 say, ifhc knowingly and without

proper authority

(a) carries oul any pecuniary or business transaction with

or on behalf of any priso ne r or Cll' pri.'«)ncr or with a friend or

re1:lIive of any prisoner or ex-prisoner: or

(b) accepts any present or considcrulion from any prisoner

or c;II;'prisoner or from a friend or relative of any prisoner or ex-

pnsoncr;

(9) breac h of confidence. that is 10 say, if he withou t the

DireclOr's prior au thority

(a)

divulges any manct which il is his dUly 10 keep secret

0'

(b) co mmu nicates d irecliy or indirectly 10 the press,

broadcasting mediaotloany unauthorised person any matter which

may have become known 10 him in the course of his dUlY as a

prison officer: or

(c) publishes any matter or makes any publie

pronouncemc:nl relaling to the administration of the prison or 10

any of ilS inmates

false slalemenlS. tJw is to say. ifhc knowingly makes

(10)

any false . misleading or inxeunue statement either orally Of in any

official document or book. or signs any such statement. or with intent

10 dC(;eivc: destroys or mutilates any such document or book or alters or

erases anyentty therein in connection with his duties as a prison officer

(11) failurt: in aa::ount. that is to say. if he fails to account

for. Of to make a prompt Of true return of. any money or propc:ny for

which he is responsible in connection wilh his duties as a prison officer

failure to report any breach of regUlations. direclions

(12)

ororders. that is to say. if he fails to rt:pon fonhwith to the Director any

breach of these rt:gulalions or of any other rt:gulalions. directions or

orders rdating to the prison or applicable to the public service;

( 13) unauthorised possession of property. that is to say if,

while on or off duty. be is knowingly and imprope rly in possession of

property belonging to any other prison offi cer 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;

(14) damage to clothing or other articles supplied or removal

of prison property, Iha! is to say, if he

(a) wilfully or negli gently damages or loses any article of

clothing or personal equipment with which he has been provided

or entrusted, or fail s to take proper care thereof: or

(b) neglecrs to report any damage 10, or loss of, any article

of clothing or personal equipment. however caused; or

(c) without proper authority takes oul of the prison an y

public propeny or removes any such property from one part ohhc

prison 10 another;

( 15)

failure in making reportS or keeping of records. that is

to say, ifhe

(a) fails to report expeditiously to the Director any matter,

other than those mentioned in the last preceding paragraph, which

it is his duty 10 repon; or

fai ls to make any necessary entry in the appropriate

(b)

official boolr:, register or re cord wh ich is lr:epl unde r these

regulations or under any order of lhe Director;

( 16) attempting to enlist outside innuence, that is to say, if

he proc ures or attempts to procure the intervention on his behalf of any

person for Ihe purpose of securing his own advan ceme nt or the

improvement of his personal position or of making charges against other

prison o fficers;

(17) misconduct towards the public, that is to say, if he

assaul ts or uses any obscene, abusive or insulting language towards

any membcrofthe public with whom he may be brought into contact in

the execution of his duties;

(18) taking part in any activity likely to interfere with the

impartial discharge of his dUlY or which may giverise 10 lhe impression

among the public that it may so interfere;

(19)

discreditable conduct. that is to say. if he

(a) while on or off duty acts in a disorderly manner or in

any manner prejudicial 10 the discipline of the prison service or

likely to bring discredit on the priso n service: or

(b)

while on orofT duty borrows money from a prison officer

subordinate or junior in rank, or lends money 10 a superior prison

officer; or

(c) smokes or drinks intoxicming liquor either within the

prison -walls (except under such cond itions as may from lime to

lime be permi tted) or while on duty in charge of prisoners outside"

the prison; or

(d)

whi le on dUlY assauils any prison omcer or othe r person

employed, oron official duty, in the prison OTUses obscene, abusive

or insu ltin g language to any such officer or perso n; or

(e) while on duty, or liable to be caUed up on duty, is unfit

for duty through drinking intoxicating liquor or abusing drugs; or

falls into pecuniary embarrassment through his fault or

(f)

neglect; or

(g) uses any defamatory, insu lt ing or disparaging words,

acts or gestures in contempt of the Government of Malta or of any

person em ployed or concerned in the administration o f the

Government of Malta; or

(h) imputes misconduct to a person employed or concerned

in the administration of the Govern me nt of Malta; or

(il

utters or otherwise expresses disparagement of the

Director orofany member of the Board, or of anyone of the Special

Visitors mentioned in subsection (5) of section 8 of the Act or of

the prison administration, or uses any word or expression tending

or intended to bring into hatred, ridicule orcontem pt, the Director

or any member of the Board or any Special Visitor or the prison

administration; or

(j) utters words orin any manner whatsoever does anything

which brings or has a tendency to bring dissat isfaction among

members of the prison service or among the prisoners; or

(20) 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.

(I) A prison officer who commits an offence against

discipline shall be subject (O such disciplinary proceedings as may be

taken against him in pursuance of powers conferred by o r under the

Constitution of Malta.

(2) All fine s imposed in respect of offences against

discipline shall be recovered by stoppage fropl the offender's pay due

or to become due and the amount so recovered shall no t exceed in the

aggregate in any week one seventh of the weekly pay of the offender

e xce pt in the event of the offender leaving the prison se rvice, when the

whole amount of any fine then unpaid may be deducted from any pay

then due.

PART IV

The Prison Board

The Board shall have the following functions

( 1) to satisfy itself as to the treatmerll of prisoners, the

state of prison premises and the administration of lhe prison;

(2) monitor the administration oflhe prison d isci plinary

system and infonn the Ministcrof its findings; this includes the authority

to attend disciplinary hearings of prisoners;

(3) to advise the Minister on any maller relating to the

care and rehabilitation of pri&oners, as well as to the organisatio n 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;

(4) to advise the Minister on matters relating to work and

activity to be perfonned by prisoners;

(5) to inquire into and report upon any matler which it

deems proper, or the Minister requests it, to enquire inlO; and

(6) to perfonn such other func tions as are assigned to it

under these regulations.

<I) The Board shall meet at least o nce a month at Moctinpood

Corradino Prison or at such other place as the Board may from lime to ;:.';,.

time determine.

Except where otherwise provided in these regulations,

(2)

the quorum for ITleel:ings of the Board shall be of half the number o f

me mbers plus one.

The meetings of the Board shal l be presided by the

(3)

Chainnan or in his absence the Deputy Chairrn:lll or a member appointed

by the Board to preside the meeting.

The Director may attend the whole or any part o f a

(4)

meeting of the Board if so in vited by the Board and shall give 10 the

Board any informalion it may require forthe 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 cuslOdy. Such minutes shall be read

and conflIllJ:d at the first meeting after the meeting 10 which they relate,

or any subsequent meet ing, and shall be signed by the Chairman or

other member presiding the meeting at which they are confmned and

by the Secretary.

lOS. ( I) The Board shall visit and inspect the prison not less

Ihan once a month and regul arly see each prisoner either at his place of

work or confinement or in such other manner as the Board deems

convenie nt.

(2) If the Board so requests. such visits and inspections

shall be anended by the Director and any other prison nfficer orofficers

designated by the Director.

(3 ) T he pri sone rs 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 fi t.

(4) Nei ther the Director nor an y other prison officer shall

be prese nt while a prisoner is making a complai nt 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 officers

and other prisoners or other persons as the Board may deem relevan t.

The oath shall be administered by the Chairman or other member

presiding.

(6) Unless it is evidently frivolous or groundless, every

request orcomplaint stmll be pro mptly dealt with and replied to without

undue delay.

Where it is not considered practicable by the Boa rd [0

(7)

carry out a visit or an inspection under the foregoing provisions or lh;s

reg ulatio n by all the memben of the Board, a visi t or an ins pection

carried 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

inspectio n in lhe same manner and to the like elfecl as 10 one carried

oul by the Board. Any record kept by the members canying out such a

visi t or inspection and tiny complaint rea: ived by s uc h members shall

be referred 10 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 vi sit o r inspection the oath may be administered by anyone or lhe

members conducti ng [he visi t o r inspection.

The members of the Board may also make suc h visits

(8)

or inspections either together or separarely 81 any time, whether by day

or night. whenever they consider it desirable 10 do so. Such visils or

inspections may also be made without prior notice to lhe Director. A

report of such visits or inspections shall be made 10 the Board al its next

meeting unless lhe members carrying OUI the visit or inspection consider

to infonn the Board earlier through the Chainnan.

106, It shall also be the duty of the Board to hear and decide 1I ..... of

upon, as soon as practicable. any request or complain t made to il by a

prisoner. or any person on his behalf, other than those made directly to

it or to any of its membe rs during the course of a visit or inspection.

Smigh ta' ilmenti ohra

107 .

DcCii:jonijicl tal -Bord

The decisions of the Board shall be taken by a majority of O .. <=Ilk"" of

the members present and vOli ng. In the case of an equality of vOles the .... Boon!.

Chairman shall have a casting vOle in addi tion to his ori gi nal vote.

( I) The members of the Board shall make a nOle in the otI\dM....,...ar

official Visitors' Book of every visit or inspection made by the m. with ;

such remark as they dt':cm proper in regard to the prisons and the

prisoncrs.

(2) The offi cial Visitors' Book shall be produced to the

Board at each monthly meeting and at such other times as thc Board

may reqUire.

(3) The Minister may request to eJtamioe the official

Visitors' Book and the minutes book of the Board.

109, (I ) No person having any interest in any contract for the DIfquAIifi<aion

supply of goods or services to the prison shall be a member of the Board. of .............

If any member of the Board is related by consnngui nilY

(2)

or affinity. Lip 10 the fourth degree inclusive. 10 any priso ner or has any

professional interest in an y prisoner, othe r than as a member o f the

Board. he shall forthwith make a declaration o f such relationship or

interest IOlhe Board and slIChdeclarnlion shaJl be cnlered in the minutes.

The said member shallthcrea ner abstain from laking pnn in the

p~din gs and delibcl'lltions orlhe Board on an y question relating 10

such prisoner and from voting lhereon.

(3) A member who absents himself without valid reason

for more than four consecutive Jrectings shall be considered as having

resigned his post.

HO. The Board shall draw the attention of the Director 10 any

matter which cal ls for his attent ion and shall fClX'rt 10 the Minister any

matter which il cons iders expedient to report 10 him.

The Board shall infonn the Minister immediately of an y

U1 .

abuse which comes 10 ilS knowledge and shall have power to reconunend

to lhe appropriate aUlhority the taking of disciplinary aclion against

any prison offi cer.

The Board shall arrange (or lhe food of the prisoners to be

Skwalifika u astcnsjoni ta' membri

Hwejjeg ghall-allenzjoni tad-Direttu r

110.

Abbuii fiI·Habs

inspected by a member of the Board al frequent intervals.

The Board shall inquire into any report made 10 il. or any

information otherwise coming to its knowledge, that a prisoner's healt h,

mental or physical, has been or is likely 10 be injuriously affected by

any conditions of his imprisonment.

( I) The Board and every member thereof shall have

access at any time to every part of the prison and to every prisoner and

may illlerview any prisone r out of the sight and hearing of all prison

officers.

The Board and every memberlhereof shall rove access

(2)

to all prison records.

11 5. The Board shall make an an nual report 10 the Minister at

the e nd of each year concernin g the Slale of the prison and its

administrntion and, generally, the carrying out of its functions.

PART V

Supplemental

TAQSlMA V

Supplementari

Persons, other than prison officef5, employed in the pnson§ ou.:r,." ....

shall not hold any communication or have any direct contact with any ~=.I"

prisoner e ~cept by pennission of the Director, and in such cases the

relevant provisions of these regUlations shall apply to them as they do

10 prison officers.

(1) The Corradino Civil Prisons Regul ations, 1931. are 11. ....... "

hereby n::voked.

(2) In relation 10 prisoners who, upon theooming into force

of these regulations. are serving a prison sentence, or are Otherwise

held in custody in prison await ing trial or appeal for an offence for

which they are subsequently imprisoned, the provisions of reg ulation

14 shall operate retroacti vel y, in lieu of any remission which may ha ve

been awarded on the bas is or llle repealed regulations, and in such case

remission shall be awarded retroactively on the basis of records held by

the prison authorities in relation to each prisoner

Provided. that the remission computed retroactively in terms

of these regu lations shall not be less than the remission computed in

accord ance with sueh pl'OCC'dure as was in force immediately before the

coming into force of thar. regu lar.ion

Provided. further. that if it results that in terms o f the

provisions of this regulation and of regulation 14 a prisoner would have

been released prior to the date of the coming into force o f these

regulations, the dale of release shall be deemed to be seven (7) days

from the dale of coming into force of these regulations.