Prison (Amendment) Regulations, 2000

L.N. 14 of 2000

PRISONS ACT

(CAP. 260)

Prison (Amendment) Regulations, 2000

IN EXERCISE of the powers conferred by section 6 of the Prisons

Act, the Minister for Home Affairs has made the following regulations:-

The title of these regulations is the Prison (Amendment) Citation.

Regulations, 2000, and shall be read and construed as one with the

Prison Regulations, 1995, hereinafter referred to as "the principal L.N. 118 of 1995.

regulations" .

Immediately between paragraphs (1) and (3) of regulation 33 Amends regulation

of the Maltese text of the principal regulations there shall be substituted ~;r~~~nciPal

the following:-

"(2) Priguruerrnaghanduxjittiehedfhabsiehorjekkit-Tabib

tal-Habs jiceertifika Ii rna jkunx jiflah ghal dale it-trasferiment.".

Immediately after regulation 69 of the principal regulations Adds n~w

~ 11

.

1 .

regulation 69A to

there sh al 1be ad d e d t h e 10 owmg new regu atlOn:-

the principal

regulations.

69A. (l) The Director may order a prisoner to

"Provision ofa

provide a sample for the purpose of ascertaining by means of

laboratory analysis or of a device approved by the Minister

whether he has any drugs or alcohol in his body.

(2) In this regulation "drugs" means any dangerous

drug as defined in section 12 of the Dangerous Drugs

Ordinance, or any specified or restricted drug under the

Medical and Kindred Professions Ordinance, and "sample"

means a sample of urine and, or a sample of breath.

(3) When requiring a prisoner to provide a sample the

Director shall, so far as is reasonably practicable, inform the

prisoner

(a) that he is being required to provide a sample

for the purposes of this regulation;

(b) that a refusal to provide a sample may lead to

disciplinary proceedings being brought against him.

(4) The sample shall be a fresh sample, free from

adulteration.

(5) When requiring a sample from a prisoner, the

Director shall make such arrangements and give the prisoner

such instructions for its provision as may be reasonably

necessary in order to prevent or detect its adulteration or

falsification.

(6) A prisoner who is required to provide a sample may

be kept apart from other prisoners for a period not exceeding

one hour to enable arrangements to be made for the provision

of the sample.

(7) a prisoner who is unable to provide a sample may

be kept apart from other prisoners until he has provided the

required sample, save that a prisoner may not be kept apart

under this paragraph for a period of more than five hours.

(8) A prisoner required to provide a sample of urine

shall be afforded such degree of privacy as may be compatible

with the need to prevent or detect any adulteration or

falsification, in particular a prisoner shall not be required to

provide a sample of urine in the sight of a person of the

opposite sex.".

Regulation 74 of the principal regulations shall be amended

as follows:-

(a) in the Maltese text of paragraph (a) thereof, immediately

after the word "ammutinament" there shall be inserted the words

"jew ixewwex lil haddiehor biex jaghmel ammutinament"; and

(b) for paragraph (x) thereof there shall be substituted the

following:-

"(x) fails to comply with an order to provide a sample

in terms of regulation 69A;

(y) without prejudice to any other liability at law, takes

drugs referred to regulation 69A

Provided that it shall be a defence for a prisoner charged

with an offence under this paragraph to prove that -

(i) the drug had been, prior to its administration,

lawfully in his possession for his use or was administered

to him in the course of a lawful supply of the drug to

him by another person;

(ii) the drug was administered by or to him in

circumstances in which he proves to the satisfaction of

the Director that he did not know and had no reason to

suspect that such drug was being administered;

(z) fails to comply with any condition upon which he

is granted prison leave; and

attempts to commit, or incites another prisoner to

(aa)

commit, or assists another prisoner to commit or to attempt

to commit any of the foregoing offences.".

s. Regulation 78 of the principal regulations shall be amended Amends regulation

n~~~~_

0 ows

regulations.

(a) in paragraph (1) thereof, there shall be added the

following words at the end of the paragraph: "The Minister may

also appoint supplementary members who will substitute the

Chairman or a member ofthe Tribunal whenever the said Chairman

or member cannot attend sittings for any valid reason, provided

that the Chairman shall, as far as practicable, ensure that the same

members hear and conclude the same case.".

(b)

paragraph (2) thereof shall be renumbered as paragraph

(3); and

(c) immediately after paragraph (1) thereof, there shall be

added the following new paragraph

"(2) (a) The Minister may also appoint persons of

integrity who in his opinion have the necessary qualifications,

experience and knowledge to represent and assist prisoners

during the hearings by the Tribunal of the reviews of

disciplinary cases.

(b)

It shall be the duty of the person appointed

as aforesaid-

(i)

to act in the best interests of the prisoner;

to be present when the case of the

(ii)

prisoner is being heard by the Tribunal;

(iii) to make the necessary submissions and

pleadings on behalfof the prisoner as circumstances

require during the hearings of the Tribunal;

(iv) to take all necessary measures to

safeguard the prisoner's rights.".

Regulation 79 of the principal regulations shall be amended

as follows:-

(a) in sub-paragraph (b) of paragraph (2) thereof, for the

words "shall be informed" there shall be substituted the words

"shall be informed in writing";

(b) in paragraph (5) thereof, for the words "one (1)", there

shall be substituted the words "four (4)"; and

(c) immediately after paragraph (6) thereof, there shall be

added the following new paragraph

"(7) In paragraph (3), other than in the first proviso

thereto, and in paragraph (5) of this regulation the word "days"

shall not include Saturdays, Sundays and public holidays.".