Prisons (Amendment) Regulations, 2016

L.N. 15 of 2016

PRISONS ACT

(CAP. 260)

Prisons (Amendment) Regulations, 2016

IN EXERCISE of the powers conferred by article 6 of the

Prisons Act, the Minister for Home Affairs and National Security has

made the following regulations:-

The title of these regulations is the Prisons (Amendment)

Regulations, 2016, and these regulations shall be read and construed

as one with the Prisons Regulations hereinafter referred to as the "the

principal regulations".

Regulation 2 of the principal regulations shall be amended

(a) in the definition "Board" for the words "Board of

Visitors of the Prisons" there shall be substituted the words

"Corradino Correctional Facility Monitoring Board"; and

(b) immediately after the definition "near relative" there

shall be added the following new definition

" "Secretary" means a member of the Board who

(a) ensure meetings

are

effectively

organised and minuted;

(b) maintain

effective

records

and

administration;

(c) maintain effective liaison with the

Prison Administration with a view to receiving

requests made by prisoners who wish to meet the

Board or those who wish to make a complaint to

the Board;

(d) carry out inspections and visits among

the prisoners as prescribed by regulation 106(1)

together with one member of the Board, as the case

may be; and

(e)

have all voting rights similar to any

other member, and shall be involved in the

decision-making of the Board;".

In sub-regulation (7) of regulation 8 of the principal Amends

regulations for the words "approved by the Board" there shall be regulation

the principal

substituted the words "approved by the Director".

regulations.

Sub-regulation (5) of regulation 11 of the principal Amends

regulation 11 of

regulations shall be deleted.

the principal

regulations.

Sub-regulation (3) of regulation 17 of the principal Amends

regulation 17 of

regulations shall be substituted by the following

the principal

regulations.

"(3) Where a prisoner has asked to see the Board, or a

member thereof, the Director shall ensure that the Secretary of

the Board is informed of the request within a reasonable time.".

Sub-regulation (2) of regulation 18 of the principal Amends

regulation 18 of

regulations shall be substituted by the following

the principal

regulations.

"(2) If a prisoner requests an interview with the Board,

the Secretary and any two other members thereof may interview

him without the Director or any other person being present.".

Regulation 19 of the principal regulations shall be Substitutes

regulation 19 of

substituted by the following

the principal

regulations.

"19. (1) Where accommodation is shared it shall be

occupied by prisoners suitable to associate with each other in

those conditions.

(2) The accommodation provided for prisoners, and in

particular all sleeping accommodation, shall meet the

requirements of health and hygiene, due regard being had to

climatic conditions and especially the cubic content of air, a

reasonable amount of space, lighting and ventilation. Such

accommodation shall also allow the prisoner to communicate at

any time with a prison officer.".

Sub-regulation (3) of regulation 26 of the principal Amends

regulation 26 of

regulations shall be substituted by the following

the principal

regulations.

"(3) In the carrying out of the duties under the last

preceding sub-regulation, the Director and the Medical Officer

shall, if the refusal of food persists beyond forty-eight hours,

also seek the assistance of a competent professional or any other

official who attends to welfare duties at the prison.".

In sub-regulation (1) of regulation 46 of the principal

regulations for the words "the Prison Board and the Ministry of

Education" there shall be substituted the words "the Board, the

Ministry of Education and, or any other professional/s versed in the

field of education and training".

In the heading of Part IV of the principal regulations, for

the words "The Prison Board" there shall be substituted the words

"The Corradino Correctional Facility Monitoring Board".

Regulation 104 of the principal regulations shall be

amended as follows

(a) paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) monitor the administration of the prison

disciplinary system and inform the Minister of its findings;

this includes the authority to request the Director for a

report from time to time on disciplinary hearings of

prisoners;";

(b) paragraph (d) thereof shall be substituted by the

following new paragraph

"(d) to advise the Minister on matters relating to

work, education and training activities to be performed by

the prisoners;"; and

(c) in paragraph (f) thereof for the words "to act as the

person" there shall be substituted the words "to act as the body".

Immediately after regulation 104 of the principal

regulations there shall be added the following new regulation

" Composition

104A. (1) The Board shall consist of

of the Board.

(a)

a Chairperson; and

(b)

at least six other members to

be appointed by the President of Malta,

from

amongst

persons

who

are

experienced in the criminal justice or

social science field including members of

non-governmental organisations;

(2)

A Secretary shall be nominated from

amongst the members and shall be responsible

for the administrative support to the Board as

well as having other responsibilities as defined

in regulation 2.

(3)

A member of the Board shall be

disqualified in such circumstances as would

disqualify a judge in terms of Sub-Title II of

Title II of Book Third of the Code of

Organization and Civil Procedure; and in such

case that member shall be substituted by another

member appointed for the purpose by the

Minister.

(4)

The members of the Board shall be

eligible for re-appointment every two years.".

Regulation 105 of the principal regulations shall be Amends

regulation 105

amended as follows

of the principal

regulations.

(a) in sub-regulation (1) thereof for the word "Prison"

there shall be substituted the words "Correctional Facility";

(b) sub-regulation (5) thereof shall be substituted by the

following

"(5) All monthly meetings of the Board and its

meetings with the prisoners shall be minuted. A note shall

also be kept of any subsequent action taken

Provided that it shall be the responsibility of the

Board to retain all relevant information, including minutes

of meetings and of interviews with inmates, reports of

visits and inspections and any other records in order that

they are made available to the Committees established by

the Optional Protocol to the Convention against Torture

and other Cruel, Inhuman or Degrading Treatment or

Punishment."; and

(c)

immediately after sub-regulation (5) thereof there

shall be added the following new sub-regulation

"(5A) The Board shall hold regular meetings with

the Minister responsible for Prisons.".

Regulation 106 of the principal regulations shall be Amends

regulation 106

amended as follows

of the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by the

following

"(1) The Secretary of the Board together with any

other member shall visit and inspect the prison between the

monthly meetings of the Board and meet prisoners either at

their place of work or study or place of confinement or in

such other manner as the Board deems convenient

Provided that any record kept by the members

carrying out such a visit or inspection and any complaint

received by such members shall be referred to the Board at

its next meeting and entered in the minutes.";

(b) in sub-regulation (4) thereof, for the words "of ricer"

there shall be substituted the word "officer";

(c)

sub-regulation (5) thereof shall be substituted by the

following

"(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 evidence of the

complainant and of such prison officer and other prisoners

or other persons as the Board may deem relevant.";

(d) in sub-regulation (6) thereof the word "promptly"

shall be deleted; and

(e)

sub-regulation (7) thereof shall be substituted by the

following

"(7) (a) Where it is not considered practicable

by the Board to carry out a visit or an inspection under the

foregoing provisions of this regulation by all the members

of the Board, a visit or an inspection may be carried out by

not less than two members designated for such purpose by

the Board.

(7) (b) Such visit shall be deemed a visit or an

inspection carried out by the Board, and the foregoing

provisions shall apply to any such visit or inspection in the

same manner and to the like effect as to one carried out by

the Board. Any record kept by the members carrying out

such a visit or inspection and any complaint received by

such members shall be referred to the Board at its next

meeting and entered in the minutes.".

Regulation 107 of the principal regulations shall be Substitutes

regulation 107

substituted by the following

of the principal

regulations.

"107. It shall also be the duty of the Board to hear and

decide upon, as soon as practicable, any request or complaint

made to it by a prisoner directly to the Secretary or to any of its

members during the course of a visit or inspection.".

In regulation 108 of the principal regulations for the word Amends

"Chairman", whenever it occurs, there shall be substituted the word regulation

of the principal

"Chairperson".

regulations.

Regulation 109 of the principal regulations shall be Amends

regulation 109

amended as follows

of the principal

regulations.

(a)

in sub-regulation (1) thereof for the words "The

members of the Board" there shall be substituted the words "The

Secretary and the members of the Board"; and

(b) in sub-regulation (2) thereof for the words "and at

such other times" there shall be substituted the words "or at such

other times".

Regulation 110 shall be substituted by the following

Substitutes

regulation 110

of the principal

"110. (1) If any issue concerning a particular

regulations.

prisoner that is to be discussed or decided by the Board

involves potential conflict of interest for any Board

member, it shall be the responsibility of the Board member

to

(a)

declare the potential conflict of interest;

(b) not participate in any discussion concerning

the issue or the prisoner or any other matter related thereto;

and

(c) not vote on the issue of the prisoner or any

other matter related thereto.

(2) A member who absents himself without valid reason

for more than three consecutive meetings shall be considered as

having resigned his post.".

In sub-regulation (1) of regulation 115 of the principal Amends

regulations immediately after the words "every part of the prison" regulation

of the principal

there shall be added the words "including divisions outside the regulations.

Corradino Facility".

B

€0.63