CHAPTER
208
PRISONS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Gratuity in respect of officer killed in the
course of duty. |
Pensionable status of certain officers. |
Conditions of service and appointment of
subordinate officers. |
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Prison officer to be peace officer. |
Deposits Fund |
Certain fines to be credited to Deposit Fund. |
Employment of Prisoners |
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Corporal Punishment for
Prison Offences |
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Miscellaneous |
Removal of sick person to hospital. |
Removal of prisoners in certain cases. |
Attendance of prisoners at court as witnesses. |
Discharge when term expires on Sunday or public
holiday. |
Prison committee may administer oaths. |
Release of Prisoners on
Licence. |
Power to Governor-General to grant licence to
prisoner to be at large. |
Holder of licence to be allowed to go at large. |
Apprehension of prisoner where licence revoked. |
|
Apprehended prisoner to be brought up for
recommitment. |
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Penalty for breach of conditions of licence. |
Extramural employment of prisoners. |
SCHEDULE. |
CHAPTER 208 |
PRISONS |
An Act to
provide for the establishment and government of prisons and for other purposes
connected therewith. | 22 of 1943
37 of 1945
22 of 1948
14 of 1950
30 of 1953
45 of 1954
46 of 1954
7 of 1956
14 of 1956
15 of 1956
1 of 1957
10 of 1960
15 of 1961
3 of 1962
21 of 1964
G.N. 172/1964
43 of 1964
84 of 1965
38 of 1968
9 of 1969
S.I. 54/1969
9 of 1972
E.L.A.O., 1974
15 of 1977
8 of 1981
5 of 1987
9 of 1997 |
[Assent 21st June,
1943]
[Commencement 10th August, 1943] |
1. This Act may be cited as the Prisons Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"medical
officer" means any qualified medical practitioner appointed to the medical
charge of any prison; |
"Minister"
means the Minister responsible for Prisons; |
"prison"
means and includes any place or premises declared to be a prison under this
Act, end shall be taken to comprise every gaol, hospital, asylum and every
other place however called which is or shall be used for the confinement of
prisoners charged with or convicted of any offence; |
"prisoner"
includes every inmate of any prison detained therein under remand pending trial
or under conviction of or sentence for any offence; |
"rules"
means the rules made by the Minister under the authority of this Act. |
"subordinate
officer" means any officer of the Prison Department holding an office
specified in the Schedule to this Act; |
"visiting
committee" means any committee appointed by the Minister under the rules
in connection with any prison. |
3. The prisons of The Bahamas shall consist of- | Prisons of The Bahamas. |
(a) the prison
in New Providence; |
(b) the several
places in The Bahamas now used as prisons; |
(c) prisons
declared to be such by the Minister under section 4 of this Act. |
4. (1) It shall be lawful for the Minister to declare
any police station or part of any such police station or any other suitable
premises to be a prison. | District prisons. |
(2)
A declaration made under subsection (1) shall be published in the Gazette
as soon as may be after the making thereof. |
(3) Any person
sentenced on summary conviction to imprisonment with or without hard labour for
any term not exceeding twenty-eight days or such other period as may be
prescribed by rules under section 5 of this Act and
any person detained on suspicion or while awaiting trial may be imprisoned at
the nearest prison or at the prison in New Providence. |
5. The Minister may make rules- | Rules. |
(a) for the
government of the prisons and for the conduct and duties of the officers
thereof; |
(b) for the
discipline of officers, including the definition of disciplinary offences and
the procedure to be followed in hearing and determining disciplinary offences
against officers; |
(c) for the
award of medals, badges or other awards to officers, for such services or acts
as may be prescribed, and for the wearing of such medals, badges or awards; |
(d) for the
prevention of abuses in the wearing of medals, badges or awards; |
(e) for the
diet, clothing, maintenance, employment, discipline and punishment of the
prisoners; |
(f) for
regulating. the discharge from prison and return to his residence of any
prisoner who resides in an island other than New Providence and who wishes to
return thereto and for paying any reasonable expenses in connection therewith; |
(g) for
regulating the carrying out of the execution of the judgment of death, and for
guarding against abuse in such execution, and also for giving greater solemnity
to the same, and for making known throughout the prison walls the fact that
such execution is taking place. |
6. The Governor-General may from time to time by order
amend or revoke and replace the Schedule to this Act. | Power to amend Schedule. |
7. In the case of the death of an officer in the prison
service as the direct result of an injury received during the course of his
employment, it shall be lawful for the Governor-General, acting in accordance
with the advice of the Public Service Commission, to award to the dependants of
the deceased officer, in such proportions as advised, a sum equal to one year's
salary which such deceased officer was receiving at the date of his death. | Gratuity in respect of officer killed in the course of
duty. |
8. (1) Every officer in the prison service other than a
subordinate prison officer or other contract officer shall be deemed to be
serving in a pensionable office. | Pensionable status of certain officers. |
(2) The whole
continuous service of every such officer in the prison service as is referred
to in subsection (1) other than leave without salary and any previous service
during which such officer has received both salary and pension or gratuity
under section 13 of the Public Service Act, or the provisions of the
Pensions Act, as the case may be, shall be deemed to be pensionable service for
the purposes of the Pensions Act whether the whole or any of such service was
pensionable or otherwise. |
9. (1) A subordinate officer on first appointment shall
be not less than eighteen years of age, and no person shall be eligible for
appointment who cannot read, write, produce satisfactory evidence of good
character and be passed by a medical officer as physically fit for the duties
of his office. | Conditions or service and appointment of subordinate
officers. |
(2)
Subject to the provisions of this Act, a subordinate officer shall be appointed
for one year. |
(3)
Subject as aforesaid, a subordinate officer may be re-appointed for successive
periods of five years until the completion of thirty years of service or the
attainment of the age of fifty years, whichever event shall first occur. |
(4)
Nothing in subsection (3) shall prevent the re-appointment of any officer
mentioned in that subsection successively from year to year for a period not
exceeding a total of ten years after the completion of thirty years of service
or the attainment of the age of fifty years as aforesaid: |
Provided that at
every re-appointment the person applying to be re-appointed shall be found
physically fit and be recommended by the Superintendent of Prisons for
re-appointment. |
(5)
A subordinate officer wishing to be re-appointed pursuant to subsection (4),
shall apply in writing to the Superintendent of Prisons not less than three
months before the date on which the subordinate officer is to retire. |
10. (1) Any subordinate officer who after having
signed an engagement to serve in the prison service for a specified period,
deserts or leaves the service without lawful permission before his term of
engagement has expired shall be guilty of an offence and shall be liable on
summary conviction to a fine of eighty dollars or to four months imprisonment
or to both such fine and imprisonment. Any term of imprisonment awarded under
this subsection shall be served in the New Providence prison. | Offence of desertion. |
(2) Any
subordinate officer who is absent without leave for any period exceeding
forty-eight hours or who withdraws from duty before he has been lawfully
discharged from the prison service shall be deemed a deserter and liable to be
punished accordingly. |
11. Every male prison officer while acting as such
shall, by virtue of his appointment and without being sworn in, be deemed to be
a peace officer and shall have all the powers and privileges of a peace
officer. | Prison officer to be peace officer. |
Deposit Fund |
12. (1) All fines imposed under the provisions of this
Act or any rule made thereunder for any offence against discipline
shall be paid to the Consolidated Fund to be placed to the credit of the
Deposits Fund. | Certain fines to be credited to Deposits Fund. |
(2)
No payment shall be made from the Deposits Fund except
upon the authority of the Minister on the recommendation of the Superintendent
of Prisons in whose discretion payments may be sanctioned for the following
purposes- |
(a) assistance
to the widows or families of deceased subordinate officers or to any
subordinate officer discharged from the Prison Service as medically unfit, if
such widows, families or subordinate officers are in destitute or necessitous
circumstances; |
(b) assistance
in case of long continued illness of a subordinate officer involving loss or
suspension of pay; |
(c) assistance
in case of illness of a subordinate officer's family or those dependant upon
him or in any similar case of unusual expense caused by illness which the officer
is called upon to bear; |
(d) payments to
subordinate officers as rewards for meritorious acts of service in the
execution of duty, if such payments are not met from the revenue of The
Bahamas; |
(e) contributions
towards prizes to be given at athletic meetings and similar events organised by
or for the benefit of the Prison Service; |
(f) expenditure
for the benefit and advancement of authorised recreation and sport and other
branches of welfare activity organised within the Prison Service. |
Employment of
Prisoners |
13. (1) Prisoners sentenced to penal servitude or to
imprisonment with hard labour may be employed at hard labour within or without
the walls of a prison subject to the rules. | Employment of prisoners. |
(2) Hard labour or
penal servitude when performed within a prison shall consist of such work as
may be prescribed by the rules. |
(3) Hard labour or
penal servitude when performed without the walls of a prison shall consist of
the employment of the prisoner subject to the rules at any place on any work of
public utility. |
(4) No prisoner
shall be employed at hard labour on Sunday, or Good Friday, or Christmas Day. |
(5)
The Minister shall make provision for the employment subject to the rules of all
convicted criminal prisoners not sentenced to penal servitude or to hard
labour, but no prisoner not sentenced to penal servitude or to hard labour
shall be punished for neglect of work except by such alteration in the scale of
diet as may be provided by the rules in the case of neglect of work by such
prisoners. |
[i]* Corporal Punishment for Prison
Offences |
14. (1) Corporal punishment may be inflicted on male
prisoners for such prison offences as may be prescribed by the rules. | Corporal punishment. |
(2) Every
infliction of corporal punishment with the cat shall be
attended by the Superintendent of Prisons or such other prison officer as may
be delegated by him and the medical officer. |
(3) The medical
officer shall give such orders for preventing injury to the health of a
prisoner on whom corporal punishment is inflicted as he may deem necessary and
it shall be the duty of the Superintendent to carry them into effect and the
Superintendent shall enter in the punishment book the hour at which the
punishment is inflicted, the number of lashes and any order which the medical
officer may have given on the occasion. |
15. (1) Corporal punishment for a prison offence in
the case of a male prisoner of or over sixteen years of age shall be inflicted
with a cat or rod and in the case of a male prisoner under that age with a rod. | Instrument to be used. [ii]* |
(2)
The cat and rod shall be of patterns approved by the Minister. |
16. The number of lashes inflicted for a prison
offence on a prisoner of or over sixteen years of age shall not exceed
twenty-four and on a prisoner under that age, eighteen. | Number of lashes. [iii]* |
Miscellaneous |
17. The Superintendent of Prisons may, on the certificate
of the medical officer, by instrument in writing direct that any sick, diseased
or insane prisoner be taken from prison to any hospital or other suitable place
for medical treatment for so long as may be necessary, and the time during
which the prisoner is in such hospital or place shall be counted as part of the
term for which he was sentenced: | Removal of sick person to hospital. |
Provided that, in
the case of a prisoner detained in an Out Island prison who, in the opinion of
the Commissioner, is seriously ill and requires immediate medical attention,
the Commissioner may by warrant direct that such prisoner be taken from prison
to any hospital or other suitable place for medical treatment for so long as
may be necessary, and shall forthwith report the fact to the Minister responsible
for Local Government for confirmation of such warrant by the Superintendent of
Prisons by instrument in writing. The time during which the prisoner is in such
hospital or place shall be counted as part of the term for which he was
sentenced. |
18. (1) Any prisoner may by instrument under the hand
and official seal of the Minister be confined in any prison in any part of The
Bahamas or may be removed from one prison to another prison for the purpose of
enabling the prison to be altered, enlarged or rebuilt, or in the case of
contagious or infectious disease breaking out in the prison in which he is then
confined, or for other reasonable cause; and any prisoner removed from a prison
in pursuance of this section may by instrument under the hand and official seal
of the Minister be taken back to the prison or be removed to any other prison.
In default of and until any such instrument shall be given and subject to the
provisions of this Act prisoners shall be confined to the prison in New
Providence. | Removal of prisoners in certain cases. |
(2) Any such
instrument of the Minister shall protect all persons acting thereunder to the
same extent as persons are now by law protected for acting under the authority
of warrants of arrest or warrants of commitment in criminal cases. |
(3) In the case of
an infectious or contagious disease occurring in an Out Island prison, or in
the event of the destruction of any such prison by fire, or in any other
emergency, the Commissioner may take such steps and issue such directions as he
may deem necessary for the segregation or confinement of prisoners. He shall
forthwith report the circumstances to the Minister responsible for Local
Government and pending any instrument issued under subsection (1) of this
section any directions issued by the Commissioner shall protect all persons
acting thereunder to the same extent as persons are now by law protected if
acting under the authority of warrants of arrest or warrants of commitment in
criminal cases; and any building temporarily used for the confinement of any
such prisoners shall be deemed to be a prison within the meaning of subsection
(1) of section 4 of this Act. |
19. The officer in charge of any prison shall comply
with any direction given by the Supreme Court or any magistrate's court, in
accordance with sections 65, 130 or 144 of the Criminal Procedure Code, for the
attendance of any prisoner required for trial in respect of any offence, to
give evidence or to be present at the taking of any deposition. | Attendance of prisoner in accordance with directions
of court. |
20. A prisoner whose sentence expires on a Sunday or
on a public holiday shall be discharged on the previous day. | Discharge when term expires on Sunday or public
holiday. |
21. In every case of alleged breach of prison
discipline the persons who by the rules are authorised to investigate and
decide on such alleged offence shall have full power and authority to summon
witnesses and to take evidence on oath from any witness appearing before them,
and if any person having taken oath shall wilfully and corruptly give any false
evidence on any matter or question material to the subject then under
investigation every person so offending shall be deemed and be taken to be
guilty of perjury and shall and may be criminally proceeded against for such
offence in the same manner as if the proceeding in which the false evidence was
given had been a judicial proceeding in a court of law. | Prison committee may administer oaths. |
Release of
Prisoners on Licence |
22. (1) The Governor-General may grant to any prisoner
a licence to be at large within The Bahamas, or in such part thereof as is in
such licence expressed, during such portion of his term of imprisonment and
upon such conditions as the Governor-General may deem fit. The Governor-General
may at any time revoke or alter such licence. | Power to Governor-General to grant licence to prisoner
to be at large. |
(2) In the
exercise of the powers conferred upon him by this section the Governor-General
shall act in accordance with the advice of the Minister for the time being
designated under paragraph (2) of Article 90 of the Constitution. |
23. So long as such licence continues in force and
unrevoked, such prisoner shall not be liable to imprisonment by reason of his
sentence, but shall be allowed to go and remain at large, according to the
terms of such licence. | Holder of licence to be allowed to go at large. |
24. In the case of the revocation of any such licence
as aforesaid the Governor-General may by order in writing signify to the
magistrate or justice of the peace that such licence has been revoked, and
require him to issue a warrant for the apprehension of the prisoner to whom
such licence was granted, and such magistrate or justice of the peace shall
issue his warrant accordingly. | Apprehension of prisoner where licence revoked. |
25. Such warrant may be executed by any officer to
whom it may be directed or delivered for that purpose in any part of The
Bahamas, and shall have the same force in any place within The Bahamas as if it
had been originally issued, or subsequently endorsed, by the magistrate or
justice of the peace or other authority having jurisdiction in the place where
the same is executed. | Execution of warrant. |
26. The prisoner, when apprehended under such warrant,
shall be brought, as soon as conveniently may be, before the magistrate or
justice of the peace by whom it had been issued, or before some other magistrate
or justice of the peace of the same place, or before a magistrate or justice of
the peace having jurisdiction in the district in which the prisoner is
apprehended. Such magistrate or justice of the peace shall thereupon make out
his warrant under his hand and seal for the recommitment of the prisoner to the
prison from which he was released by virtue of the said licence. | Apprehended prisoner to be brought up for
recommitment. |
27. Such prisoner shall be recommitted accordingly,
and shall thereupon be liable to be imprisoned for such further period as, with
the time during which he may have been imprisoned under the original sentence,
and the time during which he may have been at large under an unrevoked licence,
is equal to the period mentioned in the original sentence. | Recommitment. |
28. If a licence be granted under section 23 of this
Act upon any condition specified therein, and the prisoner to whom the licence
is granted violates any such condition, or goes beyond the limits specified in
the licence, or, knowing of the revocation of such licence, neglects forthwith
to surrender himself, or conceals himself, or endeavours to avoid being
apprehended, he shall be liable upon conviction to be sentenced to imprisonment
for a period not exceeding the full period of imprisonment mentioned in the
original sentence. | Penalty for breach of conditions of licence. |
29. (1) For the purpose of this section- | Extra-mural employment of prisoners. |
"prisoner"
means a prisoner who- |
(i) is serving
a sentence of imprisonment for a term of two years or more, or consecutive
terms of imprisonment amounting in the aggregate to two years or more, with or
without hard labour, and |
(ii) having
been selected by the Superintendent and, having been interviewed by the
Visiting Committee, has been approved by the Visiting Committee as a person
suitable for employment under the provisions of subsection (2) of this section; |
"Superintendent"
means the Superintendent or other officer in charge of a prison. |
(2)
Notwithstanding the provisions of subsections (1), (2) and (3) of section 13 of
this Act, the Superintendent may grant a licence, subject to the conditions and
in the form prescribed by rules made under subsection (7) of this section to a
prisoner permitting him to be outside such prison between such hours in the
forenoon and such hours in the afternoon as may be approved by the Chairman of
the Visiting Committee and the Superintendent, other than upon Sundays or
Public Holidays, for the purpose of being gainfully employed by an employer
approved by the Visiting Committee, but such prisoner shall be deemed to remain
at all times under the supervision of the said Superintendent, who may at any
time revoke such licence without incurring liability for any loss or damage
suffered by the employer. |
(3) A prisoner
employed outside a prison under the provisions of subsection (2) of this
section shall, whilst outside a prison for the purpose of being so employed or
for the purpose of going to and from the place of such employment, be deemed to
be in lawful custody under sentence of imprisonment and if he fails to go to
such place of employment, or if he fails to remain at such place of employment
during the hours of such employment and return to such prison, in accordance
with the conditions of the licence granted to him under the provisions of
subsection (2) of this section, he shall be deemed to have escaped under the
provisions of section 444 of the Penal Code. |
(4) An employer
employing a prisoner under the provisions of subsection (2) of this section
shall not be deemed to have the custody of such prisoner within the meaning of
section 442 of the Penal Code. |
(5) A person
employing a prisoner under the provisions of subsection (2) of this section
shall if requested by the Superintendent render weekly to the Superintendent a
report on the conduct of such prisoner in accordance with the conditions and in
the form prescribed by rules made under subsection (7) of this section. |
(6) The earnings
of a prisoner employed under the provisions of subsection (2) of this section
shall be paid by the employer to the Superintendent or other officer deputed by
the Superintendent, who shall- |
(i) deduct
therefrom, from time to time, and pay to such prisoner such sums as may be
deemed necessary by the Superintendent for the expenses, including clothing, of
such prisoner when outside the prison in the course of his employment; |
(ii) deduct
therefrom, from time to time, and pay to public funds such sums as may be
approved by the Superintendent for the rental of a bicycle, or for other means
of conveyance approved by the Superintendent, if any, provided from public
funds for the purpose of enabling a prisoner to travel to and from his place of
employment; |
(iii) deduct
therefrom, from time to time, and pay to public funds such sums as may be
approved by the Visiting Committee for the daily cost of board and
accommodation of such prisoner in the prison; and |
(iv) deduct
therefrom from time to time and pay to public funds such sums as may be
approved by the Superintendent for the purchase of a bicycle and all necessary
tools for such prisoner; |
(v) from time
to time at the request of the prisoner pay to his dependants such sums as may
be approved by the Visiting Committee; |
(vi) from time
to time invest the balance of such earnings in trust for such prisoner in such
manner and upon such conditions as may be prescribed by rules made under
subsection (7) of this section and upon release of such prisoner make such
balance available to him in such amount or amounts and at such time or times,
not later than six months after his release, as may be approved by the Visiting
Committee. |
(7) The Visiting
Committee may, with the approval of the Minister make
rules- |
(i) prescribing
the manner and conditions of investment of the balances of moneys earned by
prisoners engaged in employment under the provisions of this section; |
(ii) prescribing
the conditions and form of licences granted to prisoners under subsection (2)
of this section; |
(iii) prescribing
the conditions and form of reports to be rendered under subsection (5) of this
section. |
SCHEDULE |
Sergeant.
Corporal.
Prison Officer. |