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Vanuatu Consolidated Legislation - 1988 |
Commencement: 12 September 1945
Repealed: 28 August 2006
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 20
PRISONS (ADMINISTRATION)
JR 6 of 1945
JR 6 of 1953
JR 20 of 1963
JR 18 of 1966
JR 28 of 1966
JR 12 of 1972
ARRANGEMENT OF SECTIONS
SECTION
1. Interpretation
2. Establishment of prisons
7. Prison Visiting Commission
Duties of Prison Officers
8. Books to be kept
11. Punishment of prisoners
12. Striking of prisoners prohibited
13. Prisoner may be kept in handcuffs
14. Prison officers not to employ prisoners as domestic servants
Admission and discharge of prisoners
15. Prisoners to be searched on admission
16. Prisoners property to be returned on discharge
17. Prisoners to be repatriated at expense of Government
Food, Clothing and Rations
20. Prison dress
21. Government to pay for food, clothing, bedding etc.
Labour
22. Duties of prisoners
23. No prisoner to work in excess of 10 hours daily
Personal Cleanliness and Health
26. Examination by medical officer
Visits, Communications and Privileges
27. Complaints by prisoners
28. Prison visits
29. Prisoners may work unattended if of good conduct
Release on Licence
30. Release on licence
31. Reports on prisoners
Prison Offences
32. Prison offences
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PRISONS (ADMINISTRATION)
To provide for the establishment, maintenance and administration of prisons.
INTERPRETATION
1. In this Act "Minister" means the Minister responsible for prisons.
ESTABLISHMENT OF PRISONS
(c) the prison in Luganville on the island of Espiritu Santo; the prison in Lakatoro on the island of Malekula; and the prison in Isangel on the island of Tanna. This list may be altered or added to by Order of the Minister.
MINISTER TO MAINTAIN AND ADMINISTER PRISONS
PRISON OFFICERS
SUPERINTENDENT OF PRISONS
INSPECTION OF PRISONS
PRISON VISITING COMMISSION
(a) inspecting the fabric, fittings and furnishings of the prison;
(b) ascertaining the physical and mental condition of the prisoners therein;
(c) ascertaining the living conditions of the said prisoners;
(d) ascertaining what and under what conditions work is performed by the said prisoners;
(e) receiving and recording any complaints as to the conditions of the said prison as may be made by any prisoner therein;
(f) ensuring generally that the provisions of this Act are being complied with.
(3) Without prejudice to the provisions of subsection (2) any member of the Prison Visiting Commission may at any time visit any prison or any part thereof for the purposes of subsection (2).
(4) The Visiting Commission shall submit to the Minister a report annually on prisons and may, and any member may, submit such other report as the Visiting Commission or such member may deem necessary.
(5) There shall be kept at every prison a Prison Visitor's Book in which at the conclusion of any visit the Visiting Committee or any member thereof (as the case may be) shall record the visit and such recommendations (if any) as the said Committee or such member may wish to make.
DUTIES OF PRISON OFFICERS
DUTIES OF PRISON OFFICERS BOOKS TO BE KEPT
8. The Superintendent shall keep or cause to be kept the following books-
(a) a prison register in which shall be entered each prisoner's name, the particulars of his imprisonment or sentence, the date of commencement and expiration thereof and the date of his discharge;
(b) a prisoner's property book in which shall be entered all clothing and property, including money, taken from prisoners and how it is disposed of;
(c) a punishment book for the entry of all punishments inflicted upon prisoners.
In addition he shall forward monthly to the Minister a list of offences committed by and punishments inflicted upon prisoners and wardens, with details of the offences committed.
RESPONSIBILITY FOR THE DISCHARGE OF PRISONERS
TREATMENT OF PRISONERS
PUNISHMENT OF PRISONERS
STRIKING OF PRISONERS PROHIBITED
PRISONER MAY BE KEPT IN HANDCUFFS
PRISON OFFICERS NOT TO EMPLOY PRISONERS AS DOMESTIC SERVANTS
ADMISSION AND DISCHARGE OF PRISONERS
PRISONERS TO BE SEARCHED ON ADMISSION
PRISONERS PROPERTY TO BE RETURNED ON DISCHARGE
PRISONERS TO BE REPATRIATED AT EXPENSE OF GOVERNMENT
Provided that while awaiting transport discharged prisoners may be rationed and lodged at the expense of the Government.
FOOD, CLOTHING AND RATIONS
SCALE OF RATIONS
18. Rations will be supplied to prisoners according to a scale approved by the Minister.
MEALS
PRISON DRESS
GOVERNMENT TO PAY FOR FOOD, CLOTHING, BEDDING ETC.
LABOUR
DUTIES OF PRISONERS
NO PRISONER TO WORK IN EXCESS OF 10 HOURS DAILY
PERSONAL CLEANLINESS AND HEALTH
PRISONERS TO KEEP THEMSELVES CLEAN
EXERCISE
This will not apply to prisoners undergoing solitary confinement unless at the direction of the officer in charge of the prison concerned.
EXAMINATION BY MEDICAL OFFICER
26. (1) Any prisoner appearing to be suffering from any serious ailment shall, wherever
possible be examined with the least possible delay by a medical officer or other doctor approved by the Minister. The instructions of such doctor shall be carried out.
(2) A stock of medicines and dressings shall be kept at each prison for the treatment of minor ailments and for first aid treatment.
VISITS, COMMUNICATIONS AND PRIVILEGES
COMPLAINTS BY PRISONERS
PRISON VISITS
28. (1) No visit to or communication with a prisoner, nor communication by a prisoner with
any person may be made except with the permission of, and subject to such directions as may be given by the Superintendent or officer in charge of the prisoner concerned.
(2) Any person who contravenes the provision of subsection (1) shall be guilty of an offence and on conviction therefor shall be liable to a fine not exceeding VT15,000.
PRISONERS MAY WORK UNATTENDED IF OF GOOD CONDUCT
RELEASE ON LICENCE RELEASE ON LICENCE
(2) Where the Minister is satisfied that any prisoner released on licence under the provision of subsection (1) should be recalled to prison he may order such recall.
REPORTS ON PRISONERS
31. (1) The Superintendent shall furnish reports to the Minister on the work and conduct of
every prisoner so that the Minister may consider whether any part of the sentence being served by such prisoner shall be remitted.
(2) Such reports shall be submitted as follows-
(a) in respect of every prisoner serving a term of more than 1 year: on the first of January of each year;
(b) in respect of every prisoner serving a term of less than 1 year and more than 6 months: on completion of half of the sentence.
(3) Notwithstanding the provisions of subsection (2) the Superintendent may at any time submit a report on any prisoner serving a sentence of more than 1 month and recommend to the Minister on the grounds of good work and conduct the remission of part of his sentence.
PRISON OFFENCES
PRISON OFFENCES
(q) escaping or attempting to escape;
(r) common assault on a prison or inspecting officer;
(s) false or malicious allegations against a prison officer;
(t) offending against good order and discipline in any other way.
PRISON OFFENCES TO BE DEALT WITH SUMMARILY
(a) solitary confinement with reduced diet not exceeding 14 days or for not more than is 4 days in any one week:
Provided that a sentence of solitary confinement shall be subject to the approval of a medical officer as to the health of the offender where such a sentence exceeds 4 days;
(b) extra labour not exceeding 1 hour per day for a period exceeding 14 working days;
(c) cancellation for a period not exceeding 14 days of any privileges to which the prisoner may be entitled by virtue of sections 28 and 29.
MEANS OF RESTRAINT
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URL: http://www.paclii.org/vu/legis/consol_act1988/pa276