L.N. 328.

THE PRISONS ORDINANCE

(No. 81 of 1952)

In exercise of the powers conferred on him by sub-section (3) of

section 8 of the Prisons Ordinance, 1952, the Secretary for Defence hereby
makes the following Rules:

THE LOCKUP RULES, 1953

Citation. 1. These Rules may be cited as the Lockup Rules 1953.

Interpretation. 2. In these Rules, unless the context otherwise requires:

“Chief Police Officer”, “Officer-in-Charge of a Police District”,

“constable”, “police officer” and “subordinate police officer” shall have
No. 14 of 1952. the same meanings as in the Police Ordinance, 1952;

“lockup” means a lockup appointed by the Secretary for Defence

under sub-section (1) of section 8 of the Ordinance;

“Medical Officer” means a medical officer appointed by the Chief

Medical Officer of a State or Settlement to provide medical attention for
prisoners confined in a lockup;

“the Ordinance” means the Prison Ordinance, 1952;

“prisoner” means any person, whether convicted or not, who is

confined or detained in a lockup;

“weekly holiday” has the same meaning as in the Holidays Ordinance,

No. 55 of 1951. 1951.

General charge 3. (1) The general charge and administration of lockups and the
and administration control of police officers in charge of, or attached to, lockups shall be
of lockups.
vested in the Chief Police Officer.

(2) The Officer-in-Charge of a Police District in which any lockup

is situated, in these Rules referred to as “the Officer-in-Charge”, shall be
in charge of each such lockup and shall be responsible for the due
enforcement of these Rules.

(3) Where a lockup is situated in a police station, the police officer-

in-charge of such station, in these Rules referred to as “the Deputy-
Officer-in-Charge” shall be in charge of that lockup and shall be
responsible for the due enforcement of these Rules.

Prisoners deemed 4. Every person confined in a lockup shall be deemed to be in the

in lawful custody. lawful custody of the Officer-in-Charge or of the Deputy-Officer-in-
Charge thereof.

ACCOMMODATION

Sleeping 5. (1) Male and female prisoners shall be kept absolutely separate and
accommodation.
confined in separate cells. Women prisoners shall in all cases be attended
by women. A male police officer shall not enter any accommodation
appropriated for women prisoners except on duty and unless accompanied
by a woman.

(2) A cell in which a woman prisoner is confined shall, if

necessary, be screened to ensure reasonable privacy.

6. (1) The Officer-in-Charge shall, where possible, make provision Segregation of

classes.
for the segregation of prisoners according to the reason for the
confinement, age and sex.

(2) Where possible unconvicted prisoners shall not be confined

with convicted prisoners.

ADMISSION AND DISCHARGE

7. Every prisoner shall be searched on admission and all clothing and Prisoner’s
clothing and
property, other than one set of clothing, shall be removed, entered in the property.
Prisoner’s Property Receipt Book, and placed in safe custody. Any monies
or valuable sent for delivery to a prisoner shall be entered in the Prisoner’s
Property Receipt Book and placed in safe custody. The Receipt Book shall
be signed both by the prisoner and the officer who makes the entries.

8. A woman prisoner shall be searched only by a woman. Searching of

women prisoners.

9. Every prisoner shall take a bath on admission and thereafter twice Bathing.
daily.

9A. Every prisoner, except a Sikh accustomed to keeping his hair long Haircutting
on religious grounds, shall on admission have his hair cut close.

10. The Medical Officer shall so far as possible examine every Medical
prisoner as soon as possible after admission to a lockup and shall certify inspection on
whether the prisoner is fit for imprisonment and, if convicted the class of admission.

labour which he can perform.

11. On discharge of a prisoner his clothes and other personal property Return of
including any monies and valuables, shall be returned to him and a receipt clothing and
property
obtained from him in the Prisoner’s Property Receipt Book.

12. If the date of the release of a prisoner falls on a weekly holiday or a

public holiday, the prisoner shall be released on the preceding day. Date of release.

TREATMENT OF PRISONERS

13. Every prisoner shall be supplied with bedding which shall be

Bedding and
changed and washed as often as may be necessary but never less than once clothing.
a month.

14. Notices in English, Romanised Malay, Chinese and Tamil setting

Notices of
forth the facilities to which prisoners are entitled as regards facilities.
communication with friends or legal advisers, the granting of bail and the
provision of medical assistance shall be displayed at the entrance to each
lockup. In all cases where it is necessary the contents of the notice shall be
 communicated to all prisoners in a language they understand.

Diets. 15. The food supplied to a prisoner shall be in accordance with the diet
L.N. 326/53
scales set out in the First Schedule to the Prison Rules, 1953.
Examination of
food.
16. The Officer-in-Charge or Deputy-Officer-in-Charge shall ensure
that every article of food supplied to a prisoner is sound and of good
quality.

Punishment diet. 17. A prisoner ordered to be kept on restricted diet under punishment
shall be supplied with the punishment diet described in the First Schedule
L.N. 326/53. to the Prison Rules, 1953, unless otherwise ordered by the Medical
Officer.

Exercise. 18. Every prisoner shall so far as practicable take exercise daily.

Tobacco, spirits, 19. No prisoner shall under any pretext whatsoever be allowed any
etc, forbidden.
spirits, wine, beer or other intoxicants or any stupefying drugs, except on
the order of a Medical Officer.
Hours of rest.
20. Prisoners shall be lockup for the night by 6.30 p.m. and shall rise
and be dressed by 6.30 a.m.

Hours of labour. 21. Subject to any directions by the Medical Officer and where local
circumstances and the requirements of security permit, convicted prisoners
shall be employed on any suitable work as may be directed by the Officer-
in-Charge for seven and a half hours a day, and unconvicted prisoners
shall be permitted to volunteer for work:

Provided that prisoners shall only be required to do such work on

weekly holidays and on public holidays as may be deemed necessary for
the cleanliness of the lockup

VISITS, LETTERS AND PRIVILEGES

Visit to prisoners. 22. (1) A prisoner shall be entitled, subject as hereinafter provided, to
such visits from his relatives, friends and advocates as are consistent with
the proper discipline of the lockup.

(2) No prisoner shall receive more than one visit in each week from
relatives or friends.

(3) Not more than two persons shall be admitted to visit a prisoner
at any one time.

(4) No visit shall last for more than fifteen minutes.

(5) Every visitor shall furnish the Officer-in Charge or the Deputy-
Officer-in-Charge with his name and address and if the Officer-in-Charge
or the Deputy-Officer-in-Charge has any reason for suspicion, he may
search or cause to be searched a male visitor and may direct a woman
police officer to search a woman visitor, but such search shall not take
place in the presence of any prisoner or visitor.

(6) If any visitor refuses to be searched or if the Officer-in-Charge

or the Deputy-Officer-in-Charge is of the opinion that the admission of
such visitor would be prejudicial to the security and good order in the
lockup, the Officer-in Charge or the Deputy Officer-in-Charge may deny
admission to such visitor.

(7) If any article is found as a result of a search which in the

opinion of the Officer-in-Charge or the Deputy-Officer-in-Charge is likely
to be dangerous to the health or life of any prisoner or likely to facilitate
escape from the lockup, he may impound such article.

(8) Unless the Officer-in-Charge otherwise directs, the Deputy-

Officer-in-Charge, or a subordinate police officer or constable detailed by
such Deputy, together with an interpreter in any case where such officer or
constable does not understand the language spoken, shall be within the
sight and hearing during the whole of any visit of a prisoner, except in the
case of visits by an advocate, when the interview shall take place in the
sight of, but not in the hearing of, the subordinate police officer or
constable detailed.

23. A prisoner may be allowed visits by his advocate, including any Visit by
advocates.
representative of such advocate as such advocate considers necessary for
the preparation of his defence or appeal. The Officer-in-Charge or the
Deputy-Officer-in-Charge may take such action as he considers necessary
to establish the identity of any person claiming to be an advocate or his
representative.

24. No visit to a prisoner shall be allowed on weekly holiday or a Hours of visits.

public holiday and all visits shall take place during the normal working
hours of the prisoners or at such hours as the Officer-in-Charge may
direct.

25. (1) Consistent with the proper discipline of the lockup, a prisoner Letters by and to
prisoners.
shall be entitled to write a letter on admission and thereafter to write and
receive one letter each week:

Provided that the Officer-in-Charge may allow a prisoner to write and

receive additional letters for the purposes of making arrangements
respecting his family or property during his confinement for the purpose
of obtaining payment of any fine imposed upon him or of arranging for
any sureties; or respecting his appeal against conviction or sentence or
both; or to and from his advocate.

(2) The Officer-in-Charge may in his discretion allow a prisoner

who is entitled to a visit to write one letter and receive one letter in lieu of
such visit.

(3) The Officer-in-Charge or the Deputy-Officer-in-Charge shall

read every letter written by or addressed to any prisoner and if he
considers it to contain any objectionable matter such letter may be
detained.

(4) Subject to an appeal to the Secretary for Defence the decision

of an Officer-in-Charge under this rule shall be final.

26. So far as may be reasonably practicable and subject to the Luxuries.

directions of the Officer-in-Charge as regards quantity, a prisoner may
secure or purchase such luxuries, including clothing and tobacco, as are
consistent with good order and discipline.
 Provided that all such articles must be received or bought through the
Officer-in-Charge or the Deputy-Officer-in-Charge, who may impound
any article the possession of which is prohibited by these Rules or which,
in his opinion, is likely to be dangerous to health or life or is likely to
facilitate escape from the lockup.
.
Books, etc 27. (1) A prisoner may, as far as is consistent with the proper
discipline of the lockup, have the use of books and papers, provided that
all such articles are received or procured through the Officer-in-Charge or
the Deputy-Officer-in-Charge.

(2) The Officer-in-Charge or the Deputy-Officer-in-Charge may

detain any paper or book which in his opinion (subject to an appeal to the
Secretary for Defence) contains any objectionable matter.

Writing materials. 28. Any prisoner may have the use of writing materials with the
permission and approval of the Officer-in-Charge or the Deputy-Officer-
in-Charge.

OFFENCES AND PUNISHMENT

Offences. 29. Every prisoner who wilfully commits any of the following acts
shall be deemed to have committed an offence against discipline:

(1) talks, laughs loudly or sings at any time after having

been ordered by a police officer to desist;
(2) quarrels with any other prisoner;
(3) secretes any article whatsoever;
(4) shows disrespect to any person employed in an official
capacity;
(5) makes groundless or frivolous complaints;
(6) holds any communication (in writing, by word of mouth
or otherwise) with a person not confined in the lock-up,
or with any other prisoner in disobedience to these
Rules;
(7) abets the commission of any offence;
(8) omits to assist in the maintenance of discipline by
reporting any offence, or to give assistance to an officer
when called on to do so;
(9) leaves without permission of a police officer the gang to
which he is attached, or the part of the lockup in which
he is confined;
(10) leaves, without the permission of a police officer, the
ward, yard, place in file, or seat or berth assigned to
him;
(11) omits or refuses to march in file;
(12) visits the latrine without permission of a police officer,
or remains there longer than is necessary;
(13) introduces into food or drink anything likely to render it
unpalatable or unwholesome;
(14) omits or refuses to wear the clothing given to him, or
exchanges any portion of it for the clothing of other
prisoners, or loses, discards, damages or alters any part
thereof;
(15) removes, defaces, or alters any distinctive number, mark
or badge attached to, or worn on, the clothing or person;
 (16) tampers in any way with locks, lamps or lights or other
property with which he has no concern;
(17) spits on or otherwise soils any floor, door, wall or other
part of the lockup or any article therein;
(18) wilfully befouls any wall, latrine or washing or bathing
place;
(19) omits or refuses to take due care of any Government
property entrusted to him;
(20) wilfully causes himself any illness, injury or disability;
(21) causes or omits to assist in suppressing violence or in-
subordination of any kind;
(22) takes part in any attack upon any prisoner or police
officer;
(23) disobeys any lawful order of a police officer;
(24) idles or shows negligence in the performance of his
allotted task.
Power of
30. Every offence against discipline shall be investigated by the punishment.
Officer-in-Charge as soon as possible and after due enquiry the Officer-in-
Charge may punish any prisoner found guilty of an offence specified in
Rule 29 by ordering him to undergo confinement in a punishment cell on
restricted diet for a period not exceeding three days and may, if necessary
for this purpose, transfer any prisoner to any other lockup within his
district.

31. Every prisoner ordered to undergo dietry punishment shall be Examination by

Medical Officer.
examined by the Medical Officer before the order is implemented, and the
Medical Officer shall certify as to the fitness of the prisoner to undergo
such punishment.

32. The Officer-in-Charge shall maintain a Punishment Book for the Record of
punishments.
purpose of recording offences against discipline committed by prisoners
and the punishments ordered under these Rules and shall enter in such
book the name of any prisoner concerned, the date and nature of the
offence, the punishment ordered, the authority for awarding such
punishment and any directions by the Medical Officer.

33. No prisoner shall be placed in mechanical restraint as a Mechanical

restraint.
punishment.

STAFF

34. (1) The Officer-in-Charge shall be responsible that all written laws
Officer-in-
and rules relating to lockups, prisoners and staff are strictly followed and Charge.
that discipline and cleanliness are maintained.

(2) The Officer-in-Charge shall maintain or cause to be maintained

a Journal (in these Rules referred to as “the Journal”) in which shall be
recorded all matters and occurrences of importance, including the number
of prisoners in custody after each meal, and these entries shall be dated
and signed daily.

35. (1) The Officer-in-Charge or the Deputy-Officer-in-Charge shall Visits by Officer-

frequently and never less than once a day inspect all parts of each lockup in-Charge.
and shall see every prisoner confined therein at least once in every twenty-
four hours and shall visit each lockup at an uncertain hour of the night at
 least once in every seven days.

(2) A police officer shall be detailed daily by the Officer-in-Charge

to visit cells at least once each night to see that they are secure and to
check the number of prisoners.

Notification of 36. The Officer-in-Charge or the Deputy-Officer-in-Charge shall

illness. without delay report tot he Medical Officer any case of apparent mental
disorder or of injury to or illness of any prisoner.
Notification of
illness to relatives. 37. The Officer-in-Charge or the Deputy-Officer-in-Charge shall upon
the dangerous illness or death of any prisoner give immediate notice
thereof to the most accessible known relative of such prisoner.

Medical Officer’s 38. The Medical Officer shall visit each lockup whenever requested to
visit to lockups.
do so by the Officer-in-Charge, and he shall enter in the Journal his
comments on the state of the lockup and the prisoners confined therein.
Report of mentally
disordered person. 39. The Medical Officer shall notify the Officer-in-Charge of any
prisoner who appears to him to be mentally disordered or of unsound
mind.

Report of 40. Whenever the Medical Officer is of the opinion that the life of any
unfitness for prisoner will be in danger by his continued confinement in a lockup or that
confinement.
any prisoner is totally and permanently unfit for confinement, he shall
immediately state his opinion and the grounds thereof in writing to the
Officer-in-Charge, who shall forthwith forward the same to the President
of a Sessions Court or to a First Class Magistrate for transmission to the
Mentri Besar of the State or to the Resident Commissioner of the
Settlement, as the case may be.

Inspection of 41. The Medical Officer shall whenever he visits a lockup to examine
prisoner’s food. the food supplied to prisoners and shall enter in the Journal his comments
thereon.

SUBORDINATE POLICE OFFICERS AND CONSTABLES

Safe custody of 42. Subordinate police officers and constables shall at all times be
prisoners.
responsible for the safe custody of prisoners under their charge and shall
count the prisoners frequently and always-

(a) on receiving charge;

(b) on handing over charge; and
(c) on leaving any building or work,

and shall enter the muster in the Journal and shall sign the same.

43. No police officer shall make any unauthorised communication

Unauthorised
communications. concerning any prisoner to any person whatsoever, nor shall he hold
intercourse with the friends or relatives of any prisoner unless expressly
authorised so to do by the Officer-in-Charge.

Police discipline.
44. No police officer shall converse unnecessarily with any prisoner, or
by word, gesture or demeanour act in such a manner as may tend to annoy
a prisoner.
Police officers not 45. Except in cases of imperative necessity, no police officer shall
to enter cells.
enter the cell of a prisoner at night, unless he be accompanied by another
police officer.

Police officers not 46. No police officer shall strike or apply physical force to a prisoner
to strike prisoners.
unless compelled to do so in self-defence or in defence of another person.

47. (1) No police officer shall receive any fee or gratuity from, or on
Police officers not
to have any behalf of, any prisoner or any visitor to any prisoner.
financial dealings
with prisoners
(2) Except as provided in Rule 26 no police officer shall have any
money dealings with, or on behalf of, any prisoner or any visitor to any
prisoner.

Made this 23rd day of June, 1953.

[Defense 0. 874/51.]

A.H. P. HUMPHREY,
Acting Secretary for Defence.

*Retyped. Accuracy not warranted.