PART 5 | CUSTODY AND REMOVAL OF PRISONERS |
| Prisoners deemed in legal custody |
33.—(1) Every prisoner confined in any prison is deemed to be in the legal custody of the Superintendent of that prison.| (2) Every prisoner is subject to the prison discipline and regulations during the whole time of his or her imprisonment, whether or not he or she is within the precincts of any prison. |
|
| Employment of auxiliary police officers as escorts and guards |
| 34.—(1) For the purpose of assisting the Commissioner in the discharge of his or her duties under this Act, the Commissioner may employ any number of auxiliary police officers that he or she considers fit as escorts or guards to ensure the safe custody of the prisoners who are under his or her custody. [1/2014] | (2) A prisoner who is delivered into the custody of an auxiliary police officer under this section is deemed to be in lawful custody. |
(3) Every auxiliary police officer who is employed as an escort or a guard under subsection (1), in the course of carrying out his or her duties as an escort or a guard —| (a) | has the powers of a prison officer conferred under section 31; | | (b) | is deemed to be a prison officer for the purpose of section 69; and | | (c) | is deemed to be an officer for the purposes of sections 72 and 73. |
|
| (4) Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871. |
| (5) In this section, “auxiliary police officer” means a member of an auxiliary police force established under any other written law. [3/2005] |
|
| Superintendent to detain persons committed |
| 35. The Superintendents are authorised and required to keep and detain all persons duly committed to their custody by any court, Judge, Magistrate, Justice of the Peace or other public officer lawfully exercising civil or criminal jurisdiction, according to the exigency of any writ, warrant or order by which the persons have been committed, or until the persons are discharged by due course of law. [14/2010] |
| Delivery of persons on remand |
| 36.—(1) Every person remanded to any prison by any court, Judge, Magistrate or Justice of the Peace who is charged with any crime or offence must be delivered to the Superintendent of any prison that the Minister appoints for the custody of such persons, together with a warrant of commitment. [14/2010] | (2) The Superintendent must detain a person mentioned in subsection (1) according to the terms of the warrant, and must cause that person to be delivered to such court, Judge, Magistrate or Justice of the Peace, or must discharge that person at the time named in and according to the terms of the warrant. [14/2010] |
|
| Delivery of persons arrested on warrant |
37.—(1) Every person arrested pursuant to any writ, warrant or order of any court having civil jurisdiction must be brought without delay before the court by which the writ, warrant or order was issued, awarded or made.| (2) If the court mentioned in subsection (1) is not sitting, the person must be delivered to the Superintendent for intermediate custody, and the Superintendent must cause the person to be brought before that court at its next sitting in order that the person may be dealt with according to law. |
|
| Production of persons before court |
38.—(1) Whenever the presence of any person confined in a prison is required in any court of civil or criminal jurisdiction, the court may issue a written order addressed to the Superintendent requiring the production before the court of the person in proper custody at the time and place to be named in the order.| (2) The Superintendent must cause the person named in the order to be brought up as directed, and must provide for the person’s safe custody during his or her absence from prison. |
| (3) A court may by endorsement on the order require the person named in the order to be again brought up at any time to which the matter, in which the person is required, may be adjourned. |
(4) An order under this section may be signed by —| (a) | the Registrar of the Supreme Court, if the order is issued by the Court of Appeal, the Appellate Division of the High Court or the General Division of the High Court; | | (b) | the registrar of the Family Justice Courts, if the order is issued by the Family Division of the High Court, a Family Court or a Youth Court; | | (c) | the registrar of the State Courts, if the order is issued by a District Court, a Magistrate’s Court, a Coroner’s Court or any other State Court; or | | (d) | the District Judge, Magistrate or Coroner who issued the order. |
|
(5) An order under this section requiring the production of a person before a court in civil proceedings may be made by —| (a) | the Registrar of the Supreme Court, if the presence of the person is required in the Court of Appeal, the Appellate Division of the High Court or the General Division of the High Court; | | (b) | the registrar of the Family Justice Courts, if the presence of the person is required in the Family Division of the High Court or a Family Court; or | | (c) | the registrar of the State Courts, if the presence of the person is required in a District Court, a Magistrate’s Court, a Coroner’s Court or any other State Court. [Act 25 of 2021 wef 01/04/2022] [16/2016; 40/2019] |
|
|
| Powers of Commissioner for production of prisoner in certain cases |
| 39.—(1) The Commissioner may, on proof to his or her satisfaction that the presence of any prisoner at any place is required in the interests of justice, or for the purpose of any public inquiry, by writing under the hand of the Commissioner order that the prisoner be taken to that place. [33/2004; 1/2014] | (2) A prisoner taken from a prison pursuant to an order made under this section must, while outside that prison, be kept in any custody that the Commissioner may by writing under the hand of the Commissioner direct, and while in that custody is deemed to be in legal custody. [33/2004; 1/2014] |
|
| Powers of Superintendent for production of prisoner in interest of prisoner |
40.—(1) The Superintendent of any prison may, on proof to his or her satisfaction that the presence of a prisoner at any place is required in the interest of the prisoner, by writing under the hand of the Superintendent order that the prisoner be taken to that place.| (2) A prisoner taken from a prison under an order made under subsection (1) must, while outside that prison, be kept in any custody that the Superintendent may by writing under the hand of the Superintendent direct, and while in that custody is deemed to be in lawful custody. |
|
| 41. The Superintendent is responsible for the due discharge of all prisoners immediately upon their becoming entitled to release, whether by the expiry of their terms of sentence, or by pardon, or by commutation, or by remission of sentence. |
| Occurrence of infectious disease |
| 42.—(1) If the Commissioner is satisfied that a case of a contagious or infectious disease has occurred or is likely to occur in any prison, the Commissioner may order the removal of any of the prisoners from the prison to another place although that place may not be a prison under this Act. [33/2004; 1/2014] | (2) In a case of emergency and where the Commissioner is absent or unable to make the order for removal under subsection (1), the order may be made by the Superintendent of the prison concerned or any of the Visiting Justices of the prison. [33/2004; 1/2014] |
| (3) A place mentioned in subsection (1) is deemed during the continuance of any prisoner within to be a part of the prison from which the prisoner was so removed. |
| (4) When the disease has ceased, any prisoner so removed from any prison must be taken back to the prison from where he or she was removed, if still liable to be confined in the prison. |
|
| Prisoners who are mentally disordered |
43.—(1) Whenever a prisoner undergoing a sentence of imprisonment appears to the Commissioner on the certificate of a registered medical practitioner to be mentally disordered, the Commissioner may, by written order, setting forth the grounds of belief that the prisoner is mentally disordered, direct the prisoner’s removal from any prison to any mental hospital or other fit place of safe custody within Singapore, there to be kept and treated as the Commissioner directs —| (a) | until the expiry of the term of imprisonment ordered by the sentence; or | | (b) | if it is certified by a medical officer that it is necessary for the safety of the prisoner or of others that he or she should be detained under medical care and treatment, until he or she is discharged according to law. [33/2004; 21/2008; 1/2014] |
| (2) When it appears to the Commissioner on the certificate of a registered medical practitioner that such prisoner has ceased to be mentally disordered, the Commissioner must, by a written order, return the prisoner to the prison from where the prisoner was removed if his or her term of imprisonment has not expired, but if the term has expired, must direct him or her to be discharged. [33/2004; 21/2008; 1/2014] |
| (3) Where a person is confined under this section in a psychiatric institution within the meaning of the Mental Health (Care and Treatment) Act 2008, section 15 of that Act applies to such person after the expiry of the term of imprisonment to which the person has been sentenced, and the time during which he or she is so confined is reckoned as part of such term. [21/2008] |
|
| 44.—(1) The Commissioner may, by written order, remove all or any prisoners confined in any prison to another prison within Singapore. [1/2014] | (2) It is not necessary in the order under subsection (1) to designate any prisoner by name, but it is sufficient to describe the prisoner or prisoners by reference to their nationality or sentence, or by some other like general description. |
| (3) If the Minister is satisfied that a person serving a sentence of imprisonment is under 21 years of age and might with advantage be detained in a reformative training centre, the Minister may, after consultation where practicable with the Judge or District Judge of the court which passed the sentence, authorise the Commissioner to transfer the person to a reformative training centre; and section 305(5) of the Criminal Procedure Code 2010 then applies to the person as if he or she had on the date of the transfer been sentenced to reformative training. [15/2010; 1/2014] |
| (4) If on the date of the transfer under subsection (3), the unexpired term of the person’s sentence is less than 3 years, that subsection applies to the person as if he or she had been sentenced to reformative training 3 years before the expiry of that term. |
(5) If a person detained in a reformative training centre is reported to the Minister by the Commissioner to be incorrigible, or to be exercising a bad influence on the other inmates of the institution —| (a) | the Minister may commute the unexpired part of the term for which that person is then liable to be detained in a reformative training centre to such term of imprisonment as the Minister may determine, not exceeding the said unexpired part; and | | (b) | for the purpose of this Act, that person is to be treated as if the person had been sentenced to imprisonment for that term. [1/2014] |
|
|
| 45.—(1) In case of illness of a prisoner (other than a prisoner mentioned in subsection (2)) confined in a prison in which there is no suitable accommodation for the prisoner, any Superintendent may, on the certificate of a medical officer, make an order for the prisoner’s removal to a hospital. [26/2001; 33/2004] | (2) Where a prisoner confined in a prison appears to the Minister on the certificate of a registered medical practitioner to be suffering from leprosy, the Minister may, by written order, direct the prisoner’s removal to any hospital or place specified by the Director of Medical Services under section 8(1) of the Infectious Diseases Act 1976, there to be kept and treated until cured of his leprosy. [33/2004] |
| (3) So long as any prisoner who has been removed to any hospital or place under subsection (2) remains in the hospital or place, the medical officer thereof must, at the end of every month, transmit to the Superintendent of the prison a certificate signed by the medical officer that it is in his or her opinion necessary that the prisoner should remain in the hospital or place. |
|
| 46.—(1) So soon as, in the opinion of the medical officer in charge of any hospital or place specified by the Director of Medical Services under section 8(1) of the Infectious Diseases Act 1976, it is no longer necessary that any prisoner who has been removed to the hospital or place should remain there, the medical officer must transmit to the Superintendent a certificate, stating that such necessity has ceased. [33/2004] | (2) Thereupon the Superintendent must forthwith cause the prisoner to be brought back to the prison if the prisoner is still liable to be confined in the prison. |
|
| 47. If any prisoner escapes during the time that the prisoner is in any hospital, mental hospital or place as aforesaid, no prison officer is to be held answerable for the escape, unless the prisoner has been in the personal custody of that officer. |
48.—(1) Every precaution must be taken by the medical officers and other officers of any hospital, mental hospital or place to prevent the escape of prisoners who may at any time be under treatment therein.| (2) The officers mentioned in subsection (1) may take any measures for preventing the escape of any prisoner that are necessary. |
| (3) Nothing is to be done under the authority under this section which in the opinion of the medical officers is likely to be prejudicial to the health of those prisoners. |
|
| Special custody in hospital |
49.—(1) Where in any case, from the gravity of the offence for which any prisoner may be in custody or for any other reason, the Superintendent considers it to be desirable to take special measures for the security of the prisoner while under treatment in a hospital, mental hospital or place, the Superintendent may give the prisoner into the charge of at least 2 fit and proper persons, one of whom at the least must always be with the prisoner day and night.| (2) Such persons are vested with full power and authority to do all things necessary to prevent the prisoner from escaping, and are answerable for the prisoner’s safe custody until such time that the prisoner is handed over to a prison officer on the prisoner’s discharge from the hospital, mental hospital or place or until such time as his or her sentence expires, whichever may first occur. |
|
| Saving of powers of General Division of High Court |
| 50. Nothing in this Act lessens or affects the power of the General Division of the High Court to direct persons confined in Singapore to be brought before the General Division of the High Court by an Order for Review of Detention. [42/2005; 40/2019] |
|