PART 4
OFFICERS
Appointment of Commissioner and other officers
20.—(1)  The Minister may appoint a Commissioner of Prisons, one or more Deputy Commissioners of Prisons, Divisional Directors, Cluster Commanders or Superintendents of Prisons, and such number of prison officers, as may be necessary for the proper administration of this Act.
[1/2014]
[Act 6 of 2022 wef 02/09/2022]
(2)  The appointment of the Commissioner and of every Deputy Commissioner, Divisional Director, Cluster Commander and Superintendent must be notified in the Gazette.
[1/2014]
[Act 6 of 2022 wef 02/09/2022]
(3)  Every Deputy Commissioner, Divisional Director and Cluster Commander may, subject to any direction that may be given by the Commissioner, exercise and perform all or any of the powers, duties and functions of the Commissioner under any provision of this Act or any other written law; and any reference in the provisions of this Act or any written law to the Commissioner includes a reference to a Deputy Commissioner, a Divisional Director or a Cluster Commander.
[Act 6 of 2022 wef 02/09/2022]
Prison Standing Orders
21.  The Commissioner may issue orders, to be called Prison Standing Orders, not inconsistent with the provisions of this Act or of any regulations made under this Act.
[1/2014]
Inspection by Commissioner
22.  The Commissioner must periodically visit and inspect, or cause to be visited and inspected, all prisons in Singapore.
[1/2014]
Commissioner, etc., may exercise powers of Superintendent
23.—(1)  The Commissioner may exercise and perform all or any of the powers, duties and functions of the Superintendent under this Act.
[1/2014]
(2)  In addition, any Deputy Commissioner, Divisional Director or Cluster Commander may, subject to any direction that may be given by the Commissioner, exercise and perform all or any of the powers, duties and functions of the Superintendent under this Act.
[1/2014]
[Act 6 of 2022 wef 02/09/2022]
Duties of Superintendent
24.  Subject to the orders of the Commissioner, a Superintendent must —
(a)supervise and control all matters in connection with any prison the administration of which is vested in the Superintendent; and
(b)be responsible to the Commissioner for the conduct and treatment of the prison officers and prisoners under the Superintendent’s control, and for the due observance by prison officers and prisoners of the provisions of this Act and of all other written law relating to prisons or prisoners.
[1/2014]
Medical officers for prisons
25.  The Commissioner must appoint one or more registered medical practitioners as may be necessary to be medical officers for the prisons.
[33/2004; 1/2014]
Duties of medical officer
26.  Subject to the control of the Commissioner, the medical officer must perform such duties as may be prescribed.
[1/2014]
Duties of prison officers
27.  Prison officers must perform such duties as may be prescribed.
Accoutrements
28.  Every prison officer must be provided with any staves, arms, ammunition and other accoutrements that may be prescribed.
[33/2004]
Observance of laws, regulations and orders
29.  Every prison officer must —
(a)strictly conform to all laws and regulations relating to prisons, lock‑ups, prisoners and lock‑up prisoners; and
(b)obey all lawful orders of his or her superior officers, whether given verbally or in writing, or issued in the form of prison or lock‑up regulations or standing orders.
[33/2004; 15/2010]
Prison officers and medical officers deemed public servants
30.  All prison officers and medical officers appointed under this Act or any regulations made under this Act are deemed to be public servants within the meaning of the Penal Code 1871.
[33/2004]
Use of weapons
31.—(1)  Subject to this section, a prison officer may use any weapon —
(a)against any prisoner or lock-up prisoner escaping or attempting to escape;
(b)against any person who does any act or attempts to do any act to facilitate the escape of any prisoner or lock‑up prisoner; or
(c)against any person engaged in any attempt to damage or force or break open —
(i)the outside door or gate or enclosure wall of a prison or lock‑up or any other part of a prison or lock‑up; or
(ii)any part of any vehicle in which a prisoner or lock‑up prisoner is conveyed.
[33/2004; 15/2010]
(2)  A prison officer may use any weapon —
(a)on any prisoner or lock-up prisoner engaged in any combined outbreak; and
(b)on any person engaged in any attempt to damage or force or break open —
(i)the outside door or gate or enclosure wall of a prison or lock‑up or any other part of a prison or lock‑up; or
(ii)any part of any vehicle in which a prisoner or lock‑up prisoner is conveyed,
and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted.
[33/2004; 15/2010]
(3)  Every prison officer may use weapons against any prisoner or lock‑up prisoner using violence on any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to the prison officer or other person.
[33/2004; 15/2010]
(4)  A prison officer must not resort to the use of any weapon under subsection (1) unless the prison officer has reasonable ground to believe that he or she cannot otherwise prevent the escape of any prisoner or lock-up prisoner.
[33/2004; 15/2010]
(5)  Before using any firearm against a prisoner or lock‑up prisoner or other person mentioned in subsection (1), the prison officer must give a warning to the prisoner or lock‑up prisoner or that other person (as the case may be) that the prison officer is about to fire on him or her.
[33/2004; 15/2010]
(6)  A prison officer must not, in the presence of his or her superior officer, use any firearm against a prisoner or lock‑up prisoner or other person in the circumstances described in subsection (1) or (2) except under the orders of that superior officer.
[15/2010]
(7)  The use of weapons under this section must be, as far as possible, to disable and not to kill.
(8)  Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any prison or lock‑up, for the purpose of ensuring the safe custody of any one or more prisoners or lock-up prisoners, is deemed to have all the powers and privileges granted to prison officers under this section.
[15/2010]
Prison officer to have powers of police officer
32.—(1)  Every prison officer while acting as such has by virtue of his or her office all the powers, authorities, protection and privileges of a police officer.
[33/2004; 15/2010]
(2)  Every prison officer while acting as such and exercising the powers of a police officer is deemed to be an officer not below the rank of inspector of police.
[15/2010]