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Prisons Act
(CHAPTER 247)
Status:
 
Current version
as at 22 Apr 2021
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Table Of Contents
Prisons Act
Status:
 
Current version
as at 22 Apr 2021
Please check the legislation timeline to ensure that you are viewing the correct legislation version. See also FAQ B3.
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02 Jan 2021   
  •  
     
  • 02 Jan 2021
    Amended by
    Act 40 of 2019
  • 01 Jan 2020
    Amended by
    S 858/2019
  • 01 Aug 2019
    Amended by
    S 527/2019
  • 13 May 2019
    Amended by
    Act 53 of 2018
  • 10 Jun 2016
    Amended by
    Act 16 of 2016
  • 01 Jul 2014
    Amended by
    Act 1 of 2014
  • 02 Jan 2011
    Amended by
    Act 15 of 2010
  • 02 Jan 2011
    Amended by
    Act 14 of 2010
  • 21 Nov 2010
    Amended by
    S 672/2010
  • 01 Mar 2010
    Amended by
    Act 21 of 2008
  • 11 Feb 2010
    Amended by
    S 74/2010
  • 17 Dec 2008
    Amended by
    Act 30 of 2008
  • 01 Feb 2008
    Amended by
    S 34/2008
  • 01 Jan 2006
    Amended by
    Act 42 of 2005
  • 10 Jun 2005
    Amended by
    Act 3 of 2005
  • 04 Oct 2004
    Amended by
    Act 33 of 2004
  • 16 May 2003
    Amended by
    Act 9 of 2003
  • 01 Sep 2001
    Amended by
    Act 26 of 2001
  • 30 Dec 2000
    2000 RevEd
  • 17 Apr 2000
    Amended by
    Act 8 of 2000
  • 01 Oct 1997
    Amended by
    Act 7 of 1997
  • 30 Mar 1987
    1985 RevEd
  •  
     
Table of Contents
  •  
  • Prisons Act
    (CHAPTER 247)
  • Long Title
  • Part I PRELIMINARY
    •   1 Short title
    •   2 Interpretation
  • Part II CONSTITUTION AND ADMINISTRATION
    •   3 Power to declare prisons
    •   4 Appointment of lock-ups at police stations and court houses as places of detention
    •   5 Temporary prisons
    •   6 General administration of prisons by Commissioner
    •   7 Administration of prison by Superintendent
  • Part III COMMITTEE OF INQUIRY
    •   8 Committee of inquiry
    •   9 Composition of committee of inquiry
    •   10 Powers of committee of inquiry
    •   11 Disobedience to summons an offence
    •   12 Refusal to give evidence an offence
    •   13 Giving of false evidence an offence
    •   14 Evidence and procedure
    •   15 Admissibility of evidence
    •   16 Proceedings not open to public
    •   17 Persons who may be affected by findings
    •   18 Record of proceedings
    •   19 Offence to influence or attempt to influence committee of inquiry
  • Part IV OFFICERS
    •   20 Appointment of Commissioner, Deputy Commissioner, etc.
    •   21 Prison Standing Orders
    •   22 Inspection by Commissioner
    •   23 Commissioner, etc., may exercise powers of Superintendent
    •   24 Duties of Superintendent
    •   25 Medical officers for prisons
    •   26 Duties of medical officer
    •   27 Duties of prison officers
    •   28 Accoutrements
    •   29 Observance of laws, regulations and orders
    •   30 Prison officers and medical officers deemed public servants
    •   31 Use of weapons
    •   32 Prison officer to have powers of police officer
  • Part V CUSTODY AND REMOVAL OF PRISONERS
    •   33 Prisoners deemed in legal custody
    •   34 Employment of auxiliary police officers as escorts and guards
    •   35 Superintendent to detain persons committed
    •   36 Delivery of persons on remand
    •   37 Delivery of persons arrested on warrant
    •   38 Production of persons before court
    •   39 Powers of Commissioner for production of prisoner in certain cases
    •   40 Powers of Superintendent for production of prisoner in interest of prisoner
    •   41 Discharge of prisoners
    •   42 Occurrence of infectious disease
    •   43 Prisoners who are mentally disordered
    •   44 Removal of prisoners
    •   45 Illness of prisoner
    •   46 Return to prison
    •   47 Liability for escape
    •   48 Duty to prevent escape
    •   49 Special custody in hospital
    •   50 Saving of powers of General Division of High Court
  • Part VA CUSTODY AND REMOVAL OF LOCK-UP PRISONERS
    •   50A Lock-up prisoners deemed in legal custody
    •   50B Employment of auxiliary police officers as escorts and guards
    •   50C Delivery of persons remanded in lock-up
    •   50D Extramural custody of lock-up prisoners
  • Part VB REMISSION OF SENTENCES
  • Division 1 — General
    •   50E Purpose and application
    •   50F Prisoner entitled to be released when remission order made, etc.
  • Division 2 — Remission orders
    •   50G Application
    •   50H Grant of remission
    •   50I When must remission order be made
    •   50J Remission order when prisoner has served 20 years of his sentence
    •   50K Effect of section 50I or 50J remission order on sentence
    •   50L Duration of section 50I or 50J remission order
    •   50M Extension of section 50I or 50J remission order
    •   50N Extension of section 50I or 50J remission order when person released is unlawfully at large, etc.
  • Division 3 — Remission orders for prisoners sentenced to life imprisonment
    •   50O Application
    •   50P Review of sentences of life imprisonment, etc.
    •   50Q Effect of section 50P remission order
    •   50R Duration of section 50P remission order
  • Division 4 — Basic condition of remission order
    •   50S All remission orders subject to basic condition
    •   50T Breach of basic condition and enhanced sentence
  • Division 5 — Mandatory aftercare scheme
    •   50U Application
    •   50V Mandatory aftercare conditions and variations, etc.
    •   50W Compliance not required when person detained, etc.
    •   50X Minor breaches of mandatory aftercare condition
    •   50Y Offence of serious breach of mandatory aftercare condition
    •   50Z Powers of arrest, etc.
  • Division 6 — Remission of default sentences
    •   50ZA Application
    •   50ZB Remission of default sentences
  • Division 7 — Transitional provisions
    •   50ZC Application
    •   50ZD Remission of sentences relating to offences committed before appointed day
    •   50ZE Remission of sentences for offences committed both before and on or after appointed day
    •   50ZF Application of Divisions 4 and 5
    •   50ZG Minister may prescribe additional transitional provisions
  • Part VI HOME DETENTION SCHEME
    •   51 Interpretation of this Part
    •   52 Order for home detention
    •   53 Eligibility for home detention
    •   54 Conditions for home detention
    •   55 Effect of home detention order
    •   56 Recall to prison
    •   57 Revocation of home detention order
    •   58 Suspension of home detention order
    •   59 Powers to enter and search
  • Part VIA EXTERNAL PLACEMENT SCHEME
    •   59A Interpretation of this Part
    •   59B External placement order
    •   59C Effect of external placement order
    •   59D Conditions for external placement
    •   59E Recall to prison
    •   59F Revocation of external placement order
    •   59G Suspension of external placement order
    •   59H Cancellation of external placement order
    •   59I Powers to enter and search
  • Part VII DISCIPLINE AND PRISON OFFENCES
    •   60 Offences governing prison supplies
    •   61 Desertion
    •   62 Payment of money forbidden
    •   63 Delivery of uniform, etc., on leaving
    •   64 Threatening, insulting or assaulting another prison officer
    •   65 Wearing and possession of uniforms, etc., by others
    •   66 Unauthorised articles, communications and recordings
    •   67 Prisoner may be allowed to work
    •   68 Separation of prisoners
    •   69 Extramural custody of prisoners
    •   70 Punishment by Superintendent for minor prison offences
    •   71 Punishment by Superintendent for aggravated prison offences
    •   72 Minor prison offences
    •   73 Aggravated prison offences
    •   74 Punishment by Visiting Justices
    •   75 Prisoner may make his defence
    •   76 Detention after date of discharge
    •   77 Corporal punishment
    •   77A Superintendent may restore remission
    •   78 Prosecution for offences
    •   79 Appointment of Visiting Justices
    •   80 Visits by Judges, Magistrates, etc.
    •   81 Scheme for prisoners to engage in employment
    •   82 Minister may amend Schedules
    •   83 Trial of offences
    •   84 Regulations
  • FIRST SCHEDULE Offences subject to mandatory aftercare conditions
  • SECOND SCHEDULE Disqualification from being released on home detention
  • Legislative History
  • Comparative Table
Whole Document
Prisons Act
Status:
Current version as at 22 Apr 2021
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  • Document
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  • 30 Mar 1987
    1985 RevEd
  • 01 Oct 1997
    Amended by
    Act 7 of 1997
  • 17 Apr 2000
    Amended by
    Act 8 of 2000
  • 30 Dec 2000
    2000 RevEd
  • 01 Sep 2001
    Amended by
    Act 26 of 2001
  • 16 May 2003
    Amended by
    Act 9 of 2003
  • 04 Oct 2004
    Amended by
    Act 33 of 2004
  • 10 Jun 2005
    Amended by
    Act 3 of 2005
  • 01 Jan 2006
    Amended by
    Act 42 of 2005
  • 01 Feb 2008
    Amended by
    S 34/2008
  • 17 Dec 2008
    Amended by
    Act 30 of 2008
  • 11 Feb 2010
    Amended by
    S 74/2010
  • 01 Mar 2010
    Amended by
    Act 21 of 2008
  • 21 Nov 2010
    Amended by
    S 672/2010
  • 02 Jan 2011
    Amended by
    Act 14 of 2010
  • 02 Jan 2011
    Amended by
    Act 15 of 2010
  • 01 Jul 2014
    Amended by
    Act 1 of 2014
  • 10 Jun 2016
    Amended by
    Act 16 of 2016
  • 13 May 2019
    Amended by
    Act 53 of 2018
  • 01 Aug 2019
    Amended by
    S 527/2019
  • 01 Jan 2020
    Amended by
    S 858/2019
  • 02 Jan 2021
    Amended by
    Act 40 of 2019
  •  
30 Mar 1987
1 Oct 1997
17 Apr 2000
30 Dec 2000
1 Sep 2001
16 May 2003
4 Oct 2004
10 Jun 2005
1 Jan 2006
1 Feb 2008
17 Dec 2008
11 Feb 2010
1 Mar 2010
21 Nov 2010
2 Jan 2011
1 Jul 2014
10 Jun 2016
13 May 2019
1 Aug 2019
1 Jan 2020
2 Jan 2021

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Prisons Act
(CHAPTER 247)

(Original Enactment: Ordinance 17 of 1933)

[18th August 1933]
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Last updated on 22 Apr 2021