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Prisons Act 1933

Status:

Current version
as at 19 Apr 2024

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Prisons Act 1933

Table of Contents

Long Title

Part 1 PRELIMINARY

1 Short title

2 Interpretation

Part 2 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 3 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 4 OFFICERS

20 Appointment of Commissioner and other officers

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 5 CUSTODY AND REMOVAL OF PRISONERS

33 Prisoners deemed in legal custody

34 Employment of auxiliary police officers as escorts and guards

35 (Repealed)

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 5A 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 5B 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 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 1 July 2014

50ZE Remission of sentences for offences committed both before and on or after 1 July 2014

50ZF Application of Divisions 4 and 5

50ZG (Spent)

Part 6 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 6A 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 6B EMPLOYMENT PREPARATION SCHEME

59J Interpretation of this Part

59K Employment preparation order

59L Eligibility for employment preparation

59M Conditions for employment preparation

59N Effect of employment preparation order

59O Recall to prison

59P Revocation of employment preparation order

59Q Suspension of employment preparation order

59R Power to enter and search

Part 7 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 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.

Part 8 GENERAL

81 Protection from personal liability

81A Power to obtain information

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

Abbreviations

Comparative Table

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Table Of Contents

Prisons Act 1933

Status:

Current version
as at 19 Apr 2024

Please check the legislation timeline to ensure that you are viewing the correct legislation version. See also FAQ B3.

Subsidiary Legislation
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Document
Provision

Versions

or

find current version as at

28 Jul 2023

Amended by
S 527/2023
01 May 2023

Amended by
Act 11 of 2023
02 Sep 2022

Amended by
Act 6 of 2022
01 Apr 2022

Amended by
Act 25 of 2021
31 Dec 2021

2020 RevEd
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
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 1933
Long Title Part 1 PRELIMINARY

2 Interpretation

Part 2 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 3 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 4 OFFICERS

20 Appointment of Commissioner and other officers

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 5 CUSTODY AND REMOVAL OF PRISONERS

33 Prisoners deemed in legal custody

34 Employment of auxiliary police officers as escorts and guards

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 5A 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 5B 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 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 1 July 2014

50ZE Remission of sentences for offences committed both before and on or after 1 July 2014

50ZF Application of Divisions 4 and 5

Part 6 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 6A 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 6B EMPLOYMENT PREPARATION SCHEME

59J Interpretation of this Part

59K Employment preparation order

59L Eligibility for employment preparation

59M Conditions for employment preparation

59N Effect of employment preparation order

59O Recall to prison

59P Revocation of employment preparation order

59Q Suspension of employment preparation order

59R Power to enter and search

Part 7 DISCIPLINE AND PRISON OFFENCES

60 Offences governing prison supplies

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 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.

Part 8 GENERAL

81 Protection from personal liability

81A Power to obtain information

82 Minister may amend Schedules

83 Trial of offences

FIRST SCHEDULE Offences subject to mandatory aftercare conditions SECOND SCHEDULE Disqualification from being released on home detention Legislative History Abbreviations Comparative Table

Prisons Act 1933

Status:

Current version as at 19 Apr 2024

Timeline
Subsidiary Legislation
Amendment Annotation

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Actions
- Add to My Collections
- Amendments RSS Feed

Document
Provision

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 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
31 Dec 2021

2020 RevEd
01 Apr 2022

Amended by
Act 25 of 2021
02 Sep 2022

Amended by
Act 6 of 2022
01 May 2023

Amended by
Act 11 of 2023
28 Jul 2023

Amended by
S 527/2023

Versions

or find current version as at

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Prisons Act 1933

[18 August 1933]

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Last updated 18 Apr 2024
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