Constitution of the Republic of
(Article 110C(2))
Public Service (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions
Dir 2
G.N. No. S 437/1994

(1st October 1994)
[1st October 1994]
1.  These Directions may be cited as the Public Service (Prison Officers) (Disciplinary Proceedings — Delegation of Functions) Directions.
2.  In these Directions, unless the context otherwise requires —
“Commission” means the Police and Civil Defence Services Commission;
“Director” means the Director of Prisons appointed under section 8 of the Prisons Act [Cap. 247];
“inmate” means a person who is detained in an approved institution under the Misuse of Drugs Act [Cap. 185];
“prison officer” means a Rehabilitation Officer, warder or other subordinate officer of Division II rank and below serving in the Prisons Department, whether such officer is holding a permanent, temporary or contract appointment;
“Superintendent” means a Superintendent of Prisons appointed under section 8 of the Prisons Act.
Delegation to Director
3.—(1)  The functions of the Commission relating to disciplinary control of prison officers may be exercised by the Director acting in accordance with and subject to these Directions.
(2)  The Commission may, in its direction, exercise such functions as are delegated to the Director under paragraph (1) notwithstanding such delegation.
Procedure when complaint is lodged
4.  When a complaint is lodged against a prison officer alleging the commission by him of any of the offences referred to in the Schedule, the following procedure shall be adopted:
(a)the complaint shall be communicated in writing to the prison officer who may be required to submit a written explanation within 24 hours or such further time as the Director may allow; and
(b)where the Director is of the opinion that the complaint requires further investigation, he shall appoint a public officer of Division I rank to conduct an investigation.
5.—(1)  The Director may upon a consideration of the result of such investigation, if he is of the opinion that the prison officer has committed an offence, impose one of the following penalties:
(a)a fine not exceeding one month’s total emoluments or 200, whichever is less;
(b)stoppage or deferment of increment of up to one year; or
(c)a reprimand.
(2)  The Director may either in addition to or in lieu of the above penalties issue the prison officer with a written warning.
Variation by Commission
6.  Notwithstanding direction 5, the Commission may, within one month of the imposition of a penalty by the Director, vary such penalty by way of enhancement, reduction, substitution, or otherwise, except that in the event of the Commission varying such penalty which would result in an enhancement thereof, no imposition of the enhanced penalty shall be made on any prison officer unless he has been given a reasonable opportunity of being heard.
Report by Director
7.  The Director shall, in every case where he has imposed a penalty on a prison officer under these Directions, submit within 7 days of the imposition of such a penalty a report to the Commission containing a summary of the facts of the case and the penalty imposed.
Recommendation for more severe penalty
8.  Where the Director considers that a more severe penalty than is otherwise provided for under these Directions should be imposed, he shall submit a recommendation to the Commission, forwarding with it a report containing a summary of the facts of the case.
9.  Nothing in these Directions shall be deemed to prevent the prosecution of a prison officer in accordance with the provisions of any written law for the time being in force or to prevent any disciplinary action being taken against him under any other disciplinary regulations as may be in force except that such prison officer shall not be punished twice in respect of the same disciplinary offence.