Internal Security Act |
Internal Security (Detained Persons) Rules1 |
1 Extended to Singapore by Modification of Laws (Internal Security and Public Order) (Singapore) Order 1963 — L.N. 231 of 16.9.63. |
R 1 |
G.N. No. S 189/1960 |
REVISED EDITION 1990 |
(25th March 1992) |
[16th September 1963] |
Citation |
1. These Rules may be cited as the Internal Security (Detained Persons) Rules. |
Definitions |
2. In these Rules, unless the context otherwise requires —
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Administration |
Superintendent to detain persons committed to his custody |
4. Every Superintendent is authorised and required to keep and detain all detained persons duly committed to his custody. |
Administration of places of detention |
5.—(1) Subject to the orders of the Minister the control of officers of places of detention shall be vested in the officer-in-charge, who may from time to time make such transfers and direct the employment and distribution of officers as he may think fit.
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Appointment of officers and issue of standing orders |
6.—(1) The Minister may appoint a public officer to be the officer-in-charge of places of detention and so many Superintendents and Deputy Superintendents as he may think necessary.
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Duties of Superintendent |
7. Subject to the orders of the officer-in-charge, the Superintendent shall supervise and control all matters in connection with any place of detention the administration of which is vested in him, and shall be responsible to the officer-in-charge for the conduct and treatment of the officers and detained persons under his control, and for the due observance by officers and detained persons of the provisions of these Rules and of all written laws, standing orders, regulations and rules relating to detained persons and places of detention. |
Appointment of medical and dental officers |
8.—(1) The Minister for Health shall appoint a medical officer and a dental officer for each place of detention.
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Terms of engagement of officers and seconded officers |
9.—(1) All officers shall be engaged in accordance with the conditions of service applicable to them at the date of their engagement.
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Promotion of Deputy Superintendents |
10. A Deputy Superintendent may be promoted by the officer-in-charge with the approval of the Public Service Commission. |
Appointment of subordinate officers |
11. A subordinate officer may be appointed and promoted by the officer-in-charge with the approval of the Public Service Commission. |
Desertion |
12. A subordinate officer who unlawfully or in breach of his engagement absents himself from duty under circumstances which show that he has the intention of not returning to his duty shall be deemed to have deserted, and shall be guilty of an offence and shall be liable on conviction to imprisonment for 6 months, and all arrears of pay due to him shall be forfeited. |
Interdiction, suspension and dismissal |
13. A Superintendent, a Deputy Superintendent and a subordinate officer may be interdicted, suspended or dismissed in accordance with the Instruction Manual for the time being in force:
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Uniform and accoutrements |
14. Every officer shall be provided with such staves, arms, ammunition, uniform and other accoutrements as may be prescribed by the officer-in-charge. |
Delivery of uniform, etc., on leaving |
15.—(1) Every person upon ceasing to be an officer shall forthwith deliver up to the Superintendent of the place of detention in which he is serving at the time of ceasing to be an officer every article of uniform and clothing and all arms, accoutrements, ammunition, staves and other effects of every kind belonging to the Government.
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Officers deemed public servants |
16. The officer-in-charge, and all Superintendents, Deputy Superintendents, medical officers, dental officers and subordinate officers appointed under these Rules shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224). |
Use of weapons |
17.—(1) Every officer may use weapons against any detained person escaping or attempting to escape:
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Officers to have powers of police officer |
18. Every officer while acting as such shall have by virtue of his office all the powers, authorities, protections and privileges of a police officer. |
Offences concerning supplies |
19.—(1) No officer nor any medical officer nor any dental officer shall sell or supply or receive directly or indirectly any benefit or advantage from the sale or supply of any article to or for the use of any detained person or for the use of any place of detention, nor shall any such officer directly or indirectly have any interest in any contract or agreement for the sale or supply of any such article.
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Payment of money forbidden |
20.—(1) No money or other consideration shall on any pretext whatsoever be payable, paid, given or promised by or on behalf of any detained person, either on his entry into, commitment to, continuance in, or discharge from any place of detention, to any officer; and any officer receiving or demanding any such money or other consideration or the promising of such money or other consideration or undertaking any service in consideration of receiving or the promising of such money or other consideration shall be guilty of an offence and shall be liable on conviction to imprisonment for 6 months and to a fine of $200.
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Maintenance of records |
21. Every Superintendent shall be responsible for seeing that proper records are kept of all such circumstances, and of any correspondence connected with such circumstances, as affect the interests of particular detained persons, and shall bring the cases to the notice of the officer-in-charge after such time, or at such time, or at such intervals, as may be proper in each case. |
Journal |
22. A Superintendent shall keep a Journal wherein he shall record all matters of importance relating to the place of detention or detained persons. |
Detained person’s complaints, etc. |
23. A Superintendent shall ensure that a detained person who has complaints or applications to make is allowed to make them, and that the medical officer’s instructions are carried into effect, and the Superintendent shall pay special attention to those detained persons who are in hospital or are undergoing punishment. |
Diet scale and inspection of meals |
24.—(1) The food of detained persons shall be in accordance with the diet scales set out in the Second Schedule, or such other diet scales as may from time to time be approved by the Minister on the recommendation of the Minister for Health.
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Inspection of foodstuffs |
25. A Superintendent or the next senior officer shall daily inspect and superintend the issuing of the detained persons’ meals and,whenever possible, shall weigh the rations supplied to the place of detention when delivered by the contractor. A record shall be made of such check in a book kept for the purpose. |
Rations to be in accordance with diet scales |
26. A Superintendent shall ensure that every article of food supplied for the use of the detained persons is sound and of good quality, and that the scales, weights and measures in use in the place of detention are accurate and in proper order. A Superintendent shall take special care to see that the rations issued are strictly in accordance with the prescribed scales of diet and that every detained person receives the diet to which he is entitled. |
Death of detained person |
27.—(1) A Superintendent shall, upon the dangerous illness or death of any detained person, give immediate notice thereof to the most accessible known relative of the detained person or of the deceased, as the case may be.
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Detained person mentally unsound |
28. A Superintendent shall without delay report to the medical officer any case of mental disorder or apparent mental disorder. |
Visitors to view place of detention |
29.—(1) The Minister may permit any responsible person, who has good reasons, to view a place of detention at reasonable hours accompanied by an officer.
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Books and records to be kept |
30. A Superintendent shall keep or cause to be kept —
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Petitions by detained persons |
31. A Superintendent shall, without delay, submit to the officer-in-charge, for transmission to the Minister any petition received from a detained person. |
Retention and care of property |
32.—(1) Money and all other articles whatever in possession of, or sent in to, any detained person, not expressly allowed by these Rules, shall be taken from such detained person. Such property shall be inventoried in the register of property, which shall be signed by the detained person.
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Reports to officer-in-charge |
33. A Superintendent shall report to the officer-in-charge all escapes, serious assaults, outbreaks of disease or any occurrences of an unusual or serious nature. |
Action in case of emergency |
34. In cases of sudden emergency a Superintendent shall take such action as may in the circumstances be necessary, entering the particulars in his journal, and forthwith making a report of the same to the officer-in-charge. |
Control of expenditure |
35. A Superintendent shall keep strict surveillance over the expenditure of such public money as may be allocated to the place of detention; and he shall ascertain that all moneys received are properly accounted for. |
Searching of detained persons |
36.—(1) A Superintendent shall ensure that every detained person is strictly searched on admission, and that all knives, weapons, instruments, money, opium, or anything forbidden by these Rules, or in his opinion objectionable, or anything likely to facilitate escape, are taken from the detained person. A Superintendent may cause any dangerous or objectionable article to be destroyed.
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Searching of officers |
37.—(1) Every subordinate officer shall submit himself to be searched within a place of detention or within his quarters, and likewise he shall submit to the search of his quarters by a Superintendent or by any other officer in accordance with such directions as the Superintendent may see fit to give.
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Absence from duty |
38. Subordinate officers shall not be absent from a place of detention during hours of duty without leave from the Superintendent, and before leaving the place of detention at any time they shall leave their keys, arms and books in the place or places appointed. |
Unauthorised communications |
39. No officer or any person employed in the place of detention shall make any unauthorised communication concerning any place of detention or detained person whatever, and shall not, without the written authority of the officer-in-charge, communicate to the public press information derived from official sources or connected with his duties or the place of detention, and any such communication by an officer without authority will be regarded as a breach of confidence and will render him liable to dismissal. |
Women staff, quarters and absence |
40. The Senior Wardress shall reside in such quarters as may be assigned to her. She shall not be absent from her quarters without leave from the Superintendent except during such hours as shall from time to time be fixed by him; and in case of such absence the next senior woman officer shall have the same powers and be subject to the same responsibilities as the Senior Wardress. |
Searching of women detained persons |
41. The Senior Wardress shall search, or cause to be searched, every woman detained person on admission and so often afterwards as may be directed by the Superintendent or as she thinks necessary. |
Offences by officers and punishments |
42. A subordinate officer who shall be guilty of any of the following disciplinary offences, namely:
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Appeal to officer-in-charge |
43. A subordinate officer may appeal to the officer-in-charge against any punishment ordered under rule 42 and the officer-in-charge may reduce or confirm any such punishment. |
Adjudication by officer-in-charge |
44.—(1) If it shall appear to a Superintendent that an offence punishable under rule 42 is of such a grave character as to require a more severe punishment than any therein prescribed, then the Superintendent shall direct that the person accused be charged before a Magistrate, and such person shall be liable on conviction to imprisonment for 6 months and to a fine of $500:
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Assault on senior officer |
45.—(1) An officer who shall assault, threaten or insult any officer senior to him when the senior officer is on duty or when the assault, threat or insult shall relate to or be consequent upon the discharge of duty by the officer so assaulted, threatened or insulted, shall be guilty of an offence and shall be liable on conviction before a Magistrate to imprisonment for 6 months and to a fine of $500.
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Trafficking |
46. Every —
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Officers’ Reward Fund |
47. All pay which is forfeited by fines inflicted upon officers under these Rules shall be paid into a fund to be called the “Officers’ Reward Fund”. This Fund shall be administered by the Superintendent in accordance with rules to be made by the officer-in-charge. |
Custody during removal |
48. A detained person who is being removed or transferred from one place of detention to another, or for whose production at any place an order has been made, shall, while outside a place of detention be deemed to be in the lawful custody of the Superintendent of the place of detention from which he is being removed or transferred. |
Bedding |
49. Every detained person shall be supplied with bedding adequate for warmth and health in accordance with a scale approved by the officer-in-charge. Additional bedding may be authorised in special circumstances on the recommendation of the medical officer. |
Discharge of detained persons |
50. A Superintendent shall be responsible for the due discharge of all detained persons immediately upon their becoming entitled to release. |
Escapes and offences connected therewith |
51.—(1) If a detained person escapes by breach of a place of detention or otherwise out of custody, he may be retaken in the same manner as a person convicted of crime against the law of Singapore may be retaken on an escape.
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Attendance at place of detention by medical officer |
52. The medical officer shall, if necessary, attend at the place of detention daily. |
Examination of, and visits to, detained persons |
53. The medical officer shall examine every detained person sentenced to punishment for any offence before any such punishment is carried out and certify whether in his opinion the punishment can be inflicted without the probability or serious injury being caused thereby. He shall examine every detained person prior to discharge and prior to transfer to any other place of detention. He shall visit such of the detained persons as are sick; he shall see every detained person sentenced to close confinement once a day. |
Case book and journal |
54. The medical officer shall enter in a case book, to be kept in the place of detention and accessible to the Superintendent, an account of the name, disease, state and treatment of every sick detained person. He shall keep a journal in which shall be entered day by day his comments on the state of the place of detention and detained persons. |
Mentally unsound detained persons |
55. The medical officer shall report to the Superintendent the case of any detained person whose mind has been or appears likely to be injuriously affected, and give such written directions in the case as he may think proper. He shall report in writing the case of any detained person appearing to be mentally disordered. |
Sick detained persons |
56. The medical officer shall report in writing to the Superintendent the case of any detained person to which he thinks it necessary on medical grounds to draw attention, and shall make such recommendation as he considers needful for the alteration of the discipline or treatment of the detained person or for the supply of additional articles to the detained person. The Superintendent shall so far as is practicable carry into effect any written recommendation made by the medical officer. |
Detained persons unfit for detention |
57. Whenever the medical officer either on his own observation or on report by the Superintendent is of the opinion that the life of any detained person will be endangered by his continuance in a place of detention or that any sick person will not survive his detention or is totally and permanently unfit for place of detention discipline, he shall state his opinion, and the grounds therefor, in writing to the Superintendent, who shall forward the same to the officer-in-charge. |
Medical officer to inspect place of detention |
58. At least once in every month the medical officer shall inspect every part of the place of detention with special reference to the sanitary state of the place of detention, the health of the detained persons and adequacy and proper cooking of the diets; and he shall ensure that the body weights of detained persons are properly recorded and shall periodically review them. |
Death of detained person |
59. The medical officer shall forthwith, on the death of any detained person, enter in his case book the time when the illness, if any, was first observed; when it was first reported to him; when it assumed a dangerous character; the nature of the disease or other cause of death; the time of death and an account of the appearance after death, together with any special remarks that appear to him to be necessary; and the result of post-mortem examination, if any. |
Examination of food and water |
60. The medical officer shall frequently examine the food of the detained persons, cooked and uncooked, and shall report in writing to the Superintendent as to the quality of the provisions, and any deficiency in the quantity, or defect in the quality, of the water, or any other cause which may affect the health of the detained persons. |
Infectious or contagious diseases |
61.—(1) The medical officer shall give directions in writing for separating detained persons having infectious or contagious diseases; for cleansing and disinfecting any room or cell occupied by any such detained person; and for cleansing, disinfecting, or destroying, if necessary, any infected apparel or bedding, which the Superintendent shall forthwith carry into effect.
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Occurrence of infectious disease |
62.—(1) In the case of a contagious or infectious disease occurring in any place of detention it shall be lawful to remove any of the detained persons from the place of detention to any other place and such removal may be made in pursuance of an order under the hand of the officer-in-charge.
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Custody of detained persons of unsound mind |
63.—(1) Whenever a detained person appears to a medical officer to be mentally disordered he may direct that the detained person be removed to any mental hospital or other fit place of safe custody and be there detained, and an order of removal signed by the officer-in-charge shall be authority for the reception of the detained person and for his detention therein until removed or discharged as provided in paragraph (2).
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Serious illness of detained person |
64.—(1) In the case of serious illness of a detained person, other than a detained person referred to in paragraph (2), confined in a place of detention in which there is no suitable accommodation for such detained person, the Superintendent may, on the certificate of a medical officer, make an order for his removal to a Government hospital.
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Return to place of detention |
65. So soon as, in the opinion of the medical officer in charge of any Government hospital, it is no longer necessary that any detained person who shall have been removed to the hospital should remain therein, he shall transmit to the Superintendent of the place of detention from where the detained person was removed a certificate, stating that such necessity has ceased, and thereupon the Superintendent shall forthwith cause the detained person to be brought back to the place of detention if he is still liable to be confined therein. |
Liability for escape |
66. If any detained person shall escape during such time as he is in any Government hospital, no officer shall be held answerable therefor, unless the detained person shall have been in the personal custody of that officer. |
Duty to prevent escape |
67. Every precaution shall be taken by the medical officers and other officers of any Government hospital to prevent the escape of detained persons who may at any time be under treatment therein, and it shall be lawful for the officers to take such measures for preventing the escape of any such detained persons as shall be necessary, provided that nothing be done under the authority hereof which in the opinion of the medical officers is likely to be prejudicial to the health of the detained persons. |
Special custody in hospitals |
68. Where a Superintendent considers it desirable to take special measures for the security of such detained person while under treatment in any Government hospital, it shall be lawful for him to give the detained person into the charge of fit and proper persons not being less than two in number, one of whom at the least shall always be with such detained person day and night, and such persons shall be vested with full power and authority to do all things necessary to prevent the detained persons from escaping, and shall be answerable for his safe custody until such time as he is handed over to an officer on his discharge from that hospital. |
Medical examination of officers |
69. The medical officer shall examine all candidates for employment as officers or employees of a place of detention and report whether they possess the necessary qualifications as to health and strength. |
Dental officers |
70. The rules applicable to medical officers shall apply, so far as may be, to dental officers. |
Punishment for minor offences by detained persons |
71. A Superintendent may punish any detained person found after due enquiry to be guilty of a minor offence as hereinafter specified by ordering him to undergo one or more of the following punishments:
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Punishment for aggravated offences by detained persons |
72. A Superintendent may punish any detained person found after due enquiry to be guilty of an aggravated offence as hereinafter specified by ordering him to undergo one or more of the following punishments:
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Minor offences |
73. The following shall be deemed to be minor offences:
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Aggravated offences |
74. The following shall be deemed to be aggravated offences:
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Medical examination before punishment |
75. Every detained person sentenced to dietary punishment shall be sent to the medical officer for examination, and a certificate that its infliction will not, in his opinion, be injurious to health shall be obtained by the Superintendent before it is carried out. |
Full diet after 3 days punishment diet |
76. Whenever a detained person is sentenced to undergo close confinement in a punishment cell for a period exceeding 3 days on a punishment diet, he shall be given full diet on every fourth day. |
Maximum period of close confinement |
77. Confinement in the punishment cells shall not exceed an aggregate of 90 days in a year for any one detained person and the execution of any two consecutive sentences shall be separated by a period not shorter than the longer of such sentences. |
Visits to detained persons in cells |
78. A detained person sentenced to confinement in a punishment cell shall see no one except officers in the execution of their duty, a minister of religion, his legal adviser, and the medical officer, and shall only have such out-door exercise as the latter certifies is absolutely necessary for health. Every detained person confined in a punishment cell or subjected to punishment diet shall be visited at least once a day by the Superintendent and the medical officer, and if he is confined in a punishment cell he shall be visited by the appointed officer at intervals of not more than 3 hours during the day. |
Luxuries |
79. So far as may be reasonably practicable, and subject to the directions of a Superintendent as regards quantity, a person under detention may secure or purchase such luxuries, including clothing and tobacco, as are consistent with good order and discipline, provided that all such articles are received or bought through the Superintendent, who may impound any article the possession of which is prohibited by the rules of the place of detention or which, in his opinion, is likely to be dangerous to health or life or is likely to facilitate escape from the place of detention. |
Books, etc. |
80.—(1) A person under detention may, as far as is consistent with the proper discipline of the place of detention, have the use of books and papers, provided that all such articles are received or procured through the Superintendent.
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Visits |
81.—(1) A detained person shall, consistent with the proper discipline of the place of detention and subject as is hereinafter provided, be entitled to visits from his close relatives and legal advisers. In the absence of any close relatives, the Superintendent may grant permission for other relatives or friends to visit the detained person.
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Visitors may be searched |
82.—(1) Every visitor to a detained person shall furnish the Superintendent or an officer authorised by the Superintendent with his name and address and, if the Superintendent or the officer has any ground for suspicion, he may search or cause to be searched male visitors and may direct a woman officer to search women visitors, but such search shall not take place in the presence of any detained person or of another visitor.
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Letters |
83.—(1) A detained person may, consistent with the proper discipline of a place of detention, receive one letter and send one letter in any week.
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84. [Deleted by S 464/2019 wef 01/07/2019] |
Board of Inspection |
85.—(1) The Minister may appoint any two or more persons to constitute a Board of Inspection (referred to in this rule as the Board) for a place of detention.
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Recreational and other programmes |
86. The Superintendent may, for the purpose of promoting the well-being of detained persons, require them to participate in such recreational, vocational and other programmes as may be determined by the Minister from time to time:
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Rules not to apply to detained persons in lock-ups |
87. Where the place of detention of a detained person is a lock-up appointed under section 4 of the Prisons Act 1933, these Rules shall not apply to the detained person or to the lock-up but the Prisons Lock-ups Regulations (Cap. 247, Rg 1) shall apply to the detained person in such lock-up. [S 617/2023 wef 31/12/2021] |
Rehabilitation centres |
88.—(1) The Minister may by order in writing declare any place to be a place for the rehabilitation of detained persons or of persons against whom an order of detention has been made but the operation thereof suspended under section 10 of the Act, and who have been admitted on their signed application to reside in such place.
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