CORRECTIONS ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Administration of Correctional Services Commissioner of Corrections

   3   Office of Commissioner of Corrections

   4   Functions of Commissioner

   5   Commissioner responsible for general administration of Correctional Services

 

Adult Correctional Centres, Lock-ups, Remand Centres and Hostels

   6   Power to declare place adult correctional centre, lock-up, etc

   7   Appointment of adult correctional centre staff

   8   Administration of adult correctional centre vested in Superintendent

   9   Judges ex officio

   10   Appointment of medical officer

   11   Power of Assistant Superintendent

   12   Staff not to resign without notice

   13   Offences of staff in relation to adult correctional centre

   14   Correctional officers to have powers of police constable

   15   Use of weapons

 

PART III
Custody and Removal of Inmates and Persons Detained in Lock-ups and Remand Centres

   16   Persons sentenced, etc to be committed to adult correctional centre, etc

   17   Inmates, etc deemed in legal custody

   18   Superintendent, etc to detain person, committed

   19   Delivery of persons on remand

   20   Delivery of person arrested in civil matters

 

Release and Removal

   21   Release of inmates, etc

   22   Production of persons before the Court

   23   Minister may order production of inmate, etc

   24   Persons deemed to be in legal custody

   25   Transfer of inmates

 

Illness

   26   Unsoundness of mind, communicable diseases

   27   Superintendent to advise of date of release

   28   Illness of an inmate

   29   Custody of inmate, etc in hospital, etc

 

Separation of Categories of Inmates and other Detained Persons

   30   Separation of inmates

   31   Transfer of child

 

PART IV
Discipline and Control of Inmates

   32   Person serving term of imprisonment to do work assigned, etc

   33   Work outside adult correctional centre

   34   Inmate subject to Act and Rules

   35   Punishment for major and minor correctional centre offences

   36   Inmate entitled to make defence

   37   Entry of punishment in register

   38   Appeal by inmate

   39   Detention after date of discharge

   40   Escape

 

Sentence of Death

   41   Supervision of inmate under sentence of death

   42   Access to inmates under sentence of death

   43   Execution of sentence of death

   44   Medical officer to examine body and certify death

   45   Superintendent to certify execution

   46   Omission not to invalidate sentence

 

PART V
Juvenile Correctional Centres

   47   Power of Minister to declare place juvenile correctional centre or juvenile remand centre

   48   Declaration as juvenile correctional centre on application of managers

   49   Power of Minister to declare centre high security correctional centre

   50   Classification and administration of juvenile correctional centres

   51   Steps to be taken by Minister on receipt of correctional order

   52   Supervision and recall after expiration of correctional order

   53   Power of Minister to direct release

   54   Expenses of juvenile correctional centres

   55   Application of sections 14 and 15

   56   Escapes from juvenile correctional centres

   57   Definition for purposes of this Part, etc

 

PART VI
Rehabilitation Schemes

   58   Training and work-release schemes

   59   Application to Commissioner

   60   Work programmes

   61   Earnings of detained person

   62   Participating person subject to Act

   63   Temporary absence of inmate

   64   Assistance to detained persons

   65   Definition for purposes of this Part

 

PART VII
Standards and Inspection

   66   Standards and inspection

   67   Inspectors

 

PART VIII
Provisions Relating to Probation and After-care

   68   Appointment of probation and after care officers

   69   Contributions towards homes and hostels

   70   Commissioner's functions in relation to probation

   71   Rules relating to probation and after-care

 

PART IX
General

   72   Establishment of the Council

   73   General duty of the Council

   74   Establishment of Board of Visiting Justices

   75   Powers of Visiting Justices

   76   Annual report

   77   Inmate not to be punished twice

   78   Power to require released inmate to notify address

   79   Coroner to hold inquest on death of inmate

   80   Offences

   81   Rules relating to correctional institutions

   82   Regulations

   83   Saving

   84   Minister may by order adapt or modify laws

   85   Saving re Regulations under certain other Acts

   86   Transitional

      SCHEDULES

 

THE CORRECTIONS ACT

[Date of Commencement: 2nd December, 1985]

Acts
9 of 1985,
1 of 1995,
11 of 2004.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Corrections Act.

2   Interpretation

   In this Act unless the context otherwise requires-

   "adult correctional centre" means any house, building, enclosure, or place, or any part thereof, declared to be an adult correctional centre under section 6;

   "adult correctional centre staff" means any person engaged under a contract of employment to work at an adult correctional centre;

   "after-care hostel" means any house, building, enclosure, or place, or any part thereof declared to be an after-care hostel under section 6,

   "authorised person"-

   (a)   in relation to sections 15 and 55, means any person authorised for the purposes of those sections, respectively, by the Commissioner or by an officer of police not below the rank of sergeant; and

   (b)   in relation to section 56 means-

         (i)   any probation officer or any children's officer as defined, respectively, in the Child Care and Protection Act;

[11/2004 s 94.]

         (ii)   any person appointed by the Minister under section 7 of the Child Care and Protection Act; and

[11/2004 s 94.]

         (iii)   any person appointed as an authorised person by the Minister on the recommendation of a welfare organisation;

   "child" means a person under the age of eighteen years;

[11/2004 s 94.]

   "the Commissioner" means the public officer referred to in section 3;

   "correctional institution" means-

   (a)   an adult correctional centre;

   (b)   a juvenile correctional centre;

   (c)   a remand centre;

   (d)   a juvenile remand centre;

   (e)   a high security juvenile correctional centre; and

   (f)   a pre-release hostel;

   "Correctional Institution Rules" means any rules made under section 81;

   "correctional officer"-

   (a)   in relation to an adult correctional centre, means the Commissioner and any officer subordinate to him, other than such officers as may be prescribed, carrying out functions in, or in relation to, an adult correctional centre; and

   (b)   in relation to any other correctional institution, means the Commissioner and such other persons as may be prescribed as a correctional officer in relation to that institution;

   "correctional order" means an order made by a court sending a child to a juvenile correctional centre;

[11/2004 s 94.]

   "the Council" means the Advisory Council on the Treatment of Offenders established under section 72;

   "functions" includes powers and duties;

   "high security juvenile correctional centre" means a juvenile correctional centre declared to be a high security juvenile correctional centre under section 49;

   "inmate" means-

   (a)   any person, whether convicted or not, under detention in any adult correctional centre or remand centre; or

   (b)   any person who, though serving a term of imprisonment in an adult correctional centre, is permitted pursuant to this Act to be temporarily absent from such centre;

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