Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694875085330.pdf (Guyana)
118 No.

22) THE LAWS OF BRITISH GUIANA [AD.

1957 ---------------------------------------------------------------------------------------------- ORDINANCE No.

22 of 1957.

PRISON ORDINANCE, 1957.

I assent, F.D.

JAKEWAY, Officer Administering the Government.

11th July, 1957 Section.

1.

Short title and commencement .

Arrangement of Sections.

PART I 2.

Interpretation.

PRELIMINARY.

PART II CONSTITUTION AND ADMINISTRATION OF PRISONS AND LOCK-UPS.

3.

Declaration 4.
3.

Declaration 4.

Administration PART III and control.

of a prison or lock-up.

APPOINTMENT, ADMINISTRATION AND POWERS OF PRISON STAFF.

5.

Appointment 6.

Appointment of prison staff.

of District Superintendent.

Commissioner as Assistant 7.

Medical 8.

Powers of Deputy Superintendent officer.

and Assistant Superintendent.

Orders.

into prison offences.

9.

Standing 10.Powers to interoict.

11.Resignation.

12.Enquiries 13.Power of Superintendent 14.Appeal to the Governor.

15.Offences etc.
15.Offences etc.

16.Powers of prison officers.

17.Use of weapons.

18.Inspection 19.Prison Fines Fund.

and annual report.

of prison officers, to hold enquiry.

A.D.1957J ----------------------------------------------------------------------------------------------------------- JNo.

22 rc9 PRISONS PART 1V CUSTODY AND REMOVAL OF PRISONERS AND PERSONS DETAINED IN ANY LOCK-UPS.

Section.

to prison and lock-ups.

20.

21.

22.

23.

24.

25.

26.

27. to prison.

of person on remand.


etc., to be committed etc., deemed in legal custody.

of persons committed Persons sentenced, Prisoners, Detention Delivery Power of detention.

Release of prisoners, etc.

Production the Court.

Persons taken out of prison under order deemed in J.egal custody.

Prisoner Prisoners, Removal of disabled of unsound mind.

etc., suffering of persons confined in prisons, from communicable to institution.

prisoner etc., before disease.

28.

29.

30.

31.


Serious illness 32.

Custody of prisoner, 33.

Transfer 34.

Separation 35.

Transfer 36.

Persons sentenced of prisoners.

of prisoners.

of prisoner.

of young prisoners.

for offences against law.

military etc., in hospital.

PART V DISCIPLINE AND CONTROL OF PRISONERS 37.

38.

39.

40.

41.

42.

43.

44.

4fi.

46.

47. outside prison.

to Ordinance for major prison offences and Rules.

.
.

Employment of prisoners subject Prisoner Punishment Other offences.

Powers of person in charge of a prison to award punish• ment for major and other prison offences.

Prisoner Entry of punishment Appeal by prisoner.

Detention Supervision Access to prisoners to be heard on his own behalf.

after date of discharge.

under sentence under sentence in register.

of prisoner of death.

of death.

PART VI GENERAL.

justices.

48.

Visiting 49.

Powers and duties of visiting 50.


Power to require released prisoner 51.

Coroner to hold inquest twice.

52.

Prisoner 53.

Escape.

54.

Escape punishable before 55.

Prohibited on death of prisoner.

not to be punished to notify address.

magistrate.

articles.

justice.

120 · No.

22 J THE LAWS OP BRITISH GUIANA [A.D. 1957 ------------------------------------------------------------------------------------------------------------------ Section.

56.

57.

58.
56.

57.

58.

59. with prisoners Communicating Assaulting, etc., prison officer.

Making of Rules, Powers of Governor.

Repeal and savings.

.

AN ORDINANCE to make better provision for the Regulation of Prisons.

[13th July, 1957.]

A•.D.

1957. by the Legislature of British Guiana:- Enacted 1.This Ordinance S'hort title.

and com­ mencement.

and shall come into operation Governor by Proclamation may be cited as the Prison Ordinance, 1957, on a date to be appointed by the in the Gazette.
published PART I PRELIMINARY.

Interpreta­ tion.
2. unless the context In this Ordinance "criminal custody court or authority exercising or by order of a court martial; means a prisoner under any writ, warrant, prisoner" duly committed to of any or or.der, criminal jurisdiction otherwise requires-- "first offender" means ,my person who has been com­ mitted to prison for the first time; any house, building, "lock-up" means to be a lock-up under section enclosure or place 3 of this declared Ordinance; "medical officer" means the medical duties in any prison under section ance; officer assigned 7 of this Ordin­ to "member of the subordinate staff" means any prison , officer below the rank of Assistant whether permanent, duties ers, or to perform work in connection prisons; temporary supervise or acting whose and employ prison­ are to instruct, with the Superintendent "prison" means any house, building, enclosure declared Ordinance; to be a prison under section or place 3 of thi.s "prison offence" means any offence committed or as specified in any Orders; prisoner Prison Rules, or Prison Standing under this Ordinance by a "Prison Officer" means any person holding an office or with a prison, a duty in or in connection to per .. any person appointed performing but does not include form clerical duties only; "prisoner" under detention means any person whether in any prison; convicted or not, "Prison Rules" means any rules or amendments there­ to under section 58 of this Ordinance; [No.
22 r21 AD.
1957) PRISONS ----------------------------------- "prohibited article" (a)any intoxicating liquor, means - drug, tobacco, money, clothing, whatever and prison (b)any article, which into is prohibited Orders; or provisions, likely tool or any article to good order to be prejudicial letter, discipline; the introduction 01· removal of or out of prison or any part thereof, by Prison Rules or Standing (c)any other article not expressly authorised to be brought into prison by the Superintendent; "young prisoner" means any prisoner under the age of 21 years.
PART II CONSTITUTION AND ADMINISTRATION OF PRISONS AND LOCK-UPS.

3 (1) The Governor, may by Order published in the Gazette- (a)declare any house, building, Declaration of a prison or Jock-up.
(b)declare the name by which such enclosure or place or and may or lock-up to be a prison any part thereof, in such order declare prison or lock-up shall that any prison be known; or lock-up shall cease to be and as from the date of the of such Order or such other date as a prison or lock-up publication may be specified shall cease to be a prison established therein, such or lock-up.

under the Prisons of this Ordinance.

for the purposes prison or lock-up Ordinance Cap.

83.
83.

(2)The prisons shall be prisons (3)Every place used as a lock-up shall be deemed to be a lock-up as if such place had been declared of subsection (1) of this section.

at the commencement for the purposes to be a lock-up of this Ordinance of this Ordinance, under the provisions 4.

{l) Subject to the orders and administration of prisons prison staff shall be vested in the Superintendent such transfers, prison the general charge Administra­ tion and of the control.
who may make of 'the the employment and distribution of the Governor, and direction an:d the control and direct staff as he may think fit.

(2)Subject to the orders of each prison and the control tration staff attached thereto or the Assistant shall be vested in the Deputy Superintendent in charge of such prison.

Superintendent of the Superintendent and direction the adminis­ of the prisons APPOINTMENT, ADMINISTRATION PRISON STAFF AND FOWERS OF PART III 5.
(1) The Governor may - (a)appoint a Superintendent of Prisons Deputy Superintendent of Prisons; and a of prison staff, Appointment 122 No.

22] THE LAWS OF BRITISH GUI/l.NA [A.D. 1957 (h)appoint such and so inany Assistant Superin­ tendents as he may think fit; (c) appoint such and so many prison officers and clerks as may be effect the provisions (2)All members of the prison stnff serving necessary of this Ordinance.
for carrying into in the Prison Department Ordinance, under the of this on the coming into operation shall be deemed to have been appointed provisions of this section.

Appomtment of District C'ommis­ sioner as Assistant Sup·erintend­ ent.

Medical Officer.

6.The Governor may appoint a District Commissioner to S!uperintendent Commissioner be an Assistant and such District have all the powers and carry out all the duties of an Assistant Superintendent.
7.The Director of any prison within his district, shall assign in respect of Medical Services of such prison in respect shall, medical officer who shall have con­ a government of the health and medical 'Nelfare of each prison, trol generally and the sanitation perform such other duties as may be directed or by Prison Rules.
of the prison and such medical officer shall by this Ordinance of the prisoners 8.Subject to the orders of the Superintendent the Deputy Superintendent in relation to the prison of which he has charge, duties, rights and privileges and every Assistant of the Superintenden�.

Superintendent shall have, all the powers, Powers of Deputy !Superintend­ ent and Assistant Superintend.

ent.

Standing Orders.

9.The Superintendent \;vith the provision consistent Rules for the governance ment and prisoners.
may issue Standing Orders not in­ of this Ordinance and of Prison of the members of 1.he Prison Depart­ Powers to interdict.

10.

(1) The Superintendent mJy interdict from his duties any member of the subordinate quiry the Superintendent may see fit to order.

staff pending the rc·•mlt of any en­ (2)The Deputy Superintendent in charge of a prison may interdict intendent member of the subordinate decision of the Superintendent.
staff serving or an Assistant from his duties any under him pending the Super­ Resignation.

11.

(1) No member of the subordinate staff shall, with,mt resign or withdraw permission of the Superintendent, the written from prison duties unless he has firnt given to the Superintendent not less than one month's notice in writing clay of the succeeding expiring so to do.

(2)Any member of the .


:mborclinate of subsection month of his intention (1) of this section provisions on the last venes the ot an offence not exceeding not exceeding and shall be liable on summary conviction one hundred dollars two months.

or to imprisonment stdf who cor,tra­ shall be guilty to a fine for a term Enquiries into prison offences.

12.

(1) The Deputy Superinte,1dent or the Assistant Superin­ tendent in charge of any prison may hold an enquiry into the con- A.D. 1957) PRISONS 123 lNo.
22 duct of any member have- of the subordinate staff who is alleged to good cause; :any lawful order given him by his whether verbally or (h) of duty; any neglect (f) (g) in rank or seniority, (a) (b) (c) (d) (e) been absent from �uty without been asleep on duty; been insubordinate; been late for duty; disobeyed superior in writing; committed used personal violence, or abusive, threatening language prison staff; lost by neglect, injury to any of the articles tools or supplies or equipment presented himself son or clothing; been under the influence duty; used unnecessary associated with any discharged the written been unduly familiar to any prisoner; communicated connected (o) committed with the Prisons any act or conducted of alcohol wilfully violence (k) (1) consent (n) (m) (j) (i) or to any member of the insulting damaged or permitt-=d of clothing, arms, in his charge; for duty dirty or untidy in per­ to any prisoner; prisonel' without of the Superintendent; with or shown undue favour to the press any matter or thing Department; to prison discipline, ner prejudicial ner likely to bring the prison service into disrepute; (p) committed Stantling any breach of the Prison Rules or Orders, himself in a man­ or in any man­ or ·drugs on enquiry, and if after such Assistant member of the subordinate staff has committed alleged, he may award any one of the following Superintendent as the case may the Deputy 'Supe,rintendent that such be is satisfied the act or neglect punishments- or the (i) reduction in rank or grade; (ii) forfeiture (iii) performance of prison duties on not more than four days during which such member would not normally of not more than seven days' pay; for such duties; be required Punishments.
(iv) severe reprimand; ( v) reprimand: 124 No.
22] THE LAWS OF BRITISH GUTANA -------- -------------- ------------------------ ------------------ -------------- -------------- that in the case of contravention of -------------- Provided [A.D. 1957 (i)paragraph may include absence; (ii)paragraph (a) of this subsection the punishment forfeiture of pay fo;: the period of (h) of this subsection the punishment an order to pay the value or lost or by may also include part of the value destroyed, injured may be enforced salary either at deductions from such member's one time or by such instalments as may be ordered.
and such payments of the property (2)Any member of the subordinate staff may within seven days of the date on which the punishment appeal in writing ordered under this section or reduce, the appeal, make such other order as he may see fit.

against to the Superintendent and the Superintendent or was or:dered any punishment may allow such punishment confirm or increase Power of Superintend­ ent to J10ld enquiry, 13.
(1) Where the Superintendent is satisfied that the en· with any offence under the provisions quiry into the conduct c·harged Ordinance should proceed before him and not before the De:puty Superintendent he may direct the enquiry of any member of the subordinate staff 12 of 1·his or an Assistant Sup?.rintendent, of section that shall be held by him.
(2)Where as a result of ,my enquiry (1) of this section, section held under is satisfied the Superintendent the act, staff has committed if he considers forward a report of the enquiry 12 or subsection that a member of the subordinate neglect or offence alleged, ber should be dismissed, with his recommendations action thereon as he may see fit, or where in the opinion Superintendent, he may award any of the following who ;,;hall take such of ihe to the Goverr,or, punishments-· that such mem­ he shall, the matter is not grave enough to merit dismissal, together (a)reduction (b)forfeiture (c)performance in rank or grade; of not more than fourteen days' pay; of prison duties on not more than six days during which such member would ::-10t normally for such duties; be required (d)severe reprimand; (e)reprimand.
Appeal to the Gov­ ernor.

14.Any member of the subordinate days of the date on which any punishment ed by the Superintendent, appeal in writing award or order and the Governor confirm such punishment to the Governor may allow the appeal, or mak2 rnch order as he may see fit.

staff may, within seven was confirmed such against reduce or by way of petition under section or order­ 12 or 13 of this Ordinance, of Offences prison offic• e1·s, etc.
15.Every member of the prison staff, or any person who is in a prison in any capacity whatever employed who- (a)has either directly interest whatsoever or indirectly, in, or derives any pecuniary any benefit or A.D. 1957] PRISONS [No.
22 125 advantage prison supplies of any prisoner of any from, the sale or purchase to or for the use or of any article or of any prison; or (b)has any dealing, whereby he obtains or might expect to obtain at any time either or in the future any benefit of any nature what­ or with any person on soever with any prisoner of any prisoner; behalf (c)assaults, any member of the prison staff, who is senior to him when such senior of any­ thing done by 3uch senior member in the course of his duty, member is on duty, or as a result threatens or insults or immediately shall be guilty viction to a fine not exceeding l ment for a term not exceeding of an offence and shall be liable two hundred three months.
dollars on summary con­ or to imprisoi1- 16.Every prison officer while acting as such shall have by virtue of his office all the powers, authorities, 1 privileges of a constable for the purposes Powers of immunities prison offic­ ers.

of his duty as such prison and officer.

17.

(1) Every prison officer may use weapons against any prisoner escaping or attempting to esc�pe: Use of weapons.
Provided that resort shall not be had to the use of any such weapons unless such officer that he cannot otherwise prevent the escape.

has reasonable grounds for believing any in any combined outbreak, (2)Every prison officer may use weapons against to engaged door or gate or enclosure wall of to nse such weapons so long as such prisoner force or break open the outside the prison, combined and may continue or attempt outbreak is being actually or in any attempt prosecuted.
(3)Every prison officer r.-iay use weapons against using violence 1 prisoner grounds for believing or that other grievous that such person is in danger of life or limb, hurt is likely to any person if such officer has reasonable to be caused to him.

any (4)Before using firearms against a prism1er contained in subsection give a warning (1) of this section, to the prisoner if possible, under the the prison that he is authority officer shall, about to fire on him.
(5)No member of the subordinate staff sha.ll, in the pres­ ence of his superior in the case of an attempt prisoner except under the orders of such superior officer, use firearms officer.

of any sort ag2inst a to escape or of an outbreak (6)The use of firearms under this section shall be as far as possible to disable and not to kill.
(7)Every member of the Police in the capacity Force who is for the time or of a guard in or being serving of ensuring the safe around any prison or lock-up, custody in a prison or lock­ up, shall be deemed to have all the powers and privileges of his duties to prison relation officers under this section to such prisoners or persons detained of any prisoners for the purpose for the purpose of an escort, or persons.

granted in 126 No.
granted in 126 No.

22] THE LAWS OF BRITISH GUUlNA [A.D. 195"1 ----------------- ---------------- --------------- ------------------------------- ----------------- --------------- ---- Inspection and annual report.
18, The Superintendent on the administration shall as often as may be necessary, and shall make an annual report to and condition of the prisons, all prisons and treatment of prisoners and such 0ther matters re­ visit and inspect the Governor the conduct lating to the prisons or to prisoners as he may think fit.

Prison Fines Fund.

19.


(1) All pay which is forfeited upon, by, and fines inflicted shall be members of the subordinate paid into a fund to be called "The Prison Fines Fund", and this fund shall be administered with Prison Rules.

by the Superintendent staff under this Ordinance in accordance (2)There shall be paid into the Prison Fines Fund all moneys standing established on the 12th July, 1934. to the credit of the Prison Officers Fine Fund by the Fine Fund Regulations made by the Governor PART IV.
CUSTODY AND REMOVAL OF PRISONERS AND PERSONS DETAINED IN ANY LOCK-UPS.

Persons sen­ tenced, etc .. to be com­ mitted to prison.

20.

(1) Every person sentenced shall be r to imprisonment conunitted to and detained in a prison.

(2,) Every person awaiting may be committed to and detained trial or remanded in custody a prison or lock-up.

in either Prisoners, etc.

deemed in legal custody.

21.
(1) Every prisoner in which he may lawfully taken to or from such prison, the control assigned be deemed to be in the custody prison .. of any member of the prison staff or police constable for that duty beyond the limits of any such prison, shall of the person in charge of such whenever be confined, he is confined in any prison he is being or under or whenever or is working in the custody (2)Every person whenever in which he may lawfully taken to or from such lock-up, under the control the limits of the person in charge of the lock-up.
of such lock-up be confined, of any person in charge of any lock-up beyond shall be deemed to be in legal custody he is confined in any lock-up or whenever he is being or • or is working in the custody 0 Detention of 22.

The persons �\iom.

authorised P��f :;is�n and mitted to lock-ups.


or other public officer lawfully exercising are hereby and l9ck-ups to keep and detain all persons duly corn­ by any court, judge, magistrate, coroner juris- and required their custody in charge of prisons according diction which such person has been committed, charged to the terms of <iny writ, warranL, or until such person is dis­ by due course of law.

23.Every person charged with any offence by any cnurt, and remanded judge, magistrate in or s aoid.
ie% 011 custody to any prison or lock-up Delivery of civil or criminal or order by be delivered to the person in charge of such prison as the case may be, together of com­ and the person in charge of such prison or lock-up shall and the terms of such warrant, coroner shall or lock-up, mitment, detain such person according to shall cause such person to be delivered istrate or shall discharge or coroner named in and according to such court, judge, l'nag­ such person at the time to the terms of such warrant.
with the warrant A.D.1957] ---------------------------------------------------------------------------------- [No.

22 127 PRISONS Power of detention.

.

24-Every person arrested under any writ.


warrant or order having civil jurisdiction of any court lay before the court by which the writ, warrant or made, and if such court is not then sitting kept in custody court and shall be then brought hefore such court in order that such person may be dealt with according such person shall be of the until the next sitting in a prison or lock-up shaE be brought without or order was issued de­ to law.

and person detained in a lock-up 2:5.


Every prisoner released immediately ther by the expiration commutation, means.

upon his becoming of his term of sentence, entitled to release, or by pardon, by or by other lawful or by remission of sentence, shall be whe­ Release of prisoners, etc.

26.
26.

(1) Whenever the presence is required prison or lock-up court may issue an order addressed .i urisdiction, such in charge of the prison or lock-up, the production Production of persons in any court of civil or criminal confined in etc.

prisons, before the as the case may be, requiring court.
before the court of such person in proper custody of any person confined in a to the person '1 at the time and place named in such order, and the person in charge cf such prison or lock-up order to be brought during his absence custody such court may by endorsement named therein matter wherein up as directed shall cause the person named in such for his safe and shall provide from the prison or Jock-up; on such order require and _every the person (2)The Commissioner that the presence to be again brought up at any time to which the may be adJourned.
such person is requirea on being or person detained ir.. a at r,ny place in the interests of jus­ satisfied prison or lock-up tice, or for the purpose of any public enquiry, under his hand order place at the time stated or person be taken to the in such order, and the person in charge of as the case may be, shall cause the person of Local Government, that such prisoner of any p:risoner or lock-up, is required may by writing l such prison named in such order to be taken as directed his safe custody during his absence from the and shall provide for prisor1 or lock-up.
27.Any person taken from a prison or lock-up unde!'

any order made under section that prison or lock-up 26 of this Ordinance shall be deemed to be in legal custody.

Persons taken out 01 whilst outside prison undt,r order deemed in legal cus­ todY.

28.
28.

(1) Whenever a prisoner appears lock-up prison or a government medical may by order in writing such prisoner moval to the Mental Hospital, person had been ordered to be detained Ordinance Hospital under the Mental of the Mental Hospital tendent setting or person detained Prisoner 01 unsound to the Governor on the certificate mind.
officer to be of unsound mind, the Governor or person detained of in a forth the grounds of belief 1hat is of unsound mind, direct his re- as if such there to be kept and treated in the Mental Hospital until the Medical Superin--Cap.

140_ , son has ceased to require treatment (2)Where the Medical Superintendent or :per- that such prisoner in that institution.

of the Mental certifies r28 No.
22 J THE LAWS OF BRITISH GUIANA [A.D. 1957 ------------------- --------------------------------------------------------------------- Hospital then if the person in respect of whom the certificate as set out in subsection has certified (1) of this section (a)a prisoner whose sentence has ernor shall by order in writing be discharged; or prisoner is given is-­ expired, the Gov­ direct that such the (b)a prisoner has not expired, whose sentence shall by order in writing Governor either he be returned was removed there to serve the remainder term to which he is liable or that he be dis­ charged; tc, the prison whence he of any direct that trial or remanded shall by order in writing or (c)a person awaiting the Governor that such person be returned lock-up with according a prisoner to the Governor to law.• or a person detained whence he was removed until he is .dealt in a prison of a govern-, to the prison or direct in custody, on the certificate from any communicable setting dis­ forth the Prisoners, etc.
suffer­ ing �from communi­ cable disease.

29.

(1) Whenever appears of belief that the prisoner officer to be suffering or lock-up ment medical ease, the Governor may, by order in writing grounds ing from such communicable hospital treated hospital treatment as may be specified until the government certifies that such prisoner in that institution.
(2)Where a certificate me<iical person :detained has ceased to require been given under subsection or person in respect (1) of this section of whom the certificate is given ,s- or such person detained.is suffer­ diseaEe, in the order there to be kept and direct his removal to such officer in charge of su�h or person has ceased to require to the effect that a prisoner treatment institutional then if any prisoner or has (a)a prisoner and the term of his sentence has ex-J pired, the Governor direct that such prisoner shall by order in writing be discharged; or has not and the term of his sentence (b)a prisoner the Governor expired, direct either that he bl:!
returned whence he was removed there to serve the re­ mainder of any term to which he is liable that he be discharged; shall by order in writing to the prison or or (c)a person awaiting tody, the Governor direct that such person shall be returned prison or lock-up- to law.
he is dealt with according 30.Where the Governor is satisfied trial or \l'emanded in cus­ whence he was removed until shall by order in writing that any prisoner to the infirmity or disability js and the proper care of of ensuring from any permanent suffering that it is necessary such prisoner of the prison, be removed to such institution for the purpose that he should be detained he may by order in writing physical as may be named in the order and @emoval of disabled prisoner 1 ;1stitution.
to in any institution outside direct that such prisoner A.D.1957] PRISONS lNo.

22 r29 there detained unless sooner for the remainder discharged according to law.

of the term to which he is liable disease, of a prisoner Serious m_ Hlness, other than unsoundness ness of orisoner.

there being no suitable the or person ln such prison or lock-up, 31.
(1) In case of the serious of mind, or any communicable tained in a prison or lock-up, tion for such prisoner Superintendent (as the case may be) may, on the certificate cal officer or in the case of urgent necessity any registered available, make an order for his removal to a public hospital.
medi­ of a government of is not and dispenser, or the person in charge of the prison or lock-up or person de­ accommoda­ or if such practitioner on the certificate on the certificate of a registered practitioner sicknurse medical (2)So long as any prisoner or person who has detaine.d under the provisions the government of subsec­ medical remains therein, shall, at the end of every month, been removed to a public hospital tion (1) of this section officer in charge of such hospital transmit a certificate such prisoner or person detained to the Siuperintendent or person in charge of the lock-up signed by him that it is in his opinion necessary that should remain in the hospital.
of the government medical that who has been removed to such it is no longer necessary (3) So soon as, in the opinion officer in charge of a public hospital, or person detained any prisoner should remain therein, hospital tendent or person in charge of the lock-up such necessity person in charge of the lock-up, with cause such prisoner the prison or lock-up or person detained liable has ceased and thereup01: if he is still he shall transmit ( 4)The provisions of subsections as the case may be, shall forth­ to be brought to be confined therein.
(2) and (3) of thi:; sec­ back to to the Superin­ a certificate, that stating or the Superintendent tion shall cease to apply to a prisoner the date on which he would be entitled prison or lock-up.

or person detained to be released as from from the •32.
Where any prisoner or person detained to any public: virtue of section 31 of this Ordinance lock-up charge of such hospital the escape of such prisoner or person soner or person detained deemed to be in legal custody: shall take all practical remains in such hospital the government hospital, detained and while such pri­ he shall be in a lock-up is by prison or removed from any officer in n1edical steps to prevent Custody ot prisoner, etc., in hos­ pital.
Provided from the prison or lock-up, that where any such prisoner would, but for the fact that he is in such hospital, released he would be so entitled ed to be in legal custody his escape merely by reason of the fact that he had been a prison­ er or person detained.
or person detained to be be entitled then from the date on which he shall no longer be deem­ and no steps shall be taken to be released, to prevent 33.The Superintendent all or any may order the removal of prisoners confined and it shall not be necessary designate prison in the Colony of such order to any prisoner by name, but it shall be sufficient to des- in any prison to another for the purposes Transfer of prisoners.

r30 No.
r30 No.

22 ] THE LAWS OF BRITISH GU[ANA [A.D. ]957 --------------------------------------------------------------------------------------------------- such prisoner scribe by some other like general description.

or prisoners by reference to their sentence ,1r Separation of prisoners.

34.
34.

(a) No male prisoner shall be detained in the same part of any prison as any female prisoner; (b)no civil prisoner shall be detained in the same part of any prison as any criminal prisoner; (so far as possible) (c)no young prisoner shall be detained (so far as possi­ ble) in the same pm·t of any prison as any other prisoner; (d) no person awaiting trial or remanded shall (so far as be detained possible) as any other prisoner.

in the same part of any prison of Transfer young prisoners.
35.Where any person apparently to any prison, under the age of sixteen may order the Governor years has been committed snch prisoner poses of any Ordinance committed committed Ordinance.

to be transferred to an approved under which a child or young person there to be kept a::; if school, to an approved to such school by the court under he had been the provisions of such school for the pur­ may be Persons sen­ tenced for offences against mili­ tary law.
36.Any person sentenced to be detained or imprisoned under Military, cf the sE'ntence of Her Majesty's and a certificate to the discipline may be committed to prison and shall be re­ of any such per­ in writing for his ie1prisonment offender by the Senior Military any law relating Naval or Air Forces, ceived therein; son or an order or warrant in the case of a military command of Her Majesty's a naval offender, tion or by the Senior Air Force Officer in the Colony shall be suffi­ and detain him; cient authority o.ccording to the and the Superintendent lerms of such sentence, or until he be discharged therein, specified other custody before the expiration duly made for the purpose.
Officer in troops in this Colony and in the case of on any foreign sta­ shall keep order or warrant and during the term over to or delivered of that time under an order to receive such offender by the Commander-in-Chief for the Superintendent signed, PART V. Employment of prison<>rs outside prison.

DISCIPLINE 37.All prisoners be taken beyond the limits may be prescribed by Prison Rules.

AND CONTROL OF PRISONERS.


may with the approval of tht: Superintendent of a prison and put to such labour as Prisoner subject to Ordinance and Rules.

38.Every prisoner shall be subject to the pr,wisions '.

)rdinance djscipline is not within the limits and of Prison Rules, and shall also be subject whether during the whole of his imprisonment, of any prison.

of this to prison he is or Punishment for major prison offences.
prison offences- ( a)mutiny or incitement to mutiny; 39.Where any prisoner commits any of the following major A.D. 1957) ---------------------------------- [No.
22 131 PRISONS (b)escape or attempt to escape; (c)taking part in any assault or attack on any mem­ ber of the prison staff or medical officer; (d)aggravated prisoner- or repeated assault on any other then, on such prisoner before the all of the following Superintendent , the Superintendent may impose any or punishments-- (i) in the case of an offence specified in paragraphs being found guilty thereof, on an enquiry (a), (c) or (cl), whipping or flogging: Provided or­ flogging shall be imposed except with the ap­ proval of the Governor; that.
no sentence of whipping (ii)reduction of diet to No.

1 punishment diet for any period not exceedi.ng days; fourteen consecutive (iii)reduction of diet to No.
II punishment diet for any period not exceeding days; twenty-one consecutive (iv)suspension or postponement of any or all privi­ leges for any period not exceeding ninety days; (v)forfeiture of remi.ssion for any period not exceed­ ing ninety days, and in the case of an offence specified remission (b), the forfeiture in paragraph earned up to the date of such offence.

commits any of the following Other offences.
of all 40.Where any prisoner offences- (a)wilful destruction (b) wilfully causing to himself of property; any illness, injury or disability; (c)wilfully making any false or groundless any member of the pri­ tion or complaint son staff, medical officer or prisoner; repetition against of any minor prison accusa­ ( d)persistent offence; ( e)any act of misconduct (f)abetting or insubordination; of any major prison the commission offences; (g)malingering (h)disobeying or feigning illness; any order of the Superintendent or any other officer or any Prison Rules or Standing Orders; (i)acting in any way prejudicial to good order and discipline, then on such prisoner the Superintendent, the following punishments- being found guilty thereof the Superintendent by may impose any or all of on any enquiry (a) reduction of diet to No.
1 punishment period not exceeding fourteen consecutive diet for any days; 132 No.

22 J THE LAWS OF BRITISH GUIANL1 [A.D. 1957 --------------------------------- (b)reduction of diet to No.

II punishment diet for any period not exceeding days; e consecutiv twenty-one (c) suspension or postponernent of any privileges for any period not exceeding ninety days; (d)forfeiture of remission for any period not exceed­ ing ninety days.

Powers of verson in i,harge of a vrison to award pun.
fahment for major and other prison offences.

41.Where any prisoner commi!

:s any prison offence then en such prisoner the person in charge of the prison, prison may impose any or all of the following being found guilty thereof, the person in charge of ihe punishments on an enquiry before (a)reduction period not exceeding (b)reduction period not exceeding of diet to No.

1 punishment - diet for any days: •diet for any of diet to No.
II punisi:J.ment days; fourteen seven consecutive consecutive of any or all privileges twenty-eight consecu­ ( c)suspension or postpo11ement for any period not tive days; exceeding ( d)forfeiture of remission for any periori not exceeding thirty 42.No prisoner days.

tunity of hearing the charge against shall be punished until he has had an oppOl'­ him and makiug his defence.

Prisoner to be heard on his own behalf.

Entry of punishment ln register.

Appeal by prisoner.
Appeal by prisoner.

Detention after date or discharge, Supervision of prisoner under sen­ tence of death.

Access to prisoners under sen­ tence of death.

43.Where any punishment or the person i!1 charge of th:'!

the Superintendent case may be, shall cause to be entered such purpose, each prisoner offence and the extent of his Punishment.
a record of the punishment punished, is imposed upon any prisoner then as the prison, to be kept for in a register showing in respect of the name of Hie prisoner, the nature of his 44.Any prisoner may, within forty-eiglit tion of any punishment under in writing reduce, secti,)n to the Superintendent confirm or increase homs of the imposi­ appeal 41 of this Ordinance who may allow the appeai, 0r as he may see f.t.
under this such punishment imposed on a prisoner 45.Any punishment lawfully Ordinance standing detention wise be entitled that the carrying of a prisoner or any Prison Rules may be carried thereof inic, effect notvvith­ may necessitate into effect the beyond the date at which he would other­ to be discharged frnm prison: Provided forty-eight of the day upon be discharged.
that the period of such detention hours, ::,uch period to be calculated which the prisoner would shall not exceed from the last hour otherwise be entitled to 46.Every prisoner apart from other prisoners constant under sentence in a special by day and by night.

supervision of death shall be confined cell, and shall be under 47.Except with the written permission of 1he Superintendent.

no person other than a member of the prison staff, the medical ufficer and a minister prisoner lence of death.
shall have access t0 any prisonet· to which the under the sen­ denomination of the refo,fous belongs, ----------------------------------------------------------------------------------- A.D. 1957] ..

PRISONS [No.

22 133 PART VI.

General.

48 (1) There shall be in respect Board of Visiting time as may be specified justices Justices, of each prison and the Governor in the ap1�ointment in the Colony a may appoint for such such and so many Visiting justices.

to be members of such Board.


(2)All judges of the Supreme Court and magistrates of the Colony.

visiting justices for each of the prisons may at any time visit any prison in 49.
(1) A visiting justice be ex-officio shall justice, of which he is a visiting may enquire and conduct respect of such prison, ing, treatment of the prison staff or prisoner, lprisoner prison of this Ordinance and the Prison Rules nre being complied cloth­ any member may question from any may hear complaints ities in any into and examine of prisoners, any abuses and irregular , may enquire into and shall ascertain as far as possible whether the food, diet, with, the provisions and may inspect any part Powers and duties of visiting justice.
, and may make a report (2)A court composed upon any such n,atters to jm.

:tices of two visiting 18 of this Ordinance appointed or of one the Governor.

under subsection visiting ex-officio of the Superintendent , prison offence or in relation Ordinance.

(1) of section sitting justice, in relation shall have all the powers in prison to the trial of any major or other 44 of this to any appeal under section 50.
(1) The Governor who has been released from prison of a police station (a)his address (b)any change in his address may by orJer require to notify to the person in charge in which the prisoner resides a convicted prisonei· Power to require re­ leased prisoner notify address.

within one week of such release; in the district to - place during such period, years after such re)ease, order within one week of such change.
which may have takc•n ·�ve in no case exceeding 21: may bG specified in the (2)Any order made under this section shall be served on the prisoner prior to his release from prison.

who contravenes the provisions of any (3)Any prisoner order made un:der this section any false or incorrect notifies against this Ordinance and liable not exceeding one hundred dollars term not exceeding two months.
address shall be guilty or who knowingly or recklessly of an offence 011 summary conviction to a fine for :my or to imprisonment 51.It shall be the duty of the coroner in the place where any prison the body of any prisoner or who may die in such prison.

is situate on whom sentence to hold an inquest having jurisdictior; Coroner to upon hold inquest on death of prisoner.
of death is executed 53.Nothing in this Ordinance to exempt any prisoner construed for any offence by the ordinary be punished twice ' that nothing for the same ofl'ence: Provided derogating from the powers contained in sections 39 and 40 of this in this section shall be construed a� or in Prison Rules shall be from being p1·oceeded court of law, but no prisoner against shall Prisoner no1 to be pun­ ished twice.

134 No.
134 No.

22 ] ------------- THE LAWS OF BRITISH GUIANA A.D. 1957 " ---------------------------------------------- Escape, to the infliction of all or any of the punish­ Ordinance ments therein in relation set out.

53.

Where any prisoner then the currency escapes, going shall be suspended day on which he is recaptured have served any part of his sentence the day on which he escaped tured.
of the sentence which he is then under­ from the day on which he escapes to the to so that he shall not be deemec'i during the period between and the day on which he was recap­ under sentence of imprisonment Escape punishable before magistrate .

54.Any prisoner who escapes or attempts to escape from law­ be guilty of an offence against ful custody shall and liable on summary conviction not exceeding prisoner this Ordinance for a �erm earned by such up to the :date of such offe!1ce skill be forfeited.
J twelve months, and.

all r':!mission to imprisonment Prohibited articles.

55.
55.

(1) Any person who without (a)brings, throws, conveys lawful authority - or causes fo be conveyed by any means , or introduce or to any prisoner supplied into any prison, or prisoners or hides or places for any prisonE: or article; any prohibited r (b)brings or throws or conveys or attempts to bring out of any prison or conveys from any prison any prohibited article, shall be guilty of an offence 011 summary conviction forty dollars months.
against to a fine not exceeding this Ordinance, and be liable two hundred and for a term not exceeding three or to imprisonment (2)The offender before a magistrate to be -dealt with according to law.

may be apprehended by anyone and taken this section forfeit pension (3)Any prison or police officer who is convicted under to J of .

::alary due him and also any to any other punishment, shall in addition and any arrears to which he may be entitled.

his office be liable Communicat­ ing with prisoners.
56.Any person, who without or speaks to or in any way communicates at work without from that work shall be liable exceeding two months.

the walls of a prison or while going to or returning to a fine :1.ot for a term not exceeding on summary conviction or to imprisonment fifty dollars while leave or lawful excuse interrupts with any prisoner \ssaulting .

!tc., prison officer.


obstructs, obstruct or resists or resist or aids or any prison of his duty, shall be liable on summary con­ 57.Any person who assaults, person to assault., any other incites officer in the execution to a penalty viction prisonment offender on indictment prisoner, to imprisonment is a convicted not exceeding he shall be liable, for a term not exceeding upon conviction two years.
for a term not exceeding twelve months, five hundred dollars or to im­ and if the Malting of nuies, Powers 0t Governor.

58.The Governor the good management for carrying for may make rules generally and prisoners and and without pre- of prisons of this Ordinance and governance out the objects in Council .1 A.D. 1957] PRISONS ---------------------------------- [No.
22 135 iudice to the generality ra - of such powers may make rules in relation (a)the conditions of se;.·vice and tbe powers, conduct, and discipline duties of the subordinate staff; classific2.tion, (b)the employment, ancl discipline safe custody, of prisoners; treatment ation, separ­ of prison offic<::rs and members (c)the medical examination, ing, taking of finger prints, prisoners; (d)the remission of sentences measuring, and other records photograph­ of to be allowed to prisoners under which such and the manner and conditions remissions are to he granted; (e)the supply of money, food or clothing, or the means to prisoners (f)the a:dministration (.g) the proceedings, ing justices; of the Prison Fines Fund; of travelling visits, on their discharge; duties and powers of ·visit­ (h)the appointment, duties and powers of Visiting Committees; (i)the conditions under which, and the manner in which, the sentence of death shall be executed; (j)the conditions which corporal under which and the manner in punishment shall be inflicted; (k)the means and methods of restraining refractory prisoners.
59.

(1) The Prisons Ordinance is hereby repealed.

(2)All Rules made by the Governor under the provision;; of Repeal and savings.

Cap.

83.

Ordinance the Prisons of this Ordinance the provisions 1.1okPd by Prison Rules made under the provisions of this Ordinance continue shall insofar to have effect untE re- which were in force at the commencement as they are not inconsistent with of this Ordinance.