Defence Act, 1954. Rules For Military Prisons and Detention Barracks, 1954.
Statutory Instruments
Source: Statutory Instruments

num: 72
paragraphs: The particulars of every detained man upon admission shall be entered in the Military Prison or Detention Barrack Register, together with the cause of his commitment.
(2) In the case of a military prisoner sentenced to imprisonment with hard labour, the period of daily labour shall not exceed eight hours, exclusive of the time taken for meals, and the period of daily exercise may be reduced to one hour.
(2) A military prisoner or man undergoing detention, if certified by the Medical Officer to be unfit for labour of a particular kind shall not be employed on that labour.
(3) A military prisoner or man undergoing detention who is suffering from physical infirmities shall only be required to perform such labour as the Medical Officer may recommend as suitable.
(2) A detained man whose Sabbath falls on a day other than a Sunday shall not be required to do more on his Sabbath than is prescribed in Rule 73.
(2) In addition to the foregoing the Adjutant-General may award, in respect of such special industry and good conduct, such further remission of sentence, not exceeding twenty-one days, as to him may seem meet.
(2) The Governor shall review monthly the record of the industry and conduct of each military prisoner and man undergoing detention and shall inform any prisoner or man who is not displaying special industry or good conduct that he is thereby prejudicing the remission of his sentence, and shall record the fact in his Personal Record.
(3) The Governor shall, on a date before the notional date of release of a military prisoner or man undergoing detention and as close thereto as may be convenient, review the record of his industry and conduct and ascertain or decide whether the notional date of release of that prisoner or man has been, or should be, postponed by reason of the award of any punishment in manner hereinafter provided, or of any lack of special industry or good conduct and, if it has been, or ought to be, postponed, then by how many days, and shall inform him accordingly and shall enter the postponed date in the Military Prison or Detention. Barrack Register.
(4) Any remission of sentence granted pursuant to this Rule to a military prisoner or man undergoing detention may, at any time prior to the actual release of such prisoner or man, be forfeited for serious misconduct after the date of such grant.
(2) Where a military prisoner or man undergoing detention is convicted of an offence under section 143 of the act, his conduct shall, for the period of any illness resulting therefrom, be deemed to be unsatisfactory.
(2) A commanding officer, upon receiving a notification pursuant to paragraph (1) of this Rule, shall arrange for a non-commissioned officer to take charge of the man concerned. If such non-commissioned officer has not arrived by a reasonable hour on the day of the release, the Governor shall notify the fact to the Officer Commanding the Command who shall give such instructions as to accommodation for the man and his return to his Unit as may be necessary.
(a) Medical book (L.A. 30) ;
(b) Conduct sheet (A.F. 43) ;
(c) Personal record of clothing and necessaries (A.F. 245B) ; and
(d) Certificate of personal cleanliness.
(2) Every order for the transfer or the delivery into service custody of a military prisoner or man undergoing detention shall be made in duplicate and one copy of such order shall be delivered to and retained by the Governor of the prison or detention barrack from which such prisoner or man is being transferred or delivered and the other shall be furnished to the Governor of the prison or detention barrack to which he is to be transferred (together with the original order for his commitment) or, in the case of delivery into service custody, to the person into whose custody he is delivered.
(3) The Governor of a prison or detention barrack from which a military prisoner or man undergoing detention is to be transferred or delivered into service custody shall demand and receive a receipt for such prisoner or man on handing him over to the person who produces the order for such transfer or delivery.
(2) Any period of temporary release authorised pursuant to paragraph (1) of this Rule, may be extended by the Adjutant-General or the Officer Commanding the Command by a further period not exceeding three days and the Governor shall be informed immediately of such extension.
(3) For the purpose of paragraph (1) of this Rule, " immediate relative " shall be deemed to include a wife, a parent, a grandparent, a step-parent, a child, a grandchild, a step-child, a brother, a sister, a half-brother or a half-sister.
(a) to have books from the library of the military prison or detention barrack, and such other books and periodicals as the Governor may approve ;
(b) to receive and despatch a letter each week ;
(c) to receive a visit each week ;
(d) to associate with other prisoners or men of his Class during exercise ;
(e) to smoke, or consume sweets if he is a non-smoker, during recreation or when in his room or cell ;
(2) Letters despatched at the public expense may, if the detained man so desires, be written on stationery supplied from official stocks.
(3) Where a detained man is entitled to write more than one letter a week, all such additional letters shall be at his own expense.
(2) When a letter or any of its contents is withheld by the Governor, he shall record the fact in his Journal and shall inform the detained man of his action, unless the public interest otherwise requires. Any letter so withheld shall, unless the Governor otherwise decides, be handed over to such detained man on his release.
(2) A member of the staff shall be present when a detained man is seeing visitors.
(3) Visitors to detained men shall be admitted only to the place specially set aside by the Governor for visits.
(4) The name of each visitor to a detained man and the date and hour of the visit shall be recorded in his Personal Record.
(a) fails to return to his military prison or detention barrack on the expiration of temporary release or any extension thereof ; or
(b) disobeys a lawful order given by the Governor or a member of the staff or any order made for the good order and government of the detention barrack ; or
(c) assaults or treats with disrespect the Governor or a member of the staff or any Inspector or Visitor or other officer appointed pursuant to these Rules or a detained man ; or
(d) is idle or careless or inattentive in the performance of his duties or negligent at labour or refuses or fails to labour ; or
(e) is absent without leave from any place where his duty or these Rules or orders made thereunder require him to be ; or
(f) swears, curses or uses any abusive, insolent, threatening or other improper language ; or
(g) converses or communicates in any way with another detained man without authority ; or
(h) makes any unnecessary noise or disturbance ; or
(i) in any way wilfully damages or disfigures any part of a military prison or a detention barrack or any article to which he may have access ; or
(j) has in his room or cell or in his possession any article which he is not authorised by these Rules to have ; or
(k) gives to, or receives from, any detained man any article whatsoever without permission ; or
(l) commits any act, conduct, disorder or neglect to the prejudice of good order and the discipline of a military prison or detention barrack ;
(2) Upon inquiry into a charge of having committed an offence against these Rules against a military prisoner or a man undergoing detention, the Governor—
(a) shall, if he considers that there is no evidence, or not sufficient evidence, to support the charge, or if he thinks that it ought not be proceeded with, dismiss the charge ; or
(b) if he is satisfied of the guilt of the accused, may award one and one only (save as provided at subparagraph (i) hereunder) of the following punishments :—
(i) in addition to or without any other punishment, a postponement of the notional date of release of the accused not exceeding three days ;
(ii) close confinement for a period not exceeding three days (provided that the accused is twenty-one years of age or over), unless the Medical Officer certifies that the accused is unfit therefor ;
(iii) deprivation for any period not exceeding fourteen days of anyone of the following:—
(I) books ;
(II) the amenity of writing or receiving letters (but subject to Rule 18 (f)) ;
(III) visits ;
(IV) association with other men ;
(V) tobacco or sweets ;
(iv) an admonishment.
(3) The provision of the Rules of Procedure and of Defence Force Regulations A.7 relating to the investigation of a charge against a person subject to military law by his commanding officer shall apply, in so far as they are applicable, to an inquiry by a Governor pursuant to these Rules into a charge against a military prisoner or man undergoing detention.
(2) Any punishment awarded pursuant to these Rules shall not authorise the keeping of a military prisoner or man undergoing detention in a military prison or detention barrack beyond the date of the expiration of the sentence in respect of which he was committed to such prison or barrack.
(2) The Governor shall also enter every punishment awarded by him in the Personal Record of the offender together with the serial number of the entry in the Offences and Punishment Book in respect of such punishment.
(a) every failure of a military prisoner or man undergoing detention to return after a period of temporary release granted to him pursuant to these Rules ;
(b) every offence by a detained man against these Rules which is accompanied by circumstances of aggravation or which he considers ought to be brought to the attention of the Officer Commanding the Command ; and
(c) every offence by a detained man which is not an offence against these Rules.
(2) An Officer Commanding a Command, upon receipt of a report under paragraph (1) of this Rule, shall give such directions for the disposal of the case as he may think fit.
(a) shall be kept in his room or cell ; and
(b) shall not be allowed to smoke or to consume sweets ; and
(c) shall not be allowed to receive any visits ; and
(d) shall be allowed only one hour's exercise each day (unless the Medical Officer certifies that he should be allowed such period not exceeding three hours' exercise each day as he may think necessary).
(2) If a military prisoner or man undergoing detention who has been awarded close confinement is violent or inclined to be violent, he may be kept in a special room from which all articles of furniture may be removed during the day time.
(3) A military prisoner or man undergoing detention who is in close confinement shall be visited by a member of the staff at least once in every hour, but such visits shall not be of such a nature as to disturb the rest of such prisoner or man.
(a) The Governor's Journal, in which the Governor shall enter all the matters required to be recorded by Rules 9, 18, 61 , 101 and 104 and all such other matters as it may be necessary or expedient to enter therein ;
(b) The Medical Officer's Journal, in which the Medical Officer shall enter all the matters required to be recorded by Rules 22 and 64 and all such other matters as it may be necessary or expedient to enter therein ;
(c) The Chaplain's Journal, in which shall be entered all the matters required to be recorded by Rule 37 and all such other matters as it may be necessary or expedient to enter therein ;
(d) The Visitor's Journal, in which the Visitor shall enter all the matters required to be recorded by Rule 12 and all such other matters as it may be necessary or expedient to enter therein ;
(e) The Military Prison or Detention Barrack Register, in which shall be entered in respect of each detained man particulars of the following matters :—
(i) service number, rank, name in full, unit, age on admission, weight on admission and release or transfer, religion and next-of-kin ;
(ii) date of admission, cause of commitment, charges on which convicted, sentence to be served and date of commencement thereof ;
(iii) temporary release and any suspension of sentence ;
(iv) transfer or delivery into service custody ;
(v) date of expiration of sentence, notional date of release and any postponement thereof, any remission of sentence and the authority therefor, and the actual date of release ; and
(vi) all such other matters as it may be necessary or expedient to enter therein ;
(f) The Gate-Keeper's Register, in which shall be entered all the matters required to be recorded by Rules 45 and 57 and all such other matters as the Governor may direct ;
(g) Correspondence Register, in which shall be entered all material details of official incoming and outgoing correspondence ;
(h) Register of Detained Men's Letters, in which shall be entered all material details of letters received for, or written by, a detained man and the disposition of each such letter;
(i) The Offences and Punishment Book, in which shall be entered the matters required to be recorded by Rule 108 and all such other matters as it may be necessary or expedient to enter therein ;
(j) The Daily Detail Book, in which shall be entered daily all the orders and directions which the Governor is empowered, or required, by these Rules to give relating to the labour, employment and training of the detained men each day, together with such other matters as he may consider necessary to be known and carried into effect by the members of the staff for the proper administration and discipline of the military prison or detention barrack.
(k) The Detained Man's Personal Record, on which shall be entered in respect of each detained man the following :—
(i) his serial number in the Military Prison or Detention Barrack Register, service number, rank and name ;
(ii) the serial number of every entry relating to him in the Register of Detained Men's Letters ;
(iii) all the matters required to be recorded by Rules 68, 83, 103, 104 and 108 ; and
(iv) all such other matters as it may be necessary or expedient to enter thereon.
(2) Such other journals, registers, books and records shall be kept as may be necessary for the implementation of these Rules, and as the Officer Commanding the Command or the Adjutant-General may, from time to time, direct.
(a) shall be made chronologically on the day on which the occurrence to which such entry relates takes place ;
(b) shall be made in ink ;
(c) shall be initialled by the person making such entry (save where the signature of such person is required by these Rules) ; and
(d) shall be numbered seriatim.
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paragraphs: 00
num: 08
paragraphs: 30
num: 12
paragraphs: 15
num: 13
paragraphs: 35
num: 17
paragraphs: 00
num: 17
paragraphs: 50
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num: 21
paragraphs: 35
num: 22
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paragraphs: 00
num: 12
paragraphs: 15
num: 14
paragraphs: 00
num: 16
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paragraphs: 00
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paragraphs: 00
num: 21
paragraphs: 00
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paragraphs: 35
num: 22
paragraphs: 00