The People's Laws 1980

2. In this Act--

"civil prisoner" means any prisoner other than a criminal prisoner;

"Commissioner" means the Commissioner of Prisons appointed under section 6 of this Act;

"criminal prisoner" means a prisoner duly committed to custody under any writ, warrant, or order of any court or authority exercising criminal jurisdiction or by order of a court martial;

"first offender" means any person who has been committed to prison for the first time;

"lock-up" means any house, building or enclosure declared to be a lock-up under section 4 of this Act;

"medical officer" means the medical officer assigned to duties in any prison under section 6 of this Act;

"member of the PRA" means a member of the People's Revolutionary Army established by People's Law No. 7 of 1979;

"member of the subordinate staff" means any prison officer below the rank of Assistant Superintendent whether permanent, temporary or acting whose duties are to instruct, supervise and employ prisoners or to perform work in connection with prisons;

"Minister" means Minister responsible for National Security;

"prisons" means the Richmond Hill Prison, the police cells at Hillsborough Carriacou and any house, building or enclosure declared to be a prison under section 4 of this Act;

"prison offence" means any offence committed by a prisoner under this Act or as specified in any Prison Rules, or Prison Standing Orders;

"prison officer" means any person holding an office or performing a duty in or in connection with a prison, but does not include any persons appointed to perform clerical duties only;

"prisoner" means any person whether convicted or not, under detention in any prison;

"Prison Rules" means any rules made under section 53 of this Act;

"prohibited article" means--

(a) any intoxicating liquor, drug, tobacco, money, clothing, provisions, letter, tool or any article whatever likely to prejudice good order and prison discipline;

(b) any article, the introduction or removal of which into or out of the prison or any part thereof is prohibited by Prison Rules or Standing Orders; or

(c) any other article not expressly authorised to be brought into prison by the Commissioner;

"young prisoner" means any prisoner under the age of eighteen years.

CONSTITUTION AND ADMINISTRATION OF PRISON AND LOCK-UPS

3.---(1) The prison situate at Richmond Hill known as the Richmond Hill Prison shall be a prison for the purposes of this Act.

4.---(1) The Minister may, by order published in the Gazette--

(a) declare any house, building or enclosure or any part thereof, to be a prison or lock-up and may, in such order, declare the name by which such prison or lock-up shall be known and any such place shall be a prison or lock-up as the case may be, for the purposes of this Act.

(b) declare that any prison or lock-up shall cease to be a prison or lock-up and as from the date of the publication of such order, or such other date as may be specified therein, such prison or lock-up shall cease to be a prison or lock-up for the purposes of this Act.

5. The general charge and administration of prisons and the control and direction of the prison staff shall be vested in the Commissioner who may make such transfers, and direct the employment and distribution of the prison staff as he may think fit.

APPOINTMENT, ADMINISTRATION AND POWERS OF PRISON

6.---(1) The Public Service Commission shall appoint---

(a) A Commissioner of Prisons;

(b) a Superintendent of Prisons;

(c) an Assistant Superintendent of Prisons; and

(d) as many clerical officers to the prisons as may be necessary.

7. The Chief Medical Officer shall assign in respect of each prison, a government medical officer who shall have control generally of the health and medical welfare of the prisoners and the sanitation of the prison, and such medical officer shall perform such other duties as may be directed by this Act or by Prison Rules.

8. The Commissioner may issue Standing Orders not inconsistent with the provisions of this Act and Prison Rules for the governing of members of the Prison Department and prisoners.

9.---(1) The commissioner may interdict from his duties any member of the subordinate staff pending the result of any inquiry the Commissioner may see fit to order.

-----(2) An Officer so interdicted shall be paid such proportion of his salary, being not less than one-half, as the Commissioner shall think fit.

-----(3) If the enquiry results in the exculpation of the officer he shall be entitled to the full amount of his salary which he would have received if he had not been interdicted but if the enquiry results in any punishment other than dismissal the officer shall be allowed such salary as the Commissioner may think fit.

10.--(1) No member of the subordinate staff shall without the written permission of the Commissioner resign or withdraw from prison duties unless he has first given to the Commissioner not less than one month's notice in writing expiring on the last day of the succeeding month of his intention so to do.

-----(2) Any member of the subordinate staff who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding two months.

11.__(1) The Superintendent or an Officer deputed by him may hold an inquiry into the conduct of any member of the subordinate staff who is alleged to have -

(a) been absent from duty without good cause;

(b) been asleep on duty;

(c) been insubordinate;

(d) been late for duty;

(e) disobeyed any lawful order given him by his superior in rank or seniority, whether verbally or in writing;

(f) committed any neglect of duty;

(g) used personal violence or abusive, insulting or threatening language to any member of the prison staff;

(h) lost by neglect, willfully damaged or permitted injury to any of the articles of clothing, arms, tools or supplies or equipment in his charge;

(i) presented himself for duty dirty or untidy in person or clothing;

(j) been under the influence of alcohol or drugs while on duty;

(k) used unnecessary violence to any prisoner;

(l) associated with any discharged prisoner without the written consent of the Superintendent;

(m) been unduly familiar with, or shown undue favour to, any prisoner;

(n) communicated to anyone nay matter or thing connected with the administration of the Prison Department;

(o) committed any act or conducted himself in a manner prejudicial to prison discipline, or in any manner likely to bring the prison service into disrepute;

(p) committed any breach of the Prison Rules or Standing Orders;

and if after such inquiry the Superintendent is satisfied that such member of the subordinate staff has committed the act of neglect alleged, he may award any of the following punishments--

(a) reprimand;

(b) severe reprimand; or

(c) forfeiture of good conduct pay or any benefit arising from service;

(d) fine of not more than half month's salary;

(e) suspension, stoppage or deferment of increment;

(f) reduction of tank or grade;

(g) dismissal.

Provided that in the cast of contravention of--

(i) paragraph (a) of this subsection the punishment may include forfeiture of pay for the period of absence;

(ii) paragraph (h) of this subsection the punishment may also include an order to pay the value or part of the value of the property destroyed, lost or injured and such payments may be enforced by deduction from such member's salary either at tone time or by such instalments as may be ordered.

-----(2) Any member of the subordinate staff may within two days of the date on which the punishment was ordered, appeal in writing to the Commissioner against any punishment ordered under this section and the Commissioner may allow the appeal, or reduce, confirm or increase such punishment or substitute any other punishment warranted under the foregoing sub-section.

12. Every member of the prison staff or any person who is employed in a prison any any capacity whatever who--

(a) has any dealing whereby he obtains or might expect to obtain at any time either immediately or in the future any benefit of any nature whatsoever, with any prisoner or with any person on behalf of any prisoner or

(b) assaults, threatens or insults any member of the prison staff

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred dollars, or to imprisonment for a term not exceeding three months.

13. Every prison officer while acting as such shall have by virtue of his office all the powers, authorities, immunities and privileges of a constable under the Police Ordinance for the purposes of his duty as such prison officer.

14.--(1) Every prison officer or member of the PRA may use weapons against any prisoner escaping or attempting to escape;

15. The Commissioner shall as often as may be necessary visit and inspect all prisons and shall make an annual report to the Minister on the administration and condition of the prisons, the conduct and treatment of the prisoners and such other matters relating to the prisons or to prisoners as he may think fit.

16. All pay which is forfeited by, and fines indicted upon, members of the subordinate staff under this Act shall be paid into a fund to be called the Prison Officers' Reward Fund and this fund shall be administered in accordance with the Prison Rules.

CUSTODY AND REMOVAL OF PRISONERS AND PERSONS DETAINED IN ANY LOCK-UPS

17.--(1) Every person sentenced to imprisonment shall be committed to and detained in a prison.

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

19. The persons in charge of prisons and lock-ups are hereby authorised and required to keep and detain all persons duly committed to their custody by any court, judge, magistrate, coroner, or other public officer lawfully exercising civil or criminal jurisdiction according to the terms of any writ, warrant, or order by which such persons have been committed, or until such persons are discharged by due course of law.

20. Every person charged with any offence and remanded in custody to any prison or lock-up by any court, judge, magistrate or coroner shall be delivered to the person in charge of such prison or lock-up as the case may be, together with the warrant of commitment, and the person in charge of such prison or lock-up shall detain such person according to the terms of such warrant, and shall cause such person to be delivered to such court, judge, magistrate or coroner or shall discharge such person at the time named in and according to the terms of such warrant.

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

22. Every prisoner and person detained in a prison or lock-up shall be released, immediately upon his becoming entitled to release, whether by the expiration of his term of sentence, or by pardon, by commutation, or by remission of sentence or by other lawful means.

23.--(1) Whenever the presence of any person confined in a prison or lock-up is required in any court of civil or criminal jurisdiction, such court may issue an order addressed to the person in charge of the prison or lock-up, as the case may be, requiring the production before the court of such person in proper custody at the time and place named in such order, and the person named in such order to be brought up as directed and shall provide for his safe custody during his absence from the prison or lock-up; and every such court may, by endorsement, on such order require the person named therein to be again brought up at any time to which the matter wherein such person is required may be adjourned.

24. Any person taken from a prison or lock-up under any order made under section 23 of this Act shall whilst outside that prison or lock-up be deemed to be in legal custody.

25.--(1) Whenever a prisoner or person detained in a prison or lock-up appears to the Commissioner on the certificate of the Prison Medical Officer to be of unsound mind, the Commissioner may, in his discretion, by order in writing setting forth the grounds of belief that such prisoner of person detained is of unsound mind, direct his removal to the Mental Hospital under the Mental Hospitals Ordinance until the Medical Superintendent of the Mental Hospital certifies that such prisoner or person has ceased to require treatment in that institution.

(a) a prisoner whose sentence has expired, the Commissioner shall by order in writing direct that such prisoner be discharged; or

(b) a prisoner whose sentence has not expired, the Commissioner in his discretion may by order in writing direct that either he be returned to the prison whence he was removed there to serve the remainder of any term to which he is liable, or that he be discharged; or

(c) a person awaiting trial or remand in custody, the Commissioner in his discretion may by order in writing direct that such person be returned tot he prison or lock-up whence he was removed until he is dealt with according to law.

26.--(1) Whenever a prisoner or person detained in a prison or lock-up appears to the Commissioner on the certificate of the Prison Medical Officer or other Government Medical Officer to be suffering from any communicable disease, the Commissioner in his discretion may, by order in writing setting forth the grounds of belief that the prisoner or such person detained is suffering from such communicable disease, direct his removal to such hospital as may be specified in the order there to be kept and treated until the government medical officer in charge of such institution certifies that such prisoner or person has ceased to require treatment from such institution.

(a) a prisoner and the term is his sentence has expired, the Commissioner shall by order in writing direct that such prisoner be discharged; or

(b) a prisoner the the term of his sentence has not expired the Commissioner in his discretion may by order in writing direct that either he be returned to the prison whence he was removed there to serve the remainder of his sentence or that he be discharged; or

(c) a person remanded in custody or awaiting trial, the Commissioner in his discretion may by order in writing, direct that such person shall be returned tot he prison or lock-up whence he was removed until he is dealt with according to law.

27. Where the Minister is satisfied that a prisoner is suffering from any permanent physical injury or disability and that it is necessary for the purpose of ensuring the proper care of such prisoner that he should be detained in any institution outside the prison, he may by order in writing direct that such prisoner be removed to such institution as may be named in the order and there detained for the remainder of the term to which he is liable unless sooner discharged according to law. 28.--(1) In case of the serious illness, except unsoundness of mind, or any communicable disease, of a prisoner or person detained in a prison or lock-up, there being no suitable accommodation for such prisoner or person in such prison or lock-up, the Commissioner may, on the certificate of a government medical officer or in the case of urgent necessity on the certificate of any registered medical practitioner or if such practitioner is not available the Commissioner or in his absence any senior prison officer may make an order for his removal to a public hospital.

29. Where any prisoner or person detained in a lock-up is by virtue of section 28 of this Act removed from any prison or lock-up to any public hospital, the Commissioner of prison shall take all practical steps to prevent the escape of such prisoner or person detained and while such prisoner or person detained remained i such hospital he shall be deemed to be in legal custody.

Provided that where any such prisoner or person detained would, but for the fact that he is in such hospital, be entitled to be released from the prison or lock-up, then from the date on which he would be so entitled to be released, he shall no longer be deemed to be in legal custody and no steps shall be taken to prevent his escape merely by reason of the fact that he had been a prisoner or person detained.

30. The Commissioner may order the removal of all or any prisoners confined in any prison to another prison in the State and it shall not be necessary for the purposes of such order to designate any prisoner by name, but it shall be sufficient to describe such prisoner or prisoners by reference to their sentence or by some other like general description.

31.--(1) No male prisoner shall be detained in the same part of any prison as any female prisoner.

32.--(1) Where any person apparently under the age of sixteen years has been committed to prison, the Commissioner may order such prisoner to be transferred to an Industrial School there to be kept as if he had been committed to such school by the court.

33. Any member of the PRA sentenced to a term of imprisonment under the Grenada Military Force Act 1976 shall serve his sentence at the Richmond Hill Prison and on order of imprisonment signed by the Commanding Officer of the People's Revolutionary Army shall be sufficient authority for the Commissioner to receive and detain him.

34. All prisoners may, with the approval of the Commissioner, be taken beyond the limited of a prison and put to such labour as may be prescribed by Prison Rules.

35. Every prisoner shall be subject tot he provisions of this Act and of Prison Rules, and shall also be subject to prison discipline during the whole of his imprisonment, whether he is or is not within the limits of any prison.

36. Where any prisoner commits any of the following prison offences namely--

(a) mutiny or incitement to mutiny;

(b) escape or attempt to escape;

(c) taking part in any assault or attack on any member of the prison staff or on the medical officer;

(d) aggravated or repeated assault on any other prisoner;

(e) wilful destruction of property;

(f) wilfully causing himself any illness, injury or disability;

(g) wilfully making any false or groundless accusation or complaint against any member of the prison staff, the medical officer or any other prisoner;

(h) persistent repetition of any minor prison offence;

(i) any act of misconduct or insubordination;

(j) abetting the commission of any major prison offence;

(k) malingering or feigning illness;

(l) disobeying any order of the Commissioner or any other officer, or any Prison Rules or Standing Orders;

(m) acting in any way prejudicial to good order and discipline,

than on such prisoner being found guilty thereof on any enquiry by the Superintendent or any officer authorised by him the officer hearing the inquiry may impose any one or any combination of not more than two of the following punishments, namely ---

(i) in the case of an offence specified in paragraphs (a) (c) or (d), corporal punishment not exceeding twelve strokes;

Provided that no such corporal punishment shall be imposed with the approval of the Minister,

(ii) reduction of diet to No. 1 punishment diet for any period not exceeding fourteen consecutive days;

(iii) reduction of diet to No. 2 punishment diet for any period not exceeding 21 consecutive days;

(iv) suspension or postponement of any or all privileges for an period not exceeding ninety days;

(ii) forfeiture of remission for any period not exceeding ninety days and in the case of an offence specified in paragraph (b), the forfeiture of all remissions earned up to the date of such offences.;

37. No prisoner shall be punished until he has had an opportunity of hearing the charge against him and making his defence.

38. Where any punishment is imposed upon any prisoner then the Commissioner shall cause to be entered in a register to be kept for such purpose, a record of the punishment showing in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.

39. Any prisoner may, within forty-eight hours of the imposition of any punishment under section 35 of this Act appeal in writing to the Commissioner who may allow the appeal, or reduce, confirm or increase such punishment as he may see fit.

40. Any punishment lawfully imposed on a prisoner under this Act or any Prison Rules may be carried into effect, notwithstanding that the carrying into effect thereof may necessitate the detention of a prisoner beyond that date at which he would otherwise be entitled to be discharged from prison;

Provided that the period of such detention shall not exceed seven days, such period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.

41. Every prisoner under sentence of death shall be confined apart from other prisoners in a special cell and shall be under constant supervision day and night.

42. Except with the written permission of the Commissioner no person other than a member of the prison staff, the medical officer and a minister of the religious denomination to which the prisoner belongs shall have access to any prisoner under sentence of death.

43.--(1) For the purpose of enabling Prison Officers to consider and bring to the notice of the Commissioner of Prisons and the minister all matters affecting their general welfare and efficiency, other than questions of discipline, or any other matter affecting individuals, there shall be established in accordance with rules to be made by the Minister an organisation to be called the Prison Officers Welfare Association (in this section referred to as "the Association") which shall act through Boards and a Central Committee as provided in the rules.

44.--(1) Subject to the provisions of the preceding section, it shall not be lawful for any Prison Officer to be, or become, a member of any trade union or of any association which has for its object, or one of its objects, to control or influence the pay, pension or conditions of service of any Prison Officer; or to promote feelings of illwill and hostility between different classes or races.

(a) his address within one week of such release;

(b) any change in his address which may have taken place during such period, in no case exceeding five years after such release, or may be specified in the order within one week of such change.

46. It shall be the duty of the coroner having jurisdiction in the place where any prison is situated to hold an inquest upon the body of any prisoner on whom sentence of death is executed or who may die in such prison.

47. Nothing in this Act or in Prison Rules shall be construed to exempt any prisoner from being proceeded against in the ordinary court of law for any offence but no prisoner shall be punished twice for the same offence:

Provided that nothing in this section shall be construed as derogating from the powers contained in section 36 of this Act in relation to the infliction of all or any of the punishments therein set out.

48. Where any prisoner under sentence of imprisonment escapes, then the currency of the sentence which he is then undergoing shall be suspended from the day on which he escapes to the day on which he is recaptured so that he shall not be deemed to have served any part of his sentence during the period between the day on which he escaped and the day on which he was recaptured.

49. Any prisoner who escapes or attempts to escape from lawful custody shall be guilty of an offence against this Act and liable on summary conviction to imprisonment for a term not exceeding twelve months, and all remission earned by such prisoner up tot he date of such offence, shall be forfeited.

50.--(1) Any person who, without lawful authority:-

(a) brings, throws, conveys or causes to be conveyed or supplied to any prisoner or introduces by any means into any prison, or hides or places for any prisoner or prisoners any prohibited article; or

(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 against this Act, and liable on summary conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both.

51. Any person, who without leave or lawful excuse, interrupts or speaks to or in any way communicates with any prisoner while at work without the walls of the prison or while going to or returning from that work, shall be liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months.

52. Any person who assaults, obstructs, or resists or aids or incites any other person to assault, obstruct or resist any Prison Officer in the execution of his duty, shall be liable on summary conviction to a penalty not exceeding five hundred dollars or to imprisonment for a term not exceeding twelve months, and if the offender is a convicted prisoner, he shall be liable upon conviction on indictment to imprisonment for a term not exceeding two years.

53. The Minister may make rules generally for the good management and governing of prisons and prisoners and for carrying out the objects of this Act and without prejudice to the generality of such powers may make rules in relation to--

(a) the condition of service and powers, conduct, duties and discipline of prison officers;

(b) the employment, classification, safe custody separation, treatment and discipline of prisoners;

(c) the medical examination, measuring, photographing, taking of finger prints and other records of prisoners;

(d) the remission of sentences to be allowed to prisoners and the manner and conditions under which such remissions are to be granted;

(e) the rehabilitation of discharged prisoners including the supply of money, food or clothing or the means of travelling to the town nearest his place of abode;

(f) the administration of the Prison Officers' Reward Fund;

(g) the conditions under which, and the manner in which, the sentence of death shall be executed;

(h) the conditions under which, and the manner in which, corporal punishment shall be administered;

(i) the means and methods of restraining refractory prisoners.

54.--(1) The Prisons Ordinance 1965 is repealed.

Dated this 29th day of February, 1980.

MAURICE BISHOP

Prime Minister