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LAWS OF FIJI

RETURN TO LAWS

BACK

CHAPTER 86
PRISONS
_______

TABLE OF PROVISIONS

PART I—PRELIMINARY

SECTION
1. Short title
2. Interpretation

PART II—ESTABLISHMENT OF PRISONS
3. Establishment of prisons
4. Temporary prisons

PART III—CONSTITUTION AND ADMINISTRATION
5. Constitution of the Fiji Prisons Service
6. Application of Act to existing prison officers
7. Officers of the Prisons Service
8. General powers of Controller
9. Deputy Controller may exercise powers of Controller
10 Appointment of supervisors of prisons

PART IV—APPOINTMENT, SERVICE AND DISCHARGE
11. Appointment of officers
12. Subordinate officers
13. Resignation of officers
14. Prolongation of service in case of war, etc.
15. Discharge
16. Equipment to be delivered up on ceasing to be an officer of the Prisons
Service

PART V—POWERS AND DUTIES OF OFFICERS OF THE PRISONS
SERVICE
17. Controller to inspect all prisons
18. Powers and duties of officers
19. Officers always liable for duty
20. Officers not to engage in private employment or to receive gratuities
21. Use of arms against any prisoner in case of escape or outbreak
22. Officers may be deemed police officers in certain cases
23. Entry of cells at night
24. Power to take photographs and fingerprints, etc.
25. Non-liability for act done under authority of a warrant

PART VI—DISCIPLINE OF OFFICERS OF THE PRISONS SERVICE
26. Suspension or interdiction of senior officers
27 Interdiction of junior officers and subordinate officers
28 Offences by officers of the Prisons Service
29 Offences against discipline
30 Trial of offences against discipline
31 Review by Controller
32 Special proceedings in certain cases
33 Powers of tribunals
34 Controller may suspend punishment
35 Procedure in cases of grave or repeated offences
36 Dismissal and reduction in rank on account of convictions
37 Fines to be recovered by stoppage of pay
38 Loss or damage to arms and equipment to be made good by stoppage of
pay
39. Pay not to accrue during absence without leave or imprisonment
40. Establishment of the Prisons Service Welfare Fund
41. Officers of the Prisons Service not to join certain associations
PART VII—MEDICAL OFFICERS
42. Appointment and general duties of Medical Officers
43. Medical examination of prisoners

PART VIII—VISITING JUSTICES AND VISITING COMMITTEES
VISITING JUSTICES
44. Appointment of visiting justices
45. Powers of visiting justice
46. Visiting justice may summon witnesses

OFFICIAL VISITORS
47 Appointment of official visitors as visiting committees, and powers of official visitors

PART IX—ADMISSION AND CONFINEMENT OF PRISONERS
48. Admission of prisoners
49. Prisoner to be informed of right of appeal
50. Female prisoners

PART X—CUSTODY AND REMOVAL OF PRISONERS
51. Restraints
52. Prisoners deemed to be in lawful custody
53. Prisoner to be brought before a court of justice
54. Controller may direct prisoners to be moved to other prison
55. Removal of prisoners when in danger of disease
56. Removal of prisoners when suffering from mental disorders
57. Removal of sick prisoners to hospital
58. Prisoners in hospital deemed to be in lawful custody
59. Officers to take precautions to prevent escape
60. Power to return prisoners to prison

PART XI—EXTRAMURAL PUNISHMENT
61. Nature of extramural punishment

PART XII—LABOUR OF PRISONERS
62. Prisoners may be given labour within or outside prison

PART XIII—REMISSION OF SENTENCES
63. Prisoners may earn remission and forfeited remission may be restored
64. Controller to report to Minister

PART XIV—COMPULSORY SUPERVISION ORDERS
65. Compulsory supervision orders
66. Revocation or cancellation of order
67. Effect of cancellation or revocation
68. Duplicate orders
69. Licences granted prior to 21st April 1969

PART XV—MAINTENANCE
70. Maintenance of certain prisoners from private sources

PART XVI—PROHIBITED ARTICLES
71. Examination of articles taken in or out of prison
72. Prohibited articles and communications with prisoners
73. Power of officer of Prisons Service to arrest
74. Publication of penalties
75. Trespassing
76. Unlawful possession of prison articles

PART XVII—INCITING AND HARBOURING
77. Incitement and abetting of desertion
78. Incitement of mutiny or sedition
79. Harbouring or employing, or assisting a prisoner

PART XVIII—PRISONERS UNDER SENTENCE OF DEATH
80. Supervision of prisoners under sentence of death

PART XIX—DEATH OF PRISONERS
81. Death to be reported to medical officer and visiting justice

PART XX—DISCIPLINE OF PRISONERS
82. Prison offences
83. Trial of prison offences
84. Punishment of prisoners for certain offences
85. Extramural offences
86. Review by Controller

PART XXI—DISCHARGE OF PRISONERS
87. Officer in charge responsible for discharge of prisoners

PART XXII—MISCELLANEOUS
88. Regulations
_______


Ordinances Nos. 21 of 1964, 34 of 1965, 20 of 1968,
Orders* 10th July 1970, 7th October 1970,
Acts Nos. 19 of 1974, 14 of 1975, 25 of 1980

AN ACT TO MAKE PROVISION FOR THE BETTER REGULATION OF
PRISONS AND PERSONS EMPLOYED THEREIN
[1 January 1966]

PART I—PRELIMINARY

Short title
1. This Act may be cited as the Prisons Act.

Interpretation
2. In this Act, unless the context otherwise requires:—
  1. "civil prisoner" means any prisoner other than a criminal prisoner;
  2. "Controller" means the Controller of Prisons and includes the Deputy Controller of Prisons;
  3. "convicted" means convicted by any court exercising criminal jurisdiction;
  4. "criminal prisoner" means any prisoner duly committed to custody under a writ, warrant or order of any court exercising criminal jurisdiction;
  5. "junior officer" means any officer of the Prisons Service, other than a subordinate officer, whose appointment has not been gazetted;
  6. "medical officer" means the person appointed under the provisions of section 44 to be the medical officer for any prison;
  7. "officer in charge" means the officer of the Prisons Service appointed by the Controller to be in charge of a prison; (Substituted by Ordinance 20 of 1968, s. 2.)
  8. "official visitor" means and includes any person so appointed pursuant to the provisions of this Act;
  9. "other persons employed in the prisons" includes executive officers, clerks, storekeepers and other persons not included in the other definitions contained in this section, whether pensionable or not pensionable, and other persons who, from time to time, may be employed in the prisons as such;
  10. "police officer" means a member of the Royal Fiji Police Force;
  11. "prisoner" means and includes any person, whether convicted or not, under detention in any prison, or being taken to or from any prison in which he may be lawfully detained;
  12. "progressive stage system" means such system as may be prescribed for the award by stages of privileges to prisoners; (Inserted by Ordinance 20 of
  13. s. 2.)
  14. "prohibited article" means any article the introduction or removal of which into or from a prison is prohibited by the provisions of this Act;
  15. "senior officer" means and includes any officer of the Prisons Service whose appointment is gazetted;
  16. "sentence" means any continuous period of imprisonment imposed on a convicted criminal prisoner, whether as a result of one or more orders of any court or courts;
* See Legal Notices Nos. 71 and 112 of 1970.
  1. subordinate officer" means and includes any officer of the Prisons Service, whether male or female, whom the Minister may from time to time declare to be a subordinate officer; (Amended by Order 7th October 1970*.)
  2. "superior" or "superior officer" when used in relation to any act done or thing suffered by an officer of the Prisons Service, means an officer of the Prisons Service senior in rank to the officer of the Prisons Service doing the act or suffering the thing;
  3. "supervisor" means an officer of the Prisons Service appointed by the Controller to be the supervisor of any or all prisons in any Division or Divisions; (Substituted by Ordinance 34 of 1965, s. 2 and amended by Ordinance 20 of 1968, s. 2.)
  4. Prisons Service" means the Fiji Prisons Service established under the provisions of this Act;
  5. "tribunal" means a person empowered under any of the provisions of this Act to try offences;
  6. "unsound mind" and "unsoundness of mind" includes mental disorders and sickness of the mind of any kind whether of a temporary or a permanent nature; (Inserted by Act 19 of 1974, s. 2.)
  7. "visiting committee" means a visiting committee appointed under the provisions of this Act;
  8. "visiting justice" means a visiting justice appointed under the provisions of this Act.

PART II—ESTABLISHMENT OF PRISONS

Establishment of prisons
3.—(1) The Minister may, by notice in the Gazette, declare any place or building or portion of a building in Fiji, to be a prison under the provisions of this Act, and may, in a like manner, declare that any such prison shall cease to be prison. (Amended by Order 7th October 1970*.)
(2) The places and buildings which at the commencement of this Act are in use as prisons shall be deemed to be prisons within the meaning of this Act.

Temporary prisons
4. Whenever it appears to the Controller that the number of prisoners in any prison is greater than can be conveniently kept therein, and that it is not convenient to transfer the excess number to some other prison, or by reason of the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and the safe custody of any prisoners, provision shall be made as the Controller, with the approval of the Minister, may direct for the shelter and safe custody in temporary prisons of such number of prisoners as the Controller may determine and every such temporary prison shall be deemed to be a prison for the purposes of this Act.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.

PART III—CONSTITUTION AND ADMINISTRATION

Constitution of the Fiji Prisons Service
5. There is hereby established in Fiji a Prisons Service to be known as the Fiji Prisons Service.

Application of Act to existing prison officers
6. The provisions of this Act shall extend to all persons who, at the commencement of this Act are serving as officers of the Prisons Department under the provisions of the *Prisons Ordinance, as if such persons had been appointed under the provisions of this Act, and service under such Act shall, for the purposes of this Act, be deemed to be service under the provisions of this Act.
(Cap. 60, 1955 Edition)

Officers of the Prisons Service
7. The officers of the Prisons Service shall consist of such ranks as may be prescribed by the Minister by notice in the Gazette.
(Amended by Order 7th October 19701.)

General powers of controller
8.—(1) The Controller shall, subject to the orders and directions of the Minister have the administrative command and direction of all prisons and officers of the Prisons Service, other than any power to appoint persons to hold or act in any office in the Service or to exercise disciplinary control over persons holding or acting in such offices or to remove such persons from office unless delegated to him by the Public Service Commission. (Substituted by Order 10th July 1970++ and amended by Order 7th October 1970+.)
(2) The Controller may, subject to the provisions of this Act, from time to time make orders for observance by all officers of the Prisons Service.
(Amended by Act 14 of 1975, s. 18.)
(3) The Controller shall have the control of all prisoners and may allocate them to such prison or prisons as he sees fit.

Deputy Controller may exercise powers of Controller
9. Any act or thing which may be done or performed by the Controller may, subject to any orders or directions of the Controller, be done or performed by the Deputy Controller.

Appointment of supervisors of prisons
10.—(1) The Controller may appoint such officer or officers of the Prisons Service as he thinks fit to be the supervisor of any or all prisons in any Division or Divisions.
(2) Every officer of the Prisons Service appointed under the provisions of subsection (1) shall, subject to the directions and orders of the Controller, have the supervision and control of such prison or prisons and be responsible to the Controller for the conduct and treatment of all officers of the Prisons Service and prisoners in or attached to such prison or prisons and for the due observance by all such officers and prisoners of the provisions of this Act.
* Repealed by this Act.
+ See Legal Notice No. 112 of 1970.
++ See Legal Notice No. 71 of 1970.
(3) The Controller may exercise all or any of the powers conferred by this Act on any supervisor and may perform all or any of the duties prescribed for him.
(Amended by Ordinance 34 of 1965, s. 3 and 20 of 1968, s. 3.)

PART IV—APPOINTMENT, SERVICE AND DISCHARGE

Appointment of officers
11.—(1) Senior officers shall be appointed by the Public Service Commission.
(Substituted by Order 10th July 1970*.)
(2) All officers of the Prisons Service, other than senior officers, may, subject to the provisions of any delegation made by the Public Service Commission, be appointed by the Controller. (Substituted by Order 10th July 1970 and amended by Act 19 of 1974, s. 3.)
(3) Every officer of the Prisons Service shall, on joining the Prisons Service, make before the Controller or a senior officer, a declaration on oath or affirmation in the form prescribed.
(4) When in any prison the number of subordinate officers employed is insufficient to secure the good management and government thereof, it shall be lawful for the Controller to employ temporarily such number of persons as he may consider necessary to perform the duties of subordinate officers in such prison. Every such person, whilst so employed, shall have all the powers and perform all the duties of a subordinate officer in such prison, and for the purposes of the provisions of this Act shall be deemed to be a subordinate officer.
(5) Where any female prisoner is confined in any prison to which a female subordinate officer has not been appointed, or in which the number of female subordinate officers is insufficient, the officer in charge may, subject to the approval of the Controller, employ temporarily such female person or persons as he deems fit to carry out the duties of a female subordinate officer at that prison in respect of that female prisoner for such time as may be required and for the purposes of the provisions of this Act any such person or persons so appointed shall be deemed to be a subordinate officer.

Subordinate officers
12. Every subordinate officer, other than a person temporarily employed in any prison pursuant to the provisions of subsections (4) or (5) of section 11, shall be enlisted to serve in the Prisons Service for such period of years as may be fixed by the Minister and this period of service shall, in all cases, be reckoned from the day on which such officer was enrolled. (Amended by Order 7th October 1970+.)

Resignation of officers
13. No officer of the Prisons Service appointed by the Controller shall be at liberty to resign or withdraw from the Prisons Service without the consent in writing of the Controller.

Prolongation of service in case of war, etc.
14. Any officer of the Prisons Service whose period of service expires during a state of war, insurrection or hostilities may be retained and his service prolonged
* See Legal Notice No. 71 of 1970.
+See Legal Notice No. 112 of 1970.
for such period, not exceeding six months after the. cessation of such state of war, insurrection or hostilities, as the Public Service Commission may direct.
(Amended by Order 10th July, 1970.*)

Discharge
15.—(1) Subject to subsection (3) any officer of the Prisons Service other than a senior officer may be discharged by the Controller at any time—
  1. if he is pronounced by a Government medical officer to be mentally or physically unfit for further service;
  2. on reduction of establishment;
  3. if the Controller considers that he is unlikely to become, or has ceased to be, an efficient officer.
(Amended by Ordinance 20 of 1968 s. 4, Order 10th July 1970* and Act 19 of 1974, s. 4)
(2) Every officer of the Prisons Service discharged under the provisions of subsection (1) shall be given one month's notice of intention to discharge him from the Prisons Service or at the option of the Controller one month's pay in lieu of such notice.
(3) Where it is considered that any such officer should be so discharged, he
shall be so informed and told that—
  1. any representations made in writing by him within fourteen days, will be forwarded to the Secretary of the Public Service Commission, accompanied by all relevant papers and records for a decision to be made by the Commission; and that
  2. if he makes no representations within fourteen days, he shall be discharged in the manner prescribed by this section.
(Inserted by Order 10th July 1970*.)

Equipment to be delivered up on ceasing to be an officer of the Prisons Service
16. Any officer of the Prisons Service who, having ceased to be an officer of such Service, does not forthwith after he shall have ceased to be an officer of such Service, deliver up to the person appointed by the Controller for that purpose, all arms, ammunition, equipment, clothing and appointments whatsoever which have been supplied to him and are the property of the Government, shall be guilty of an offence and liable to a fine not exceeding $40 or to imprisonment for a period not exceeding three months or to both such fine and imprisonment:
Provided that, at the discretion of the Controller, any such officer may, instead of delivering up any of such articles, make payment therefor in such amount as may be determined by the Controller.
PART V—POWERS AND DUTIES OF OFFICERS OF THE
PRISONS SERVICE

Controller to inspect all prisons
17. The Controller shall visit and inspect, or cause to be inspected, all prisons in Fiji, at such times as he may deem necessary.

Powers and duties of officers
18. Every officer of the Prisons Service shall exercise such powers and
* See Legal Notice No. 71 of 1970.
perform such duties as may be prescribed, and shall obey all lawful directions in respect of the execution of his office which he may from time to time receive from his superiors in the Prisons Service.

Officers always liable for duty
19. Every officer of the Prisons Service shall be deemed to be on duty at all times and may at any time be detailed for duty in any part of Fiji.

Officers not to engage in private employment or to receive gratuities
20. No officer of the Prisons Service shall—
  1. without the consent of the Public Service Commission, engage in any employment or office whatsoever other than in accordance with his duties under this Act, or have any interest, direct or indirect, in any contract for the supply of any article to any prisoner or for the use of any prisoner or for use in any prison;
(Amended by Ordinance 34 of 1965, s. 4 and Order 10th July 1970*.)
  • receive any fee or gratuity from any prisoner, visitor to any prison, person whom he knows to be an ex-prisoner, or any friend of any prisoner; or
  • have any business dealings with any prisoner.

    Use of arms against any prisoner in case of escape or outbreak
    21.—(1) Any officer of the Prisons Service may use arms against any prisoner who is—
      1. escaping or attempting to escape:
      2. Provided that resort shall not be had to the use of arms unless such officer has reasonable cause to believe that he could not otherwise prevent the escape;
      3. engaged in any combined outbreak or in any attempt to force or break open any door, gate, enclosure, wall or fence of a prison, and such officer may continue to use such arms so long as such outbreak or attempt is being actually prosecuted:
      4. Provided that resort shall not be had to the use of arms unless such officer has reasonable cause to believe that he could not otherwise prevent such outbreak or attempt.
    (2) Any officer of the Prisons Service may use arms against any prisoner who is using violence to any other officer of the Prison Service, or other person:
    Provided that such officer has reasonable grounds to believe that such other officer or other person is in danger of grievous bodily harm.
    (3) Before using arms against a prisoner under the authority contained in paragraph (a) of subsection (1) or in subsection (2), an officer of the Prisons Service shall warn such prisoner that he is about to fire on him.
    (4) No officer of the Prisons Service shall, in the presence of any superior officer, use arms of any sort against a prisoner under the authority of subsection (1), except under the express orders of such superior officer.
    (5) The use of arms under the provisions of this section shall be, as far as possible, to disable and not to kill.

    Officers may be deemed police officers in certain cases
    22.—(1) For the purpose of conveying any prisoner to or from a prison, or in the performance of apprehending any person who may have escaped while being
    * See Legal Notice No. 71 of 1970.
    conveyed to or from a prison, every officer of the Prisons Service, while engaged in any such duty, shall have all the powers, protections and privileges of a police officer.
    (2) Every senior officer shall have all of the powers, protections and privileges conferred upon a police officer under the provisions of the Penal Code to make a proclamation commanding rioters, or persons riotously assembled within or in the vicinity of any prison, to disperse, and, for the purposes of dispersing and apprehending such persons, every officer of the Prisons Service shall have all of the powers, protections and privileges of a police officer, and for such purposes shall be deemed to be a police officer.
    (Cap. 17.)

    Entry of cells at night.
    23. Except in the case of sickness or emergency, no officer of the Prisons Service shall enter a prisoner's cell at night, unless accompanied by another officer of the Prisons Service.

    Power to take photographs and fingerprints, etc.
    24.—(1) The officer in charge may cause photographs, descriptions, measurements, fingerprints, palmprints and footprints of any criminal prisoner to be taken by any officer of the Prisons Service whom he may designate for such purpose, and recorded in such manner as may be prescribed.
    (2) The provisions of section 18 of the Police Act shall, so far as they are applicable, apply to the taking of photographs, descriptions, measurements, fingerprints, palmprints and footprints under the provisions of this section, and the officer required to take them shall, for such purpose, be deemed to be a police officer.
    (Cap. 85.)
    (3) Except in accordance with the provisions of subsections (1) and (2) it shall be an offence for any person to photograph or to cause to be photographed any prisoner without the prior approval in writing of the Controller and any person shall on conviction for such an offence be liable to a fine not exceeding $200.
    (Inserted by Act 19 of 1974, s. 5.)

    Non-liability for act done under authority of a warrant
    25.—(1) Where the defence to any suit instituted against an officer of the Prisons Service is that the act complained of was done in obedience to a warrant purporting to be issued by a judge, magistrate or justice of the peace, the court shall, upon production of the warrant containing the signature of the judge, magistrate or justice of the peace, and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of such officer of the Prisons Service.
    (2) No proof of the signature of such judge, magistrate or justice of the peace shall be required unless the court has reason to doubt the genuineness thereof, and where such signature is proved not to be genuine, judgment shall nevertheless be given in favour of such officer if it be proved that, at the time when the act complained of was committed, he believed, on reasonable grounds, that such signature was genuine.

    PART VI—DISCIPLINE OF OFFICERS OF THE PRISONS SERVICE

    Suspension     or interdiction of senior officers
    26. A senior officer suspended or interdicted shall not, by reason of such suspension or interdiction, cease to be a member of the Prisons Service:
    Provided that the powers, privileges and benefits vested in him as an officer of the Prisons Service shall be in abeyance during the period of such suspension or interdiction, but he shall remain subject to the same responsibilities, discipline and penalties, and to the same authority as if he had not been suspended or interdicted.
    (Amended by Ordinance 34 of 1965, s. 6. and Order 10th July 1970*.)

    Interdiction of junior officers and subordinate officers
    27.—(1) The Controller may interdict from duty any junior officer or subordinate officer pending the trial of any offence, whether under the provisions of this Act or before a court, and pending the determination of any appeal.
    (2) An officer interdicted from duty under the provisions of this section shall not, by reason of such interdiction, cease to be a member of the Prisons Service:
    Provided that the powers, privileges and benefits vested in him as a member of the Prisons Service shall, during his interdiction, be in abeyance, but he shall remain subject to the same responsibilities, discipline and penalties and to the same authority as if he had not been interdicted.
    (Amended by Ordinance 34 of 1965, s. 7.)
    (3) An officer interdicted from duty under the provisions of this section shall not, save as is hereinafter provided, be entitled to receive any pay in respect of the period of such interdiction:
    Provided that—
    1. he shall be allowed to receive such portion of his pay not being less than three-quarters, as the Controller may think fit;
    2. if the proceedings against any such officer do not result in the dismissal of the officer, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted.

    Offences by officers of the Prisons Service
    28.—(1) Any officer of the Prisons Service who—
    1. begins, excites, causes or joins any mutiny or sedition within the Prisons Service or in any prison, or does not use his utmost endeavours to suppress any such mutiny or sedition, or conspires with any other person to cause any such mutiny or sedition, or being cognisant of any mutiny or sedition or intended mutiny or sedition, does not without delay give information thereof to his superior officer;
    2. deserts;
    3. persuades, procures or assists any other officer of the Prisons Service to desert;
    4. knowing that any officer of the Prisons Service has deserted or intends to desert does not without delay give information thereof to his superiors; or
    * See Legal Notice No. 71 of 1970.
    1. strikes or offers violence to his superior officer being in the execution of his duty,
    shall be guilty of an offence and shall be liable to imprisonment for five years.
    (2) No officer of the Prisons Service shall be found guilty of desertion unless the court is satisfied that there was intention on the part of that officer not to return to the Prisons Service.
    (3) Any officer of the Prisons Service who has reasonable grounds for believing that any person is a deserter from the Prisons Service may apprehend him without warrant and deliver him into the custody of a police officer.

    Offences against discipline
    29. Any officer of the Prisons Service, other than a senior officer, who commits any offence against discipline as may be prescribed under the provisions of this Act shall be liable to suffer punishment in accordance with the provisions of this Act:
    Provided that—
    1. nothing in this connection shall be construed to exempt any such officer from being proceeded against for any offence by any other process of law;
    2. save as is expressly provided under the provisions of this Act, no such officer shall be punished twice for the same offence.

    Trial of offences against discipline
    30.—(1) For the purpose of the trial of offences against discipline under the provisions of this Act, there shall be the following tribunals who shall be subject to the provisions of section 32:—
    A. The Controller, who shall have power to impose any of the following punishments or any combination thereof:—
    (a) in the case of a junior officer—
    (i) admonishment;
    (ii) reprimand;
    (iii) severe reprimand;
    (iv) fine not exceeding seven days' pay;
    (v) reduction in rank;
    (vi) dismissal;
    (b) in the case of a subordinate officer—
      1. admonishment;
      2. reprimand;
      3. severe reprimand;
      4. confinement to the precincts of the prison, either with or without extra duties, for any period not exceeding fourteen days;
      5. fine not exceeding seven days' pay;
      6. reduction in rank or grade;
      7. dismissal.
    (Amended by Ordinance 34 of 1965, s. 8 and 20 of 1968, s. 5.)
    B. A supervisor or senior officer, who shall have power to impose any of the
    following punishments or any combination thereof:—
    (a) in the case of a junior officer—
        1. (i)admonishment;
        2. reprimand;
        3. severe reprimand;
        4. fine not exceeding five days' pay;
    1. in the case of a subordinate officer—
        1. admonishment;
          1. (ii)reprimand;
          2. severe reprimand;
        2. confinement to the precincts of the prison, either with or without extra duty, for any period not exceeding seven days;
        3. fine not exceeding five days' pay.
    (Amended by Ordinance 20 of 1968 s. 5 and Order 10th July 1970*.)
    (2) No officer of the Prisons Service shall be convicted of an offence against discipline unless the charge has been read and investigated in his presence and he has been given sufficient opportunity to make his defence thereto.

    Review by Controller
    31.—(1) The Controller shall have power to review all proceedings heard by any supervisor or senior officer under the provisions of this Part.
    (2) Upon such review, the Controller, if he thinks that such proceedings ought to be revised, shall have power—
    1. to quash the finding;
    2. to alter the finding and find the accused guilty of another offence;
    3. with or without altering the finding—
    4. to reduce or increase the punishment;
    5. with or without such reduction or increase, to alter the nature of the punishment;
    6. to remit the proceedings to the supervisor or senior officer who heard them or to another supervisor or senior officer for rehearing:
    7. Provided that the Controller shall not increase any
    punishment without giving the accused an opportunity of being heard.
    (3) The Controller shall not exercise his powers under this section in any case where an appeal has been lodged and the exercise of such powers shall in all cases be subject to the provisions or conditions of any delegation made to the Controller by the Public Service Commission.
    (Substituted by Act 19 of 1974 s. 6.)

    Special proceedings in certain cases
    32. Where it is considered that a junior or subordinate officer should be removed from office or reduced in rank or grade, he shall be so informed at the conclusion of the hearing by the tribunal and told that—
    1. any representations made in writing by him within fourteen days, will be forwarded to the Secretary of the Public Service Commission, accompanied by all relevant papers and records for a decision to be made by the Commission; and that
    2. if he makes no representations within fourteen days, he shall be removed from office or reduced in rank or grade, as the case may be, accordingly.
    (Substituted by Order 10th July, 1970*.)
    * See Legal Notice No. 71 of 1970.

    Powers of tribunals
    33.—(1) Every tribunal shall have power to summon and examine witnesses on oath or affirmation and to require the production of all relevant documents and to adjourn any hearing from time to time.
    (Substituted by Order 10th July 1970*.)
    (2) Any person summoned as a witness under subsection (1) who fails to attend at the time and place mentioned in the summons, or on any adjournment, or refuses to answer any question that is lawfully put to him, shall be guilty of an offence and shall be liable on conviction before a magistrate to a fine not exceeding $10 or to imprisonment for one month:
    Provided that no such witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.

    Controller may suspend punishment
    34.—(1) Subject to the provisions of this section, any punishment awarded under section 30 may be suspended by the Controller for such period not exceeding six months, as he may determine.
    (2) Where any punishment has been suspended under the provisions of this section, the Controller shall, at the expiration of the period of suspension, review the case, taking into consideration such reports on the conduct of the offender during the period of suspension as shall be available and may thereupon order the punishment to be remitted or reduced, in which case he shall cause any entry relating to the offence which has been made in the records of the offender to be expunged or altered, as the case may be, or he may order the punishment to be forthwith carried into execution:
    Provided that—
    1. if, during a period of suspension, the offender is convicted of a further offence against discipline, the suspended punishment shall forthwith be carried into execution, and if punishment of confinement to the precincts of any prison has been awarded in respect of both offences, such punishment shall run consecutively;
    2. if, during the period of suspension the offender is convicted of a further offence as aforesaid, the second punishment shall not be suspended.
    (3) The provisions of this section shall not affect the lodging and hearing of an appeal.

    Procedure in cases of grave or repeated offences
    35. In any case where it appears to the supervisor or senior officer who is inquiring into an alleged offence against discipline, that the offence alleged to have been committed would not, by reason of its gravity, or by reason of previous offences, or for any other reason, be adequately punished by any of the punishments that he is empowered to impose by section 30 such supervisor or senior officer shall, without recording any finding, stay the proceedings and transmit the proceedings to the Controller. The Controller may hear and determine the case himself or direct that it be dealt with by the supervisor or senior officer who transmitted it, or by any other supervisor or senior officer.
    (Amended by Ordinance 20 of 1968, s. 7.)
    * See Legal Notice No. 71 of 1970.

    Dismissal and reduction in rank on account of convictions
    36. Subject to and in accordance with the provisions of section 32, the Controller may reduce in rank or grade or may dismiss from the Prisons Service, any officer other than a senior officer who has been convicted by any court in respect of any offence, unless such officer has successfully appealed from such conviction. (Substituted by Order 10th July 1970*.)

    Fines to be recovered by stoppage of pay
    37.—(1) All fines imposed on an officer of the Prisons Service in respect of offences under the provisions of this Act may be recovered by stoppage of the officer's pay due at the time of committing such offence and thereafter accruing due.
    (2) The amount of stoppage in respect of any fine, or for any other cause authorised by the provisions of this Act, shall be in the discretion of the Controller, but shall in no case exceed one-half of the offender's monthly pay; and whenever more than one order of stoppage is in force against the same person, so much only of his pay shall be stopped as shall leave him a residue of at least one-half of his monthly pay.
    (3) When more than one order of stoppage is made against the same person, the orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders have been discharged.

    Loss or damage to arms and equipment to be made good by stoppage of pay
    38. If any officer of the Prisons Service, other than a senior officer, pawns, sells, loses by neglect, makes away with or wilfully or by neglect damages any arms, ammunition, equipment, clothing or other appointments supplied to him, or any other public property committed to his charge he may, in addition to or in lieu of any other punishment, be ordered to make good the amount of such loss or damage, and such amount may be recovered by stoppage from his pay.

    Pay not to accrue during absence without leave or imprisonment
    39. No pay shall accrue to any officer of the Prisons Service, other than a senior officer, in respect of any period exceeding twenty-four hours during which he is absent from duty without leave, or is undergoing any sentence of imprisonment:
    Provided that in any case the Controller may, in his discretion, authorise the payment of such proportion of pay, not being more than one-half, as he may think fit.

    Establishment of the Prisons Service Welfare Fund
    40.—(1) All fines imposed under the provisions of this Act for any offence against discipline shall be paid to the Chief Accountant, to be placed to the credit of a fund to be called the Prisons Service Welfare Fund.
    (2) No payment shall be made from the Prisons Service Welfare Fund except upon the authority of the Controller.
    * See Legal Notice No. 71 of 1970.
    (3) The Controller may, in his discretion, sanction payments from the Prisons Service Welfare Fund for any of the following purposes:—
    1. assistance to the wives and families of deceased officers of the Prisons Service, other than senior officers, or to any such officer discharged from the Prisons Service as mentally or physically unfit for further service;
    2. payments to officers of the Prisons Service, other than senior officers, as rewards for meritorious acts or service in the execution of duty, if such payments are not made from public funds;
    3. procuring comforts, conveniences, or other advantages not chargeable to public revenue for officers of the Prisons Service who are serving, or who have retired on pension or gratuity;
    4. any other purpose which the Controller considers to be for the general welfare of officers of the Prisons Service.

    Officers of the Prisons Service not to join certain associations
    41.—(1) It shall not be lawful for an officer of the Prisons Service to become or to be, a member of a trade union or an industrial association as defined in the Trade Unions Act or the Industrial Association Act, or of any association having for its objects or one of its objects, to control or influence the pay or conditions of service of the Prisons Service.
    (Cap. 96.) (Cap. 97.)
    (2) Any officer of the Prisons Service contravening any of the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding $100.
    (3) For the purpose of enabling officers of the Prisons Service to bring to the notice of Government any matter affecting their welfare and efficiency, other than questions of discipline or promotion, the Minister may, as he thinks fit, by order, establish and provide for the regulation of one or more prison officers' associations, and nothing in the provisions of subsections (1) and (2) shall be deemed to prohibit an officer of the Prisons Service from joining and being a member of an association so established. (Amended by Ordinance 34 of 1965, s. 11and Order 7th October 1970*.)
    (4) Notwithstanding the provisions of subsections (1) and (2), it shall be lawful for an officer of the Prisons Service, until such time as there is established under subsection (3), a prison officers' association of which he may be a member, to join and be a member of any association of civil servants for the time being approved by the Minister by notice in the Gazette. (Amended by Order 7th October 1970*.)

    PART VII—MEDICAL OFFICERS

    Appointment     and general duties of Medical Officers
    42.—(1) In each prison the medical officer shall be a registered medical practitioner or medical officer in the service of the Government or any other suitably qualified person and shall be appointed by the Permanent Secretary for Health.
    * See Legal Notice No. 112 of 1970.
    (2) The medical officer shall perform such duties as may be prescribed and, subject to the control of the officer in charge, shall have the general care of the health of prisoners.
    (3) The medical officer shall report to the officer in charge any circumstances connected with the prison or the treatment of prisoners which at any time appear to him to require consideration on medical grounds.
    (4) In addition to any other visits which he may be required to make in carrying out his duties under the provisions of this Act, the medical officer shall, unless prevented by illness or other sufficient cause, visit the prison at least once every week:
    Provided that when there is no resident medical officer appointed to Suva Prison the medical officer shall visit that prison at least three times in every week.

    Medical examination of prisoners
    43.—(1) The officer in charge shall ensure that every prisoner is medically examined by the medical officer on admission and discharge, and until so examined every prisoner, on admission, shall, so far as is possible, be kept apart from other prisoners.
    (2) The medical officer shall observe the mental and physical condition of all prisoners under sentence of death or charged with a capital offence, and for this purpose shall examine all such prisoners on every day on which he visits the prison, and, subject to the directions of the Controller, shall furnish to the officer in charge, such reports on the mental and physical condition of such prisoners as he may consider necessary or advisable. (Amended by Ordinance 34 of 1965, s. 12.)
    (3) The medical officer shall ensure that every prisoner in solitary confinement shall be medically examined on every day on which he visits the prison.
    (4) The medical officer shall ensure that every prisoner in hospital shall, if possible, be medically examined daily.
    (5) The officer in charge may order any prisoner to be medically examined as often as he thinks necessary and any prisoner shall be medically examined at his own request.

    PART VIII—VISITING JUSTICES AND VISITING
    COMMITTEES

    VISITING JUSTICES

    Appointment     of visiting justices
    44. The most senior magistrate assigned to any Division shall be the visiting justice of every prison situated in the Division to which he is assigned and shall, unless prevented by illness or other sufficient cause, visit every prison in such Division at least once in every week:
    Provided that he may, with the concurrence of the Commissioner for such Division, designate any other magistrate exercising jurisdiction in such Division, or any part thereof, to perform such of the visits and other duties required by the provisions of this Act to be performed by a visiting justice as he may direct in respect of any prison or prisons situated within such Division, and the magistrate so designated shall perform all of such visits and duties, and for that purpose shall have all of the powers conferred on a visiting justice under the provisions of this Act.

    Powers of visiting justice
    45.—(1) Every visiting justice may exercise such powers and shall perform such duties as may be prescribed.
    (2) Any judge of the Supreme Court may exercise all or any of the powers conferred on a visiting justice under the provisions of this Act.

    Visiting justice may summon witnesses
    46. Every visiting justice shall, for the purposes of this Act, have power to summon witnesses and administer oaths.

    OFFICIAL VISITORS

    Appointment     of official visitors as visiting committees, and powers of official visitors
    47.—(1) The Minister may appoint for any prison in Fiji a visiting committee of not less than four persons who shall be official visitors to such prison. The Chairman of each such committee shall be such member as the Minister may direct.
    (Amended by Order 7th October 1970*.)
    (2) Every official visitor may exercise such powers and shall perform such duties as may be prescribed.

    PART IX—ADMISSION AND CONFINEMENT OF PRISONERS

    Admission     of prisoners
    48.—(1) No prisoner shall be admitted into a prison unless accompanied by a remand warrant, order of detention, warrant of conviction or of committal purporting to be signed by a person having authority to sign the same.
    (2) The officer in charge shall, before the admission of any prisoner, satisfy himself that such prisoner is the person named in the warrant or order of detention accompanying him:
    Provided that he shall not refuse to accept any prisoner merely on the ground that there is an error on the face of any such warrant or order, but shall take steps as soon as practicable, to have such error corrected.

    Prisoner to be informed of right of appeal
    49. The officer in charge of the prison to which any convicted criminal prisoner is first committed after conviction shall inform such prisoner, within twenty-four hours after his admission, of his right of appeal, if any.

    Female prisoners
    50.—(1) Female prisoners shall be confined in a separate part of any prison in such a manner as to prevent them from conversing or holding any intercourse with any male prisoner.
    (2) Female prisoners shall, in all cases, be attended by female officers of the Prisons Service, and no male officer of the Prisons Service shall enter any part of any prison allocated to female prisoners unless accompanied by a female officer of the Prisons Service.
    * See Legal Notice No. 112 of 1970.
    (3) The keys of every part of any prison allocated to female prisoners shall be under the control of a female officer of the Prisons Service.
    (4) Subject to such conditions as may be prescribed, any infant child of a female prisoner may be received into prison with its mother and may be supplied with clothing and necessaries at public expense:
    Provided that the supervisor or senior officer, on being satisfied that there are relatives or friends able and willing to support it, may cause such child to be handed over to such relatives or friends. (Amended by Ordinance 20 of 1968, s. 8.)

    PART X—CUSTODY AND REMOVAL OF PRISONERS

    Restraints
    51.—(1) Mechanical restraints shall not be used as a punishment and shall not be used for any other purpose except—
    1. to prevent a prisoner from injuring himself or others, or damaging property, or creating disturbance:
    2. Provided that no prisoner shall be placed under any mechanical restraint for any of the reasons specified in this paragraph except with the concurrence of the medical officer;
    3. to ensure the safe custody of prisoners during removal, when handcuffs may be used;
    4. under the instructions of the medical officer.
    (2) No mechanical means of restraint shall be used except of such pattern and under such conditions as may be prescribed.
    (3) No prisoner shall be kept under mechanical restraint for longer than is necessary, and shall not be kept under such restraint for a longer period than twenty-four hours unless upon the written order of the visiting justice, the Controller or the medical officer. Such order shall specify the cause thereof and the time, during which such prisoner is to be kept under restraint, and shall be preserved by the officer in charge as his warrant.

    Prisoners deemed to be in lawful custody
    52.—(1) Every prisoner confined in any prison shall be deemed to be in the lawful custody of the officer in charge thereof, and shall be deemed to remain in lawful custody and to be subject to prison discipline and regulations during the whole period of his confinement, whether he is or is not, within the precincts of any prison.
    (2) Any police officer, or other officer acting under the order of any judge, magistrate or other person having power to commit a person to prison, may convey a prisoner to or from any prison in which he may be legally confined, or from which he may be legally removed and for that purpose may, pending the availability of transport or for other good reason, detain such prisoner in such suitable place as he may consider appropriate in the circumstances. (Amended by Ordinance 20 of 1968, s. 9.)
    (3) Every prisoner shall be deemed to be in lawful custody whilst being conveyed to or from prison or detained under the provisions of subsection (2).
    (Inserted by Ordinance 20 of 1968, s. 9.)

    Prisoner to be brought before a court of justice
    53.—(1) Subject to the provisions of the Criminal Procedure Code and the Magistrates' Courts Act, if the presence of any prisoner is required in any court of justice, or by any person empowered by law to summon witnesses, either for the purpose of his being examined as a witness in any cause or matter, civil or criminal, or for the purpose of a criminal charge being preferred against him, it shall be lawful for such court or person, if he considers the presence of such prisoner necessary for the ends of justice, to issue an order to the officer in charge of the prison where such a prisoner is confined, requiring him to bring such prisoner, in proper custody, at a time to be named in the order, before such court or person.
    (Cap. 21.) (Cap. 14.)
    (2) On receipt of any order made pursuant to the provisions of subsection (1) or of any other Act, requiring him to bring any prisoner before any court or person, the officer in charge of any prison in which such prisoner is confined shall act in accordance with such order and shall provide for the custody of such prisoner during his absence from the prison.

    Controller may direct prisoners to be moved to other prison
    54. The Controller may, in writing, direct that any prisoner shall be removed to any prison, other than that in which he is confined or to which he has been committed.

    Removal of prisoners when in danger of disease
    55. The Controller or, in case of emergency, the supervisor may, in writing, authorise the removal of prisoners from a prison to any other place, should there be any danger from contagious or infectious disease in such prison, and such other place shall, while any prisoner are confined therein, be deemed to be a prison.

    Removal of prisoners when suffering from mental disorders
    56.—(1) If any prisoner shall appear to the officer in charge to be of unsound mind, such officer shall forthwith report the fact to the medical officer who shall visit and examine such prisoner and if, after such examination—
    1. the medical officer is of the opinion that such prisoner is of unsound mind and that it is necessary or expedient that such prisoner should be removed to a mental hospital, he shall sign a certificate to that effect in the form prescribed and deliver such certificate to the officer in charge who shall forward the same to the Minister who may, by order in writing, direct that such prisoner be forthwith removed to a mental hospital; or (Amended by Order 7th October 1970*.)
    2. the medical officer is of the opinion that such prisoner should be removed to a mental hospital for observation for the purpose of determining whether such prisoner is of unsound mind or not, he shall sign a certificate to that effect in the prescribed form stating the period, not exceeding fourteen days, during which such prisoner should be so removed and deliver such certificate to the officer in charge who shall forward the same to the supervisor who may, by order in writing, direct that such prisoner be removed to a mental hospital for detention therein during such period as aforesaid:
    * See Legal Notice No. 112 of 1970.
    Provided that, if whilst a prisoner is detained in a mental hospital under the provisions of this paragraph the superintendent of such mental hospital becomes satisfied that such prisoner is of unsound mind and should remain in such mental hospital such superintendent shall sign a certificate to that effect in the prescribed form and deliver such certificate to the officer in charge of the prison from which the prisoner came, who shall forward the same to the Minister who may, by order in writing, direct that such prisoner be detained in such mental hospital and such prisoner shall thereupon be deemed for all purposes to have been removed to such mental hospital under the provisions of paragraph (a). (Amended by Ordinance 20 of 1968, s. 10 and Order 7th October 1970*.)
    (2) Every prisoner removed to a mental hospital under the provisions of this section shall remain under detention in such mental hospital—
    1. in the case of a prisoner removed to such mental hospital under the provisions of paragraph (a) of subsection (1), until he is discharged or remitted to the prison whence he came under the provisions of section 31 of the Mental Treatment Act or previously admitted to bail under the provisions of the Criminal Procedure Code; or (Cap. 113.) (Cap. 21.)
    (b) in the case of a prisoner removed to such mental hospital under the provisions of paragraph (b) of subsection (1), until the expiration of the period specified in the order for his removal to such mental hospital, or he is previously admitted to bail under the provisions of the Criminal Procedure Code.
    (Cap. 21.)
    Removal of sick prisoners to hospital
    57.—(1) In case of the serious illness, other than unsoundness of mind, of a prisoner, the officer in charge may, on the certificate of the medical officer, make an order for the removal of such prisoner to a hospital.
    (2) The medical officer in charge of any hospital to which any prisoner is removed under the provisions of this section shall, on admission of such prisoner, and at the end of every month, while such prisoner remains in such hospital, transmit to the officer in charge of the prison whence he came, a certificate signed by him, staling his opinion as to the necessity for such prisoner to remain in the hospital and, when possible, stating the period for which such prisoner should so remain.

    Prisoners in hospital deemed to be in lawful custody
    58. So long as any prisoner who shall have been removed to any hospital under the provisions of sections 56 or 57, remains therein, he shall be deemed to be in lawful custody.

    Officers to take precautions to prevent escape
    59. Every reasonable precaution shall be taken by the medical and other officers of any hospital, to prevent the escape of any prisoner at any time under treatment therein; and it shall be lawful for such officers to take such measures for preventing the escape of any such prisoner as are reasonably necessary.
    * See Legal Notice No. 112 of 1970.

    Power to return prisoners to prison
    60. When, in the opinion of the medical officer in charge of any hospital to which any prisoner is removed under the provisions of section 57, it is no longer necessary that such prisoner should remain therein, he shall transmit to the officer in charge of the prison whence such prisoner came a certificate stating that such necessity has ceased, and thereupon such officer in charge shall forthwith cause such prisoner to be brought to the prison, if he is still liable to be confined therein.

    PART XI—EXTRAMURAL PUNISHMENT

    Nature     of extramural punishment
    61.—(1) Subject to subsection (2)—
    1. the supervisor, in the case of any person sentenced to imprisonment, whether by one sentence or cumulative sentences, for any period not exceeding twelve months; or
    2. the Controller, in the case of any person who is serving a sentence of imprisonment for any period exceeding twelve months and who is within twelve months of his earliest possible date of release with remission,
    may, with the written consent of such person, release him to undertake public work outside the prison.
    (2) A person shall not be released in terms of subsection (1) unless the supervisor or the Controller, as the case may be, is satisfied that—
    1. such person is likely to be of good behaviour;
    2. suitable arrangements can be made for his accommodation;
    3. suitable public work is available; and
    4. such person is physically capable of undertaking the public work to which he will be assigned.
    (3) A person released under this section to undertake public work shall be employed under the supervision of any person or authority appointed by the supervisor or the Controller for such number of hours, being not fewer than thirty in any week, as the supervisor or the Controller may specify.
    (4) A person undertaking public work under this section shall, in lieu of rations, be entitled to such monetary allowance as may be prescribed.
    (5) Such person may, in addition to the public work which he is required to perform under this section, undertake for remuneration such other work as the supervisor or the Controller may approve.
    (6) The period during which such person shall work shall, subject to remission, be equal to the term of imprisonment, or the remainder of the term of imprisonment, to which he has been sentenced or which he is liable to undergo.
    (7) Without prejudice to section 86, where the supervisor or the Controller is satisfied that any person undergoing extramural punishment under this section is in consequence of his behaviour or for any other reason unsuitable or unable to continue with such extramural punishment, the supervisor or the Controller may order the recall to prison of such person.
    (8) In this section the expression "public work" includes undertaking work under the supervision of—
    1. any Provincial Council established under the Fijian Affairs Act; (Cap. 120.)
    2. any city, town or district council constituted under the Local Government Act;
    3. any local authority constituted under the Public Health Act; or (Cap. 111.)
    4. any religious, charitable or other body approved in writing by the Minister.
    (9) This section shall not apply to any person sentenced by a Fijian Court under the Fijian Affairs Act, but, in the case of a person so sentenced, the provisions of any regulations referring to extramural punishment made under that Act shall apply. (Inserted by Act 25 of 1980, s. 2.)
    (Cap. 120.)
    PART XII—LABOUR OF PRISONERS

    Prisoners     may be given labour within or outside prison
    62.—(1) Subject to the provisions of this Act, every convicted criminal prisoner may be kept to labour, within or without the precincts of any prison, in any employment that may be prescribed and may be paid such remuneration in respect thereof as may be prescribed.
    (2) Female convicted criminal prisoners shall be employed on such work, as is suitable for women, that may be prescribed.
    (3) Prisoners, other than convicted criminal prisoners, shall be required to keep their cells, precincts of cells, furniture, clothing and utensils clean, but shall not be employed in any other work or duties without their consent.
    (4) The labour of all prisoners confined in any prison shall be under the supervision of the officer in charge of the prison.

    PART XIII—REMISSION OF SENTENCES

    Prisoners may earn remission and forfeited remission may be restored
    63.—(1) Every convicted criminal prisoner under sentence of imprisonment for any period exceeding one calendar month, whether by one sentence or cumulative sentences, and whether suffering extramural punishment or not, shall, after serving one month's imprisonment or extramural punishment, as the case may be, be eligible by satisfactory industry and good conduct, to a remission of one-third of his total sentence of imprisonment.
    Provided that the remission so earned shall not reduce the period of imprisonment or extramural punishment to less than one month.
    (2) On the recommendation of the Controller, the Minister may grant such further remission as he shall determine on special grounds, such as exceptional merit or permanent ill health. (Amended by Order 7th October 1970*.)
    (3) For the purpose of giving effect to subsection (1), each convicted criminal prisoner, on admission, shall be credited with the full amount of remission that he could earn and shall forfeit such portions of such remission as a punishment for idleness, lack of industry, or any other offence against prison discipline, as the Controller or the supervisor shall determine:
    Provided that—
    1. the maximum forfeiture of remission of sentence which may be imposed on a person undergoing extramural punishment for any one extramural offence shall be one month;
    2. the maximum forfeiture of remission of sentence which may be imposed for any one prison offence shall be three months;
    3. the Controller may restore any forfeited remission in whole or in part.

    Controller to report to Minister
    64. The Controller shall furnish to the Minister a report on the general condition of every prisoner who has during the previous month—
    1. in the case of prisoners sentenced to imprisonment for life, completed one years' imprisonment from the date of admission and thereafter at intervals of two years;
    2. in the case of all other prisoners sentenced to imprisonment for any period of seven years or more, completed two years' imprisonment from the date of sentence and at intervals of two years thereafter;
    3. completed seven or more years of his sentence and has attained, or is believed to have attained, the age of sixty years;
    4. in the case of prisoners under twenty years of age, howsoever detained, a report at the expiration of every twelve months of imprisonment until such prisoner has attained the age of twenty years:
    5. Provided that—
    6. the Minister may, in the case of any such prisoner, direct that a report shall be submitted at more frequent intervals; and
    7. the Controller may, if he thinks fit, submit a report at more frequent intervals.
    (Substituted by Ordinance 20 of 1968 s. 12 and amended by Order 7th October 1970*.)

    PART XIV—COMPULSORY SUPERVISION ORDERS

    (Substituted     by Ordinance 20 of 1968, s.l3.)

    Compulsory     supervision orders
    65.—(1) The Minister may at any time, in his discretion, direct that a prisoner shall be released on an order of compulsory supervision, for such period as the Minister may think fit, and the Controller shall forthwith comply with such direction. (Amended by Order 7th October 1970*.)
    (2) Where no order has been made under the provisions of subsection (1), the Controller—
    1. shall, in the case of a prisoner who, having been sentenced to imprisonment on not less than two previous occasions, is serving a sentence of imprisonment for any period of three years or more; and
    2. may, in the case of any other prisoner sentenced to imprisonment for any period of three years or more, where he considers it necessary or desirable so to do,
    make an order providing for the compulsory supervision of the prisoner on his release for a period not exceeding one year:
    Provided that—
    1. the Controller shall not without the approval of the Minister, release any prisoner under a compulsory supervision order before such prisoner is due for release with remission; and
    * See Legal Notice No. 112 of 1970.
      1. a compulsory supervision order shall not be made in respect of any prisoner who has been discharged from prison without such order.
    (Amended by Order 7th October 1970* and Act 19 of 1974, s. 9.)
    (3) Every compulsory supervision order shall be in such form and be subject to such terms and conditions as may be prescribed.
    (Substituted by Ordinance 20 of 1968, s. 13.)

    Revocation or cancellation of order
    66.—(1) Where the Controller is satisfied that any prisoner in respect of whom a compulsory supervision order has been made has, during the continuance in force of the order, been convicted of any offence or has contravened or failed to comply with any of the terms or conditions of his order, the Controller may revoke the order and shall issue a certificate to that effect:
    Provided that where a prisoner has been released under a compulsory supervision order on the directions of the Minister, such order shall not be revoked without the approval of the Minister. (Amended by Order 7th October 1970*.)
    (2) If any person in respect of whom a compulsory supervision order is in force—
    1. is convicted of an offence; or
    2. contravenes or fails to comply with any term or condition of the order, he shall be guilty of an offence and shall be liable to imprisonment for three months. (Substituted by Ordinance 20 of 1968, s. 13.)

    Effect of cancellation or revocation
    67.—(1) Where any compulsory supervision order is revoked, the person named therein shall, after undergoing any other punishment to which he may be sentenced for any offence in consequence of which his order is revoked, undergo a further term of imprisonment equal to that portion of his sentence which remained unexpired at the time of his release under such order.
    (2) When any compulsory supervision order is revoked, a magistrate shall, on production of a certificate of such revocation, issue a warrant for the apprehension of the person to whom such order was issued, and any magistrate before whom such person is brought shall issue a warrant for the readmission of such person to prison.
    (Substituted by Ordinance 20 of 1968, s. 13.)

    Duplicate orders
    68. If the person in respect of whom a compulsory supervision order has been made proves to the satisfaction of the Controller that he has lost such order through no fault of his own, he shall be entitled to a duplicate of such order. (Substituted by Ordinance 20 of 1968, s. 13.)

    Licences granted prior to 21st April 1969.
    69. Any licence granted and in force at the commencement of the Prisons (Amendment) Ordinance, 1968+, under the law in force immediately prior to such commencement shall continue of full force and effect and the provisions of sections 65 to 68 of this Act as in operation immediately prior to such commencement shall apply to any such licence. (Inserted by Ordinance 20 of 1968, s. 13.)
    * See Legal Notice No. 112 of 1970.
    + 21st April 1969.

    PART XV—MAINTENANCE

    Maintenance     of certain prisoners from private sources
    70.—(1) A civil prisoner or an unconvicted criminal prisoner may be permitted to maintain himself and purchase or receive from private sources, at such hours as may be prescribed, food, clothing, bedding or other necessaries, but subject to examination and such conditions as may be prescribed.
    (2) No food, clothing, bedding or other necessaries belonging to any civil prisoner or any unconvicted criminal prisoner shall be given, hired, loaned or sold to any other prisoner, and any prisoner failing to comply with the provisions of this section shall be liable, in addition to any other punishment provided by this Act, to lose the privilege of purchasing or receiving food, clothing, bedding or other necessaries from private sources, for such time as the officer in charge may think proper.
    (3) If a civil prisoner or an unconvicted criminal prisoner does not provide himself with food, clothing or bedding, or if such food clothing or bedding is, in the opinion of the officer in charge, inadequate, such prisoner shall receive the regular food, clothing and bedding.

    PART XVI—PROHIBITED ARTICLES

    Examination     of articles taken in or out of prison
    71. Any officer of the Prisons Service may examine anything being brought into or being taken out of the prison, and may stop and search, or cause to be stopped and searched, any person reasonably suspected of bringing or attempting to bring any prohibited article into, or take any such article out of, the prison, or of carrying, or attempting to carry, out of the prison, any property belonging to the prison; and the officer in charge shall immediately be informed of any such article or property so found.

    Prohibited articles and communications with prisoners
    72. Any person who contrary to any regulations made under the provisions of this Act—
    1. brings, sells, or attempts by any means whatsoever to introduce into any prison or to give to any prisoner, any article whatsoever; or
    2. communicates with any prisoner,
    shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding six months or to a fine not exceeding $100 or to both such fine and imprisonment.

    Power of officer of Prisons Service to arrest
    73. Any officer of the Prisons Service may arrest without a warrant any person who—
    1. commits, or attempts to commit any offence against section 72;
    2. when reasonably suspected of committing any offence against section 72, refuses, on the demand of such officer, to give his name and address; or
    3. when reasonably suspected, as in paragraph (b) gives a name or an address which such officer knows, or has reason to believe, to be false or which subsequently proves to be false,
    and shall deliver such person into the custody of a police officer.

    Publication of penalties
    74. The officer in charge shall cause to be affixed in a conspicuous place outside the prison, a notice in English, Fijian and Hindustani, setting forth the acts prohibited under section 72 and the penalties which may be incurred by their commission.

    Trespassing
    75.—(1) No unauthorised person shall be within the boundaries of any prison area and the officer in charge shall take steps to demarcate such boundaries.
    (2) Any person found unlawfully within the boundaries of any prison area shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding three months or to a fine not exceeding $50 or to both such fine and imprisonment.
    (3) Any person who commits, or attempts to commit, any offence against subsection (2) may be arrested without a warrant and delivered into the custody of a police officer.

    Unlawful possession of prison articles
    76. Any person other than an officer of the Prisons Service who is found in possession of any article which has been supplied to any officer of the Prisons Service for the purpose of his duty, or of any other prison property, and who fails to account satisfactorily for his possession thereof, or who, without lawful authority, purchases or receives any such article or property from any officer of the Prisons Service, or who aids or abets any officer of the Prisons Service in selling or disposing of any such article or property, shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding three months or to a fine not exceeding $50 or to both such fine and imprisonment.

    PART XVII—INCITING AND HARBOURING

    Incitement and abetting of desertion
    77. Any person who, by any means directly or indirectly, procures, persuades, or attempts to procure or persuade, any officer of the Prisons Service to desert or who aids, abets, or is accessory to the desertion of any such officer, or who knowingly harbours in or about his house, grounds or otherwise, or who knowingly employs, or who knowingly and without lawful excuse assists any deserter, other than his or her spouse, shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding six months or to a fine not exceeding $100 or to both such fine and imprisonment.

    Incitement of mutiny or sedition
    78. Any person who, directly or indirectly, instigates, commands, counsels or solicits any mutiny or sedition amongst any officers of the Prisons Service, or prisoners, or disobedience to any lawful command given by any officer of the Prisons Service, or who wilfully attempts to seduce any officer of the Prisons Service from his allegiance or duty, shall be guilty of an offence and shall be liable to imprisonment for any period not exceeding two years or to a fine not exceeding $200 or to both such fine and imprisonment.

    Harbouring or employing, or assisting a prisoner
    79. Any person who knowingly harbours in or about his house, grounds or otherwise, or who knowingly employs, or who knowingly and without lawful excuse assists any prisoner illegally at large, other than his or her spouse, shall be guilty of an offence and shall be liable to imprisonment for any period not exceeding one year or to a fine not exceeding $200 or to both such fine and imprisonment.

    PART XVIII—PRISONERS UNDER SENTENCE OF DEATH

    Supervision     of prisoners under sentence of death
    80.—(1) Every prisoner sentenced to death shall be confined in some safe place within a prison, and, if possible, shall be kept apart from other prisoners, and, in the event of such sentence being confirmed by the Governor-General, shall thereafter be placed under constant observation both by day and by night.
    (Amended by Order 7th October 1970*.)
    (2) No person, other than an officer of the Prisons Service, a medical officer, the visiting justice or a minister of religion shall have access to a prisoner under sentence of death:
    Provided that such prisoner may, with the consent of and subject to any reasonable conditions which may be imposed by the supervisor, be visited by his legal advisers and such of his relatives and friends as he may express a wish to see.
    (3) A prisoner under sentence of death shall have such general and special privileges as the Controller may from time to time direct.
    (4) Executions shall be attended by the officer in charge, the medical officer and such other officers of the Prisons Service as the Controller may direct, and may be attended by a minister of religion and by such other persons as the Minister may
    authorise. (Amended by Order 7th October 1970*.)

    PART XIX—DEATH OF PRISONERS

    Death to be reported to medical officer and visiting justice
    81.—(1) On the death of any prisoner, the officer in charge shall, at once, report such death to the medical officer and to the visiting justice who shall thereupon proceed to hold an inquiry into the cause of death of the deceased prisoner and report upon the same to the Minister:
    Provided that, in the case of death of any prisoner other than by execution on sentence of death, the visiting justice may dispense with holding an inquiry if he considers that there is no reasonable suspicion of culpability or other circumstances making it desirable to hold an inquiry. (Amended by Order 7th October 1970*.)
    (2) For the purpose of such inquiry, the visiting justice shall have all the powers conferred upon magistrates under the Inquests Act. (Amended by Act 19 of 1974, s. 10.)
    (Cap. 46.)
    * See Legal Notice No. 112 of 1970.
    (3) When sentence of death has been executed upon a prisoner the visiting justice shall require the production of the prescribed certificates, signed by the medical officer and the officer in charge of the prison respectively, and shall forward the same with his report to the Minister. (Amended by Order 7th October 1970*.)

    PART XX—DISCIPLINE OF PRISONERS

    Prison     offences
    82. Any prisoner who commits any prison offence as may be prescribed under the provisions of this Act shall be guilty of a prison offence and shall be liable to suffer punishment in accordance with the provisions of this Act:
    Provided that—
    1. nothing in this connection shall be construed to exempt any prisoner from being proceeded against for any offence by any other process of law;
    2. save as expressly provided by the provisions of this Act, no prisoner shall be punished twice for the same offence.

    Trial of prison offences
    83.—(1) For the purpose of the trial of prison offences under the provisions of this Act, there shall be the following tribunals:—
    A. The Controller, who shall have power to impose any of the following punishments or any combination thereof:—
      1. forfeiture of remission of sentence not exceeding three months;
      2. deprivation of earnings, or any part thereof, for any period not exceeding three months;
      3. forfeiture of privileges for any period not exceeding three months;
      4. reduction in stage or postponement of promotion in stage under the progressive stage system;
      5. cellular confinement for any period not exceeding one month;
      6. reduced diet for any period not exceeding fourteen days;
      7. solitary confinement, with or without reduced diet, for any period not exceeding fourteen days.
    B. A supervisor or senior officer, who shall have power to impose any of the following punishments or any combination thereof:—
      1. forfeiture of remission of sentence for any period not exceeding one month;
      2. deprivation of earnings, or part thereof, for any period not exceeding six weeks;
      3. forfeiture of privileges for any period not exceeding six weeks;
      4. reduction in stage or postponement of promotion in stage under the progressive stage system;
      5. cellular confinement for any period not exceeding fourteen days;
      6. reduced diet for any period not exceeding seven days;
      7. solitary confinement, with or without reduced diet, for any period not exceeding seven days.
    (Amended by Ordinance 20 of 1968, s. 14 and Act 19 of 1974, s. 11.)
    (2) At the request of the Controller or a supervisor or senior officer, the
    *See Legal Notice No. 112 of 1970.


    visiting justice may inquire into, try and determine any prison offence, and may impose any punishment that the Controller is empowered to impose under subsection (1). (Amended by Ordinance 20 of 1968, s. 14.)
    (3) No prisoner shall be punished for any prison offence unless the charge has been read and investigated in his presence and he has been given sufficient opportunity to make his defence thereto.
    (4) Solitary confinement shall not be continuous for more than seven days and an interval of seven days shall elapse before a further period of such confinement.
    (5) Reduced diet shall not be continuous for more than seven days and an interval of seven days shall elapse before a further period of reduced diet.

    Punishment of prisoners for certain offences
    84. Notwithstanding the provisions of section 83 when a convicted criminal prisoner has been charged with any of the following prison offences:—
    1. mutiny;
    2. incitement to mutiny; or
    3. gross personal violence to an officer of the Prisons Service or any prisoner,
    the Controller, shall commit that prisoner to the court of a resident magistrate, which may, in addition to imposing any of the punishments referred to in section 83, subject to and in accordance with the provisions of section 34 of the Penal Code and other written law, impose a sentence of corporal punishment not exceeding twelve strokes. (Substituted by Act 19 of 1974, s. 12.)
    (Cap. 17.)
    Extramural offences
    85. If any person undergoing extramural punishment commits any extramural offence as may be prescribed under the provisions of this Act, the Controller, supervisor or senior officer or, at the request of either of such officers, the visiting justice, may hear and determine a charge in respect of such extramural offence against such person and, if such person is found guilty of such offence, may order—
    1. that he shall suffer imprisonment for the term of imprisonment to which he was sentenced or otherwise committed to prison, subject nevertheless to a deduction of the number of days during which he has completed his daily task and he shall thereupon be committed to prison accordingly; or
    2. forfeiture of remission of sentence not exceeding one month; or
    3. both such imprisonment and forfeiture of remission.
    (Amended by Ordinance 20 of 1968, s. 15.)

    Review by Controller
    86.—(1) The Controller shall have power to review all proceedings heard by any supervisor or senior officer under the provisions of this Part.
    (2) Upon review, the Controller, if he thinks that such proceedings ought to be revised, shall have power—
    1. to quash the finding;
    2. to alter the finding and find the accused guilty of another offence;
    3. with or without altering the finding—
    4. to reduce or increase the punishment;
    5. with or without such reduction or increase, to alter the nature of the punishment;
    6. to remit the proceedings to the supervisor or senior officer who heard them or to another supervisor for rehearing:
    7. Provided that the Controller shall not increase any punishment
    8. without giving the accused an opportunity of being heard.
    (Amended by Ordinance 20 of 1968 s. 16.)

    PART XXI—DISCHARGE OF PRISONERS

    Officer in charge responsible for discharge of prisoners
    87. Every officer in charge shall be responsible for the due discharge o release from prison of all prisoners under his control immediately after their becoming entitled thereto:
    Provided that any prisoner who is suffering from an acute or dangerous illness shall not, except at his own desire, be discharged from any prison until, in the opinion of the medical officer, it is safe to discharge him.

    PART XXII—MISCELLANEOUS

    Regulations
    88. The Minister may make regulations with respect to any of the following maters:—(Amended by Order 7th October 1970*.)
    1. the regulation and government of prisons;
    2. the pay, allowances, conditions of service, powers, duties and conduct of officers of the Prisons Service, officials of any prison and other persons employed in the prisons;
    3. prescribing offences against discipline punishable under the provisions of this Act;
    4. the control, administration and application of the Prisons Service Welfare Fund;
    5. medical officers and the medical inspection of prisoners;
    6. visiting justices, official visitors and visiting committees;
    7. the admission and discharge of prisoners and the supervision and after-care of discharged prisoners; (Amended by Ordinance 34 of 1965, s. 15.)
    8. permitting the introduction of any articles into prisons and the possession of any such articles by prisoners;
    9. visits to and communication with prisoners;
    10. the safe custody, classification, hours of labour, mode of employment, segregation, diet, clothing, maintenance, employment, discipline, instruction and correction of prisoners;
    11. prescribing prison offences punishable under the provisions of this Act;
    12. the granting of gratuities to prisoners, or the remuneration of prisoners for work done;
    13. extramural punishment;
    14. the execution of sentences of death and burials of executed prisoners;
    *See Legal Notice No. 112 of 1970.
    1. the taking of photographs, descriptions, measurements, fingerprints, palmprints and footprints and prisoners;
    2. the pattern of mechanical means of restraint and the conditions under which such means of restraint may be used;
    3. rules of procedure for tribunals; (Amended by Act 19 of 1974, s. 13.)
    4. prescribing anything to be prescribed under the provisions of this Act;
    5. generally for the effective administration of this Act, for the good management and government of prisons.

    Controlled by Ministry of Home Affairs


    CHAPTER 86
    PRISONS

    SECTION 3—DECLARATION OF PRISONS
    _______
    Proclamation 8 of 1965, Notice 15th August 1972*
    (Made by the Governor and the Minister)
    The following prisons have been declared:—
    SUVA PRISON
    Comprising all that parcel of land situated on either side of Queens Road in the Province of Rewa, Tikina of Suva enclosing all existing prison buildings and containing a total area of 4 acres and 10 perches and being as shown on plan S .1201 deposited in the office of the Director of Lands in Suva.

    NABORO PRISON FARM
    Comprising all that parcel of land situated in the Province of Rewa, Tikina of Suva and comprising part Native Grant 49 and part Native Lease approval N.L.T.B. 4/16/1497 enclosing all existing prison buildings and containing a total area of 1,031 acres approximately and being as shown on plan S.1202 deposited in the office of the Director of Lands in Suva but excluding all that portion of land situate in the Tikina of Suva in the Province of Rewa containing an area of 5½ acres more or less, situated along the Queens Road at a distance of approximately fifty chains from the eastern boundary of the Naboro Prison Farm, and containing the Naboro Primary School and the Medical Centre. The area is more particularly shown verged red and more particularly delineated on plan P. P. 101 kept in the office of the Director of Lands, Suva with a copy available for inspection at the office of the Controller of Prisons at Suva.
    (Amended by Notice 15th August 1972*.)

    ROTUMA PRISON
    Comprising all that parcel of land situated on the Government Station site on the Island of Rotuma enclosing all existing prison buildings and containing an area of 24 perches and being as shown on plan I.105 deposited in the office of the Director of Lands in Suva.

    LAUTOKA PRISON
    Comprising all that parcel of land situated in the Province of Ba, Tikina of Vuda enclosing all existing prison buildings and containing an area of 1 acre 2 roods and 16 perches as fenced and being part Native Grant to the Crown, Number 43 as shown on plan N.D. 4616 deposited in the office of the Director of Lands in Suva.

    BA PRISON
    Comprising all that parcel of land situated in the Province of Ba, Tikina of Ba as fenced and enclosing all existing prison buildings and containing an area of 1 acre 1 rood and 14 perches and being as shown on plan Ba 2076 deposited in the office of the Director of Lands in Suva.

    LABASA PRISON
    Comprising all that parcel of land situated in the Province of Macuata, Tikina of Labasa enclosing all existing prison buildings and containing an area of 2 acres and 28 perches and being part of Crown Certificate of Title 6611 as shown on plan M. 2298 deposited in the office of the Director of Lands in Suva.

    SAVUSAVU PRISON
    Comprising all that parcel of land situated in the Province of Cakaudrove, Tikina of Savusavu enclosing all existing prison buildings and containing an area of 1 acre and 30 perches and being portion of Native Lease to the Crown C.L.IV/8847 as shown on plan S.S.136 deposited in the office of the Director of Lands in Suva.

    TAVEUNI PRISON
    Comprising all that parcel of land situated in the Province of Cakaudrove, Tikina of Cakaudrove enclosing all existing prison buildings and containing an area of 1 acre and 32 perches as fenced and being as shown on plan C.D. 313 deposited in the office of the Director of Lands in Suva.
    The following prison has been declared:—

    NASINU PRISON
    Notice 22nd August 1977*
    Comprising all that area of land situated in the Province of Naitasiri, Tikina of Naitasiri known as Naidiridiri No. 2 enclosing all existing prison buildings and containing a total area of 61 acres 1I rood 16 perches and lying west of Nasinu Boys' Centre and contained in Native Lease approval N.L.T.B. 4/14/7304. The area is more particularly represented by survey as Lot I on plan R. 1627 kept in the office of the Permanent Secretary for Lands and Mineral Resources and copies are available for inspection at the offices of the Controller of Prisons, Suva and the District Officer, Suva.
    _______

    SECTION 7—RANKS OF THE PRISONS SERVICE
    (Declaration by the Minister)

    Notice     4th August 1971+

    The officers of the Prisons Service shall, with effect from the 1st day of July, 1971, consist of the following ranks with relative seniority in the order in which they are enumerated as follows:—
    * See Legal Notice No. 120 of 1977.
    + See Legal Notice No. 109 of 1971.

    Senior Officers—
    CONTROLLER OF PRISONS
    DEPUTY CONTROLLER OF PRISONS
    SUPERINTENDENT OF PRISONS
    ASSISTANT SUPERINTENDENT OF PRISONS
    Junior Officers—
    CHIEF PRISONS OFFICER
    PRINCIPAL PRISONS OFFICER
    Subordinate Officers—
    PRISONS OFFICER, Class A.
    PRISONS OFFICER, Class B.
    PRISONS OFFICER, Class C.
    _______

    SECTION 43—PRISON OFFICERS' ASSOCIATION ORDER
    _______

    ARRANGEMENT OF PARAGRAPHS
    _______
    PARAGRAPH
    1. Short title
    2. Interpretation
    3. Establishment of Association
    4. Membership of Association
    5. Central committee
    6. Constitution of the central committee
    7. Election of members of central committee
    8. Procedure at meetings and quorum
    9. Representations by central committee
    10. Facilities for meetings
    11. Suspension of central committee
    _______
    Orders 26th January 1966 [in force 28th January 1966],
    7th October 1970*
    (Made by the Governor)

    Short     title
    1. This Order may be cited as the Prison Officers' Association Order.
    * See Legal Notice No. 112 of 1970.

    Interpretation
    2. In this Order, unless the context otherwise requires—
    1. "Association" means the Prison Officers' Association established by the provisions of paragraph 3;
    2. "central committee" means the central committee established under the provisions of paragraph 5.

    Establishment of Association
    3. There is hereby established a Prison Officers' Association the objects of which shall be to enable subordinate officers of the Prisons Service to bring to the notice of Government any matters affecting their welfare and efficiency, other than questions of discipline or promotion.

    Membership of Association
    4. All subordinate officers of the Prisons Service shall be members of the Association.

    Central committee
    5. There shall be established a central committee through which committee the Association shall act.
    Constitution of the central committee
    6.—(1) The central committee shall consist of the following members of the Association:—
    1. four to be elected from their number by members of the Association in the Central and Eastern Divisions;
    2. two to be elected from their number by members of the Association in the Western Division;
    3. one to be elected from their number by members of the Association in the Northern Division,
    such elections to be held annually in the manner hereinafter provided in the month of November in each year.
    (2) The central committee shall hold, in each year, an annual meeting on a day, not later than 31st January, to be fixed by the Controller.
    (3) At each annual meeting the central committee shall elect from among its members a chairman and a secretary.
    (4) The members of the central committee and the officers elected under the provisions of sub-paragraph (3) shall hold office until the next succeeding annual meeting.
    (5) The central committee may hold not more than two meetings in each year, including the annual meeting, each lasting not more than one day:
    Provided that additional meetings may be held for special purposes with the consent of the Controller.

    Election of members of central committee
    7.—(1) All elections of members of the central committee shall be by secret ballot and the following provisions shall apply in respect thereof:—
    1. every person in attendance at the polling station or other place of voting shall maintain and aid in maintaining the secrecy of the voting in such station or place and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person, any information as to the name or other means of identification of any voter, whether such voter has applied for a ballot paper or voted at that station or place or not;
    2. no person whatsoever shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain, in the polling station or other place of voting, information as to the candidate for whom any voter in such station or place has voted or is about to vote, or communicate at any time to any person any information obtained in the polling station or other place of voting as to the candidate for whom any voter in such station or place has voted or is about to vote;
    3. every person in attendance at the counting of votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper;
    4. no person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to be made known to any person the name of the candidate for or against whom he has so marked his vote; and
    5. any person who acts in contravention of any of the foregoing provisions of this paragraph shall be guilty of an offence and liable to a fine not exceeding $20.
    (2) Every member of the Association in any Division or Divisions shall have a right to vote at the election of members of the central committee to be elected by the members of the Association in such Division or Divisions, and may give one vote and no more for each of any number of candidates not exceeding the number to be elected by the members of the Association in such Division or Divisions.
    (3) Subject to the provisions of this Order, the central committee may make regulations as to the mode of election of the members thereof and as to the filling of casual vacancies occurring among such members:
    Provided that in the case of the first elections held under the provisions of this Order the mode of election shall, subject as aforesaid, be as determined by the Controller.

    Procedure at meetings and quorum
    8.—(1) The Chairman, at any meeting of the central committee shall have a casting, as well as a deliberative, vote. The quorum of a meeting of the central committee shall be four.
    (2) Subject to the provisions of this Order the central committee may regulate its own procedure, including the appointment of committees and subcommittees:
    Provided that the first meeting shall be convened in such manner and the procedure to be followed thereat shall be such as the Controller may direct.
    (3) The secretary of the central committee shall keep minutes of the meetings of the committee and shall within thirty days after the end of any such meeting forward two copies of the minutes thereof to the Controller and one copy of such minutes to each member of the committee.

    Representations by central committee
    9. The central committee may at any time submit representations in writing to the Controller and, through the Controller, to the Minister and shall consider and report upon any matters referred to it by the Controller or by the Minister, through the Controller:
    Provided that all such representations and reports shall be submitted to the Controller by the normal Service channels of correspondence and in conformity with the provisions of any regulations or orders for the time being in force in relation thereto.
    (Amended by Order 7th October 1970*.)

    Facilities for meetings
    10. Except where, in special circumstances, a subordinate officer is required for duty for which no substitute is available, leave shall be given for attendance at all meetings duly held under the provisions of this Order and every such attendance shall, as regards allowances and expenses, be deemed an occasion of duty.

    Suspension of central committee
    11.—(1) The Controller, with the prior approval of the Minister, may at any time suspend a central committee if he considers that the interests of the Prisons Service require that such committee shall forthwith cease to function.
    (Amended by Order 7th October 1970*)
    (2) The suspension of a central committee shall include the suspension of any committee or subcommittee appointed by such central committee.

    SECTION 88—PRISONS SERVICE REGULATIONS
    _______
    ARRANGEMENT OF REGULATIONS
    _______
    REGULATION
    1. Short title
    PART I—APPOINTMENT
    2. Declaration on appointment
    3. Medical examination
    4. Bar on appointment
    PART II—LEAVE
    5. Junior officers' leave and leave allowances
    6. Subordinate officers' leave and leave allowances
    7. Leave outside Fiji
    8. Study leave
    9. Compassionate leave
    * See Legal Notice No. 112 of 1970.
    10. Sick leave
    11. Application of this Part
    PART III—PAY AND ALLOWANCES

    12. Pay
    13. Increments
    14. Incremental penalties
    15. Allowances
    16. Transfer allowances
    17. Quarters
    PART IV—DISCIPLINE
    18. Offences against discipline
    19. Procedure at trials for offences against discipline
    PART V—GENERAL
    20. Communications, complaints, grievances and petitions
    21. Prohibition on taking part in professional sport
    22. Issue of equipment, etc.
    First Schedule—Form of Declaration on Appointment
    Second Schedule—Rates of Subsistence Allowance
    Third Schedule—Rates of Transfer Allowances
    _______

    Regulations     22nd December 1965 in force 1st January 1966, Orders* 10th July 1970, 7th October
    1970, Regulations    + 4th July 1972, 5th October 1972, 13th December 1973, 2nd December 1975, 20th June 1979, 4th June 1980. 18th August 1980, 1st January 1982, 27th May 1982, 6th October 1982

    (Made by the Governor and the Minister)

    Short     title
    1. These Regulations may be cited as the Prisons Service Regulations.

    PART I—APPOINTMENT

    Declaration     on appointment
    2. Every junior and subordinate officer shall, on appointment to the Prisons Service, make before the Controller or a senior officer, a declaration on oath or affirmation in the form prescribed in the First Schedule.

    Medical examination
    3. Prior to appointment or re-appointment for any period every subordinate officer shall be passed medically fit by a Government medical officer on such medical examination as the Controller may direct.
    * See Legal Notices Nos. 71 of 1970, 112 of 1970.
    1. See Legal Notices Nos. 57 of 1972, 101 of 1972, 157 of 1973, 134 of 1975, 121 of 1979, 110 of 1980, 133 of 1980, 11 of 1982, 64 of 1982, 112 of 1982.

    Bar on appointment
    4. No subordinate officer shall be appointed or re-appointed for further service after he has attained the age of 55 years.

    PART II—LEAVE

    Junior     officers' leave and leave allowances
    5.—(1) A junior officer shall be entitled to 16 days annual leave with full pay for each completed 12 months of service, inclusive of any service as a subordinate officer, but so that only 2 such periods of annual leave may be taken during each tour of 3 years resident service. This leave may not be accumulated.
    (2) Annual leave may be granted at the discretion of the Controller and shall be subject to the exigencies of the service.
    (3) A junior officer may be granted 42 consecutive days vacation leave with full pay on completion of each tour of 3 years' resident service:
    Provided that the Controller may in respect of a junior officer—
    1. on the grounds of urgent private affairs; or
    2. who is required by the Controller to take his leave; or
    3. who is called upon to retire; or
    4. who retires at his own request,
    grant him a period of vacation leave proportionate to the period served since his last preceding vacation leave.
    (3A) A junior officer granted vacation leave in any of the circumstances specified in the proviso to paragraph (3) shall, in addition, be granted any annual leave then due to him, calculated on a pro rata basis. (Inserted by Regulations 27    th May 1982*.)
    (4) After completion of 12 years' continuo