Misuse of Drugs (Approved Institutions) (Discipline) Regulations

There may be an Institutional Discipline Advisory Committee for one or more centres, or more than one Institutional Discipline Advisory Committees for one centre.

The function of any Institutional Discipline Advisory Committee is to render an opinion to the Commissioner of Prisons on whether any corporal punishment that a Superintendent of a centre has ordered to be imposed on an inmate is excessive.

The Minister is to appoint the members of a Committee.

A member of a Committee is to hold office for 3 years or such shorter period as the Minister may specify in any particular case.

A member of a Committee is eligible for re-appointment.

A member of a Committee may at any time resign office by notice in writing to the Minister.

The Minister may at any time revoke the appointment of any member of a Committee, or fill any vacancy in the membership of any Committee.

One or more public officers may be designated, either by name or by office, by the Minister or Commissioner of Prisons, to be the secretary of a Committee.

The secretary must attend all meetings of the Committee.

The quorum for a meeting of a Committee is to be constituted by —

The chairman of a Committee is to preside at every meeting of the Committee at which he is present, and in his absence, the deputy chairman, if present at the meeting, is to preside.

If both the chairman and deputy chairman of a Committee are absent at a meeting, the remaining members of the Committee must elect one such member to preside at the meeting of the Committee.

A Committee —

Except as otherwise provided in paragraph (1) or by or under the Act, a Committee may determine its own procedure.

Every opinion of a Committee is secret and must not be disclosed to any person other than to an officer or a member of the Government who is authorised by the Minister or the Commissioner of Prisons to prepare, see or comment on the opinion.

All questions for the opinion of a Committee must be decided by a majority of votes of the members of the Committee.

If there is an equality of votes, the presiding member has a casting vote.

The opinion of a Committee may be accompanied by the dissenting view of any member of the Committee who voted against that opinion.

A member of the Committee who takes part in a meeting of the Committee in the manner referred to in regulation 2F(1)(c) shall be taken to be present at that meeting.

The Minister or the Commissioner of Prisons may, from time to time, give a Committee appointed to render an opinion to the Commissioner of Prisons, guidelines on the discharge of the Committee’s functions.

The Commissioner of Prisons shall not give any guidelines under paragraph (1) that are contrary to any guidelines given by the Minister under that paragraph.

An inmate of a centre shall work in such workshop or do such work as may be assigned to him by the Superintendent of the centre.

An inmate shall keep his bedding, personal effects and all the surrounding areas and the toilets of his living quarters clean and tidy.

Every officer may use reasonable force against any inmate who —

Where force is used against an inmate under paragraph (1), the inmate shall be examined by a medical officer as soon as possible.

Any punishment imposed on an inmate under these Regulations shall be recorded in a register.

The number and name of the inmate, the nature of the offence for which the punishment is imposed and such other details thereof as the Commissioner of Prisons may require shall also be recorded in the register.

Where a Superintendent of a centre has found an inmate guilty of a major offence, the Superintendent must notify the Commissioner of Prisons of the facts of the case, and the punishment imposed on the inmate, not later than 7 days after the imposition of the punishment.

The Commissioner of Prisons may amend, alter or vary any punishment imposed by the Superintendent of a centre under these Regulations.

In any case where a Superintendent of a centre has ordered that corporal punishment be imposed on an inmate, the Commissioner of Prisons shall refer the case to a Committee for its opinion on whether the punishment imposed on the inmate is excessive.

The Committee shall render its opinion to the Commissioner of Prisons within such period as the Minister may determine after the case has been referred to the Committee.

The Commissioner of Prisons may, but shall not be required to, have regard to the opinion of the Committee when performing his functions and duties under paragraph (2).

Any person who, without the authority of the Act, these Regulations or the express permission of the Commissioner of Prisons —

Every officer of a centre who, without the authority of the Act, these Regulations or the express permission of the Commissioner of Prisons —

In this regulation, “unauthorised article” means —

(ca)any Part 3A product;