Regulation 11

This regulation applies in relation to a petition by a prisoner to the President, regarding a prisoner’s conviction or sentence for an offence.

Subject to paragraph (3), the Superintendent of a prison must ensure that a prisoner in the prison is allowed to make a petition to the President at the following times:

when the proceedings relating to the offence in question have concluded;

if the prisoner has previously made a petition to the President regarding the same conviction or sentence (called in this regulation the previous petition) — at any time on or after the period of one year after the date that the prisoner is notified of the President’s decision regarding the previous petition;

if the Superintendent considers that there are special circumstances justifying the making of the petition — at any time.

The Superintendent of a prison must not allow a prisoner to make a petition to the President if the prisoner’s previous petition is still pending the President’s decision.

To avoid doubt, paragraphs (2) and (3) do not prevent a prisoner from making more than one petition to the President at any time if each petition relates to a different offence.PART 5Remission of sentencesDivision 1 — Review of long sentencesApplication of regulation 6867. Regulation 68 applies to a prisoner mentioned in section 50J of the Act who, on or after 1 July 2014, has served 20 years or more of his or her sentence.Referral to Long Imprisonment Review Board68.—

There is to be a Long Imprisonment Review Board for one or more prisons, or more than one Long Imprisonment Review Board for one prison.

Before the date on which the Minister must review (or further review) a prisoner’s case under section 50J of the Act, the Commissioner must refer the prisoner’s case to a Long Imprisonment Review Board for the prison where the prisoner is in.

If a prisoner’s case is referred to a Long Imprisonment Review Board under paragraph (2), the Board must, before the date on which the Minister must review (or further review) the prisoner’s case under section 50J of the Act —

consider whether the Minister should direct the Commissioner to make a remission order in respect of the prisoner; and

make a recommendation to the Minister in that regard and on any other matter relating to the remission order.Division 2 — Review of life sentences, etc.Application of regulation 7069. Regulation 70 applies to a prisoner mentioned in section 50O of the Act.Referral to Life Imprisonment Review Board70.—

There is to be a Life Imprisonment Review Board for one or more prisons, or more than one Life Imprisonment Review Board for one prison.

Before the date on which the Minister must review (or further review) a prisoner’s case under section 50P of the Act, the Commissioner must refer the prisoner’s case to a Life Imprisonment Review Board for the prison where the prisoner is in.

If a prisoner’s case is referred to a Life Imprisonment Review Board under paragraph (2), the Board must, before the date on which the Minister must review (or further review) the prisoner’s case under section 50P of the Act —

consider whether the Minister should direct the Commissioner to make a remission order in respect of the prisoner; and (b)make a recommendation to the Minister in that regard and on any other matter relating to the remission order.Division 3 — Mandatory aftercare schemeApplication of regulations 72, 73 and 7471. Regulations 72, 73 and 74 apply to —

a person to whom Division 5 of Part 5B of the Act applies; and

a person to whom Division 5 of Part 5B of the Act would apply if he or she were released on a remission order.Referral to Mandatory Aftercare Advisory Committee72.—

There is to be a Mandatory Aftercare Advisory Committee for one or more prisons, or more than one Mandatory Aftercare Advisory Committee for one prison.

The Commissioner may refer any one or more of the following matters in relation to a person in a prison to a Mandatory Aftercare Advisory Committee for the prison:

whether the Commissioner should impose mandatory aftercare conditions on the person under section 50V of the Act;

the type of mandatory aftercare conditions to be imposed on the person and the duration for which they are to be imposed;

whether the Commissioner should vary, cancel or add to any mandatory aftercare conditions imposed;

whether the Commissioner should extend or reduce the period for which the person is subject to the mandatory aftercare conditions;

whether the Commissioner should waive, in any particular case, any of the mandatory aftercare conditions imposed;

any other matter relating to the mandatory aftercare scheme established under Division 5 of Part 5B of the Act.

A Mandatory Aftercare Advisory Committee must consider the matters referred to it under paragraph (2), having regard to the factors in regulation 73, before making its recommendation to the Commissioner.Factors to be considered in imposing mandatory aftercare conditions

the person’s progress and response to rehabilitation in prison and (where relevant) while on remission;

the person’s family support;

the person’s risk of recidivism;

the person’s latest offence and his or her antecedents;

all other relevant factors.Serious and minor breaches of mandatory aftercare conditions74.—

The following are serious breaches of mandatory aftercare conditions for the purposes of section 50Y of the Act:

if as a result of one or more breaches of section 50V(3)(c) of the Act, the person fails, for a cumulative period of 24 hours, to remain indoors in accordance with that provision;

a breach of the mandatory aftercare condition in section 50V(3)(e)(i) of the Act;

a breach of the mandatory aftercare condition in section 50V(3)(e)(v) of the Act;

a breach of the mandatory aftercare condition in section 50V(3)(f) of the Act;

the sixth and every subsequent breach of any mandatory aftercare condition other than the mandatory aftercare condition mentioned in sub‑paragraph (b), (c) or (d).

For the purposes of paragraph (1)(e), it is immaterial whether the first 5 breaches, and the subsequent breaches, are of the same mandatory aftercare condition or of different mandatory aftercare conditions.

For the purposes of section 50X of the Act, a breach of a mandatory aftercare condition that is not a serious breach of a mandatory aftercare condition is a minor breach of a mandatory aftercare condition.Service of notice of variation of mandatory aftercare conditions, etc.75.—

For the purposes of section 50V(5)(b) of the Act, a written notice under section 50V(4) of the Act may also be served by any of the following means:

by addressing it to that person and delivering it at that person’s last known residential address to an adult person who is a member of that person’s family;

by sending it by prepaid registered post addressed to that person at that person’s last known residential address;

by addressing it to that person and sending it by fax to that person’s last known fax number;

by addressing it to that person, and sending it to an email address or a digital mobile telephone number specified by that person in accordance with paragraph (2);

by leaving it at that person’s last known residential address if service cannot be effected under sub‑paragraph (a), (b), (c) or (d).

The notice may be served in a manner specified in paragraph (1)(d) only if both of the following conditions are satisfied:

the person to whom the notice is to be served gives that person’s prior written consent for the notice to be served in that manner;

that person specifies, in that written consent, the email address or digital mobile telephone number to which the notice is to be sent.Division 4 — General provisionsRemission system to be explained upon admission and release under remission order

if a prisoner is admitted to the prison or released under a remission order — the provisions for the remission of sentences in Part 5B of the Act (including the basic condition of a remission order and the mandatory aftercare scheme), so far as they apply to the prisoner, are explained to the prisoner;

an explanation is given to a prisoner if any time spent by the prisoner serving his or her sentence is not reckonable for the purposes of the making of a remission order under section 50I of the Act; and

a prisoner is fully informed if the prisoner is punished with forfeiture of remission for any reason.Confinement and forfeiture during remand to be non‑reckonable for purposes of remission order77.—

This regulation applies to a prisoner —

to whom Division 2, 6 or 7 of Part 5B of the Act applies;

who was imprisoned for a period immediately before being sentenced to imprisonment (and not released during that period); and

who was punished with confinement in a punishment cell or forfeiture of remission under the Act during that period.

The following periods are prescribed for the purposes of section 50I(2)(e) of the Act as not reckonable in determining whether a sentence is served for the purposes of making a remission order under section 50I(1) of the Act:

one-third of the time which the prisoner is confined in a punishment cell under paragraph (1)(c);

the forfeiture of remission under paragraph (1)(c).

Nothing in this regulation applies to any confinement in a punishment cell or forfeiture of remission that is imposed for a prison offence committed before 1 September 2018.Record of remission and related matters78.—

A record of remission must be kept for every prisoner, in accordance with this regulation, except a prisoner committed for debt.

The record of remission for a prisoner to whom Division 2 of Part 5B or section 50ZE of the Act applies must contain all of the following information:

the latest possible date of release;

the periods that are not reckonable for the purposes of a remission order under section 50I of the Act;

the earliest possible date on which a remission order must be made under section 50I of the Act;

if the prisoner’s sentence exceeds 20 years —

the date on which the prisoner would have served 20 years of his or her sentence if he or she were not earlier released; or

if he or she has served 20 years of his or her sentence, the Minister’s decision or decisions after reviewing the prisoner’s case under section 50J of the Act;

if a remission order is made in respect of the prisoner —

the remainder of the prisoner’s sentence as determined under section 50K or 50ZE(3) and (5) of the Act, as the case may be;

the duration of the remission order under section 50L or 50ZE(2), (3) and (5) of the Act, as the case may be;

any extension of the remission order under section 50M, 50N or 50ZE(2) of the Act, as the case may be; and

any breach of the basic condition of the remission order and the length of any enhanced sentence imposed under section 50T of the Act for that breach.

The record of remission for a prisoner to whom Division 3 of Part 5B of the Act applies must contain all of the following information:

the date on which the prisoner would have served 20 years of his or her sentence;

if he or she has served 20 years of his or her sentence, the Minister’s decision or decisions after reviewing the prisoner’s case under section 50P of the Act;

if a remission order is made in respect of the prisoner, any breach of the basic condition of the remission order and the length of any enhanced sentence imposed under section 50T of the Act for that breach.

The record of remission for a prisoner to whom Division 6 of Part 5B or section 50ZD of the Act applies must contain all of the following information:

the latest possible date of release;

the periods that are not reckonable for the remission of the prisoner’s sentence under section 50I or 50ZD of the Act;

the earliest possible date on which the prisoner’s sentence would be remitted under section 50ZB or 50ZD of the Act;

if the prisoner’s sentence exceeds 20 years —

the date on which the prisoner would have served 20 years of his or her sentence if he or she were not earlier released; or

if he or she has served 20 years of his or her sentence, the Minister’s decision or decisions after reviewing the prisoner’s case under section 50ZD(4) or (5) of the Act;

if a remission order is made in respect of the prisoner —

the remainder of the prisoner’s sentence as determined under section 50ZD(6) of the Act;

the duration of the remission order under sections 50L and 50ZD(6) and (7) of the Act;

any extension of the remission order under section 50M or 50N, and section 50ZD(6) of the Act; and

any breach of the basic condition of the remission order and the length of any enhanced sentence imposed under section 50T of the Act for that breach.

The record of remission for a person who is required by the Commissioner to comply with mandatory aftercare conditions under section 50V of the Act must contain, in addition to all of the information mentioned in paragraph (2), (3) or (4), all of the following information:

the mandatory aftercare conditions that are imposed on the person;

any minor breach of a mandatory aftercare condition and any punishment imposed by the Commissioner under section 50X of the Act for that breach;

any serious breach of a mandatory aftercare condition and the duration of any sentence imposed under section 50Y of the Act for that breach.

Any period of time to be recorded under this regulation must be recorded in whole days.Service of notice of recall79.—

For the purposes of section 50X(3)(a)(ii) of the Act, a notice of recall under section 50X(2) of the Act may also be served on a person by any of the following means:

by addressing it to that person and delivering it at that person’s last known residential address to an adult person who is a member of that person’s family;

by sending it by prepaid registered post addressed to that person at that person’s last known residential address;

by addressing it to that person and sending it by fax to that person’s last known fax number;

by addressing it to that person, and sending it to an email address or a digital mobile telephone number specified by that person in accordance with paragraph (2);

by leaving it at that person’s last known residential address if service cannot be effected under sub‑paragraph (a), (b), (c) or (d).

The notice of recall may be served in a manner specified in paragraph (1)(d) only if both of the following conditions are satisfied:

the person to whom the notice is to be served gives that person’s prior written consent for the notice to be served in that manner;

that person specifies, in that written consent, the email address or digital mobile telephone number to which the notice is to be sent.PART 6HOME DETENTION SCHEMEReferral to Home Detention Advisory Committee80.—

There is to be a Home Detention Advisory Committee for one or more prisons, or more than one Home Detention Advisory Committee for one prison.

The Commissioner, or the Superintendent of a prison subject to the direction of the Commissioner, may refer any one or more of the following matters in relation to a prisoner of the prison to the Home Detention Advisory Committee for the prison:

if the prisoner is eligible to be released on home detention under section 53(1) of the Act — whether the Commissioner should make a home detention order under section 52 of the Act in respect of the prisoner;

if the prisoner is disqualified under section 53(1)(c) of the Act from being released on home detention, but satisfies the requirements mentioned in section 53(1)(a) and (b) of the Act —

whether the Minister should have the prisoner’s disqualification removed under section 53(2) of the Act; and

whether the prisoner should be released on a home detention order by the Commissioner under section 52 of the Act;

any other matter relating to the home detention scheme established under Part 6 of the Act.

The Committee must consider the matters referred to it under paragraph (2) and make a recommendation for the decision of the Minister or the Commissioner, as the case may be.

The Committee must, in making a recommendation to the Minister as to whether the Minister should remove a prisoner’s disqualification under section 53(2) of the Act, have regard to the factors in that provision.Service of order of variation of conditions for home detention, etc.81.—

For the purposes of section 54(3)(b) of the Act, a written order under section 54(2) of the Act may also be served by any of the following means:

by addressing it to that person and delivering it at that person’s last known residential address to an adult person who is a member of that person’s family;

by sending it by prepaid registered post addressed to that person at that person’s last known residential address;

by addressing it to that person and sending it by fax to that person’s last known fax number;

by addressing it to that person, and sending it to an email address or a digital mobile telephone number specified by that person in accordance with paragraph (2);

by leaving it at that person’s last known residential address if service cannot be effected under sub‑paragraph (a), (b), (c) or (d).

The order may be served in a manner specified in paragraph (1)(d) only if both of the following conditions are satisfied:

the person to whom the order is to be served gives that person’s prior written consent for the order to be served in that manner;

that person specifies, in that written consent, the email address or digital mobile telephone number to which the order is to be sent.Prisoner to bear costs of prescribed expenses incurred when released on home detention order

the costs of the prisoner’s meals incurred outside the limits of any prison for the duration of the home detention order;

the costs of the prisoner’s medical expenses incurred outside the limits of any prison for the duration of the home detention order;

the costs of any educational or occupational training programme, or any other activity for the purpose of facilitating the prisoner’s rehabilitation and reintegration into society (each called in this regulation the specified activity) that the prisoner is required to attend as specified in the home detention order;

the costs of the prisoner’s transport between any of the following places:

the prison from which the prisoner is released for home detention;

the place (as specified in the home detention order) where the prisoner is required to attend the specified activity;

the prisoner’s place of residence;

any other place specified in the home detention order;

any other costs of the prisoner’s daily living expenses incurred outside the limits of any prison for the duration of the home detention order.PART 7EXTERNAL PLACEMENT SCHEMEReferral to External Placement Review Board83.—

There is to be an External Placement Review Board for one or more prisons, or more than one External Placement Review Board for one prison.

The Commissioner must refer all of the following matters in relation to a prisoner of a prison (if applicable) to the External Placement Review Board for the prison:

whether the Minister should direct the Commissioner to make an external placement order under section 59B(1) of the Act in respect of the prisoner;

whether the Minister should direct the Commissioner to extend the duration of the prisoner’s external placement order under section 59B(2) of the Act;

whether the Minister should cancel the prisoner’s external placement order under section 59H(1) of the Act.

Without affecting paragraph (2), the Commissioner may refer any other matter relating to the external placement scheme established under Part 6A of the Act to a relevant External Placement Review Board.

Before the Minister gives any direction or makes any decision in relation to an external placement order in respect of a prisoner’s case, the Commissioner must refer the prisoner’s case to an External Placement Review Board for the prison in which the prisoner is in.

The External Placement Review Board must consider any matter referred to it under paragraph (2), (3) or (4) and make a recommendation for the Minister’s or the Commissioner’s decision, as the case may be.

In making its recommendation to the Minister, the External Placement Review Board must have regard to the factors in section 59B(3)(a) of the Act and may have regard to the factors in section 59B(3)(b) of the Act.Service of notice of variation of conditions for external placement, etc.84.—

For the purposes of section 59D(4)(b) of the Act, a written notice under section 59D(3) of the Act may also be served by any of the following means:

by addressing it to that person and delivering it at that person’s last known residential address to an adult person who is a member of that person’s family;

by sending it by prepaid registered post addressed to that person at that person’s last known residential address;

by addressing it to that person and sending it by fax to that person’s last known fax number;

by addressing it to that person, and sending it to an email address or a digital mobile telephone number specified by that person in accordance with paragraph (2);

by leaving it at that person’s last known residential address if service cannot be effected under sub‑paragraph (a), (b), (c) or (d).

The notice may be served in a manner specified in paragraph (1)(d) only if both of the following conditions are satisfied:

the person to whom the notice is to be served gives that person’s prior written consent for the notice to be served in that manner;

that person specifies, in that written consent, the email address or digital mobile telephone number to which the notice is to be sent.Prisoner to bear costs of prescribed expenses incurred when released on external placement order

the costs of the prisoner’s meals incurred outside the limits of any prison for the duration of the external placement order;

the costs of the prisoner’s medical expenses incurred outside the limits of any prison for the duration of the external placement order;

the costs of the prisoner’s transport between any of the following places:

the prison from which the prisoner is released for external placement;

the prisoner’s place of residence;

any other place specified in the prisoner’s external placement order;

any other costs of the prisoner’s daily living expenses incurred outside the limits of any prison for the duration of the external placement order.PART 8EMPLOYMENT PREPARATION SCHEMEReferral to Employment Preparation Advisory Committee86.—

There is to be an Employment Preparation Advisory Committee for one or more prisons, or more than one Employment Preparation Advisory Committee for one prison.

The Commissioner, or the Superintendent of a prison subject to the direction of the Commissioner, may refer any one or more of the following matters in relation to a prisoner of the prison, to the Employment Preparation Advisory Committee for the prison:

if the prisoner is eligible to be released for employment preparation under section 59L(1) of the Act — whether the Commissioner should make an employment preparation order under section 59K of the Act in respect of the prisoner;

any other matter relating to the employment preparation scheme established under Part 6B of the Act.

The Committee must consider the matters referred to it under paragraph (2) and make a recommendation for the Commissioner’s decision.Service of order of variation of conditions for employment preparation, etc.87.—

For the purposes of section 59M(4)(b) of the Act, an order under section 59M(3) of the Act may also be served by any of the following means:

by addressing it to that person and delivering it at that person’s last known residential address to an adult person who is a member of that person’s family;

by sending it by prepaid registered post addressed to that person at that person’s last known residential address;

by addressing it to that person and sending it by fax to that person’s last known fax number;

by addressing it to that person, and sending it to an email address or a digital mobile telephone number specified by that person in accordance with paragraph (2);

by leaving it at that person’s last known residential address if service cannot be effected under sub‑paragraph (a), (b), (c) or (d).

The order may be served in a manner specified in paragraph (1)(d) only if both of the following conditions are satisfied:

the person to whom the order is to be served gives that person’s prior written consent for the order to be served in that manner;

that person specifies, in that written consent, the email address or digital mobile telephone number to which the order is to be sent.Prisoner to bear costs of prescribed expenses incurred when released on employment preparation order

the costs of the prisoner’s meals incurred outside the limits of any prison for the duration of the employment preparation order;

the costs of the prisoner’s medical expenses incurred outside the limits of any prison for the duration of the employment preparation order;

the costs of any educational or occupational training programme, or any other activity for the purpose of facilitating the prisoner to be gainfully employed (each called in this regulation the specified activity) that the prisoner is required to participate in as specified in the employment preparation order;

the costs of the prisoner’s transport between any of the following places:

the prison from which the prisoner is released for employment preparation;

the prisoner’s place of employment specified in the employment preparation order;

the place (as specified in the employment preparation order) where the prisoner is required to participate in the specified activity;

the prisoner’s place of residence;

any other place specified in the prisoner’s employment preparation order;

any other costs of the prisoner’s daily living expenses incurred outside the limits of any prison for the duration of the employment preparation order.Compulsory savings

must deposit a proportion (as specified by the Commissioner) of the wages earned by the prisoner during the prisoner’s employment as compulsory savings in an account with the Singapore Prison Service, to be opened in the name of the prisoner; and

must not withdraw any amount of those compulsory savings without the prior approval of the Superintendent of the prison.PART 9PERSONS DETAINED FOR SAFE CUSTODYApplication of this Part

any person mentioned in section 68(1) of the Act;

any person committed to a prison for safe custody only.Discretion of Superintendent to modify routine

The person may be allowed to receive items such as books, papers and food, as are consistent with the good order of the prison or the discipline of prisoners in the prison.

All the items must be received or brought through as allowed by the Commissioner.

Except with the permission of the Superintendent of a prison, paragraph (1) does not apply to a prisoner detained in the prison under an order made by the Controller of Immigration under the Immigration Act 1959.Withdrawal of privileges

may withdraw or curtail any privilege of the person mentioned in regulation 92(1) if the person abuses the privilege; and

must ensure that the particulars of the withdrawal or curtailment of the privilege is duly recorded.Medical practitioner of choice

the person is awaiting trial; and

it is necessary for the purposes of the person’s defence in criminal proceedings in which the person is an accused person.PART 10TREATMENT OF PRISONERS AWAITING CAPITAL PUNISHMENTConfinement of prisoners awaiting capital punishment

must be confined apart from all other prisoners in the prison; and

must be under the close supervision of a prison officer of the prison.Restricted access to prisoner96.—

A person must not have access to a prisoner in a prison awaiting capital punishment without a written order of the Commissioner, except a medical officer for the prison, any prison officer in the course of duty and, if required by the prisoner, a minister of religion.

A prison officer must be present during the whole of every such access to the prisoner by the medical officer or minister of religion.Gallows and executions

the gallows and other equipment used for executions in the prison are properly maintained; and

executions in the prison are carried out in accordance with the law and the procedures approved by the Commissioner.”.