Regulation 6

The Commissioner must ensure that if a prisoner is admitted to a prison, a record containing the following information is created and kept updated:

the prisoner’s name;

the prisoner’s identification number;

a photograph of the prisoner;

the prisoner’s fingerprint impressions and any of the prisoner’s physiological data necessary for identifying or authenticating the identity of the prisoner using a biometric authenticating system;

any other particulars about the prisoner that the Commissioner may require.

For the purposes of paragraph (1), a prison officer may do either or both of the following:

require a prisoner to give any information mentioned in that paragraph;

measure, photograph or take the fingerprint impressions or other records of, a prisoner.Examination by medical officer upon admission, etc.27.—

A prisoner must be examined by a medical officer as soon as possible after admission.

The medical officer examining a prisoner must record the state of health of the prisoner and any other particulars that the medical officer considers necessary.

Without limiting paragraph (1), a medical officer may —

require a prisoner in a prison to submit to an examination; or

direct that a prisoner in a prison submit to an examination by a medical practitioner who is registered under section 22(1) of the Medical Registration Act 1997 as a specialist in a relevant branch of medicine,for the purposes of the health or safety of any person (including the prisoner) in the prison.Division 2 — Health of prisonersExamination of prisoners for infectious diseases28.—

A medical examination of a prisoner in a prison for the purposes of this regulation must be carried out —

by a medical officer for the prison; and

for the purposes of ascertaining whether the prisoner is suffering from, or is a carrier of, any infectious disease.

The Commissioner or the Superintendent of a prison may require a prisoner in the prison to undergo a medical examination.

If a prisoner in a prison refuses to undergo, or provide any sample necessary for the purposes of, a medical examination, the Commissioner or the Superintendent of the prison (or a prison officer authorised by the Commissioner or Superintendent) may direct that the prisoner be detained separately from any other prisoner until the prisoner undergoes a medical examination.

Without affecting paragraph (2) or (3), if a medical officer for a prison suspects that a prisoner in the prison is suffering from, or is a carrier of, any infectious disease, the medical officer must, without delay, notify the Superintendent of the prison (or a prison officer authorised by the Superintendent) in writing.

If a medical officer for a prison ascertains that a prisoner in the prison is (or is likely to be) suffering from, or is (or is likely to be) a carrier of, any infectious disease, the medical officer must, without delay, give to the Superintendent of the prison (or a prison officer authorised by the Superintendent) a written report containing —

the medical officer’s diagnosis; and

the medical officer’s recommendations on —

treating the prisoner; and

preventing the spread (or possible spread) of the infectious disease to other persons.

Without limiting section 42 of the Act, the Superintendent of the prison or the prison officer (as the case may be) may —

upon receiving a written notice mentioned in paragraph (4) in respect of a prisoner in the prison — direct that the prisoner be detained separately from any other prisoner until the prisoner undergoes a medical examination; or

upon receiving a written report mentioned in paragraph (5) in respect of a prisoner in the prison — direct that the prisoner be detained separately from any other prisoner until a medical officer for the prison certifies that —

the prisoner is free from infection; or

there is no risk of spreading the infectious disease to other persons.Confidentiality in handling of prisoners with AIDS or other sexually transmitted disease29.—

This regulation applies to a person who, as a consequence of any action taken under regulation 27 or 28, is aware or has reasonable grounds for believing that a prisoner in a prison —

has Acquired Immune Deficiency Syndrome;

is infected with the Human Immunodeficiency Virus;

is suffering from a sexually transmitted disease; or (d)is a carrier of a sexually transmitted disease.

The person must not disclose that information to another person except —

with the consent of the prisoner;

in accordance with regulation 28;

when ordered to do so by a court;

to any person who is treating, caring for or handling the prisoner;

to the victim of a sexual assault by the prisoner; or

if such disclosure is allowed under section 25 of the Infectious Diseases Act 1976.Vaccinations

in terms of nutritional value, adequate for the basic health of the prisoner, taking into account the prisoner’s daily energy requirements; and

appropriate for the prisoner’s medical condition, in accordance with the directions of a medical officer for the prison.Time out of cell32.—

Subject to the need to maintain the discipline of prisoners in the prison and ensure the good order of the prison, and paragraph (2), every prisoner in a prison is to be given the opportunity to spend time out of the prisoner’s cell for any period that may be allowed or specified by the Superintendent of the prison.

Paragraph (1) does not apply to any prisoner —

who is confined in a punishment cell under section 70(1)(a), 71(1)(b) or 74(2)(a) of the Act; or

who is subject to a regime by the Commissioner under regulation 52(2)(b) where time out of the prisoner’s cell is restricted,unless a medical officer for the prison certifies that it is necessary for the prisoner’s health that the prisoner be given the opportunity.Observation of prisoners awaiting trial on capital charges

A medical officer for a prison must make a report to the Superintendent of the prison if the medical officer considers that —

a prisoner in the prison will not survive the prisoner’s imprisonment because of any illness or disease; or

a prisoner in the prison is totally and permanently unfit for prison life and discipline.

The Superintendent of the prison must forward the report to the Commissioner, and the Commissioner, upon receiving the report, may refer the prisoner’s case to an External Placement Review Board for the prison under regulation 83.Division 3 — Female prisonersTreatment of female prisoners35.—

A male person (including a male prison officer) in a prison must not —

attend to a female prisoner; or

be in the same room as a female prisoner,unless he is accompanied by a female person who is not a prisoner.

However, in the event of an emergency or an exceptional situation specified in the Prison Standing Orders, a male person (including a male prison officer) in a prison may —

attend to a female prisoner; or (b)be in the same room as a female prisoner,to respond to the emergency or exceptional situation if he is, as far as is reasonably practicable, accompanied by another prison officer.

If any male person (including a male prison officer) attends to, or must be in the same room as, a female prisoner in accordance with paragraph (2), he must make a report of the incident to the Superintendent of the prison as soon as possible.

In this regulation, “emergency” means an actual or imminent event that causes, or threatens to cause —

any harm or danger to the life, health or safety of any female prisoner; or

any destruction of, or danger to, any property.Child born during imprisonment36.—

The Commissioner may allow a child born to a female prisoner during her imprisonment to stay with the female prisoner in the prison if the Commissioner considers this to be in the child’s best interests, having regard to the female prisoner’s fitness to care for the child.

If the Commissioner does not allow a child to stay with a female prisoner in the prison under paragraph (1), the child must be placed under alternative care outside of prison as soon as practicable.

The Superintendent of a prison must ensure that a child who is allowed to stay with a female prisoner in the prison under paragraph (1) is provided with basic necessities, adequate nutrition and healthcare.

The female prisoner is responsible for the safety and care of the child while the child stays with her.Division 4 — Grooming requirementsStandard of grooming for prisoners37.—

Subject to paragraph (3), a prisoner must comply with the standard of grooming that is applicable to the prisoner, as specified in the Prison Standing Orders.

To avoid doubt, the standard of grooming that is applicable to a prisoner under paragraph (1) includes any applicable modification approved on the ground of a religious practice, as specified in the Prison Standing Orders.

The Superintendent of a prison may allow a prisoner in the prison to shave or have the prisoner’s hair cut despite any modification to the standard of grooming mentioned in paragraph (2) that is applicable to the prisoner.Division 5 — Rehabilitation, instruction and recreationSocial rehabilitation38.—

If the Superintendent of a prison considers it desirable, a prisoner in the prison must, so far as is practicable, be encouraged and assisted to maintain or establish any relations with persons or agencies outside the prison that may promote the best interests of the prisoner’s family or the prisoner’s social rehabilitation.

The Superintendent of a prison may at any time communicate (or authorise communication) to a prisoner in the prison or to the prisoner’s family or friends, any matter of importance to the prisoner.Religious observances39.—

The holding of religious services for prisoners must be consistent with prison security and the discipline of prisoners in the prison.

When visiting prisoners, a minister of religion may be allowed in every facility consistent with prison security and the discipline of prisoners in the prison.

Without limiting paragraph (1), a Muslim prisoner is allowed to observe the fast of Ramadan, subject to any medical considerations.Reading material and recreation40.—

A prisoner in a prison must not receive or keep any reading material unless allowed by the Superintendent of the prison.

The Superintendent of a prison may confiscate (or authorise the confiscation of) any reading material with objectionable content.

The Superintendent of a prison may allow recreation for the prisoners in the prison, subject to the considerations of the discipline of prisoners in the prison and the good order of the prison.No unauthorised communications by prisoner

A prisoner is not allowed to receive any visitor or send or receive any letter without —

the written order of the Commissioner;

permission granted in accordance with this Division; or

authorisation under this Division.

In this Division, a letter includes an electronic mail.”.