Uganda Prisons Service Act Pdf Download

By | May 14, 2022

Uganda Prisons Service Act Pdf Download

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The Prisons Rules.

Arrangement of Rules.

Rule

PART I—PRELIMINARY.

1.Citation.

2.Interpretation.

3.Manner in which Rules shall be applied.

PART II—CLASSIFICATION OF PRISONS AND PRISONERS.

4.Designation of prisons or parts of prisons for particular classes of prisoners.

5.Classification of prisoners.

6.Reception boards.

7.Transfer of prisoners between classes; segregation and identification of classes.

8.Institution of other classes.

9.Progressive stage system.

10.First stage.

11.Second stage.

12.Third stage.

13.Fourth stage.

14.Special stage.

15.Reduction to lower stage.

16.Uniform or badge for stages.

17.Stage system of privileges.

18.Further privileges.

19.Earnings scheme.

20.Rate of earnings.

21.Use of earnings.

22.No earning in hospital.

PART III—MEDICAL OFFICERS AND THE HEALTH OF PRISONERS.

23.Prison infirmaries.

24.Power of medical officer to depute his or her duties and functions.

25.Medical officer to attend regularly.

26.Examination of prisoners.

27.Duties of medical officer.

28.Advice of medical officer on removal of prisoners.

29.Mental condition of prisoners.

30.Spread of disease.

31.Books to be kept.

32.Vaccination and inoculation of prisoners.

PART IV—ACCOMMODATION IN AND GENERAL MANAGEMENT OF PRISONS.

33.Sleeping accommodation.

34.Cleanliness of prisons.

35.Punishment cells.

36.Search on admission.

37.Manner in which prisoners shall be searched.

38.Prisoners’ property.

39.Recording of particulars.

40.Fingerprints.

41.Photographs.

42.Baths.

43.Medical examination.

44.Information for prisoners to be provided in cells or wards.

45.Information to be given personally to prisoners.

PART V—TREATMENT OF PRISONERS.

46.Use of force; provoking prisoners.

47.Clothing of prisoners.

48.Bedding of prisoners.

49.Changing of prisoners’ clothes.

50.Food of prisoners.

51.Prisoners not to have alcoholic drinks or tobacco without permission.

52.Cutting of prisoners’ hair.

53.Exercise.

54.Visits and letters.

55.Transfer of prisoner to enable him or her to be visited.

56.Postponement of privilege of visits and letter writing and receiving; additional letters and visits.

57.Visits to sick prisoners.

58.Restrictions and conditions relating to visits.

59.Restriction on the reading and receipt of letters.

60.Visits by advocates and diplomatic representatives.

61.Visits and letters of debtors.

62.Visits by police officers and process servers.

63.Ministers of religion and religious instruction.

64.Education and recreation of prisoners.

65.Prison visitors.

66.Petitions and complaints.

PART VI—DISCIPLINE OF PRISONERS.

67.Minor prison offences.

68.Aggravated prison offences.

69.Inquiry into prison offences.

70.Punishments by junior prison officers.

71.Transfer of cases to senior prison officers.

72.Punishments by senior prison officers for minor prison offences.

73.Punishments by senior prison officers for aggravated prison offences.

74.Transfer of cases to the commissioner.

75.Power of punishment of commissioner.

76.Clothing and bedding.

77.Confinement in separate cells.

78.Corporal punishment.

79.Punishment in different prisons.

80.Forfeiture of remission.

81.Punishment books to be kept.

82.Ordinary law not affected.

83.Mechanical restraint of prisoners.

84.Escapes.

85.Action on report of an escape.

86.Treatment of escapees.

87.Employment of prisoners.

88.Work of unfit prisoners.

89.Work of female prisoners.

90.Hours of work.

91.Record of work.

92.Holidays.

SEE ALSO: Uganda Prisons Service Officers Recruitment Application Deadline

 

PART VII—PERIOD AND REMISSION OF SENTENCES INCLUDING RELEASE ON

LICENCE.

93.Calculation of length of total imprisonment when a prisoner is sentenced to more than one term of imprisonment.

94.Calculation of dates in relation to imprisonment.

95.Officer in charge responsible for due release of prisoners.

96.Rules for calculating amount of remission.

97.Remission system to be explained to prisoners.

98.Records of remission to be kept.

99.Review of sentences.

100.Release on licence.

101.Form and conditions of licences.

102.Parole licences.

PART VIII—TREATMENT OF SPECIAL CLASSES OF PRISONERS.

103.Appellant prisoners.

104.Unconvicted prisoners.

105.Prisoners under sentence of death.

106.Access to prisoners under sentence of death.

107.Execution of prisoners sentenced to death.

PART IX—VISITING JUSTICES AND THE AFTERCARE OF PRISONERS.

108.Visiting justices to visit prisons.

109.Officers who are to accompany visiting justices.

110.Visiting justices to hear complaints.

111.Minute book to be kept.

112.Visiting justices to call attention to irregularities.

113.Boards of visiting justices.

114.Discharge board.

115.Fares for discharged prisoners.

PART X—DUTIES OF PRISON OFFICERS AND THE PRISON OFFICERS

REWARD FUND.

116.General duty of prison officers and penalties.

117.Books, etc. to be kept by officer in charge.

118.Visits by officer in charge.

119.Duties of officer in charge in respect of health of prisoners.

120.Special duties of officer in charge in relation to custody of prisoners.

121.Officer in charge to interview prisoners.

122.Petitions to be forwarded.

123.Absence of officer in charge.

124.Principal officer or jailer.

125.Journal and records to be kept by principal officer or jailer and books in his custody.

126.Special duties of principal officer or jailer.

127.Duties of principal officer or jailer in respect of sick prisoners.

128.Absence of principal officer or jailer.

129.Relief of subordinate officer from duty.

130.Application of rules to matrons.

131.Duties of gatekeeper.

132.Living quarters of prison officers.

133.Illness of prison officers.

134.Prison officers not to leave prisoners when outside a prison.

135.Checking of keys.

136.Duties on handing over.

137.Information to be given to superior officers.

138.Counting of prisoners.

139.Prison officers not to enter cells or wards at night alone.

140.Prison officers to report cases of sickness.

141.Prison officers not to be absent from a prison during working hours.

142.Visitors not to be received.

143.Uniforms to be delivered up.

144.Prison Officers Reward Fund.

Schedules

First Schedule

Scales of diet.

Second Schedule Forms and conditions of licences.

THE PRISONS ACT.

Statutory Instrument 304—4.

The Prisons Rules.

(Under section 74 of the Act.)

PART I—PRELIMINARY.

1.Citation.

These Rules may be cited as the Prisons Rules.

2.Interpretation.

In these Rules, unless the context otherwise requires—

(a)“long-sentence prisoner” means a prisoner who is sentenced to imprisonment for a period of or exceeding six months or for consecutive periods the total of which amounts to or exceeds six months;

(b)“short-sentence prisoner” means a prisoner who is sentenced to imprisonment for a period of less than six months or for consecutive periods the total of which is less than six months.

3.Manner in which Rules shall be applied.

These Rules shall be applied, due allowance being made for difference in character and respect for discipline of various types of prisoners, in accordance with the following principles—

(a)discipline and order shall be maintained with fairness but firmness, and with no more restriction than is required for safe custody and to ensure a well-ordered community life;

(b)in the control of prisoners, prison officers should seek to influence them, through their own example and leadership, so as to enlist their willing cooperation; and

(c)at all times the treatment of convicted prisoners shall be such as to encourage their self-respect and sense of personal responsibility, so as to rebuild their morale, to inculcate in them the habit of good citizenship and hard work, to encourage them

to lead a good and useful life on discharge and to fit them to do so.

PART II—CLASSIFICATION OF PRISONS AND PRISONERS.

4.Designation of prisons or parts of prisons for particular classes of prisoners.

The commissioner may set aside prisons or parts of prisons for the detention of particular classes of prisoners.

5.Classification of prisoners. Uganda Prisons Service Act

With a view to facilitating the training of prisoners and of minimising the danger of contamination, prisoners shall be classified having regard to their age, character and previous history in the following classes— Uganda Prisons Service Act

(a)young prisoner class, which shall consist of convicted criminal prisoners under the apparent age of seventeen years, or young convicted criminal prisoners of whatever age who in the opinion of the officer in charge should not, having regard to their age and character, be classed with adult prisoners; Uganda Prisons Service Act

(b)star class, which shall consist of convicted criminal prisoners not being in the young prisoner class who are first offenders or well behaved prisoners who the officer in charge is satisfied have no vicious tendencies or habits; Uganda Prisons Service Act

(c)ordinary class, which shall consist of all convicted criminal prisoners who are not in the young prisoner class or star class;

(d)unconvicted class, which shall consist of all debtors, persons on remand or awaiting trial, vagrants, or persons detained for safe custody or for want of sureties, who have not been convicted. Uganda Prisons Service Act

6.Reception boards.

(1)At every prison there shall be a reception board consisting of the officer in charge and such other persons as the commissioner may determine, who shall interview every prisoner as soon as possible after his or her reception in prison, and consider what arrangements are to be made for his or her training. Uganda Prisons Service Act

(2)The reception board shall as soon as possible after reception,

classify all prisoners sentenced to imprisonment, having regard to their age, character and previous history.

7.Transfer of prisoners between classes; segregation and identification of classes. Uganda Prisons Service Act

(1)The officer in charge may in his or her discretion at any time remove from the young prisoner class a prisoner of seventeen years of age or over whom he or she regards as unsuitable by character for that class, and may place him or her in the star class.

(2)The officer in charge may in his or her discretion at any time remove from the star class to the ordinary class a prisoner whose character has shown him or her to be unfit to associate with other prisoners of the star class. Uganda Prisons Service Act

(3)Arrangements shall be made at all prisons to provide, so far as is practicable, for the effective segregation from each other at all times of the various classes of prisoners. Uganda Prisons Service Act

(4)The commissioner may require each class of convicted criminal prisoner to wear a distinguishing badge or uniform.

8.Institution of other classes.

The commissioner may institute such other classes as may in his or her opinion be necessary for improving the method of classification, and he or she may in his or her discretion authorise in particular cases, or at particular prisons, departure from the provisions of rule 7 of these Rules. Uganda Prisons Service Act

9.Progressive stage system.

(1)All convicted criminal prisoners shall serve their sentences in accordance with the progressive stage system prescribed in these Rules.

(2)For the purposes of the progressive stage system the length of a prisoner’s sentence shall be deemed to be the total of all consecutive or overlapping sentences. Uganda Prisons Service Act

10.First stage.

(1)All short-sentence prisoners shall be in and remain in the first stage for the whole of their sentence and shall be employed at ordinary or light labour. Uganda Prisons Service Act

(2)Subject to good conduct and industry, prisoners in the first stage shall be eligible to receive on release a gratuity of such an amount as the Minister shall from time to time direct. Uganda Prisons Service Act

(3)As a punishment for a disciplinary offence or as a part of that punishment the commissioner or an officer in charge may forfeit all or part of the gratuity earned by a prisoner in the first stage. Uganda Prisons Service Act

11.Second stage.

(1)On admission to prison a long-sentence prisoner shall be placed in the second stage and shall remain in that stage for three months and shall not be promoted to the third stage until he or she has served for not less than one month without being found guilty of a disciplinary offence. Uganda Prisons Service Act

(2)Prisoners in the second stage shall be employed at ordinary or light labour but shall not participate in the earning scheme.

12.Third stage.

(1)A long-sentence prisoner after serving three months in the second stage or such longer period as he or she may be required to serve in it shall enter the third stage and shall remain in that stage for fifteen months and shall not be promoted to the fourth stage until he or she has served for not less than three months without being found guilty of a disciplinary offence.

(2)Prisoners in the third stage shall be employed at ordinary or light labour or such other labour as the officer in charge may direct and subject to industry and good conduct to the satisfaction of the officer in charge shall participate in the earnings scheme. Uganda Prisons Service Act

13.Fourth stage.

(1)A long-sentence prisoner after serving fifteen months in the third stage or such longer period as he or she may be required to serve in it shall

enter the fourth stage and shall remain in that stage for eighteen months but shall not be promoted to the special stage until he or she has served for not less than six months without being found guilty of a disciplinary offence.

(2)Prisoners in the fourth stage shall be employed at ordinary or light labour or such other labour as the officer in charge may direct and subject to industry and good conduct to the satisfaction of the officer in charge shall participate in the earnings scheme. Uganda Prisons Service Act

14.Special stage.

(1)A long-sentence prisoner after serving eighteen months in the fourth stage or such longer period as he or she may be required to serve in it shall be eligible to enter the special stage.

(2)A prisoner in the special stage shall be known as an “honour prisoner” and shall be employed at such labour as the officer in charge shall direct and subject to industry and good conduct to the satisfaction of the officer in charge shall participate in the earnings scheme.

(3)A prisoner in the special stage, whose conduct has been continuously excellent from the time of his or her entering the fourth stage, shall, if he or she be in the special stage for at least two years, be eligible for discharge seven days earlier, subject to this special remission being granted by the commissioner.

15.Reduction to lower stage.

(1)As a punishment or part of a punishment for a disciplinary offence the commissioner or the officer in charge may reduce a prisoner from the stage he or she is in to a lower stage.

(2)A prisoner reduced to a lower stage shall not be entitled to reenter his or her previous stage unless—

(a)in the case of a reduction from stage three or stage four, he or she serves for three months without being found guilty of a disciplinary offence;

(b)in the case of a first reduction from the special stage, he or she serves six months without being found guilty of a disciplinary offence; or

(c)in the case of a second reduction from the special stage, he or she completes twelve months without being found guilty of a disciplinary offence.

(3)In addition to reducing a prisoner to a lower stage as a punishment for a disciplinary offence, the commissioner or the officer in charge, as the case may be, may forfeit all or part of the earnings of the prisoner, or reduce the rate of his or her earnings or remove him or her from the earnings scheme and may combine two or more such punishments.

16.Uniform or badge for stages.

The commissioner may direct that prisoners in each stage shall wear a special uniform or badge.

17.Stage system of privileges.

(1)The commissioner shall, in the interests of good conduct and training, establish at every prison such system or systems of privileges as may be appropriate for the different classes of prisoners.

(2)The other privileges of prisoners in the various stages shall be as

follows—

(a)first and second stages—a prisoner in these stages shall be allowed to have library books and exchange them as often as may be practicable and shall be eligible to attend such concerts, cinema shows and lectures as the officer in charge may direct;

(b)third stage—a prisoner in this stage shall be eligible to be placed on the earnings scheme and may attend concerts, cinema shows and lectures, and handicraft and school classes. He or she shall be allowed to have library books and exchange them as often as may be practicable;

(c)fourth and special stages—a prisoner in these stages shall be allowed to attend concerts, cinema shows, lectures, school and handicraft classes and partake in other evening activities which may be arranged. He or she may have approved means of recreation in his or her cell and may be permitted to leave the prison under escort to take part in competitive games approved by the officer in charge. He or she shall be allowed to have library books and exchange them during the hours when the

library is open;

(d)a special stage prisoner shall, whenever possible, be permitted to occupy dormitory accommodation and where this is not possible his or her cell will be provided with special furniture. Extra bedding may be issued to him or her. He or she shall not be locked in his or her cell or dormitory at midday or until one hour after the normal hour of lockup. Similar facilities may be provided at weekends. A special stage prisoner may be permitted to move about within the prison without escort.

(3)Prisoners in all stages shall be eligible to receive suitable books or periodicals of an educational nature subject to such directions as the commissioner shall from time to time give.

18.Further privileges.

The commissioner may direct that prisoners in any stage shall be eligible to receive other privileges which they shall be liable to forfeit as a punishment or part of the punishment for disciplinary offences.

19.Earnings scheme.

(1)Prisoners eligible under these Rules to participate in the earnings scheme shall be classified in the following grades—

(a)grade A—prisoners who in the opinion of the commissioner are of exemplary conduct and are skilled in their trade and all special stage prisoners;

(b)grade B—prisoners who in the opinion of the officer in charge are of good conduct and are semiskilled in their trade;

(c)grade C—all prisoners eligible to participate in the earnings scheme who are not grade A or B.

(2)Promotions to grade A shall be made by the commissioner; promotion to grade B shall be made by the officer in charge.

(3)Prisoners engaged in collective work shall be graded in grade C but may receive additional payment for work completed in excess of a fixed task; but no such prisoner shall earn more than a grade A prisoner.

20.Rate of earnings.

The rate of earnings in each grade shall be fixed by the Minister.

21.Use of earnings.

A prisoner in the earnings scheme may spend up to a maximum of two-thirds of the total of his or her monthly earnings upon the purchase of tobacco and such other goods as may be allowed by the officer in charge on the instructions of the commissioner; the balance of the earnings shall be placed to the credit of the prisoner, and the total credit shall be paid to him or her on release.

22.No earning in hospital.

No prisoner shall be eligible to be paid a gratuity or earn under the earnings scheme for days spent in a hospital.

PART III—MEDICAL OFFICERS AND THE HEALTH OF PRISONERS.

23.Prison infirmaries.

In every prison an infirmary or proper place for the care and reception of sick prisoners shall be provided.

24.Power of medical officer to depute his or her duties and functions.

Subject to the directions of the chief medical officer, a medical officer may depute any of his or her functions or duties under this Part of these Rules to any person whom he or she considers is suitably qualified to carry out those functions or duties.

25.Medical officer to attend regularly.

The medical officer shall attend at the prison for which he or she is responsible either daily or at regular intervals.

26.Examination of prisoners.

(1)The medical officer shall examine prisoners on the following occasions—

(a)on the prisoner’s admission to prison;

(b)prior to the prisoner being required to undergo any class of labour of a more strenuous nature than labour that he or she has been certified fit to undertake, and shall certify whether the prisoner is to undergo the labour;

(c)prior to the prisoner undergoing corporal punishment or any other punishment likely to effect his or her health and shall certify whether the prisoner is fit to undergo the punishment;

(d)prior to discharge of the prisoner from prison; and

(e)prior to transfer of the prisoner to another prison.

(2)A prisoner due for discharge who is suffering from any acute or dangerous illness or who is so recommended by the medical officer shall be transferred to a hospital.

(3)If a prisoner is found to be suffering from any infectious or contagious disease, or to be in a verminous condition, steps shall be taken immediately to treat the condition and to prevent it from spreading to other prisoners.

27.Duties of medical officer.

(1)The medical officer shall—

(a)see every prisoner once a week;

(b)see every prisoner held on a capital charge or sentenced to death or in close confinement every day;

(c)inspect the prisoners at work from time to time; and

(d)at least once every month inspect the whole prison with particular attention to the cooking and sanitary equipment in the prison.

(2)As a result of his or her examinations and inspections a medical officer may recommend modifications in labour, diet or punishment either generally, or in relation to a class of prisoner or in relation to a particular prisoner.

28.Advice of medical officer on removal of prisoners.

(1)The medical officer shall advise the officer in charge as to any prisoners who should be transferred from a prison to a hospital, mental hospital or leper settlement.

(2)The medical officer shall advise the officer in charge as to any prisoner who should be released by reason of his or her health being likely to be endangered by remaining in prison, or being unlikely to survive his or her sentence or being permanently unfit for prison discipline.

29.Mental condition of prisoners.

(1)The medical officer shall keep observation on the mental health of all prisoners held on a capital charge or sentenced to death and on all convicted criminal prisoners with long sentences.

(2)The medical officer shall report to the officer in charge any case where he or she considers a prisoner is mentally disordered.

(3)The medical officer shall submit to the officer in charge in respect of every prisoner held on a capital charge a full report on the mental state of the prisoner four days before his or her trial in the High Court and not more than three weeks after his or her conviction.

(4)All reports made under subrule (3) of this rule shall be forwarded to the commissioner who shall forward them either to the Director of Public Prosecutions or the Advisory Committee on the Prerogative of Mercy.

30.Spread of disease.

The medical officer shall take all measures necessary to prevent the spread of infectious or contagious diseases.

31.Books to be kept.

The medical officer shall keep the following books and records—

(a)a case book showing the name, disease and treatment of every sick prisoner;

(b)a journal containing his or her comments on the state of the prison and prisoners;

(c)a case book giving full details of the medical history, cause of death and treatment of every prisoner who dies in the prison other than by judicial execution; and

(d)a report from time to time on the nature and quality of the food

of the prisoners both before and after cooking.

32.Vaccination and inoculation of prisoners.

(1)If the medical officer considers it necessary for the health of any particular prisoner, or for the health of other prisoners or members of the public, he or she may arrange for the vaccination or inoculation of any prisoner, and subject to subrule (2) of this rule, any prisoner who refuses to be vaccinated or inoculated commits a disciplinary offence.

(2)If the officer in charge is satisfied that a prisoner has a bona fide conscientious objection to being vaccinated or inoculated, he or she may excuse him or her from vaccination or inoculation.

PART IV—ACCOMMODATION IN AND GENERAL MANAGEMENT OF PRISONS.

33.Sleeping accommodation.

(1)Prisoners shall sleep in communal wards or in separate cells as the officer in charge shall direct in respect of each prisoner.

(2)Male and female prisoners shall be kept absolutely separate from each other and shall be confined in different buildings.

(3)The wards, cells and yards where women prisoners are confined shall be secured by locks different from those securing the wards, cells and yards allotted to male prisoners.

(4)Women prisoners shall in all cases be attended by women prison

officers.

(5)A male prison officer shall not enter a prison or part of a prison appropriated to women prisoners except on duty, and unless accompanied by a woman prison officer.

(6)Prisoners appearing to be under seventeen years of age, whether male or female, shall be kept apart as far as practicable from adults, and confined in separate buildings or a separate part of the prison.

(7)The medical officer shall certify the number of prisoners that may

sleep in one ward or cell.

34.Cleanliness of prisons.

The prison and every room and part of it shall be kept clean; and every prisoner shall keep his or her cell, ward, utensils, books and other articles issued for his or her use, and his or her clothing and bedding, clean and neatly arranged, as may be ordered, and shall clean and sweep the yards, passages, and other parts of the prison as he or she may be ordered.

35.Punishment cells.

In every prison, cells shall from time to time be set aside for the confinement of prisoners undergoing punishment for prison offences; every such cell shall be certified as fit to be used for that purpose by the medical officer.

36.Search on admission.

Every prisoner shall be searched when taken into custody by a prison officer, on admission into prison, and at such subsequent times as the officer in charge shall direct, and all unauthorised articles shall be taken from him or her.

37.Manner in which prisoners shall be searched.

(1)The searching of a prisoner shall be conducted in as seemly a manner as is consistent with the necessity of discovering concealed articles.

(2)No prisoner shall be stripped and searched in the sight of another

prisoner.

(3)A prisoner shall be searched only by officers of the same sex as the prisoner.

38.Prisoners’ property.

(1)Subject to subrule (2) of this rule, all money, clothing or other effects belonging to a prisoner which he or she is not allowed to retain shall be placed in the custody of the officer in charge, who shall keep an inventory of the property, which shall be signed by the prisoner; except that the officer

in charge may permit in his or her discretion any property to be sent to the prisoner’s friends.

(2)All articles of a perishable nature and all articles infected with vermin or otherwise likely to spread disease in a prison in the possession of a prisoner on admission into prison shall be destroyed.

(3)In any case where the clothes of a prisoner are so old, worn or dirty as to be useless, the officer in charge shall order them to be destroyed; and in such case, on the release of the prisoner the officer in charge shall give the prisoner clothing of a suitable nature.

(4)Articles which in the opinion of the officer in charge are too bulky for storage shall not be accepted into the prison.

(5)On the discharge of a prisoner, all articles of clothing and property shall be returned to him or her unless they have been destroyed in accordance with this rule.

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(6)If any prisoner is discharged from prison and fails to claim his or her property within six months from the discharge or if any prisoner dies in prison and his or her personal representatives or relatives do not claim his or her property within six months of his or her death, the officer in charge may, if in his or her opinion the property is of no value, destroy it; or if he or she considers it possible to sell it, he or she shall sell it and devote the proceeds to the welfare of the prisoners in the prison generally.

39.Recording of particulars.

The name, race and tribe, age, height, weight, particular marks, and such other measurements and particulars as may be required in regard to a prisoner shall upon his or her admission, and from time to time, be recorded in such manner as the commissioner shall direct. Uganda Prisons Service Act Pdf Download

40.Fingerprints.

On admission into prison every convicted criminal prisoner shall have his or her fingerprints taken under the provisions of the Identification of Offenders Act, and the fingerprints after being taken shall be dealt with in accordance with that Act. Uganda Prisons Service Act Pdf Download

41.Photographs.

A prisoner may be photographed on admission and subsequently, but no copy of the photograph shall be given to a person who is not authorised to receive it. Uganda Prisons Service Act Pdf Download

42.Baths.

Every prisoner shall, unless exempted by the officer in charge or the medical officer, take a bath or shower on admission. Uganda Prisons Service Act Pdf Download

43.Medical examination.

Every prisoner shall, on the day of his or her admission, or as soon as possible after his or her admission, be separately examined by the medical officer, who shall record the state of health of the prisoner and such other particulars as may be directed; except that when a prisoner is received too late to be examined on the same day; he or she shall be examined as soon as possible on the next day, and in any case within twenty-four hours of his or her admission. Uganda Prisons Service Act Pdf Download

44.Information for prisoners to be provided in cells or wards.

Every prisoner on admission to prison shall be provided in his or her cell or ward with full information with regard to the rules governing the treatment of prisoners and, in particular, with information with regard to those rules relating to the disciplinary requirements of the prison, to earnings and privileges, to the proper methods of submitting petitions to the President and of making complaints as to food, clothing, bedding and other necessaries. Uganda Prisons Service Act Pdf Download

45.Information to be given personally to prisoners.

(1)The officer in charge shall personally or through such officer as he or she may appoint ensure as soon as possible after admission into prison, and in any case within twenty-four hours, that every prisoner who can read has read the information so provided. Uganda Prisons Service Act Pdf Download

(2)Where a prisoner cannot read or has difficulty in understanding the information so provided, it shall be so explained to him or her that he or

she may understand his or her rights and obligations. Uganda Prisons Service Act Pdf Download

(3)A prisoner committed to prison in default of paying a sum of money or for want of surety shall on admission be informed of the means by which he or she may obtain his or her release. Uganda Prisons Service Act Pdf Download

PART V—TREATMENT OF PRISONERS.

46.Use of force; provoking prisoners.

(1)No prison officer in dealing with prisoners shall strike or use force unnecessarily; and when the application of force is necessary, no more force than necessary shall be used. Uganda Prisons Service Act Pdf Download

(2)No prison officer shall punish any prisoner unless authorised to do so under the provisions of the Act and these Rules. Uganda Prisons Service Act Pdf Download

(3)No prison officer shall deliberately act in a manner calculated to provoke a prisoner.

(4)If a prison officer strikes or uses force against a prisoner, he or she shall have the prisoner examined as soon as possible by the medical officer and shall immediately report the incident to the officer in charge. Uganda Prisons Service Act Pdf Download

47.Clothing of prisoners.

(1)Subject to section 35 of the Act, every prisoner shall be supplied with and shall wear such prison clothing as may be directed. Uganda Prisons Service Act Pdf Download

(2)Additional or alternative clothing may be supplied to a prisoner on the recommendation of the medical officer, or by order of the officer in charge as a reward for good conduct and industry. Uganda Prisons Service Act Pdf Download

48.Bedding of prisoners.

(1)Every prisoner shall be supplied with bedding adequate for warmth and health.

(2)Beds or additional or alternative bedding may be supplied to a prisoner on the recommendation of the medical officer. Uganda Prisons Service Act Pdf Download

49.Changing of prisoners’ clothes.

(1)The clothes of a prisoner shall be changed and washed at least weekly, and bedclothes shall be washed and aired as often as the officer in charge may direct. Uganda Prisons Service Act Pdf Download

(2)The prison clothing and bedding discarded by a prisoner on discharge shall be thoroughly washed, dried and disinfected before being returned to store or reissued. Uganda Prisons Service Act Pdf Download

50.Food of prisoners.

(1)Subject to section 35 of the Act and this rule, every prisoner shall be entitled to a sufficient quantity of plain wholesome food in accordance with scale A in the First Schedule to these Rules; except that regard shall be had to the mode and standard of life of a prisoner before he or she was admitted into prison, and if the officer in charge after consultation with the medical officer is satisfied that a prisoner is not accustomed to the type of diet laid down in that scale he or she may order that the prisoner shall be given a diet in accordance with scale B or C in the First Schedule. Uganda Prisons Service Act Pdf Download

(2)Notwithstanding subrule (1) of this rule—

(a)the diet of a prisoner who persistently wastes his or her food may be reduced by the officer in charge after obtaining the written advice of the medical officer;

(b)where a prisoner has been ordered to be on punishment diet under Part VIII of the Act, the punishment diet as is set out in the scale appropriate to him or her in the First Schedule to these Rules shall be substituted for his or her ordinary diet;

(c)where the medical officer certifies that it is necessary or desirable in the interests of a prisoner’s health that any diet should be substituted for the diet to which a prisoner is entitled under these Rules, that other diet shall be so substituted for so long as the medical officer shall direct. A record of every such substitution shall be kept by the officer in charge in such manner as the commissioner may direct;

(d)where the commissioner is satisfied that any item of diet prescribed by these Rules is from any cause unobtainable, he or she may, with the approval of the Minister, direct that another

item of diet shall be substituted for it for so long as that item remains unobtainable.

(3)The weight of food specified in the First Schedule to these Rules shall be the weight of the food before it has been cooked. Uganda Prisons Service Act Pdf Download

(4)The officer in charge shall ensure that each prisoner receives the quantity of food to which he or she is entitled by these Rules and that the food is wholesome in quality and prepared in a hygienic manner.

(5)A senior prison officer and the medical officer shall ensure that the quality and quantity of food supplied to prisoners is in accordance with these Rules.

(6)A copy of the scales of diet specified in the First Schedule to these Rules shall be displayed in a conspicuous part of every prison.

51.Prisoners not to have alcoholic drinks or tobacco without permission.

(1)No prisoner shall under any pretence whatever be allowed any spirits, wine, beer or other intoxicating or stupifying drink, drug or matter, except such and in such quantities as may be directed in particular cases by the medical officer by order in writing.

(2)Subject to these Rules, no prisoner shall be allowed to smoke or have in his or her possession any tobacco except in accordance with such orders as may be given by the officer in charge with the approval of the commissioner.

52.Cutting of prisoners’ hair.

(1)Subject to subrules (2), (3), (4) and (5) of this rule, all convicted criminal prisoners sentenced to imprisonment for any period exceeding one month shall have their hair cut short and their beards, whiskers, moustaches if worn, trimmed close; and those who wear no hair on their faces, or a moustache only, shall be shaved as often as may be necessary to preserve a clean and decent appearance.

(2)The hair of female prisoners shall not be cut on admission or

afterwards unless the medical officer considers it to be necessary for health or cleanliness or unless the prisoner expresses a desire to have her hair cut.

(3)The hair of prisoners awaiting trial and prisoners awaiting the hearing of an appeal shall be kept, as far as cleanliness permits, in the same state as it was on admission.

(4)The hair of a Sikh prisoner shall not be cut without an order in writing from the officer in charge, which order shall not be made except on the ground of necessity certified by the medical officer.

(5)During the last month of imprisonment the hair of a prisoner shall be allowed to grow should the prisoner so desire, consistent with cleanliness and health.

53.Exercise.

All prisoners, other than those in close confinement, shall take regular physical exercise in accordance with instructions issued by the officer in charge.

54.Visits and letters.

(1)Communications, other than communications with legal advisers, between prisoners and their relatives and friends shall only be allowed in accordance with the provisions of this rule, subject to such restrictions as the officer in charge may think are necessary for the maintenance of discipline and order in the prison, and the prevention of crime.

(2)On admission a prisoner shall be entitled to write and receive a “reception letter” and to receive a visit of fifteen minutes duration.

(3)On transfer to another prison a prisoner shall be entitled to write and receive a “transfer letter”.

(4)Except as provided in subrules (2) and (3) of this rule, visits and letters shall be granted as follows—

(a)first stage prisoners shall be entitled to write and receive one letter every four weeks and to receive one visit of fifteen minutes duration every six weeks or to write and receive a letter in lieu of

the visit;

(b)second stage prisoners shall be entitled to write and receive one letter every four weeks and to receive a visit of twenty minutes duration every six weeks or to write and receive a letter in lieu of the visit;

(c)third stage prisoners shall be entitled to write and receive one letter every three weeks and to receive a visit of twenty minutes duration every four weeks or to write and receive a letter in lieu of the visit;

(d)fourth stage prisoners shall be entitled to write and receive one letter every two weeks and to receive a visit of thirty minutes duration every four weeks or to write and receive a letter in lieu of the visit;

(e)special stage prisoners shall be entitled to receive letters without restriction; to write one letter every week and to receive a visit of thirty minutes duration every two weeks or to write and receive one letter in lieu of the visit.

55.Transfer of prisoner to enable him or her to be visited.

Where a prisoner serving a long sentence has served for three years and, owing to the distance from his or her home, has not received any visit from relatives or friends during the imprisonment, the commissioner may, in his or her discretion, order the temporary transfer of the long-sentence prisoner to the prison nearest his or her home and permit the prisoner to be visited by friends or relatives, not exceeding three in number at any one time, for such period as the commissioner may direct, if in all such cases the work, conduct and progress of the prisoner merit the privilege.

56.Postponement of privilege of visits and letter writing and receiving; additional letters and visits.

(1)The privilege of writing and receiving letters and receiving visits may, at the discretion of the officer in charge, be postponed at any time in case of misconduct, but shall not be subject to forfeiture.

(2)When a prisoner who becomes entitled to a letter and visit is at the time undergoing punishment, the officer in charge shall defer the privilege to a suitable time.

(3)The commissioner may, as a privilege for any prisoner or class of prisoner, allow such additional letters and visits as he or she may determine.

(4)The officer in charge may allow a prisoner to write a special letter and receive a reply or to receive a special visit in any of the following circumstances—

(a)the death or serious illness of a near relative;

(b)business or family affairs of an urgent nature; or

(c)the arrangement of employment or assistance on release.

57.Visits to sick prisoners.

If a prisoner who is dangerously sick desires to be visited by a near relative or friend, the officer in charge may give an order in writing for the admission of the relative or friend.

58.Restrictions and conditions relating to visits.

(1)Not more than three persons shall be allowed to visit a prisoner at one time.

(2)All visits to prisoners shall take place during the normal working hours of the prison and between such hours as the officer in charge may direct.

(3)A prison officer of a rank detailed by the officer in charge, together with an interpreter in the case where the officer does not understand the language spoken, shall be within sight and hearing during the whole of every visit unless the officer in charge by an order in writing otherwise directs.

(4)The prison officer detailed to supervise visits shall demand the name and address of every visitor to a prisoner and, when he or she has any grounds for suspicion, he or she may search or cause to be searched male visitors and may direct a female officer to search female visitors, the search not to be in the presence of any prisoner or of another visitor; in case of any visitor refusing to be searched, the visitor shall be ordered to leave the prison.

(5)Any prison officer ordering a visitor to leave a prison shall make a record of that order in writing.

(6)No ex-prisoner shall be allowed to visit a prisoner except with the written permission of the officer in charge.

59.Restriction on the reading and receipt of letters.

(1)Every letter to or from a prisoner shall be read by the officer in charge or by a responsible officer deputed by him or her and it shall be within the discretion of the officer in charge or the deputed officer to stop any letter on the grounds that the contents are objectionable or that it is of inordinate length. In the case of an outgoing letter, the prisoner shall be informed and given the opportunity to rewrite the letter.

(2)No prisoner shall be permitted to write a letter to or receive a letter from an ex-prisoner without the permission in writing of the officer in charge.

60.Visits by advocates and diplomatic representatives.

(1)A prisoner who after conviction has given notice of appeal shall be given reasonable facilities to see his or her advocate with reference to the appeal, in the sight, but not in the hearing of a prison officer.

(2)A prisoner who has been ordered to be repatriated out of Uganda shall be given all reasonable facilities to see his or her advocate and a representative of his or her State with reference to the order for repatriation, in the sight, but not in the hearing of a prison officer.

(3)Reasonable facilities shall be accorded to the advocate of a prisoner who is conducting any litigation, civil or criminal, in which the prisoner is a party, to see the prisoner with reference to the proceedings, in the sight, but not in the hearing of a prison officer.

(4)The advocate of a prisoner may, with the permission of the officer in charge, see a prisoner with reference to any other legal business but shall see him or her in the sight and hearing of a prison officer.

(5)The advocate of a prisoner may be accompanied by another person under his or her direct or immediate control for the purpose of interpretation or the making of a note.

(6)For the purpose of this rule, “advocate of a prisoner” means either the prisoner’s advocate himself or herself or the advocate’s clerk.

61.Visits and letters of debtors.

The provisions of these Rules relating to visits and letters shall apply to all classes and categories of prisoners; except that—

(a)an officer in charge may allow in his or her discretion an unconvicted prisoner to see relatives and friends and to receive and read letters as often as he or she considers desirable; and

(b)a prisoner committed to prison in default of the payment of a sum in pursuance of any conviction or order he or she is required to pay shall be allowed to have an interview with his or her friends on any weekday during working hours in the prison, or to communicate by letter with them for the purpose of providing for a payment which would procure his or her release from prison, and every such prisoner shall on his or her admission be informed of this rule. Uganda Prisons Service Act

62.Visits by police officers and process servers.

(1)On production of an order from a magistrate, from the Inspector General of Police or from a senior police officer as defined in the Police Act, a police officer may, at any reasonable time, visit a prison and interview any prisoner for the following purposes—

(a)identifying offenders;

(b)taking statements considered necessary for any investigation; or

(c)any other purpose authorised in writing by the commissioner.

(2)The officer in charge shall direct whether a visit by a police officer to a prisoner shall take place in or out of the hearing or sight of a prison officer.

(3)Any person duly authorised by a court shall be permitted to enter a prison during working hours in order to serve any legal process on a prisoner.

63.Ministers of religion and religious instruction.

(1)Every prisoner on admission shall be required to state his or her religion and denomination, and he or she shall be treated as a member of that religion and denomination until such time as a minister of religion at the request of the prisoner certifies in writing that he or she belongs to another religion or denomination.

(2)Ministers of religion shall be permitted to visit prisoners at such times as the officer in charge shall consider desirable.

(3)The officer in charge shall make such arrangements as he or she shall consider practicable for the holding of religious services in the prison and for the religious instruction of prisoners.

64.Education and recreation of prisoners.

(1)The officer in charge shall take all steps that he or she considers practicable to arrange evening educational classes for the prisoners in his or her charge and shall permit prisoners in their leisure time to study by means of courses approved and arranged by him or her and to practise handicrafts. Special attention shall be paid to the education of illiterate persons.

(2)Whenever possible there shall be a library in each prison, and prisoners shall be permitted to draw books from the library in accordance with such directions as the commissioner shall from time to time make.

(3)The officer in charge may arrange for lectures, concerts and debates for prisoners to take place outside the hours of labour.

(4)At each prison, facilities will be provided for physical training, games, and for recreation both physical and mental, particularly in the case of the young prisoners and prisoners serving long sentences.

65.Prison visitors.

The commissioner may on the recommendation of the officer in charge appoint a sufficient number of prison visitors of both sexes as voluntary teachers for the purpose of visiting prisoners regularly during their imprisonment and for conducting such classes as may be approved.

66.Petitions and complaints.

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