Prisons Act 1933

Prisons Act 1933

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act relating to prisons.

[18 August 1933]

PART 1

PRELIMINARY

Short title

1.  This Act is the Prisons Act 1933.

Interpretation

2.  In this Act, unless the context otherwise requires —

“basic condition”, in relation to a remission order, means the basic condition specified in section 50S;

“Cluster Commander” means a Cluster Commander of Prisons appointed under section 20;

“Commissioner” means the Commissioner of Prisons appointed under section 20;

“controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1973;

[Act 6 of 2022 wef 02/09/2022]

“Corporation” means the Singapore Corporation of Rehabilitative Enterprises established under the Singapore Corporation of Rehabilitative Enterprises Act 1975;

“default sentence” means a sentence of a term of imprisonment imposed on a person in default of the person paying a fine ordered to be paid by a court;

“Deputy Commissioner” means a Deputy Commissioner of Prisons appointed under section 20;

[Act 6 of 2022 wef 02/09/2022]

“Divisional Director” means a Divisional Director of Prisons appointed under section 20;

“employment preparation”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence of imprisonment in the place or places, outside the limits of any prison, specified in the employment preparation order for the purposes of enhancing a prisoner’s employability and facilitating the prisoner’s reintegration into society;

[Act 6 of 2022 wef 02/09/2022]

“employment preparation order” means an order of the Commissioner under section 59K;

[Act 6 of 2022 wef 02/09/2022]

“external placement”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence of imprisonment in the place or places, outside the limits of any prison, specified in the external placement order;

[Act 6 of 2022 wef 02/09/2022]

“external placement order” means an order of the Commissioner under section 59B;

[Act 6 of 2022 wef 02/09/2022]

“home detention”, in relation to a prisoner, means the serving by the prisoner of the prisoner’s sentence of imprisonment in the place or places, outside the limits of any prison, specified in the home detention order for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society;

[Act 6 of 2022 wef 02/09/2022]

“home detention order” means an order of the Commissioner under section 52;

[Act 6 of 2022 wef 02/09/2022]

“infectious disease” means any of the diseases specified in the First Schedule to the Infectious Diseases Act 1976 and includes any other disease —

(a) that is caused or is suspected to be caused by a micro‑organism or any agent of disease;

(b) that is capable or is suspected to be capable of transmission by any means to human beings; and

(c) that a medical officer has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease;

[Act 6 of 2022 wef 02/09/2022]

“intoxicating substance” has the meaning given by section 2 of the Intoxicating Substances Act 1987;

[Act 6 of 2022 wef 02/09/2022]

“juvenile” means any person under the age of 18 years, whether convicted or not, under detention in any prison;

[Act 6 of 2022 wef 30/12/2025]

“lock-up prisoner” means any person, whether convicted or not, who is confined in a lock‑up, or who is transported to, or from, a lock‑up;

“medical officer” means a medical officer appointed under section 25;

“prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison or reformative training centre under section 3, and includes the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners;

“prison officer” means any prison officer appointed under section 20 and includes the Commissioner, any Deputy Commissioner and any Superintendent;

[Act 6 of 2022 wef 02/09/2022]

“prisoner” means any person, whether convicted or not, under detention in any prison or reformative training centre or subject to an external placement order, an employment preparation order or a home detention order, but does not include a person released and at large under a remission order;

[Act 6 of 2022 wef 02/09/2022]

“psychoactive substance” has the meaning given by section 2 of the Misuse of Drugs Act 1973;

[Act 12 of 2023 wef 01/06/2024]

“registered medical practitioner” means a person registered under the Medical Registration Act 1997;

“remission order” means a remission order made under any provision in Part 5B;

“Superintendent” means a Superintendent of Prisons appointed under section 20;

“unlawfully at large”, in relation to a person released under a remission order, means a person who fails to submit himself or herself to custody or detention after being required to do so under any written law, or who escapes from such custody or detention;

“Visiting Justice” means a member of the Board of Visiting Justices appointed under section 79.

[33/2004; 15/2010; 1/2014]

PART 2

CONSTITUTION AND ADMINISTRATION

Power to declare prisons

3.  The Minister may, by notification in the Gazette —

(a) declare any house, building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act for the imprisonment or detention of persons lawfully in custody;

(b) define which prisons may be used for the custody of particular classes of prisoners;

(c) declare that any prison ceases to be a prison; and on the publication in the Gazette of the declaration, or from and after any later date specified in the declaration, that prison ceases to be a prison; and

(d) declare any prison, house, building, enclosure or place, or any part thereof, to be a reformative training centre for the detention of persons sentenced to reformative training.

Appointment of lock-ups at police stations and court houses as places of detention

4.—(1)  The Minister may, by notification in the Gazette, appoint the lock‑ups at any police stations and court houses to be places for the confinement of persons awaiting trial, remanded, or sentenced to any term of imprisonment, not exceeding one month, that may be specified in each case.

(2)  A lock-up appointed as a place of confinement under subsection (1) is not to be deemed to be a prison for the purposes of this Act or of the Registration of Criminals Act 1949 and regulations made under section 84 do not apply thereto, but every such lock‑up is deemed to be a prison for the purposes of sections 313 to 332 of the Criminal Procedure Code 2010.

[15/2010]

(3)  The Minister may make regulations with regard to lock‑ups appointed under subsection (1) to provide for all or any of the following matters:

(a) the inspection and management of the lock‑ups and the officers to be in charge thereof;

(b) the employment of persons confined in such lock‑ups;

(c) the diets to be supplied to such persons;

(d) the maintenance of discipline.

Temporary prisons

5.—(1)  Whenever it appears to the Commissioner —

(a) that the number of prisoners in any prison is greater than can be conveniently kept in the prison, and that it is not convenient to transfer the excess number to some other prison; or

(b) that, by reason of the outbreak of disease within any prison or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners,

such provision must be made as the Commissioner may, with the approval of the Minister, direct for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

[1/2014]

(2)  Every temporary prison is a prison for the purposes of this Act.

General administration of prisons by Commissioner

6.—(1)  Subject to the orders of the Minister, the general charge and administration of prisons and the control and direction of prison officers throughout Singapore is vested in the Commissioner.

[1/2014]

(2)  The Commissioner may make such transfers, and direct the employment and distribution, of prison officers as the Commissioner may think fit.

[1/2014]

Administration of prison by Superintendent

7.—(1)  Subject to the orders of the Commissioner, the administration of each prison is vested in a Superintendent.

[1/2014]

(2)  If the Superintendent of a prison is temporarily absent or temporarily incapacitated, the powers and duties of the Superintendent under this Act or any regulations made under this Act may, during the period of absence or incapacity, be exercised and performed by any prison officer appointed by the Commissioner.

[1/2014]

PART 3

COMMITTEE OF INQUIRY

Committee of inquiry

8.—(1)  Where it is expedient that the Minister, or any other person that the Minister may appoint to exercise the powers conferred upon the Minister by this Part, should be informed on any matter connected with the discipline, administration or functions of any prison or affecting any prisoner, the Minister or the person appointed by the Minister may convene a committee of inquiry.

(2)  A committee of inquiry must inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter.

(3)  In this Part, “Minister” includes the person appointed by the Minister under subsection (1) to act on the Minister’s behalf for the purposes of this Part.

Composition of committee of inquiry

9.—(1)  A committee of inquiry consists of one or more persons who must be appointed by the Minister.

(2)  Where a committee of inquiry consists of more than one person, the Minister must appoint one of the members to be the chairperson.

(3)  Where a committee of inquiry consists of one member only, the member is vested with the powers of a chairperson.

(4)  Every member of a committee of inquiry appointed under this section is deemed to be a public servant within the meaning of the Penal Code 1871.

Powers of committee of inquiry

10.  A committee of inquiry may —

(a) summon any person to give evidence on oath or on affirmation, or to produce any document or material, necessary for the purpose of the inquiry; and

(b) visit any place in order to inquire into any matter which may arise in the course of the inquiry.

Disobedience to summons an offence

11.—(1)  A person who is summoned to give evidence before a committee of inquiry must not, without lawful excuse, fail to appear in obedience to the summons.

(2)  A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry must not, without lawful excuse, fail to produce the document or material.

(3)  Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Refusal to give evidence an offence

12.—(1)  A person who appears before a committee of inquiry must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which the person is lawfully required to produce or answer.

(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

Giving of false evidence an offence

13.  Every person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both.

Evidence and procedure

14.  Except as otherwise provided in this Act or any regulations made under this Act, a committee of inquiry is not bound by the rules of evidence and may act in such manner as the committee of inquiry thinks most expedient.

Admissibility of evidence

15.  No statement made in the course of any inquiry and no report of a committee of inquiry is admissible as evidence in any proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.

Proceedings not open to public

16.—(1)  A committee of inquiry must not sit in public.

(2)  A person is not allowed to attend the proceedings of a committee of inquiry, or address a committee of inquiry, except with the permission of the chairperson or if the Minister so directs.

Persons who may be affected by findings

17.—(1)  Where it appears to a committee of inquiry that any prison officer or witness may be adversely affected by its findings, the committee is to notify him or her and give him or her an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairperson may specify.

[33/2004]

(2)  The person notified under subsection (1) is allowed to give evidence and examine any witness.

Record of proceedings

18.—(1)  The chairperson is to record or cause to be recorded in writing the proceedings of the committee of inquiry.

(2)  The evidence of each witness before a committee of inquiry must be read over to him or her and be signed by him or her.

(3)  A record of the proceedings of a committee of inquiry is to be signed by the chairperson and the members of the committee (if any) and forwarded to the Minister.

(4)  The record of proceedings of a committee of inquiry, or any part thereof, or any information relating thereto must be kept confidential and must not be released to any person, other than a member of the committee, without the written permission of the Minister.

Offence to influence or attempt to influence committee of inquiry

19.  Every person who, otherwise than in the course of duty, directly or indirectly by himself or herself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.