Police Force (Special Constabulary — Detention) Regulations 2016

No. S 137

Police Force Act

(CHAPTER 235)

Police Force (Special Constabulary — Detention)
Regulations 2016

In exercise of the powers conferred by section 85 of the Police Force Act, the Minister for Home Affairs makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1.  These Regulations are the Police Force (Special Constabulary — Detention) Regulations 2016 and come into operation on 1 April 2016.

Definitions

2.—(1)  In these Regulations, unless the context otherwise requires —

“Board” means the Board of Visitors established under regulation 4;

“detainee” means any special police officer who is detained in a detention barrack under an order of detention made by a disciplinary officer under section 81(3)(aa) or 82(3)(a) of the Act;

“Director Manpower” means the Director, Manpower Department of the Police Force;

“Director PNSD” means the Director, Police National Service Department of the Police Force;

“guard” means a police officer or special police officer responsible for the guarding of detainees.

(2)  In these Regulations, any reference to a numbered form is a reference to the form bearing the corresponding number set out in the Schedule.

PART 2

OFFICER-IN-CHARGE

Officer-in-charge

3.  The Director PNSD is responsible for the management and control of detainees in a detention barrack.

PART 3

BOARD OF VISITORS

Establishment, etc., of Board of Visitors

4.—(1)  There is established for all detention barracks a Board of Visitors.

(2)  The Board consists of not less than 4 and not more than 12 members.

(3)  Every member of the Board —

(a) is appointed by the Minister; and

(b) holds office for 3 years beginning on the date of the member’s appointment or for such shorter period as the Minister may specify in any particular case.

(4)  At least 2 members of the Board must be appointed from among police officers and special police officers.

(5)  The Minister must appoint a chairman of the Board from among the members of the Board.

(6)  Each member (including the chairman) of the Board is eligible for re-appointment.

(7)  Any member (including the chairman) of the Board may at any time resign from his or her office by notice in writing to the Minister.

(8)  The Minister may at any time revoke the appointment of any member (including the chairman) of the Board, or fill any vacancy in the membership of the Board.

Functions of Board of Visitors

5.—(1)  The functions of the Board are as follows:

(a) to inspect the cells, yards and other places within a detention barrack and to ascertain whether the living conditions of the detainees in the detention barrack are satisfactory;

(b) to inspect the food served to the detainees in a detention barrack and to ascertain whether the hygiene, quality and quantity of the food are satisfactory;

(c) to hear, record and enquire into any complaint made by a detainee relating to the detainee’s detention in a detention barrack;

(d) to ensure that the provisions of the standing orders issued under regulation 32 are complied with;

(e) to call to the attention of the Director PNSD any irregularity observed by the Board in the management or operation of a detention barrack, or the treatment of any detainee in the detention barrack;

(f) to perform such other duties as the Minister may assign to the Board.

(2)  The Board must visit a detention barrack at least once every month.

(3)  The Board may be represented by 2 or more of its members when the Board visits a detention barrack.

Board’s report

6.—(1)  After each visit to a detention barrack, the Board must submit a report to the Director Manpower and the Director PNSD.

(2)  The report must mention any irregularity observed by the Board in the management or operation of a detention barrack, or the treatment of any detainee in the detention barrack.

(3)  The Director PNSD must —

(a) act on every irregularity brought to the Director PNSD’s attention; and

(b) report to the Director Manpower any action that has been taken by the Director PNSD.

(4)  Every report of the Board must not be disclosed to any person other than a public officer who is authorised by the Minister or the Commissioner to see or comment on the report.

PART 4

ADMISSION AND CUSTODY OF DETAINEES

Place of custody

7.—(1)  Any special police officer against whom an order of detention is made by a disciplinary officer under section 81(3)(aa) or 82(3)(a) of the Act must be kept in custody in a detention barrack.

(2)  The disciplinary officer must issue a committal order in Form 1 authorising the custody of the special police officer in a detention barrack.

Admission to detention barracks

8.—(1)  Before a person liable to serve detention under these Regulations is delivered to a detention barrack, the person must be examined by a medical officer.

(2)  The medical officer must certify in Form 2 whether the person is fit to undergo detention in a detention barrack.

(3)  On the admission of the person to a detention barrack, the following procedures apply:

(a) the person must, with due regard to decency, be searched, and any article or document found on the person must, if the person is not allowed to keep it, be taken from the person and kept in safe custody;

(b) a list of the articles or documents taken from the person must be kept and signed by the guard who took those articles or documents, and countersigned by the person;

(c) a copy of the list must be given to the person.

(4)  The person must be issued with clothing which serves as the person’s attire during the person’s detention.

Accommodation

9.  A detainee must be kept in custody either alone in a cell, or together with 2 other detainees in a cell.

PART 5

ADMINISTRATION AND MANAGEMENT OF DETENTION BARRACKS

Permitted articles

10.—(1)  Subject to paragraph (2), a detainee is not allowed to keep in the detainee’s cell any article other than the clothing issued to the detainee under regulation 8(4).

(2)  The Director PNSD may permit a detainee to keep any other article that the Director PNSD deems appropriate.

(3)  A detainee is not allowed to wear any decoration, insignia or badge of rank on the detainee’s person or clothing.

Searches

11.  The Director PNSD may at any time order a search to be conducted on any detainee, the detainee’s cell or the detainee’s personal belongings.

Food

12.  Subject to regulation 23(1)(b), a detainee must be provided with food similar to that provided to special police officers who are not in custody.

Prohibition on smoking

13.  A detainee must not smoke or have in the detainee’s possession any match or lighter, or any naked light for the purpose of lighting any tobacco or cigarette.

Letters

14.—(1)  A detainee is allowed to write letters which must be sent through the Director PNSD.

(2)  The Director PNSD, or a person authorised by the Director PNSD —

(a) must read every letter written by or addressed to a detainee; and

(b) must withhold any letter from the detainee if the Director PNSD or authorised person is of the opinion that the content of that letter may affect security or is undesirable in any way.

Parcels

15.—(1)  A detainee is not allowed to receive any parcel or any item without the approval of the Director PNSD.

(2)  Any parcel or item approved by the Director PNSD under paragraph (1) must be opened and examined by or under the authority of the Director PNSD for objectionable content.

(3)  Any parcel or item not approved by the Director PNSD under paragraph (1) must be returned to the sender, retained in safekeeping by the Director PNSD, or disposed of.

Visits

16.—(1)  A detainee is allowed one visit per week from members of the detainee’s family.

(2)  The Director PNSD may allow a detainee additional visits per week from members of the detainee’s family as the Director PNSD may consider consistent with security and discipline.

(3)  Every visit must be made during official visiting hours.

Mechanical restraint

17.—(1)  The Director PNSD may issue an order in writing for the mechanical restraint of a detainee to prevent the detainee from inflicting injuries to the detainee or others, damaging property, creating a disturbance or escaping.

(2)  The Director PNSD must not order mechanical restraint of a detainee for the purpose of punishment.

(3)  A detainee may be handcuffed to another detainee in transit.

(4)  An order in writing under paragraph (1) —

(a) must be in Part 1 of Form 3; and

(b) must state the type and manner of restraint that is to be applied, and the period (not exceeding 12 hours) during which the restraint is to be applied.

(5)  Mechanical restraint must only be applied by means of handcuffs, except that the Director PNSD may, with the approval of and subject to such conditions as may be laid down by a medical officer, order any other means or manner of restraint if handcuffs cannot efficiently secure a detainee.

(6)  Any approval of a medical officer under paragraph (5) must be in Part 2 of Form 3.

(7)  Mechanical restraint may be applied to a detainee before an order in writing is issued under paragraph (1) only in a case of extreme urgency where the order cannot be obtained on time.

(8)  The Director PNSD must, in a case mentioned in paragraph (7), issue the order in writing under paragraph (1) as soon as possible.

Escape from custody

18.—(1)  Any person who is aware of any escape of a detainee from custody in a detention barrack, or has any knowledge which may assist in the apprehension of the detainee, must immediately report the matter to the Director PNSD.

(2)  Upon receiving any report under paragraph (1), the Director PNSD must immediately make, or cause to be made, an investigation of the escape.

Temporary release

19.—(1)  The Director PNSD may, on the application of a detainee or an immediate family member of a detainee and on compassionate grounds, by issuing a certificate of temporary release in Form 4, grant the detainee temporary release for a period not exceeding 48 hours from the detention barrack in which the detainee is detained.

(2)  The temporary release period under paragraph (1) does not count as part of the period of detention served by the detainee.

Release under escort

20.—(1)  The Director PNSD may, on the application of a detainee or an immediate family member of a detainee and on compassionate grounds, by issuing an order for release under escort in Form 5, allow the detainee to leave the detention barrack under escort for such period as the Director PNSD may determine.

(2)  The period under paragraph (1) counts as part of the period of detention served by the detainee.

 

Made on 15 March 2016.

LEO YIP

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA 112/2/036; AG/LEGIS/SL/235/2015/6 Vol. 2]

(To be presented to Parliament under section 85(3) of the Police Force Act).