Singapore - Revision history

IBJadmin at 11:04, 7 March 2025

2025-03-07T11:04:39Z

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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:~~120~~%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''ADDITIONAL RESOURCES'''</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:100%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''ADDITIONAL RESOURCES'''</h2>
	*[http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%22cf2412ff-fca5-4a64-a8ef-b95b8987728e%22%20Status%3Ainforce%20Depth%3A0;rec=0 Constitution of Singapore]		*[http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%22cf2412ff-fca5-4a64-a8ef-b95b8987728e%22%20Status%3Ainforce%20Depth%3A0;rec=0 Constitution of Singapore]
	*[http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%22025e7646-947b-462c-b557-60aa55dc7b42%22%20Status%3Ainforce%20Depth%3A0;rec=0 The Penal Code of Singapore]		*[http://statutes.agc.gov.sg/aol/search/display/view.w3p;page=0;query=DocId%3A%22025e7646-947b-462c-b557-60aa55dc7b42%22%20Status%3Ainforce%20Depth%3A0;rec=0 The Penal Code of Singapore]
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	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Introduction'''</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Introduction'''</h2>

	~~<big>~~

	=='''<small>HISTORICAL CONTEXT</small>'''==		=='''<small>HISTORICAL CONTEXT</small>'''==

IBJadmin: /* TYPE OF SYSTEM */

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TYPE OF SYSTEM

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	=='''<small>TYPE OF SYSTEM</small>'''==		=='''<small>TYPE OF SYSTEM</small>'''==

	Singapore considers itself to have a Westminster-model parliamentary democracy.<ref>Ministry of Law, ‘Our Legal System’ (2018) https://www.mlaw.gov.sg/our-legal-system.html</ref>		Singapore considers itself to have a Westminster-model parliamentary democracy.<ref>Ministry of Law, ‘Our Legal System’ (2018) https://www.mlaw.gov.sg/our-legal-system.html</ref> The Constitution is the supreme law of Singapore. Other sources of law include legislation, subsidiary legislation, and judge-made law (through precedents).

	The Constitution is the supreme law of Singapore. Other sources of law include legislation, subsidiary legislation, and judge-made law (through precedents).

	=='''<small>LEGAL AID SITUATION</small>'''==		=='''<small>LEGAL AID SITUATION</small>'''==

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	<big>		<big>


	=='''<small>HISTORICAL CONTEXT</small>'''==		=='''<small>HISTORICAL CONTEXT</small>'''==

IBJadmin: /* SENTENCING */

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SENTENCING

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	=='''<small>SENTENCING</small>'''==		=='''<small>SENTENCING</small>'''==

	Sentencing is addressed upon conviction of an accused person (s 228(1) CPC). The address of sentence may include the criminal records of the accused, any victim impact statement and other relevant factors which may affect the sentence (s 228(2) CPC). The Court must then hear any plea in mitigation of sentence by the accused to which the prosecution has a right of reply (s 228(3) CPC). At this stage, where any matter raised in the plea affects any legal condition required by law to constitute the offence charged with, the Court must reject the plea of guilty (s 228(4) CPC). Any qualification on the plea of guilty at the stage of mitigation is tantamount to retraction of the plea of guilty and the Court must reject the plea<ref>Dinesh s/o Rajantheran v PP [2018] SGHC 255</ref>. The constitutional validity of the mandatory death sentence has been repeatedly litigated and it has always been upheld as constitutional<ref>Yong Vui Kong v AG [2010] </ref>.		Sentencing is addressed upon conviction of an accused person (s 228(1) CPC). The address of sentence may include the criminal records of the accused, any victim impact statement and other relevant factors which may affect the sentence (s 228(2) CPC). The Court must then hear any plea in mitigation of sentence by the accused to which the prosecution has a right of reply (s 228(3) CPC). At this stage, where any matter raised in the plea affects any legal condition required by law to constitute the offence charged with, the Court must reject the plea of guilty (s 228(4) CPC). Any qualification on the plea of guilty at the stage of mitigation is tantamount to retraction of the plea of guilty and the Court must reject the plea<ref>Dinesh s/o Rajantheran v PP [2018] SGHC 255</ref>. The constitutional validity of the mandatory death sentence has been repeatedly litigated and it has always been upheld as constitutional<ref>Yong Vui Kong v AG [2010] </ref>.


	=='''<small>APPEALS</small>'''==		=='''<small>APPEALS</small>'''==

IBJadmin at 20:50, 22 January 2020

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	The criteria to be satisfied are that: 1. The reference to the Court of Appeal may only be made in relation to criminal matter by the High Court in its appellate or revisionary jurisdiction; 2. The reference must relate to a question of law of public interest; 3. The question of law must have arisen from the case which was before the High Court; 4. The determination of the question of law by the High Court must have affected the outcome of the case<ref>Muhammad Faizal bin Sabtu and another v Public Prosecutor and another matter [2013] SGCA 1</ref>.		The criteria to be satisfied are that: 1. The reference to the Court of Appeal may only be made in relation to criminal matter by the High Court in its appellate or revisionary jurisdiction; 2. The reference must relate to a question of law of public interest; 3. The question of law must have arisen from the case which was before the High Court; 4. The determination of the question of law by the High Court must have affected the outcome of the case<ref>Muhammad Faizal bin Sabtu and another v Public Prosecutor and another matter [2013] SGCA 1</ref>.

	~~=='''<small>PRESIDENTIAL CLEMENCY</small>'''==~~


	~~''(only applicable to accused who are sentenced with the death penalty)''~~


	Singapore’s President may grant pardons, reprieves, respites and re- missions under Article 22P of the Constitution of the Republic of Singapore (hereinafter ‘Singapore Constitution’). Article 22P of the Singapore Constitution also states that ‘The President, as occasion shall arise, may, on the advice of the Cabinet, grant a par- don’.



	In relation to the power to grant pardons, there have been arguments stating that the open-ended Article 21(2)(i) when read together with Article 22P suggests that the President is not bound by the Cabinet’s advice in such matters<ref>Also see: Yong Vui Kong v Attorney-General [2011] SGCA 9. The ('Pardon Case') </ref>.


	=='''<small>REFERENCES</small>'''==		=='''<small>REFERENCES</small>'''==

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TRIAL

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	At the close of the defence’s case, the prosecution has the right to call on any person to testify as witness or recall a witness already re-examine a witness already re-examined for the purpose of rebuttal, and such witness may be cross-examined by the accused and co-accused, after which the prosecution may re-examine (s 230(1)(t) CPC). After this, the defence may sum up his case (s 230(1)(u) CPC), to which the prosecution has a right of reply. The court will then determine guilt of the accused (s 230(1)(v) CPC).		At the close of the defence’s case, the prosecution has the right to call on any person to testify as witness or recall a witness already re-examine a witness already re-examined for the purpose of rebuttal, and such witness may be cross-examined by the accused and co-accused, after which the prosecution may re-examine (s 230(1)(t) CPC). After this, the defence may sum up his case (s 230(1)(u) CPC), to which the prosecution has a right of reply. The court will then determine guilt of the accused (s 230(1)(v) CPC).


	===<small>3. Lawyers</small>===		===<small>3. Lawyers</small>===
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	===<small>5. Victims</small>===		===<small>5. Victims</small>===

	There is no requirement for the victim of a crime to testify to warrant conviction of the accused person<ref>GCK v PP [2019] SGHC 46 at [28]</ref>. Aside from this point of principle, the role of the victim at trial varies widely. At the stage of sentencing, the prosecution’s address on sentence may include a victim impact statement (s 228(2)(b) CPC). Where a victim of a sexual abuse or child abuse offence has to testify, the Court must order that the victim give evidence in-camera if the victim does not wish to testify in open Court (s 281B CPC).		There is no requirement for the victim of a crime to testify to warrant conviction of the accused person<ref>GCK v PP [2019] SGHC 46 at [28]</ref>. Aside from this point of principle, the role of the victim at trial varies widely. At the stage of sentencing, the prosecution’s address on sentence may include a victim impact statement (s 228(2)(b) CPC). Where a victim of a sexual abuse or child abuse offence has to testify, the Court must order that the victim give evidence in-camera if the victim does not wish to testify in open Court (s 281B CPC).


	=='''<small>SENTENCING</small>'''==		=='''<small>SENTENCING</small>'''==

IBJadmin: /* TRIAL */

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TRIAL

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	=='''<small>TRIAL</small>'''==		=='''<small>TRIAL</small>'''==

			===<small>1. Nature of the Trial</small>===

			The Singapore Criminal Justice system, adopted from the British, is an adversarial one. The procedure for all criminal trials is provided for by s 230 of the CPC. The trial begins by the prosecutor opening his case and stating the nature of the offence (s 230(1)(d) CPC). Evidence is presented by way of the prosecutor’s examination of his witnesses, and each of them may be cross-examined by the defence, following which the prosecutor may re-examine them (s 230(1)(e) CPC). After the prosecution has concluded his case, the defence may invite the Court to dismiss the case on the basis that there is no case to answer and the prosecutor may reply to this submission (s 230(1)(f) CPC).

			===<small>2. Defendant</small>===

			If after considering the evidence put forth by the Prosecution’s case, the court is of the view that there is some evidence which is not inherently incredible and which satisfies each and every element of the charge as framed by the prosecutor or as altered or framed by the court, the court must call on the accused to enter a defence (s 230(1)(j) CPC). If there is no such evidence, the court must order a discharge amounting to an acquittal (s 230(1)(k) CPC).

	~~NOTES~~		When the accused is called on to begin his defence, he may, before producing his evidence, open his case by stating the facts or law on which he intends to rely and make such comments as he deems necessary on the evidence for the prosecution (s 230(1)(o) CPC). Thereafter, the accused shall give evidence and then be cross-examined by other co-accused (if any), and then by the prosecutor and then be re-examined. He can then call on his witnesses to give evidence, who will then be cross-examined and re-examined. The same process follows for his co-accused (s 230(1)(p) CPC).

	* '''Procedural'''		At the close of the defence’s case, the prosecution has the right to call on any person to testify as witness or recall a witness already re-examine a witness already re-examined for the purpose of rebuttal, and such witness may be cross-examined by the accused and co-accused, after which the prosecution may re-examine (s 230(1)(t) CPC). After this, the defence may sum up his case (s 230(1)(u) CPC), to which the prosecution has a right of reply. The court will then determine guilt of the accused (s 230(1)(v) CPC).

	~~<ref> </ref>~~

	~~'''(a) Executive'''~~		===<small>3. Lawyers</small>===

	~~===<small>2~~. ~~Legality </small>===~~		Article 35(8) of the Constitution provides that the Attorney-General wields the prosecutorial power in Singapore. The Attorney-General holds two hats- one as chief adviser to the Government and the other as the Public Prosecutor. He has the power and complete discretion to institute, conduct or discontinue proceedings for any offence , including private prosecutions.

			In practice, officers from the Attorney General’s Chambers’ (AGC) Crime Division act as Deputy Public Prosecutors (DPPs) and Assistant Public Prosecutors (APPs) under the authority of the Attorney-General<ref>https://www.agc.gov.sg/our-roles/public-prosecutor/public-prosecutor-overview-of-functions#targetText=AGC%20officers%20of%20the%20Crime,responsible%20for%20all%20criminal%20prosecutions.</ref>. They are responsible for all Criminal Prosecutions.
	1. ~~Making closing submissions~~. - ~~Both sides will have to summarize~~ all ~~the evidences and make respective arguments to the Court~~.

			Article 9(3) of the Constitution provides that an accused person may “consult and be defended by a legal practitioner of his choice”. In cases of preventive detention, the detaining authority under Article 151(a) of the Constitution shall “as soon as may be, inform him of the grounds of detention” and the factual allegations (subject to a privilege of non-disclosure in the national interest) on which the detention order is based, and “shall give him the opportunity of making representations against the order as soon as may be”.

	2. The ~~Court will then decided if~~ the accused is ~~guilty~~ (~~convicted~~) or ~~not guilty (acquitted). The court also has the power~~ to ~~reduce the charge against~~ the accused.		The right to legal counsel is not an unqualified right as the accused is only entitled to a counsel who is “willing and able to represent him” such that an accused cannot claim that his Article 9(3) rights are breached where counsel fails to turn up or is unwilling to act for the accused<ref>Balasundaram s/o Suppiah v PP [1996] 1 SLR(R) 853</ref>.

			===<small>4. Judges</small>===

	3. ~~Can the accused contest the Court’s final decision?~~		Criminal trials in both the State Courts (Magistrate and District Court) and High Court are presided by and disposed of by a single Judge (s 234 CPC).

			===<small>5. Victims</small>===

	If the accused ~~is convicted after a~~ trial, ~~he or she can appeal against~~ the ~~Court’s decision~~ on ~~his~~ or ~~her~~ conviction and~~/or his or her~~ sentence. ~~However~~, if the ~~accused have pleaded~~ guilty, he or ~~she can~~ only appeal against the sentence ~~and this~~ appeal ~~must~~ be ~~filed with~~ the Criminal ~~Justice Division’s Registry within 10 calendar days from~~ the ~~date the verdict~~ of ~~the accused was announced~~. ~~It is important~~ to ~~note~~ that ~~there is no guarantee~~ the ~~appeal will~~ be ~~successful and always advised~~ the ~~accused~~ to ~~consult~~ the ~~advice~~ of the ~~defence counsel when making such important decision~~.		There is no requirement for the victim of a crime to testify to warrant conviction of the accused person<ref>GCK v PP [2019] SGHC 46 at [28]</ref>. Aside from this point of principle, the role of the victim at trial varies widely. At the stage of sentencing, the prosecution’s address on sentence may include a victim impact statement (s 228(2)(b) CPC). Where a victim of a sexual abuse or child abuse offence has to testify, the Court must order that the victim give evidence in-camera if the victim does not wish to testify in open Court (s 281B CPC).


			=='''<small>SENTENCING</small>'''==

			Sentencing is addressed upon conviction of an accused person (s 228(1) CPC). The address of sentence may include the criminal records of the accused, any victim impact statement and other relevant factors which may affect the sentence (s 228(2) CPC). The Court must then hear any plea in mitigation of sentence by the accused to which the prosecution has a right of reply (s 228(3) CPC). At this stage, where any matter raised in the plea affects any legal condition required by law to constitute the offence charged with, the Court must reject the plea of guilty (s 228(4) CPC). Any qualification on the plea of guilty at the stage of mitigation is tantamount to retraction of the plea of guilty and the Court must reject the plea<ref>Dinesh s/o Rajantheran v PP [2018] SGHC 255</ref>. The constitutional validity of the mandatory death sentence has been repeatedly litigated and it has always been upheld as constitutional<ref>Yong Vui Kong v AG [2010] </ref>.


			=='''<small>APPEALS</small>'''==

			An appeal against judgment, sentence or order of a court may only be made as provided for by statute (s 374(1) CPC). An appeal may lie on a question of fact, a question of law, or on a question of mixed fact and law (s 374(2) CPC).

			An appeal by the Public Prosecutor shall be against the acquittal of an accused or the sentence imposed or an order of the trial court (s 374(3) CPC). Conversely, an appeal by a person convicted by a trial court shall be against his conviction, the sentence imposed on him or an order of the trial court (s 374(4) CPC).

			Where a novel issue of law of public interest is raised, a Criminal Reference may be sought to determine the question of law after an initial appeal has been exhausted (s 397 CPC).

			The criteria to be satisfied are that: 1. The reference to the Court of Appeal may only be made in relation to criminal matter by the High Court in its appellate or revisionary jurisdiction; 2. The reference must relate to a question of law of public interest; 3. The question of law must have arisen from the case which was before the High Court; 4. The determination of the question of law by the High Court must have affected the outcome of the case<ref>Muhammad Faizal bin Sabtu and another v Public Prosecutor and another matter [2013] SGCA 1</ref>.

	=='''<small>PRESIDENTIAL CLEMENCY</small>'''==		=='''<small>PRESIDENTIAL CLEMENCY</small>'''==

IBJadmin: /* WOMEN'S RIGHTS IN PRISON */

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WOMEN'S RIGHTS IN PRISON

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	Female prisoners must be attended by female prison officers: r 82. Female prisoners also do not have to have their hair cut on admission unless the medical officer considers it necessary for health and cleanliness: r 78(3).		Female prisoners must be attended by female prison officers: r 82. Female prisoners also do not have to have their hair cut on admission unless the medical officer considers it necessary for health and cleanliness: r 78(3).


			<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Court procedures'''</h2>

			=='''<small>PRE-TRIAL</small>'''==

			===<small>1. Initial Court Appearance</small>===

			For all charges that are to be tried (whether in the District Court, Magistrate Court or High Court), the accused will first be produced before a Magistrate’s Court.

			*'''For matters to be tried in the Magistrate’s or District Court'''

			Matters to be tried in the Magistrate’s or District Court tend to be less serious offences. In criminal cases, a District Court can try offences where the maximum imprisonment term does not exceed 10 years or which are punishable with a fine only. However, where the law expressly provides for it, the District Court also has the jurisdiction to try offences and impose sentences which exceeds the above limits such as the Companies Act (Cap 50), Misuse of Drugs Act (Cap 185), Prevention of Corruption Act(Cap 241) and Securities Industry Act (Cap 289)<ref>https://www.statecourts.gov.sg/cws/CriminalCase/Pages/District-Courts.aspx.</ref>.

			Where the case is due to be tried in the Magistrate/District Court, when an accused is first charged in court, the charge must be framed, read and explained to him<ref>s 158(a) Criminal Procedure Code (Cap 68) (“CPC”).</ref>. Thereafter, the accused must be asked whether he wishes to claim trial or plead guilty to the charge unless either party applies for, and the court grants, an adjournment without the plea being recorded<ref>s 158(b) CPC</ref>.

			*'''For matters to be tried in the High Court'''

			Generally, offences to be tried in the High Court in its original jurisdiction are the more serious offences such as murder, drugs trafficking, rape and kdinapping. The Public Prosecutor may, by fiat, designate the matter to be tried in the High Court where he is of the opinion that this ought or must be done<ref>s 210(1) CPC</ref>.

			In matters to be tried in the High Court, the accused will be produced before a Magistrate’s Court and the charge shall be explained to be him but he will not be called upon to plead thereto<ref>s 173 CPC</ref>.

			===<small>2. Charging Instrument</small>===

			The charging instrument in Singapore Criminal Law is simply known as the “charge”<ref>Part VII CPC</ref>. Every charge must state the offence with which the accused is charged<ref>s 123(1) CPC</ref>. If the law which creates the offence gives it any specific name, it may only be described in the charge by that name only (s 123(2) CPC). If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged(s 123(3) CPC). The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged(s 123(5) CPC).

			===<small>3. Preliminary Hearing</small>===

			Prior to the Criminal Justice Reform Act 2018, most cases to be tried in the High Court go through an additional committal hearing to determine if there is sufficient evidence to commit an accused person for trial. This has since been replaced with the extension of the transmission procedure for cases to be heard in the High Court to replace the committal hearing process(s 47 Criminal Justice Reform Act 2018).

			The other preliminary hearings for criminal trials are mostly in the form of “pre-trial conferences”. These are used to settle administrative matters in relation to a trial. These apply to both matters to be heard in the Magistrate/District Court and those to be heard in the High Court(s 171 CPC and s 220A CPC).

			===<small>4. Pre-Trial Motions</small>===

			Criminal Motions are governed by Part XX, Division 5 of the CPC. The motions commonly arising pre-trial include:

			- Bail pending trial or appeal;

			- Variation of the amount of bail;

			- Request for production of papers and documents

			- Reservation of question of law to the Court of Appeal

			Criminal motions that are filed to the High Court are normally heard in Open Court<ref>https://www.supremecourt.gov.sg/rules/court-processes/criminal-proceedings/types-of-criminal-proceedings/criminal-motions</ref>. Any party to the proceedings may also apply to state a case to the relevant court on any question of law(s 395-396 CPC).


			===<small>5. Discovery</small>===

			Discovery procedure in Singapore is largely governed by the Criminal Case Disclosure Conference (“CCDC”) Process as specified in Part IX, Division 1 and Division 2; and Part X, Division 5 of the CPC. CCDC procedure applies to offences triable both in the Magistrate/District and High Court, but can be dispensed away with on request by the Defence for matters heard in the Magistrate/District Court<ref>s 159(2) CPC</ref>. Matters to be tried in the High Court are compulsorily subject to the CCDC procedure<ref>s 211A CPC</ref>.


			The CCDC directed by a Court will settle the following matters<ref>s 160 and s 212 CPC</ref> :

			a. The filing of the Case for the Prosecution and the Case for the Defence;

			b. Any issues of fact or law which are to be tried by the trial judge at the trial proper;

			c. The list of witnesses to be called by the parties to the trial;

			d. The statements, documents or exhibits which are intended by the parties to the case to be admitted at trial; and

			e. The trial date.


			The Case for the Prosecution must contain the following<ref>s 162(1) and s 214(1) CPC</ref> :

			a. A copy of the charge which the prosecution intends to proceed with at trial;

			b. A list of the names of the witnesses for the prosecution;

			c. A list of the exhibits that are intended by the prosecution to be admitted at the trial;

			d. The statements of the witnesses that are intended by the prosecution to be admitted at the trial

			e. Any written statement made by the accused at any time and recorded by an officer of a law enforcement agency, which the prosecution intends to adduce in evidence A list of every statement, made by the accused at any time to any enforcement agency, which the prosecution intends to adduce in evidence

			f. A list of statements made by the accused which the prosecution intends to adduce in evidence.


			The Case for the Defence must contain the following<ref>s 165(1) and s 217(1) CPC</ref> :

			a. A summary of the defence to the charge and the facts in support of the defence;

			b. A list of the names of the witnesses for the defence;

			c. A list of exhibits that are intended by the defence to be admitted at the trial; and

			d. If objection is made to any issue of fact or law in relation to any matter contained in the Case for the Prosecution: (i) a statement of the nature of the objection; (ii) the issue of fact on which evidence will be produced; and (ii) the points of law in support of such objection.


			Further, the Prosecution is under an obligation to disclose to the Defence<ref>Muhammad bin Kadar v PP [2011] 3 SLR 1205</ref> :

			(a) any unused material that is likely to be admissible and that might reasonably be regarded as credible and relevant to the guilt or innocence of the accused; and

			(b) any unused material that is likely to be inadmissible, but would provide a real (not fanciful) chance of pursuing a line of inquiry that leads to material that is likely to be admissible and that might reasonably be regarded as credible and relevant to the guilt or innocence of the accused.

			This will not include material which is neutral or adverse to the accused – it only includes material that tends to undermine the Prosecution’s case or strengthen the Defence’s case.


			=='''<small>TRIAL</small>'''==

IBJadmin: /* CONDITIONS OF CONFINEMENT */

2020-01-22T18:30:44Z

CONDITIONS OF CONFINEMENT

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	=='''<small>CONDITIONS OF CONFINEMENT</small>'''==		=='''<small>CONDITIONS OF CONFINEMENT</small>'''==

	===<small>1. ~~Double jeopardy~~</small>===		The prison must be kept clean and washed as often as necessary: r 105. The clothes of prisoners and their bed-clothes are also required to be aired, changed and washed as often as the medical officer may direct: r 106(1). The clothes of prisoners must be changed weekly: r 106(2).

			Every prisoner must be provided with regular meals that are adequate for the basic health or medical condition of the prisoner: r 110. They are also entitled to such exercise as the medical officer considers necessary for their health: r 107.

			The hours of labour for prisoners is determined by the Minister though it cannot exceed 8 hours in any one day: r 102. Prisoners are also entitled to rest days on weekends and public holidays: r 103(1). Jewish and Muslim prisoners are also entitled to observe the sabbath and fasting during Ramadan respectively: r 103(2)-(3). Prisons are also obliged to hold religious services and visits by religious ministers: r 114.

			Prisoners may also have access to books and papers as well as educational programmes, as may be directed by the Commissioner: r 115(1). Long sentence prisoners may also participate in recreational activities as authorised by the Commissioner: r 115(2).

			It is the Superintendent’s discretion as to the hours that prisoners are unlocked from their cell and locked up for the night, and he may fix different hours for different categories of prisoners: r 101. Every male prisoner must be confined at night in individual cells if the accommodation of the prison permits: r 80. Where prisoners must be kept together in the same cell, a minimum number of 3 prisoners must be kept in each cell and must be lighted at night and be under the constant supervision of prison officers: r 81.

			Prisoners also have the privilege of sending and receiving letters monthly, which may be opened and read by a prison officer: r 127(1) r/w r 127A. They may also receive visits from their family and friends: r 127(2).

			=='''<small>RIGHT TO MEDICAL CARE</small>'''==

			Upon admission, every prisoner will be examined by a medical officer, who will record the prisoner’s state of health: r 77(1). Medical officers are also obliged to visit sick prisoners once daily or more frequently, prisoners sentenced to solitary confinement once daily, every other prisoner once a week: r 60(2).

			An infirmary is provided for sick prisoners (r 108) and prisoners may be vaccinated at the discretion of the medical officer (r 109).

			In conducting the initial examination upon the prisoner’s admission, the medical officer is obliged to give special attention to the mental condition of the prisoner: r 77(2). The medical officer is also obliged to keep careful observation on the mental condition of prisoners condemned to death and long sentence prisoners: r 62.

			=='''<small>WOMEN'S RIGHTS IN PRISON</small>'''==

			Female prisoners must be attended by female prison officers: r 82. Female prisoners also do not have to have their hair cut on admission unless the medical officer considers it necessary for health and cleanliness: r 78(3).

IBJadmin at 18:28, 22 January 2020

2020-01-22T18:28:34Z

← Older revision		Revision as of 20:28, 22 January 2020
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	=='''<small>~~RIGHTS IN PRISON~~</small>'''==		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:170%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">'''Rights in prison'''</h2>

			=='''<small>CONDITIONS OF CONFINEMENT</small>'''==

			===<small>1. Double jeopardy</small>===

	~~===<small>1. Conditions of confinement</small>===~~