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Consolidated Acts of Samoa 2011 |
SAMOA
PRISONS ACT 1967
Arrangement of Provisions
PART I
PRELIMINARY
2A. Consequential amendment
PART II
PRISONS CONSTITUTED
OR CONTINUED
PART III
PRISONS SERVICE
PART IV
REGULATIONS, RULES
AND INSTRUCTIONS
PART V
VISITING COMMITTEE
PART VI
OFFENCES
PART VII
GENERAL PROVISIONS
39A. Release of prisoners on parole
39B. Remission of part of prison sentence
PART VIII
ADMINISTRATION OF
CONVICTS PROPERTY
PART IX
MISCELLANEOUS
PRISONS ACT 1967
1967 No. 4
AN ACT to consolidate and amend the law relating to the establishment and regulation of prisons and of a Prisons Service in Samoa.
[Assent and commencement date: 24 July 1967]
PART I
PRELIMINARY
1. Short title - This Act may be cited as the Prisons Act 1967.
2. Interpretation - In this Act, unless the context otherwise requires:
“Board of Appeal” means a Board of Appeal constituted as provided in section 40 of the Police Service Act 2009 with necessary modifications;
“Chief Justice” means the Chief Justice of the Supreme Court of Samoa;
“Commissioned officer” means an officer holding the rank of Commissioner, Superintendent, or First Chief Officer;
“Commissioner” means the Commissioner of Prisons appointed under this Act and includes a person lawfully acting as the Commissioner;
“District Court Judge” means a Judge of the District Court of Samoa;
“First Chief Officer” means the First Chief Officer in charge of a prison, prison farm or police gaol;
“Head of State” means the Head of State, acting on the advice of Cabinet;
“Judge” means a Judge of the Supreme Court of Samoa and includes the Chief Justice;
“Medical Officer” includes the [Director of Health and] any [other] Medical Officer appointed by the Public Service Commission to the Public Service;
“member” includes an employee of the Prisons Service, whether a commissioned officer or a subordinate officer and whether permanent or temporary;
“Minister” means the Minister responsible for Police, Prisons and Fire Service;
“officer” includes every permanent employee of the Prisons Service, whether a commissioned officer or a subordinate officer, but does not include a temporary employee;
“Police Service” means the Police Service of Samoa established or continued under the Police Service Act 2009;
“police gaol” means any police station declared to be a police gaol under the provisions of this Act;
“prison” includes not only all houses, buildings, enclosures, and places declared by or under this Act to be or constituted prisons, but also the airing grounds, and other grounds or buildings occupied by an officer or member for the purposes of the prison and contiguous thereto;
“prisoner” includes any person lawfully committed to custody.
“regulations” and "prisons regulations" means regulations made or enuring under this Act;
“rules” and "prison rules" means rules made or enuring under section 26.
“Samoan Public Trustee” means the Public Trustee appointed under the Public Trust Office Act 1975.
“Service” and “Prisons Service” means the Prisons Service of Samoa established or continued under this Act.
“subordinate officer” means an officer holding the rank of senior sergeant, sergeant, corporal, warder or wardress.
2A. Consequential amendment - The word “Gaoler” or “Gaolers” wherever used in the principal Act shall be omitted and substituted with the words “First Chief Officer” or “First Chief Officers” as the case may be.
PART II
PRISONS CONSTITUTED OR CONTINUED
3. Existing prisons and police gaols to continue – A house, building, enclosure and place which immediately before the coming into force of this Act was used as or deemed to be a prison or police gaol shall for all purposes whatsoever be and be deemed to be and to have been duly constituted a prison or police gaol respectively, and shall continue to be a prison or police gaol respectively under this Act.
4. Prisons and police gaols may be proclaimed - The Head of State may by proclamation:
(a) declare a house, building, enclosure or place to be a prison, and, on the gazetting of such proclamation or any later time specified therein, such house, building, enclosure or place is deemed to be a prison;
(b) declare a police station to be a police gaol; and all the provisions of this Act as to prisons shall apply to such police gaol save that prisoners whose sentences exceed 30 days imprisonment may not be detained therein, except for such period as may elapse before they can be conveyed to a prison;
(c) declare that a prison or police gaol shall no longer be a prison or police gaol whenever the same becomes unfit for the purpose or unnecessary, or for any other reason ought to cease to be a prison or police gaol, and on and after the gazetting of such proclamation or any later date fixed therein, such prison or police gaol respectively shall cease to be a prison or police gaol.
PART III
PRISONS SERVICE
5. Constitution of Service - (1) The establishment of the Prisons Service of Samoa shall consist of the following ranks:
Commissioner
Commissioned officers
Superintendent
First Chief Officers
Senior Sergeants
Sergeants
Subordinate officers
Corporals
Warders
Wardresses
(2) An officer and other member at present employed in the Prisons Service shall without further authority than this Act be deemed
to be appointed an officer or member of the Service in the rank held by him or her on the coming into force of this Act and every
such appointment shall be either permanent or temporary according to his or her then condition.
(As to First Chief Officers see section 2A)
6. Commissioner of Prisons - The Commissioner of Police shall be the Commissioner of Prisons, and has the general control of the Service.
7. Superintendent of Prisons - The Head of State, acting on the advice of the Minister, may appoint a fit and proper person to be Superintendent of Prisons.
8. Repealed.
9. Appointment of First Chief Officers - (1) The Commissioner with the consent of the Minister may appoint such number of First Chief Officers as the Commissioner deems
necessary.
(2) The Commissioner may appoint a member of the Police Service to be the First Chief Officer of a police gaol.
(3) The rank of First Chief Officer shall be equivalent to the rank of Chief Inspector of Police.
(As to First Chief Officer and First Chief Officers, see section. 2A)
10. Appointment of subordinate officers - The Commissioner with the consent of the Minister may appoint such numbers of subordinate officers of different grades as the Commissioner
deems necessary.
11. Interchange of members with Police Service - For the purposes of interchange, the Commissioner in the Commissioner’s discretion may transfer a member of the Police Service
to the Prisons Service, and a member of the Prisons Service to the Police Service, whereupon the transferred member is entitled to
receive the pay and allowances of the equivalent of the member’s rank in the Service or Police Service to which the member
is transferred.
12. Appointment of temporary members -(1) The Commissioner may, with the consent of the Minister and on such conditions as the Commissioner determines, appoint as temporary
members of the Service such number of senior sergeants, sergeants, corporals, warders, and wardresses as the Commissioner may deem
necessary.
(2) All persons so appointed shall hold office at the will of the Commissioner.
(3) Subject to such exceptions and modifications as may be prescribed by the Regulations the provisions of this Act and of the Regulations
with respect to permanent members of the Service shall extend and apply to temporary members of the Service.
13. Members of the Service to take oath - (1) No person shall be capable of being a member of the Service or of acting in any other way therein until he or she has taken and subscribed before the Chief Justice or a person appointed in writing in that behalf by the Minister the following oath.
“I, A.B., do swear that I will well and truly serve the Independent State of Samoa in the Prisons Service without favour or
affection, malice or ill will until I am legally discharged; that I will see and cause the peace of the Independent State of Samoa
to be kept and preserved; that I will prevent to the best of my power all offences against the same; and that while I continue to
be employed in the Service I will to the best of my skill and knowledge discharge all my duties therein faithfully according to law.
So help me God.”
(2) A person who has taken and subscribed the oath as aforesaid is deemed to have, from the day on which the same was taken and subscribed,
thereby entered into a written agreement with, and is bound to serve, the Independent State of Samoa as a member of the Service in
whatever capacity he or she may, in accordance with the provisions of this Act, be required to serve, and at the current rate of
pay of any rank to which he or she may be appointed or reduced, until legally dismissed or otherwise removed from office or membership;
and no such agreement shall be set aside, cancelled, or annulled for want of reciprocity; but any such agreement shall be determined
by the dismissal or other removal from office or membership of the person who is deemed to be a party thereto, or by the acceptance
of the resignation of the Commissioner or the Superintendent by the Head of State or of any First Chief Officer by the Commissioner
with the consent of the Minister, or of any other member by the Commissioner.
(As to First Chief Officer, see section. 2A)
14. Payment and charging of remuneration - The salaries, wages and allowances payable to officers and other members of the Service shall be paid out of the Treasury Fund, and shall rank as a first charge thereon along with all salaries, wages and allowances payable under section 23(2) of the Public Service Act 2004.
15. Breaches of duty by members of the Service - A member commits a breach of duty who:
(a) is insubordinate or otherwise misbehaves or misconducts himself or herself or is incompetent or negligent in the execution of his or her duty or neglects his or her duty; or
(b) is unfit to remain in the Prisons Service, by reason of his or her conduct or for any other reason; or
(c) engages during his or her term of employment in the Prisons Service in any paid employment or any business or profession outside the duties of his or her position in the Prisons Service or of any other office in the Public Service of Samoa or of any other country held by the member concurrently with his or her position in the Prisons Service, without the consent of the Commissioner.
16. Suspension pending disposal of charge - (1)The Commissioner with the consent of the Minister may suspend from the Service any First Chief Officer, and the Commissioner may
suspend from the Service any subordinate officer, against whom a charge has been made that he or she has committed a breach of duty
or an offence until such time as the charge has been inquired into and disposed of:
PROVIDED THAT no suspension pursuant to this section shall continue for longer than 21 days except where:
(a) an information has been filed in any Court in respect of the alleged committal of the offence; or
(b) any delay in holding or concluding an inquiry into the charge or an appeal occurs through any circumstances beyond the control
of the Commissioner.
(2) An officer who is suspended from the Service under this section:
(a) may at any time be reinstated in the Service, in the officer’s old position or any other, by the authority who suspended the officer; and
(b) is not entitled to receive a salary, allowance or other remuneration in respect of the period of his or her suspension unless otherwise directed by:
(i) the authority who suspended the officer; or
(ii) on any appeal, the Board of Appeal.
17. Inquiries into charges of breaches of duty and punishments - (1) An officer other than the Commissioner and the Superintendent who is charged with a breach of duty shall be charged in writing by the Commissioner, and, if the officer makes a written denial of the charge, the following provisions shall apply:
(a) the appropriate appointing authority designated in paragraph (b) shall appoint a tribunal to inquire into the charge, and to report to the appointing authority:
(i) its findings; and
(ii) if it finds the charge to be proved, its recommendation as to punishment.
(b) the appointing authority shall be:
(i) the Commissioner with the consent of the Minister if the officer charged is a First Chief Officer;
(ii) the Commissioner if the officer charged is a subordinate officer.
(c) the tribunal shall be:
(i) two or more persons of whom 1shall be an officer of the Service equal or senior in rank to the officer charged and who shall not include any other member of the Service, if the officer charged is a First Chief Officer;
(ii) the Superintendent or a First Chief Officer, if the officer charged is a subordinate officer.
(d) if the tribunal finds the charge to be proved, it may recommend, and the appointing authority may impose, one of the following punishments it thinks fit:
(i) dismissal from the Service;
(ii) reduction in rank, seniority and pay or any one or more of them;
(iii) a fine not exceeding 1 penalty unit if the offender is a commissioned officer, 1 penalty unit if the offender is a senior sergeant, sergeant or corporal, and 1 penalty unit if the offender is a warder or wardress;
(iv) any other punishment not more severe than any of the foregoing punishments.
(e) no appointing authority shall be bound by the recommendation of the tribunal as to punishment.
(2) An officer, who is charged with a breach of duty and who admits the charge in writing, is liable to the same range of punishments
imposed by the same authority as if he or she had denied the charge in writing and the appropriate tribunal had found the charge
to be proved.
(3) An officer who is charged with a breach of duty and who fails to admit or deny the charge in writing within such reasonable time
as is required in writing by the Commissioner is deemed to have made a written denial of the charge for the purposes of subsection
(1).
(4) An officer who is convicted by a Court of an offence punishable by imprisonment is liable to the same range of punishments imposed
by the same authority as if the offence had been the subject of a charge under this section which was found to be proved or admitted,
irrespective of any other punishment for which he or she may be liable by law.
18. Procedure of tribunals inquiring into charges - (1) Each tribunal holding an inquiry under section 17 shall give to the officer charged an opportunity to appear before the tribunal,
by himself or herself or with a solicitor or agent, and to adduce evidence before the tribunal and make representations in opposition
to the charge.
(2) The tribunal may, on the application of the officer charged or otherwise, issue summonses for the attendance of witnesses, administer
an oath to any witness and examine the witnesses in the matter of the charge.
(3) A person so summoned who does not without reasonable cause attend at the time and place named in the summons or who refuses to
be sworn, or, being sworn, refuses to give evidence or to answer any question lawfully put to him or her, commits an offence and
is liable to a fine not exceeding 1 penalty unit.
(4) If a person wilfully gives false evidence at such an inquiry, the person shall be guilty of perjury within the meaning of the
Crimes Ordinance 1961.
(5) The amount of a fine imposed under this section or section 17 may be deducted from any money due or thereafter becoming due from
the Government to the person fined by way of salary or otherwise.
19. Appeals - (1) An officer other than the Commissioner and the Superintendent who is charged in writing with a breach of duty which the officer
denies or is deemed to deny in writing but which is found to have been proved under section 17, and who is dissatisfied with the
finding of the relevant tribunal or the punishment imposed by the relevant authority, may appeal therefrom to a Board of Appeal.
(2) An officer other than the Commissioner and the Superintendent who is charged in writing with a breach of duty which the officer
admits in writing, and who is dissatisfied with the punishment imposed by the relevant authority, may appeal therefrom to a Board
of Appeal.
(3) The procedure for an appeal under this section is as prescribed by section 41 of the Police Service Act 2009so far as applicable
and with any necessary modifications, and the Board of Appeal shall have all powers thereby conferred upon it.
20. Prisons Service subject to provisions of Police Service Act - (1) All members of the Prisons Service are deemed to form part of the Police Service for the purpose of their employment by the Government
of Samoa, and all the provisions of the Police Service Act 2009 and the regulations made thereunder shall, as far as they are applicable and do not conflict with this Act or the Regulations, and
with any necessary modifications, apply to members of the Prisons Service.
(2) A misconduct or neglect of duty under this Act by the Commissioner or the Superintendent is deemed to be misconduct or neglect
of duty under the Police Service Act 2009, and if either of them is guilty of conduct rendering it unfitting that the officer should remain in the Prisons Service or who is
for any reason unfit to remain in the Service, the officer shall be deemed to be unfit to remain in the Police Service, thus enabling
either of them to be suspended or dismissed as the case may require concurrently from both the Service and the Police Service.
21. Prisoners may be employed outside prison - A prisoner whether imprisoned under imprisonment with hard labour or otherwise may be employed at labour beyond the precincts of the prison in which he is lodged; and such a person, despite such employment, shall, as respects the provisions of this Act, be deemed to be within the limits of the prison in which he or she is lodged.
22. Female prisoners to be kept separate - (1) In a prison containing female prisoners as well as males, the females shall be imprisoned in separate buildings or separate
parts of the same building in such manner, as far as practicable, as to prevent any female seeing, conversing, or holding an interview
with a male.
(2) To a prison in which females are confined there shall be appointed a wardress and such other subordinate female officers as may
be necessary.
PART IV
REGULATIONS, RULES AND INSTRUCTIONS
23. Regulations as to government of Service - (1) The Head of State, acting on the advice of Cabinet, may make regulations prescribing:
(a) any duties of any members of the Prisons Service, and the punishments, not inconsistent with this Act, to which they are liable for breaches of duty or offences;
(b) the salaries, wages and allowances payable to members of the Service;
(c) the discipline and control of the Service;
(d) the construction and description of cells for separate confinement or punishment of persons confined in prisons, and certifying the same as fit for the purpose;
(e) the safe custody, classification, hours of labour, mode of employment, separation, diet, instruction, treatment and correction of prisoners confined in prisons;
(f) the remission of portions of sentences by marks to be earned by the good conduct of the prisoners within the Head of State's powers in that behalf prescribed by Article 110 of the Constitution;
(g) the kind of work or labour to be performed by prisoners;
(h) the classification and treatment of persons arrested upon any civil process or held on bail for any debt;
(i) any other purpose or object for which regulations, either general or special, may be made pursuant to this Act;
(j) generally all such regulations as are necessary for the effective administration of this Act or for the good management and government
of prisons and the discipline and safe custody of prisoners and accused persons, both while in a prison and while employed at labour
beyond the limits of any prison.
(2) All or any of such regulations may be made to apply generally to all prisons or to any 1or more prisons specified as the Head
of State, acting on the advice of Cabinet, thinks fit.
24. Special regulations as to accused persons - (1) In order to mark the difference between the treatment of persons accused but not yet convicted of a crime or an offence and meantime
in law presumed innocent, and the treatment of prisoners convicted of a crime or an offence and detained in prison for the purpose
of punishment, special regulations may be made by the Head of State, acting on the advice of Cabinet, for the treatment of persons
accused but not yet convicted.
(2) Such regulations may provide for all or any of the following matters:
(a) with respect to the retention by such an accused person of the possession of any books or papers in his or her possession at the time of arrest and which may not be required for evidence against him or her, and are not reasonably suspected of forming part of property improperly acquired by him or her or, are not for some special reason required to be taken from him for the purposes of justice;
(b) with respect to communications between such an accused person, his or her solicitor, and friends, so as to secure to such accused person unrestricted and private communication, as far as possible, between the accused person and his or her solicitor and friends, having regard only to the necessity of preventing any tampering with evidence and any plans for escape or other like considerations;
(c) with respect to arrangements whereby such an accused person may provide himself or herself with articles of diet, or may be furnished with a sufficient quantity of wholesome food, or may be protected from being called on to perform any task or office; and
(d) generally regulating the confinement of such accused persons in such manner as to make it as little as possible oppressive, due regard being had only to their safe custody, to the necessity of preserving order and good government in the place in which they are confined, and to the physical and moral well being of the accused persons themselves.
25. Regulations as to photographing, etc., prisoners and accused persons - (1)The Head of State, acting on the advice of Cabinet, may make regulations as to photographing and taking measurements and finger
prints of all prisoners or accused persons who are for the time being confined in any prison or police gaol.
(2) Any such regulations may provide for the use of reasonable force in order to ensure compliance.
(3) Any such regulations may provide for the destruction of any records taken in the case of a person not subsequently convicted of
a crime or offence, and of any other records the preservation of which is no longer desirable.
(4) A prisoner or accused person who refuses to obey such a regulation, after the same has been read to him or her by an officer or
member of the prison or police gaol is guilty of an aggravated prisoner's offence within the meaning of section 35.
26. Rules and general instructions - The Commissioner may issue prison rules and general instructions not inconsistent with a provision of this Act or the Regulations, for the guidance of officers and members of the Service and prisoners, and any such rules and general instructions shall remain in force until cancelled by the Commissioner, and all officers and members of the Service and prisoners shall obey and be guided by those rules and instructions.
PART V
VISITING COMMITTEE
27. Appointment and duties of Visiting Committee - (1) The Head of State may appoint a Visiting Committee of any prison which shall include the Minister and:
(a) a District Court Judge or Fa'amasino Fesoasoani;
(b) a Medical Officer;
(c) the Commissioner or the Senior Superintendent of Police; and
(d) a member of the Legislative Assembly.
(2) The Committee so appointed shall have the powers and duties following:
(a) to visit such prison and the prisoners therein;
(b) to make inquiry as to the state of the prisoners and the discipline and condition of the prison, but not to give an order or interfere with the administration of the prison;
(c) to inspect all entries made since the date of their last visit to the prison in the "Punishment Book" referred to in section 31;
(d) to hear a complaint made to them by a prisoner, whether privately or otherwise at the discretion of the Visiting Committee, but in any event in the presence of the Superintendent;
(e) to report in writing over the hand of the Commissioner to the Head of State upon such complaint or upon all or any other matters
coming under their notice in respect of the prison visited as often as the Committee thinks fit but in any case at least once in
each quarter of each and every year.
(3) The Head of State may at the Head of State’s pleasure remove a person appointed to the Visiting Committee other than the
Minister.
(4) Any 3 or 4 members of the Committee may exercise a power or perform a duty of the Committee.
28. Regulations as to Visiting Committee - The Head of State may make regulations with respect to the duties of the Visiting Committee.
29. Visits by Chief Justice - The Chief Justice may, whenever the Chief Justice thinks fit, enter into and examine the conditions of a prison and of the prisoners therein, and any observations the Chief Justice thinks fit to make shall be referred to the Visiting Committee and it is the duty of the Visiting Committee, at its next visit to the prison, to give consideration to the matters so brought to its attention.
PART VI
OFFENCES
30. Hearing of complaints of offences by prisoners against rules - The Commissioner shall have power to hear a complaint regarding an offence by a prisoner against a prison rule or against this Act and may examine a person touching such offence, but a hearing and examination shall be in the presence and hearing of the prisoner charged with such offence.
31 .Punishments for minor prisoner's offences - (1) Where a prisoner is found on such hearing and examination to have committed a minor prisoner's offence as classified in section 34 the Commissioner may inflict on the offender any one or more of the following punishments:
(a) to be kept in close and solitary confinement in a cell for a time to be specified, but not for a longer time than 6 days;
(b) to be fed upon restricted diet only during any time not exceeding 6 days;
(c) to be deprived for a time of all or any privileges.
(2) No punishment inflicted under this section shall extend the imprisonment of the person charged beyond the term for which he or
she was originally sentenced.
(3) The Commissioner on imposing any such punishment shall enter and sign in a separate book, to be called the “Punishment Book”
a statement of the nature of any offence for which the Commissioner has imposed a punishment, the name of the offender, the date
of the offence, particulars of the punishment, and the date on which the Commissioner imposed the punishment.
(4) A copy of every such entry shall be forthwith sent by the Commissioner to the Minister.
32. Rehearing of charges of aggravated prisoner's offences and punishments - (1) Where a prisoner is found on such hearing and examination to have committed an aggravated prisoner's offence as classified in section 35 the Commissioner hearing the charge shall direct the same to be reheard before the District Court; and on such rehearing a District Court Judge may inflict on the offender any one or more of the following punishments:
(a) to be kept in close and solitary confinement, in a cell, in irons or not, for a time to be specified, but not for a longer time than 30 days;
(b) to be fed upon restricted diet only during any time not exceeding 14 days;
(c) to be deprived for a time of all or any privileges.
(2) The Commissioner shall forthwith report to the Minister a punishment ordered under this section, and such report shall state the
name of the offender, the date of the offence, the nature of the offence, particulars of the punishment ordered, and the date on
which the punishment was imposed.
33. Disciplinary punishments to be additional to any other authorised by law - A prisoner found guilty of a prisoner’s offence classified in sections 34 and 35 is liable to the disciplinary punishments authorised by section 31 or 32, as the case may be, irrespective of any other punishment for which the prisoner may be liable by law.
34. Minor prisoner's offences classified - The following is classified as minor prisoner's offences:
(a) disobedience of the rules of the prison;
(b) profane cursing and swearing;
(c) indecent behaviour;
(d) irreverent behaviour at divine service;
(e) insulting or threatening language to any member of the Prisons Service or prisoner;
(f) idleness or negligence at work;
(g) wilful mismanagement of work;
(h) obstructing any member of the Prisons Service or Medical Officer in the execution of his or her duty;
(i) giving provisions to or exchanging them with any other prisoner;
(j) communicating with any other prisoner without leave, whether by making signs or otherwise;
(k) disrespect to any Judge, District Court Judge or Medical Officer, any member of a Visiting Committee, the Commissioner or any other member of the Prisons Service;
(l) committing a nuisance;
(m) marking, defacing, or damaging any window or other part of the prison or any other prison property;
(n) making unnecessary noise;
(o) secreting anything;
(p) inciting another prisoner to commit a minor offence.
(q) consuming alcoholic liquor;
(r) smoking during working hours;
(s) wasting foodstuff;
(t) speaking to any prisoner of the opposite sex;
(u) burning a light after a lights-out signal;
(v) playing cards for money or other gain or gambling in any other way;
(w) failing to keep body or clothing clean;
(x) talking to any member of the public;
(y) making or attempting to make any wound or sore;
(z) pretending illness;
(aa) wilfully making a disturbance tending to interrupt the order and discipline of the prison;
(ab) theft of growing crops or prison produce;
(ac) being in possession of any tool or instrument not issued to the prisoner for work;
(ad) common assault by one prisoner on another; and
(ae) any other conduct subversive of the peace, order or good government of the prison, and which is not classified in section 35 as an aggravated prisoner's offence.
35. Aggravated prisoner's offences classified - The following is classified as aggravated prisoner's offences:
(a) theft from a fellow prisoner;
(b) any theft other than a theft which is classified as a minor offence;
(c) mutiny or incitement to mutiny in the prison;
(d) personal violence to any member of the Prisons Service or other person except a common assault on another prisoner;
(e) escaping or attempting to escape;
(f) aggravated or repeated assault on another prisoner;
(g) repetition of any minor prisoner's offence after having been twice punished for a minor offence of the same kind;
(h) preferring a false or frivolous complaint against a member of the Prisons Service;
(i) the offence constituted by section 25(4);
(j) any other act of gross misconduct or insubordination.
36. Offences by public against prison discipline - (1) A person commits an offence who, without lawful authority the existence of which it shall be upon such person to establish:
(a) holds or attempts to hold any communication with a prisoner;
(b) delivers, or in a manner endeavours or attempts to deliver, or causes to be delivered, to a prisoner, or introduces, or endeavours or attempts to introduce, or cause to be introduced, into a prison, any offensive or dangerous weapon, instrument or thing, ammunition, tool, money, article of clothing, letter, wine, spirituous or fermented liquor, tobacco, or any other article or thing whatsoever (hereinafter together included in the term "prohibited article");
(c) delivers or causes to be delivered to any other person any prohibited article for the purpose of being delivered or introduced as aforesaid;
(d) secrets or leaves upon or about any place where any prisoner is or is likely to be employed, any prohibited article, for the purpose of being found or received by any prisoner;
(e) in any other manner conveys, or causes to be conveyed, any prohibited article to any prisoner;
(f) for any purpose aforesaid lurks or loiters about any road, other public works, prison or place in or at which prisoners or accused
persons are or may be confined or employed.
(2) If a police or prison officer suspects on reasonable grounds that a person is guilty of an offences described in subsection (1)
it shall be lawful for him or her to apprehend such person without warrant and to detain the person and keep him or her in safe custody
until the person can be brought before the District Court.
(3) A person guilty of an offence described in subsection (1) in relation to any offensive or dangerous weapon, instrument or thing
or ammunition is liable to imprisonment for a term not exceeding 2 years and any person guilty of any such offence in relation to
any other prohibited article shall be liable to a fine not exceeding 1 penalty unit, or to imprisonment for a term not exceeding
6 months or both.
(4) A person lurking or loitering about a road, other public works, prison or place in or at which prisoners or accused persons are
confined or employed, and who refuses or neglects to depart therefrom upon being duly warned by a police or prison member or authorised
person so to do is deemed and taken to be lurking or loitering about such road, other public works, prison or place for a purpose
described in subsection (1)(a) to (e) inclusive.
(5) Nothing in the preceding provisions of this section is deemed to prohibit a person from delivering to a First Chief Officer for
or on behalf of any prisoner any such money, article of clothing, letter, tobacco, article or thing which may be received by the
First Chief Officer on behalf of a prisoner without committing a breach of the rules.
37. Member committing such offence - A member of the Prisons Service who commits an offence described in section 36(1), is liable to double the maximum penalty for that offence prescribed by section 36(3), and may, in addition, be dismissed from the Service.
38. Member suffering admission into prison of prohibited article - A member of the Prisons Service who suffers any prohibited article to be admitted into, sold or used in any prison without lawful authority, is liable, in the case of any offensive or dangerous weapon, instrument or thing or ammunition, to imprisonment for a term not exceeding 3 years, and, in the case of any other prohibited article, to a fine not exceeding 2 penalty units or imprisonment for a term not exceeding 9 months or both, and may, in addition, in any such case, be dismissed from the Service.
PART VII
GENERAL PROVISIONS
39. Term of imprisonment expiring on Sunday - A prisoner confined in a prison, whose term of imprisonment would, according to his sentence or any regulations relating to remission of sentences, expire on a Sunday, is entitled to his or her discharge on the Saturday next preceding such Sunday; and every First Chief Officer of every prison having the custody of any such prisoner is hereby required and authorised to discharge such prisoner accordingly.
39A. Release of prisoners on parole - (1) The Commissioner may authorise the Superintendent or First Chief Officer to direct the temporary release on parole of a prisoner
for such period or periods and subject to such conditions and restrictions as the Commissioner thinks fit. An authority given by
the Commissioner under this section may be exercised either generally or in respect of cases of any specified class or in respect
of any particular case.
(2) The Commissioner may at any time direct the return to any prison of a person released on parole under this section.
(3) A person released on parole under this section is deemed to be unlawfully at large if the person is at large after the expiry
of the period for which he or she was so released or after the giving of a direction for his or her return to a prison as aforesaid.
(4) A person released on parole under this section is deemed to have escaped from lawful custody, and is liable accordingly, if he
or she is at large after the expiry of the period for which he or she was so released.
(5) For the purposes of sections 15 and 42, no First Chief Officer shall be guilty of a breach of duty by reason only of the escape
from lawful custody of a person released on parole under this section unless such person had a known propensity for escaping, or
unless the temporary release of that particular person was in the circumstances of the case attributable to wilful neglect by such
First Chief Officer.
39B. Remission of part of prison sentence - (1) The Minister may at any time grant to a prisoner serving a sentence of imprisonment of 1 year or more, remission of a part of
his or her sentence, not exceeding one-fourth of the term thereof, on the ground of his or her good conduct and industry.
(2) Where the Minister considers that the conduct of a prisoner has been exemplary during his or her prison sentence or where a prisoner
has during his or her sentence performed some outstanding act of service, the Minister may grant to the prisoner, in addition to
a remission which may be granted to him or her under subsection (1), a special remission of part of his or her sentence, not exceeding
one-twelfth of the term.
(3) A grant under this section of remission of a part of the sentence of any prisoner may be revoked, in whole or in part, by the
Minister at any time before the prisoner is released, if the Minister is satisfied that the conduct or industry of the prisoner since
the granting of the remission has been unsatisfactory or that the grant was made in error.
(4) For the purpose of this section, cumulative terms of imprisonment shall be treated as 1term.
40. Inquests on prisoners - An inquest shall be held on the body of every prisoner who dies within a prison and a Coroner may make such order as to burial as in his or her discretion seems fit.
41. Description of prison in writ - A writ, warrant or other legal instrument addressed to the First Chief Officer of a particular prison, describing the prison by its situation or other definite identification, is valid, by whatever title such prison is usually known or whatever is the description of the prison.
42. First Chief Officers to have charge of prisons - (1) The Superintendent has the general administration and control of all prisons and, in particular, has the charge and superintendence
of the chief prison, and the custody of all persons lawfully imprisoned within the same.
(2) A First Chief Officer appointed to any other prison shall have the charge and superintendence of the prison to which he or she
is appointed and the custody of all persons lawfully imprisoned within the same.
(3) It shall be a breach of the duty of a First Chief Officer within the meaning of section 15 if a person lawfully in his or her
custody escapes by or through his or her neglect or default but not otherwise.
43. When prisoner in legal custody of First Chief Officer - (1) A prisoner is deemed to be in the legal custody of the First Chief Officer:
(a) as soon as the prisoner is delivered within the door of a prison to the First Chief Officer or some other person employed under him or her in the custody of prisoners in such prison, and the liability of the person delivering such prisoner shall cease on such delivery as aforesaid;
(b) whenever the prisoner is being taken to or from, or whenever he or she is confined in, any prison in which the prisoner may be
lawfully confined, or whenever he or she is working outside or is otherwise beyond the walls of such a prison in custody or under
the control of a prison officer belonging to such prison.
(2) A member of the Police Service or the Prisons Service, acting under the order of any Judge, District Court Judge or other judicial
officer having power to commit a prisoner to prison, may convey a prisoner to or from a prison to or from which he or she may be
legally committed or removed.
44. Removal of prisoners for trials - (1) A First Chief Officer may bring a prisoner or person accused of a crime or offence before the proper Court for the trial of
that crime or offence without an order in writing.
(2) Where a prisoner in the custody of a First Chief Officer is charged with a crime or offence not being the crime or offence for
which he is in custody, a Judge, District Court Judge, or other judicial officer having power so to do may by order in writing direct
that First Chief Officer to bring up that prisoner before the Court to be dealt with according to law, and that First Chief Officer
shall obey such order and bring up that prisoner accordingly and after he has been so dealt with he shall be restored to his or her
former custody without any further process or authority for that purpose, and without prejudice to any cause or matter for which
he or she was originally in custody.
45. Removal of prisoners to hospital - (1) In case of illness of a prisoner he or she may by order of a Medical Officer be removed by the First Chief Officer from a prison to
a hospital to be mentioned in such order as occasion requires.
(2) In such a case the prisoner is deemed to remain in the lawful custody of the First Chief Officer who removed the prisoner, and
that First Chief Officer shall under a like order as aforesaid have power to remove such prisoner from such hospital back to the
prison from which he or she was removed.
46. Minister may direct removal of prisoners - (1) The Minister may, by warrant under the Minister’s hand, when and as the Minister thinks fit, direct the removal from a
prison of a prisoner confined therein to any other prison; and upon removal such prisoner is subject to be kept in such other prison
for the residue of his or her sentence, or until further removed by lawful authority:
PROVIDED, HOWEVER, THAT, in the case of an emergency or for any other reason which the Commissioner deems sufficient, a prisoner may be removed from a prison
to any other prison by the order in writing of the Commissioner.
(2) On receipt of such a warrant or order in writing, the First Chief Officer shall, in accordance therewith, remove the prisoner
from one prison to another, or from one place of confinement to another in accordance therewith.
47. Punishment of prisoners for misconduct during removal - Where a prisoner is received into a prison by removal from another prison, it shall be lawful, under a rule or regulation in force in the prison into which the prisoner is so removed, to punish him or her for any misconduct he or she may have committed in the course of such removal, or within 48 hours before the commencement of the same, as if such misconduct had been committed by the prisoner within the prison into which he or she is so received.
48. Proof of sentence or order - The certificate in writing, under the hand of the Registrar or other officer having the custody of the records of the Court where a sentence or order of imprisonment is imposed, made or recorded, containing the substance of such sentence or order, is sufficient evidence thereof, and shall be received in evidence of such sentence or order on proof of the signature and official character of the person signing the same.
49. Protection of members in discharge of duties - A member of the Prisons Service shall by virtue of the member’s appointment have all the powers, authorities, protection and privileges of a constable for the purposes of the execution of his or her duty as such member, including (without restricting the foregoing general words) the purpose of conveying a person to or from a prison, and the purpose of apprehending a person who may have escaped from a prison or who may have escaped while being conveyed to or from a prison.
50. Detention of prisoners in police station - (1) Prisoners who have been sentenced to imprisonment for more than 7 days, or prisoners or accused persons awaiting trial or
on remand, may be detained for any period not exceeding 7 days in a police station, in a place where there is no prison or police
gaol, if their presence in such place is for any reason deemed to be necessary in the interests of justice; and during such period
the police station shall be deemed to be a prison within the meaning of this Act.
(2) A person sentenced to imprisonment for a period of 7 days or less may be detained in a police station (not being a police gaol)
for such a period, and during such period the police station shall be deemed to be a prison within the meaning of this Act.
PART VIII
ADMINISTRATION OF CONVICT'S
PROPERTY
51. “Convict” defined - In this Part of this Act the word “convict” means a person sentenced by a Court to death or to imprisonment for a term of 3 years or upwards.
52. Attorney-General may appoint Public Trustee administrator of convict's property - (1) The Attorney-General may if the Attorney General thinks fit by writing under his or her hand commit the custody and management
of the property of any convict while the convict is in prison to the Samoan Public Trustee, and prescribe the Public Trustee’s
remuneration.
(2) Such powers may be exercised either generally or as to individual convicts.
53. Convict's property to vest in administrator - (1) All the real and personal property, including choses in action, to which the convict was entitled at the time of conviction
shall vest in the Samoan Public Trustee on the Public Trustee’s appointment as aforesaid for all estates or interests therein
of the convict.
(2) All the real and personal property, including choses in action, to which the convict becomes entitled afterwards while serving
his or her sentence of imprisonment shall vest in the Samoan Public Trustee if so appointed on the convict becoming so entitled for
all the estates or interests therein of the convict.
54. Remuneration of administrator - The Samoan Public Trustee shall receive and retain out of the property of each convict which the Public Trustee administers such remuneration as the instrument appointing the Public Trustee to administer such property prescribes.
55. Powers of administrator - The Samoan Public Trustee shall have absolute power to let, mortgage, sell, convey and transfer all or any part of such property as the Public Trustee thinks fit.
56. Public Trustee to pay costs out of property - The Samoan Public Trustee may pay or cause to be paid out of the property or proceeds thereof:
(a) all costs and expenses which the convict has been condemned to pay;
(b) all costs, charges and expenses incurred by the convict in and about his or her defence; and
(c) all such costs, charges and expenses as the Samoan Public Trustee may incur or be put to in or about the carrying of this Part into execution with reference to such property and with reference to any claims which may be made thereon.
57. Public Trustee may pay debts and liabilities of convict - (1) The Samoan Public Trustee may pay or cause to be paid or satisfied out of such property or proceeds thereof a debt or liability
of the convict which is established in due course of law or otherwise to the Public Trustee’s satisfaction.
(2) The Samoan Public Trustee may also cause any property which may come to the Public Trustee’s hands to be delivered to a
person claiming to be justly entitled thereto, upon the right of such person being established in due course of law or otherwise
to the Public Trustee’s satisfaction.
58. Allowances for support of family of convict - The Samoan Public Trustee may, in the Public Trustee’s discretion and in such manner and to such extent as he or she thinks fit, pay or cause to be paid out of such property or the income thereof allowances for the support, maintenance or education of a wife or child or reputed child of the convict or any other relative or reputed relative of the convict dependent upon the convict for support.
59. Exercise of Public Trustee's powers - (1) The several powers hereinbefore conferred on the Samoan Public Trustee may be exercised in such order as to priority of payments
or otherwise as the Public Trustee thinks fit.
(2) All contracts of letting and sale, mortgages, conveyances and transfers of property bona fide made by the Samoan Public Trustee
under the powers conferred by this Part, and all payments or deliveries over of property bona fide made by or under this authority
of the Samoan Public Trustee for any of the purposes hereinbefore mentioned are binding, and neither the passing of the property
nor the sufficiency of the grounds on which the Samoan Public Trustee may have exercised his or her judgment or discretion in respect
thereof is in any manner called in question by the convict or by any other person.
60. Property to be preserved for convict - Subject to the powers and provisions hereinbefore contained all such property and the income thereof shall be preserved and held in trust by the Samoan Public Trustee for the following purposes:
(a) the income thereof may, if and when the Samoan Public Trustee thinks proper, be accumulated and invested in such securities as the Public Trustee from time to time thinks fit for the use and benefit of the convict and his or her legal personal representatives, or of such other persons as may be lawfully entitled thereto according to the nature thereof;
(b) such property and income, and the possession, administration and management thereof, shall revest in and be restored to such convict on his or her ceasing to be subject to the operation of this Part, or in or to his or her legal personal representatives, or such other persons as may be lawfully entitled thereto; and all the powers and authorities by this Part given to the Samoan Public Trustee shall from thenceforth cease and determine, except so far as the continuance thereof may be necessary for the care and preservation of such property or any part thereof, until the same is claimed by some person lawfully entitled thereto, or for obtaining payment out of such property or for the proceeds thereof of any liabilities or any costs, charges or expenses for which provision is made by this Part;
(c) for the purposes aforesaid such powers and authorities shall continue to be in force until possession of such property is delivered up by the Samoan Public Trustee to some person being or claiming to be lawfully entitled thereto.
61. Public Trustee only liable for what he or she receives - The Samoan Public Trustee shall not be answerable to any person for any property which has not actually come into the Public Trustee’s hands by virtue of this Part.
62. Costs of action to be first charge on property - The costs as between solicitor and client of the Samoan Public Trustee of an action brought against him or her with reference to
any such property, whether during the time the same was vested in him or her under this Part or after the same ceases to be so vested,
and all charges and expenses properly incurred by him or her with reference thereto, shall be a first charge on and shall be paid
out of such property unless the Court before which such action is tried thinks fit to order otherwise.
63. Execution of judgments against convict’s property - All judgments or orders of any Court for the payment of money by the convict which have been given or made either before or after
his or her conviction may be executed by writ or otherwise, according to the practice of the Court, against any property of the convict
in the hands of any person (including the Samoan Public Trustee) who has the possession or management thereof, in the same manner
as if such property were in the possession and power of the convict.
64. Proceedings for account of administration of property - (1) The Attorney-General or any person who, if a convict were dead intestate, would be entitled to his or her personal estate or
a share thereof under the law governing the distribution of intestate estates, or a person authorised by the Attorney-General in
that behalf, may apply to the Supreme Court to issue a summons calling on the Samoan Public Trustee appointed under this Part or
a person who has possessed himself or herself of a part of the property of the convict with or without legal authority, to account
for his or her receipts and payments in respect of the property of the convict in such manner as the Court directs.
(2) The Court may thereupon issue a summons and enforce obedience thereto, and to all orders and proceedings of the Court consequent
thereon, in the same manner as in any other case of process lawfully issuing out of the Court.
(3) The Court shall thereupon have full power, jurisdiction, and authority to take all accounts and to make and give all orders and
directions it thinks proper or necessary for the purpose of securing the due and proper care, administration and management of the
property of the convict, and the due and proper application of the same and of the income thereof, and the accumulation and investment
of such balances, if any, as may remain in the hands of the Samoan Public Trustee or any person as aforesaid in respect of such property.
65. Public Trustee to be accountable to convict when property revests - Subject to the provisions of this Part the Samoan Public Trustee or other person as aforesaid shall, from and after the time when the convict ceases to be subject to the operation of this Part, be accountable to the convict for all property of the convict possessed or received by the Samoan Public Trustee or other person as aforesaid and not duly administered, in the same manner in which a guardian or trustee is now accountable to his or her ward or beneficiary, but subject nevertheless and without prejudice to the administration and application of such property under and according to the powers of this Part.
PART IX
MISCELLANEOUS
66. Police Service Fund - (1)All fines recovered by any means under the provisions of the Police Service Act 2009as applicable to members of the Prisons Service
shall be paid into the Police Service Fund established by section 76 of that Act
(2) For the purposes of section 76 of the Police Service Act 2009 the members of the Prisons Service shall be regarded as members of the Police Service in respect of the benefits accruing from the
expenditure of any money out of the Police Service Fund.
67. Repeal and savings - (1) The Prisons Ordinance 1953 and the Prisons Amendment Ordinance 1959 are hereby repealed.
(2) All sentences imposed and in force on the coming into operation of this Act shall be enforced and completed under this Act in
like manner as they would have been enforced and completed under the said enactments if this Act had not been passed.
REVISION NOTES 2008-2011
This Act has been revised under section 5 of the Revision and Publication of Laws Act 2008.
The following general revisions have been made:
(a) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(b) Amendments have been made to up-date references to offices, officers and statutes.(Reference made to the “Police Service Act 1977” was removed and replaced with the “Police Service Act 2009”).
(c) Insertion of the commencement date
(d) References to the male gender made gender neutral
(e) Other minor editing has been done in accordance with the lawful powers of the Attorney General, where appropriate:
(i) “Every” and “any” changed to “a/an”
(ii) Present tense drafting style:
- “shall be” changed to “is/are”
- “shall have” changed to “has”
- “hereby”, “therewith” and “from time to time” removed
(iii) Removal/replacement of obsolete and archaic terms with plain language
- “notwithstanding” changed to “despite”
- “pursuant to” changed to “under”
- “respecting” changed to “regarding”
(iv) Correction of cross references
- Section 2 – reference to section 28 substituted with section 40
- Section 18(5) – reference to section 16 substituted with section 17
- Section 19 – reference to section 27 and 29 substituted with section 41
- Section 66 – reference to section 48 and 48(3) substituted with section 76.
This Act has been consolidated and revised in 2008, 2009, 2010 and 2011 by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is the official version of this Act as at 31 December 2011. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.
Aumua Ming Leung Wai
Attorney General of Samoa
Revised and consolidated in 2008 by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)
Revised in 2009, 2010 and 2011 by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).
The Prisons Act 1967 is administered by the Ministry of Police and Prisons Services.
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