Prisons Act 1933

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

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

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

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

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

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

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

“external placement order” means an order made under section 59B in respect of a prisoner authorising the serving by the prisoner of his or her sentence in such place or places, outside the limits of any prison, as may be specified in the order;

“juvenile” means any person under the age of 16 years, whether convicted or not, under detention in any prison;

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

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

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

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

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

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

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

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

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

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

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

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

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

Whenever it appears to the Commissioner —

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

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

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

Subject to the orders of the Commissioner, the administration of each prison is vested in a Superintendent.

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

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

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

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

A committee of inquiry consists of one or more persons who must be appointed by the Minister.

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

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

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

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

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

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

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

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

A committee of inquiry must not sit in public.

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

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

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

The chairperson is to record or cause to be recorded in writing the proceedings of the committee of inquiry.

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

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

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

The Minister may appoint a Commissioner of Prisons, a Deputy Commissioner of Prisons and one or more Divisional Directors, Cluster Commanders or Superintendents of Prisons, and such number of prison officers, as may be necessary for the proper administration of this Act.

The appointment of the Commissioner, Deputy Commissioner and of every Divisional Director, Cluster Commander and Superintendent must be notified in the Gazette.

The Deputy Commissioner and every Divisional Director and Cluster Commander may, subject to such direction as may be given by the Commissioner, exercise and perform all or any of the powers, duties and functions of the Commissioner under this Act; and any reference in this Act to the Commissioner is, unless the context otherwise requires, deemed to include a reference to the Deputy Commissioner, a Divisional Director or Cluster Commander acting in accordance with that direction.

The Commissioner may exercise and perform all or any of the powers, duties and functions of the Superintendent under this Act.

In addition, the Deputy Commissioner and any Divisional Director or Cluster Commander may, subject to any direction that may be given by the Commissioner, exercise and perform all or any of the powers, duties and functions of the Superintendent under this Act.

Subject to this section, a prison officer may use any weapon —

A prison officer may use any weapon —

Every prison officer may use weapons against any prisoner or lock‑up prisoner using violence on any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to the prison officer or other person.

A prison officer must not resort to the use of any weapon under subsection (1) unless the prison officer has reasonable ground to believe that he or she cannot otherwise prevent the escape of any prisoner or lock-up prisoner.

Before using any firearm against a prisoner or lock‑up prisoner or other person mentioned in subsection (1), the prison officer must give a warning to the prisoner or lock‑up prisoner or that other person (as the case may be) that the prison officer is about to fire on him or her.

A prison officer must not, in the presence of his or her superior officer, use any firearm against a prisoner or lock‑up prisoner or other person in the circumstances described in subsection (1) or (2) except under the orders of that superior officer.

The use of weapons under this section must be, as far as possible, to disable and not to kill.

Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any prison or lock‑up, for the purpose of ensuring the safe custody of any one or more prisoners or lock-up prisoners, is deemed to have all the powers and privileges granted to prison officers under this section.

Every prison officer while acting as such has by virtue of his or her office all the powers, authorities, protection and privileges of a police officer.

Every prison officer while acting as such and exercising the powers of a police officer is deemed to be an officer not below the rank of inspector of police.

Every prisoner confined in any prison is deemed to be in the legal custody of the Superintendent of that prison.

Every prisoner is subject to the prison discipline and regulations during the whole time of his or her imprisonment, whether or not he or she is within the precincts of any prison.

For the purpose of assisting the Commissioner in the discharge of his or her duties under this Act, the Commissioner may employ any number of auxiliary police officers that he or she considers fit as escorts or guards to ensure the safe custody of the prisoners who are under his or her custody.

A prisoner who is delivered into the custody of an auxiliary police officer under this section is deemed to be in lawful custody.

Every auxiliary police officer who is employed as an escort or a guard under subsection (1), in the course of carrying out his or her duties as an escort or a guard —

Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871.

In this section, “auxiliary police officer” means a member of an auxiliary police force established under any other written law.

Every person remanded to any prison by any court, Judge, Magistrate or Justice of the Peace who is charged with any crime or offence must be delivered to the Superintendent of any prison that the Minister appoints for the custody of such persons, together with a warrant of commitment.

The Superintendent must detain a person mentioned in subsection (1) according to the terms of the warrant, and must cause that person to be delivered to such court, Judge, Magistrate or Justice of the Peace, or must discharge that person at the time named in and according to the terms of the warrant.

Every person arrested pursuant to any writ, warrant or order of any court having civil jurisdiction must be brought without delay before the court by which the writ, warrant or order was issued, awarded or made.

If the court mentioned in subsection (1) is not sitting, the person must be delivered to the Superintendent for intermediate custody, and the Superintendent must cause the person to be brought before that court at its next sitting in order that the person may be dealt with according to law.

Whenever the presence of any person confined in a prison is required in any court of civil or criminal jurisdiction, the court may issue a written order addressed to the Superintendent requiring the production before the court of the person in proper custody at the time and place to be named in the order.

The Superintendent must cause the person named in the order to be brought up as directed, and must provide for the person’s safe custody during his or her absence from prison.

A court may by endorsement on the order require the person named in the order to be again brought up at any time to which the matter, in which the person is required, may be adjourned.

An order under this section may be signed by —

The Commissioner may, on proof to his or her satisfaction that the presence of any prisoner at any place is required in the interests of justice, or for the purpose of any public inquiry, by writing under the hand of the Commissioner order that the prisoner be taken to that place.

A prisoner taken from a prison pursuant to an order made under this section must, while outside that prison, be kept in any custody that the Commissioner may by writing under the hand of the Commissioner direct, and while in that custody is deemed to be in legal custody.

The Superintendent of any prison may, on proof to his or her satisfaction that the presence of a prisoner at any place is required in the interest of the prisoner, by writing under the hand of the Superintendent order that the prisoner be taken to that place.

A prisoner taken from a prison under an order made under subsection (1) must, while outside that prison, be kept in any custody that the Superintendent may by writing under the hand of the Superintendent direct, and while in that custody is deemed to be in lawful custody.

If the Commissioner is satisfied that a case of a contagious or infectious disease has occurred or is likely to occur in any prison, the Commissioner may order the removal of any of the prisoners from the prison to another place although that place may not be a prison under this Act.

In a case of emergency and where the Commissioner is absent or unable to make the order for removal under subsection (1), the order may be made by the Superintendent of the prison concerned or any of the Visiting Justices of the prison.

A place mentioned in subsection (1) is deemed during the continuance of any prisoner within to be a part of the prison from which the prisoner was so removed.

When the disease has ceased, any prisoner so removed from any prison must be taken back to the prison from where he or she was removed, if still liable to be confined in the prison.

Whenever a prisoner undergoing a sentence of imprisonment appears to the Commissioner on the certificate of a registered medical practitioner to be mentally disordered, the Commissioner may, by written order, setting forth the grounds of belief that the prisoner is mentally disordered, direct the prisoner’s removal from any prison to any mental hospital or other fit place of safe custody within Singapore, there to be kept and treated as the Commissioner directs —

When it appears to the Commissioner on the certificate of a registered medical practitioner that such prisoner has ceased to be mentally disordered, the Commissioner must, by a written order, return the prisoner to the prison from where the prisoner was removed if his or her term of imprisonment has not expired, but if the term has expired, must direct him or her to be discharged.

Where a person is confined under this section in a psychiatric institution within the meaning of the Mental Health (Care and Treatment) Act 2008, section 15 of that Act applies to such person after the expiry of the term of imprisonment to which the person has been sentenced, and the time during which he or she is so confined is reckoned as part of such term.

The Commissioner may, by written order, remove all or any prisoners confined in any prison to another prison within Singapore.

It is not necessary in the order under subsection (1) to designate any prisoner by name, but it is sufficient to describe the prisoner or prisoners by reference to their nationality or sentence, or by some other like general description.

If the Minister is satisfied that a person serving a sentence of imprisonment is under 21 years of age and might with advantage be detained in a reformative training centre, the Minister may, after consultation where practicable with the Judge or District Judge of the court which passed the sentence, authorise the Commissioner to transfer the person to a reformative training centre; and section 305(5) of the Criminal Procedure Code 2010 then applies to the person as if he or she had on the date of the transfer been sentenced to reformative training.

If on the date of the transfer under subsection (3), the unexpired term of the person’s sentence is less than 3 years, that subsection applies to the person as if he or she had been sentenced to reformative training 3 years before the expiry of that term.

If a person detained in a reformative training centre is reported to the Minister by the Commissioner to be incorrigible, or to be exercising a bad influence on the other inmates of the institution —

In case of illness of a prisoner (other than a prisoner mentioned in subsection (2)) confined in a prison in which there is no suitable accommodation for the prisoner, any Superintendent may, on the certificate of a medical officer, make an order for the prisoner’s removal to a hospital.

Where a prisoner confined in a prison appears to the Minister on the certificate of a registered medical practitioner to be suffering from leprosy, the Minister may, by written order, direct the prisoner’s removal to any hospital or place specified by the Director of Medical Services under section 8(1) of the Infectious Diseases Act 1976, there to be kept and treated until cured of his leprosy.

So long as any prisoner who has been removed to any hospital or place under subsection (2) remains in the hospital or place, the medical officer thereof must, at the end of every month, transmit to the Superintendent of the prison a certificate signed by the medical officer that it is in his or her opinion necessary that the prisoner should remain in the hospital or place.

So soon as, in the opinion of the medical officer in charge of any hospital or place specified by the Director of Medical Services under section 8(1) of the Infectious Diseases Act 1976, it is no longer necessary that any prisoner who has been removed to the hospital or place should remain there, the medical officer must transmit to the Superintendent a certificate, stating that such necessity has ceased.

Thereupon the Superintendent must forthwith cause the prisoner to be brought back to the prison if the prisoner is still liable to be confined in the prison.

Every precaution must be taken by the medical officers and other officers of any hospital, mental hospital or place to prevent the escape of prisoners who may at any time be under treatment therein.

The officers mentioned in subsection (1) may take any measures for preventing the escape of any prisoner that are necessary.

Nothing is to be done under the authority under this section which in the opinion of the medical officers is likely to be prejudicial to the health of those prisoners.

Where in any case, from the gravity of the offence for which any prisoner may be in custody or for any other reason, the Superintendent considers it to be desirable to take special measures for the security of the prisoner while under treatment in a hospital, mental hospital or place, the Superintendent may give the prisoner into the charge of at least 2 fit and proper persons, one of whom at the least must always be with the prisoner day and night.

Such persons are vested with full power and authority to do all things necessary to prevent the prisoner from escaping, and are answerable for the prisoner’s safe custody until such time that the prisoner is handed over to a prison officer on the prisoner’s discharge from the hospital, mental hospital or place or until such time as his or her sentence expires, whichever may first occur.

For the purpose of assisting the Commissioner in the discharge of his or her duties under this Act, the Commissioner, or any person authorised by the Commissioner, may employ any number of auxiliary police officers that the Commissioner or the authorised person considers fit as escorts or guards to ensure the safe custody of the lock-up prisoners who are under the custody of the Commissioner or the person authorised by the Commissioner, as the case may be.

A lock-up prisoner who is delivered into the custody of an auxiliary police officer under this section is deemed to be in lawful custody.

Every auxiliary police officer who is employed as an escort or a guard under subsection (1) has, in the course of carrying out his or her duties as an escort or a guard, the powers of a prison officer conferred under section 31.

Every auxiliary police officer employed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871.

In this section, “auxiliary police officer” means a member of an auxiliary police force established under any other written law.

Every person remanded in any lock-up by any court, Judge, Magistrate or Justice of the Peace, charged with any crime or offence, must be delivered to the Commissioner or any person authorised by the Commissioner to take custody of such persons, together with a warrant of commitment.

The Commissioner or any person authorised by the Commissioner to take custody of lock-up prisoners must detain a lock‑up prisoner according to the terms of the warrant, and must cause the lock‑up prisoner to be delivered to such court, Judge, Magistrate or Justice of the Peace, or must discharge that person at the time named in and according to the terms of the warrant.

This Part makes provision for the remission of sentences for the purpose of —

Nothing in this Part applies to prisoners committed for debt.

A prisoner is entitled to be released on the day —

A person who is released and at large under a remission order is deemed not to be in the legal custody of the Commissioner.

Every remission order has effect starting from the date the remission order is made.

Subject to subsections (2) and (3), a prisoner is, upon his or her admission to prison, entitled to have his or her sentence remitted in accordance with and subject to the provisions of this Act.

A prisoner who is sentenced to an aggregate term of imprisonment of 14 days or less is not entitled to have his or her sentence remitted.

A prisoner is not entitled to have his or her sentence of imprisonment remitted if his or her sentence of imprisonment consists wholly of —

The Commissioner must make a remission order in respect of a prisoner —

Despite subsection (1), in determining whether a sentence is served for the purposes of making a remission order under subsection (1), each of the following periods, or if there is more than one such period, the aggregate of those periods, is not reckonable:

The Commissioner may defer making a remission order by not longer than 2 weeks in order to enable the execution of any punishment ordered by the court and which on the date the remission order would have been made under subsection (1) if not for this subsection, has not been executed.

When a prisoner commits an offence while serving his or her sentence, the President may order the Commissioner not to make a remission order, or to defer making a remission order by any period that the President may specify, if the President is of the opinion that the offence is a grave offence, having regard to all the following factors:

Where a prisoner has served 20 years of his or her sentence but the Commissioner is not required to make a remission order under section 50I, the Minister must review the prisoner’s case and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner.

Where the Minister has refused to direct the Commissioner to make a remission order in respect of a prisoner under subsection (1), the Minister must, unless the prisoner is earlier released from imprisonment, review the Minister’s decision at intervals not exceeding 12 months each and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner.Illustration A prisoner is sentenced to a total of 24 years’ imprisonment. The sentence is ordered to take effect from 1 January 2013. After taking into account the various periods of time mentioned in section 50I(2), the Commissioner is required to defer making a remission order until 1 January 2035. However, the Minister must review the prisoner’s case on 1 January 2033 and may direct the Commissioner to make a remission order. If the Minister does not direct the Commissioner to make a remission order, the Minister must review his or her decision no later than 1 January 2034.

Where a remission order is made in respect of a prisoner under section 50I or 50J —

If the remission order is made under section 50I and no consecutive sentence is imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period —

If the remission order is made under section 50I and 2 or more consecutive sentences are imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period worked out according to the following steps:

If the remission order is made under section 50J, the remainder of the prisoner’s sentence is the period worked out according to the following steps:

The portion of a default sentence worked out under subsections (3)(b) and (4)(d) as not having been served is remitted upon the making of the remission order.

This section applies where —

Where this section applies —

Where a person who is released under a remission order made under section 50I or 50J is recalled to prison by the Commissioner under section 50X but fails to report at such prison and on such date specified in the notice of recall, that person’s remission order is extended by a period equivalent to the period the person remains unlawfully at large after the date so specified.

Where the court issues a warrant of arrest against a person released under a remission order made under section 50I or 50J while the person’s remission order is still in effect, and the person remains at large after the warrant is issued, the person’s remission order is extended by a period equivalent to the period between the date the warrant is issued and the date of his or her arrest.

Where a person released under a remission order made under section 50I or 50J is otherwise unlawfully at large while the person’s remission order is still in effect, the person’s remission order is extended by a period equivalent to the period the person is unlawfully at large.Illustration The Commissioner makes a remission order in respect of a prisoner on 1 January 2013. The remission order expires at the end of the day on 31 December 2013. After the prisoner is released, the Commissioner issues a notice of recall to the prisoner under section 50X, requiring the prisoner to report at a specified prison on 15 December 2013. The prisoner remains unlawfully at large and only reports at the specified prison on 14 January 2014, i.e. 30 days later. The duration of the remission order will be extended by 30 days and it will now expire at the end of the day on 30 January 2014.

Subject to subsection (2), where a prisoner to whom this Division applies has served 20 years of his or her sentence, the Minister must review the prisoner’s case and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner.

Where the Minister has refused to direct the Commissioner to make a remission order in respect of a prisoner under subsection (1), the Minister must, unless the prisoner is earlier released from imprisonment, review the Minister’s decision at intervals not exceeding 12 months each and may, in the Minister’s discretion, direct the Commissioner to make a remission order in respect of the prisoner.

It is the basic condition of every remission order made under Division 2 or 3 that the person released under the remission order —

Where a person commits an offence in breach of the basic condition of his or her remission order, the person is deemed to have breached the basic condition on the date of the commission of the offence.

When a person commits an offence in breach of the basic condition of the person’s remission order made under Division 2 or 3, the court may, in addition to imposing any sentence on the person for that offence, impose an enhanced sentence for that offence as follows:

If a person commits 2 or more offences in breach of the basic condition of the person’s remission order made under Division 2 or 3 —

In deciding whether to impose any enhanced sentence under subsection (1) or (2) with respect to any offence, and if so the length of the enhanced sentence, the court is to consider —