ACTS OF GHANA

PRISONS SERVICE DECREE, 1972 (NRCD 46)

ARRANGEMENT OF SECTIONS

Section

PART I—FUNCTIONS OF THE SERVICE

1. Functions of the Service

2. Duties of the Service.

PART II—STRUCTURE AND CONDITIONS OF SERVICE

3. Members of the Service

4. Administration of the Service

5. Filling of vacancies

6. Acting assignment

7. Functions of Public Services Commission

8. Schemes of service and training

9. Modes of leaving the Service.

PART III—THE PRISONS SERVICE BOARD

10. Membership and functions of the Board

11. Secretary to the Board

12. Protection from legal proceedings

13. Attendance of public officers

14. Production of documents

15. Failure to comply with request of the Board.

PART IV—MISCONDUCT AND UNSATISFACTORY SERVICE

16. Misconduct and unsatisfactory service

17. Penalties

18. Disciplinary authorities

19. Disciplinary proceedings

20. Pay not to accrue in certain cases

21. Loss of or damage to property.

PART V—COMPLAINTS AND OFFENCES

22. Complaints by prisoners

23. Desertion

24. False statement on appointment

25. Oppression by prison officer

26. Breaches of prison discipline

27. Harbouring officers

28. Unlawful possession of uniform and other property

29. Causing disaffection.

PART VI—PRISONS AND PRISON CUSTODY

30. Establishment of prisons

31. Custody of prisoners

32. Confinement and removal of prisoners

33. Release of prisoners

34. Remission for good conduct.

PART VII—TREATMENT OF PRISONERS

35. Health and welfare of prisoners

36. Cleanliness of prisons

37. Cell accommodation

38. Visits to prisoners

39. Communications with prisoners

40. Religious observances

41. Education of prisoners

42. Work of prisoners

43. Punishment of prisoners

44. Corporal punishment

45. Mechanical restraints

46. Use of force.

PART VIII —MISCELLANEOUS AND SUPPLEMENTAL

47. Visiting Committees

48. Judiciary may visit prisons

49. Prison Officers' Welfare Fund

50. Annual Report

51. Regulations

52. Interpretation

53. Repeals and savings.

IN pursuance of the National Redemption Council (Establishment) Proclamation, 1972 this Decree is hereby made:

PART I—FUNCTIONS OF THE SERVICE

Section 1—Functions of the Service

(1) It shall be the duty of the Prisons Service to ensure the safe custody and welfare of prisoners and whenever practicable to undertake the reformation and rehabilitation of prisoners.

(2) Every prison officer shall perform such functions as are by law conferred upon a prison officer and shall obey all lawful orders and directions in respect of the execution of his office which he may receive from his superiors in the Prisons Service.

Section 2—Duties of the Service.

In the performance of its duty the Prisons Service shall ensure that—

(a) no person shall be subjected to—

(i) torture or inhuman or degrading punishment; or

(ii) any other condition that detracts or is likely to detract from his dignity and worth as a human being;

(b) a person who has not been convicted of a criminal offence if kept or confined in a prison, shall not be treated as a convicted person, and shall be kept away from convicted persons.

PART II—STRUCTURE AND CONDITIONS OF SERVICE

Section 3—Members of the Service

The following shall be members of the Prisons Service—

(a) Director of Prisons;

(b) two or more Deputy Directors of Prisons; and

(c) prison officers holding posts or ranks created under this Decree.

Section 4—Administration of the Service

(1) The Director of Prisons shall be the Head of the Prisons Service, and shall, subject to any directions of the Commissioner, be responsible for exercising general day to day supervision over the operation and administration of the Prisons Service.

(2) Subject to section 43 (2), the Director of Prisons may delegate to any other members of the Prisons Service such of his functions under this Decree as he thinks fit.

Section 5—Filling of Vacancies

(1)  A vacancy in a Prisons Service post or rank may be filled—

(a) by promotion, that is by appointing a prison officer who is to be moved from another grade or rank with an immediate increase in his salary;

(b) by transfer within the Service, that is by appointing a prison officer who is to be moved from another grade or rank with no alteration in his salary;

(c) on reduction in rank, that is by appointing a prison officer who is to be moved from another grade or rank with an immediate reduction in his salary;

(d) by recruitment, that is by appointing a person who is not a prison officer or who would cease to be a prison officer if the appointment were not made.

(2) Wherever practicable, a vacancy in the Prisons Service shall be filled either by promotion or transfer within the Service.

(3) Promotions shall be made according to merit.

Section 6—Acting Assignment.

(1) Where a Prisons Service post is vacant or a prison officer is absent from duty for any reason the Director of Prisons may assign a member of the Prisons Service to carry out the appropriate duties.

(2) An assignment under this section shall cease to have effect—

(a) on the filling of the vacancy or the return to duty of the officer, as the case may be; or

(b) if some other person is assigned to carry out the said duties; or

(c) if the assignment is revoked by the Director of Prisons.

Section 7—Functions of the Public Services Commission.

The Public Services Commission shall in consultation with the appropriate authority, provide for the procedure to be followed and requirements to be observed in the making of appointments.

Section 8—Schemes of Service and Training.

(1) The Director of Prisons may, with the consent of the Commissioner, prepare schemes of service giving details of duties, training facilities, and other matters relating to service as a prison officer.

(2) There shall be a branch of the Prisons Service with the function of supervising and coordinating, under the general direction of the Director of Prisons, arrangements for the training of members of the Prisons Service.

Section 9—Modes of Leaving the Service

(1) A person holding a pensionable post otherwise than on a limited engagement shall retire from the Prisons Service on reaching the prescribed compulsory retiring age:

Provided that this subsection shall not prevent the appointment of any persons on a limited engagement.

(2) A person holding a pensionable post as a prison officer otherwise than on a limited engagement may retire from the Prisons Service at any time after he has reached the prescribed voluntary retiring age, or with the consent of the National Redemption Council at any earlier time.

(3) A prison officer may resign from the Prisons Service in accordance with such conditions as may be prescribed.

(4) A prison officer may leave the Prisons Service on the expiry or other termination of a limited engagement.

(5) A prison officer may leave the Prisons Service by transfer, with his consent, to employment in another Public Service or to other approved employment in accordance with regulations.

(6) A prison officer may leave the Prisons Service on the abolition of his post; and where a post in a grade is abolished by the revocation or amendment of the instrument by which it was created, the appointing authority shall, if two or more persons hold posts in that grade, determine which of those persons is to be treated as the person whose post is abolished.

(7) Unless the person in respect of whom a determination is to be made under subsection (6) is to be promoted or transferred, he shall be given an opportunity to make representations to the appointing authority, who shall consider any such representations before making the determination.

(8) Where a post or rank is held by an officer on probation and it appears to the appointing authority during or at the end of the probationary period that he is unlikely to fulfil the requirements of the post or rank, the appointing authority may order that he shall cease to be a member of the Prisons Service, and if no such order is made he shall revert to the post or rank, if any, held by him immediately before the commencement of such probationary period.

PART III—THE PRISONS SERVICE BOARD

Section 10—Membership and Functions of the Board.

(1) There shall be a Prisons Service Board which shall consist of—

(a) a member of the Public Services Commission, who shall be chairman;

(b)  the Director of Prisons;

(c) a medical officer nominated by the professional organisation recognised by the National Redemption Council as representing the interests of the medical profession in Ghana;

(d) a representative of the Attorney-General;

(e) the Principal Secretary of the Ministry responsible for Social Welfare; and

(f) a legal practitioner, a woman and two other members one of whom at least shall be a representative of religious organisations as the National Redemption Council may appoint.

(2) The Director of Prisons shall be appointed by the National Redemption Council.

(3) The power to appoint persons to hold or to act in any office in the Prisons Service shall vest in the National Redemption Council acting in accordance with the advice of the Prisons Service Board.

(4) The National Redemption Council may, subject to such conditions as it thinks fit, delegate any of its functions under this section by directions in writing to the Prisons Service Board or to any committee thereof or to any member thereof.

(5) Where the National Redemption Council delegates any of its functions under subsection (4), the person to whom such powers are delegated shall exercise them in accordance with the advice of the Prisons Service Board.

(6) The functions of the Prisons Service Board shall be—

(a) to advise the authority for the time being empowered to appoint persons below the rank of Director of Prisons to hold or act in any office in the Prisons Service;

(b) to hear appeals brought under section 19;

(c) to examine and advise upon all matters concerning the welfare and discipline of the Prisons Service, the selection and training of members of the Prisons Service, the safe custody, welfare, reformation and rehabilitation of prisoners, and the utilisation of the Prison Officers' Welfare Fund.

(7) The quorum of the Prisons Service Board shall be four.

Section 11—Secretary to the Board.

(1) There shall be a Secretary to the Prisons Service Board who shall be a public officer.

(2) The Secretary shall not be a member of the Prisons Service Board, and he shall perform such administrative functions relating to its work as the board may determine.

Section 12—Protection from Legal Proceedings.

The Chairman and any member of the Prisons Service Board shall have the same protection and privilege in case of any action or suit brought against him for any act done or omitted to be done in the exercise of his duties in relation to the hearing of appeals under section 19 of this Decree as is by law given to acts done or words spoken by a Judge of the Superior Court of Judicature in the exercise of his judicial office.

Section 13—Attendance of Public Officers.

The Prisons Service Board may require any public officer to attend and give evidence before it concerning any matter which it is required to consider in the exercise of its functions.

Section 14—Production of Documents.

The Prisons Service Board may require the production of any official document reasonably required for the exercise of its functions; and any public officer who submits any matter for the consideration of the Board shall ensure that all relevant documents and papers are made available to the Board.

Section 15—Failure to Comply with Request of the Board.

Any public officer who without reasonable excuse fails to appear before the Prisons Service Board when notified to do so, or who fails to comply with any request lawfully and properly made by the Board, shall be guilty of misconduct and the Board may direct that the matter should be brought to the notice of the appropriate disciplinary authority.

PART IV—MISCONDUCT AND UNSATISFACTORY SERVICE

Section 16—Misconduct and Unsatisfactory Service.

It shall be misconduct for a prison officer—

(a) to be absent from duty without leave or reasonable excuse;

(b) to be insubordinate;

(c) to use, without lawful authority, any property or facilities provided for the purposes of the Prisons Service for some purpose not connected with his official duties;

(d) to engage in any activity outside his official duties which is likely to involve him in political controversy or to lead to his taking improper advantage of his position in the Prisons Service;

(e) to engage in any gainful occupation outside the Prisons Service without the consent of the Director of Prisons;

(f) to become or be a member of a trade union or of any other association (other than an association authorised by the Commissioner) having similar objects;

(g) to sleep on duty;

(h) to take any alcoholic drink while on duty;

(i) to permit a prisoner to escape through negligence or wilfulness;

(j) to divulge any confidential information to a person not authorised to receive it;

(k) to do any other act without reasonable excuse which amounts to a failure to perform in a proper manner any duty imposed on him as such, or which contravenes any enactment relating to the Prisons Service, or which is otherwise prejudicial to the efficient conduct of the Prisons Service or tends to bring the Prisons Service into disrepute.

Section 17—Penalties

(1) The following are the penalties that may be imposed in disciplinary proceedings in respect of the misconduct or unsatisfactory service of a prison officer:—

(a) dismissal, that is termination of an appointment with forfeiture of all retirement benefits;

(b) removal, that is termination of an appointment with or without a reduction in retirement benefits;

(c) reduction in rank, that is removal to another rank with an immediate reduction of salary;

(d) reduction of salary, that is an immediate adjustment of salary to a lower point on the salary scale attached to the post in question;

(e) deferment of increment, that is a postponement of the date on which the next increment is due, with a corresponding postponement in subsequent years;

(f) stoppage of increment, that is non-payment for a specified period of an increment otherwise due;

(g) imposition of a fine not exceeding one-eighth of one month's salary;

(h) severe reprimand or reprimand;

(i) caution or admonition.

(2) Dismissal, removal and reduction in rank shall be treated as major penalties and all other penalties shall be treated as minor penalties.

Section 18—Disciplinary Authorities

(1) Subject to the provisions of this section, the National Redemption Council acting in accordance with the advice of the Prisons Service Board shall have disciplinary powers over all prison officers.

(2) The National Redemption Council may delegate its disciplinary powers as respects all or any posts or ranks of prison officers to the Prisons Service Board or to any committee thereof or to any member thereof.

(3) Where the National Redemption Council delegates powers under subsection (2) of this section to the Director of Prisons, the Council may authorise the Director of Prisons to exercise all or any of the said powers through a disciplinary board or superior prison officer authorised by the Director of Prisons for that purpose in writing.

(4) Any person or body in whom disciplinary powers under this Decree are for the time being vested, and any disciplinary board or superior prison officer duly authorised under subsection (3), shall be a disciplinary authority for the purposes of this Decree.

(5) Notwithstanding subsection (3), a disciplinary board or superior prison officer other than the Director of Prisons shall not have power to impose a major penalty; and where such disciplinary board or superior prison officer being a disciplinary authority forms the view that a major penalty should be imposed in any case, he shall send the findings and other relevant documents to the Director of Prisons who shall thereupon impose such penalty as he thinks fit.

Section 19—Disciplinary Proceedings

(1) Disciplinary proceedings in the case of misconduct shall be either summary or formal.

(2) No major penalty shall be imposed on a pensionable officer in summary proceedings not arising out of a conviction.

(3) The Commissioner shall, after consulting the Director of Prisons, by legislative instrument make regulations providing for the conduct of disciplinary proceedings in cases of misconduct or unsatisfactory service, which shall include provisions—

(a) requiring a written charge to be preferred in all proceedings;

(b) enabling the defendant in formal proceedings to call appropriate witnesses;

(c) enabling persons to be compellable (subject to any enactment relating to evidence for the time being in force) to give evidence or produce exhibits in formal proceedings;

(d) enabling the defendant in any proceedings before the Director of Prisons or other superior prison officer or before a disciplinary board to appeal to the Prisons Service Board within six weeks against any decision involving the imposition of a penalty, and providing that such penalty shall not take effect until the appeal is determined.

(4) The defendant in any appeal proceedings before the Prisons Service Board shall be entitled to be represented by counsel.

(5) Subject to the provisions of this Decree and except as may be otherwise provided by regulations made under this section, the Prisons Service Board on deciding an appeal under this section may make such order thereon as it thinks fit.

(6) The Director of Prisons shall not be entitled to sit as a member of the Prisons Service Board for the purposes of determining on appeal under this section.

Section 20—Pay not to Accrue in Certain Cases

(1) No pay shall accrue to any prison officer in respect of any period during which he is absent from duty without leave, unless the Prisons Service Board in the case of a superior prison officer, or the Director of Prisons in any other case, authorises the payment of such proportion of his pay, not being more than one half, as the Board or the Director of Prisons thinks fit.

(2) No pay shall accrue to any prison officer in respect of any period during which he is absent from duty as a deserter or undergoing any sentence of imprisonment for any offence of whatever nature.

Section 21—Loss of or Damage to Property

Where in any disciplinary inquiry a prison officer has been punished for an offence involving the sale, loss by neglect or wilful or negligent injury or damage to any accoutrement, clothing, public stores or other property issued for the use of the Prisons Service or taken by him into his possession as a prison officer, the Director of Prisons may order, in addition to any punishment imposed on such officer, that the amount of the loss or damage or such portion of it as he thinks proper be recovered by stoppages from that officer's pay.

PART V—COMPLAINTS AND OFFENCES

Section 22—Complaints by Prisoners

(1) Any prisoner shall be entitled, without prejudice to any other means of redress legally available to him, to make a complaint in writing, signed by him, as to—

(a) any instance of assault, maltreatment or intimidation by a prison officer;

(b) any neglect or non-performance of his duties by a prison officer;

(c) any other misconduct by a prison officer.

(2) A complaint referred to in subsection (1) shall be addressed to the superior prison officer in charge of the prison to which the complainant is committed, or to the Director of Prisons.

(3) The Director of Prisons or other superior prison officer, as the case may be, on receiving a written complaint under this section, shall cause a full and impartial investigation to be made, and shall—

(a) send a report of his conclusions to the complainant;

(b) take such action on the report as the circumstances may require.

(4) Where a prisoner who wishes to have his complaint recorded in writing is unable to write, the complaint shall be recorded in writing by a prison officer and shall be dealt with in accordance with subsections (2) and (3) of this section.

(5) Every prisoner shall be entitled, in accordance with regulations, to make a verbal complaint on any matter to the superior prison officer in charge of the prison.

Section 23—Desertion

(1) A prison officer who deserts shall be guilty of an offence and liable on conviction to a fine not exceeding fifty cedis or to imprisonment not exceeding three months, or to both.

(2) For the purposes of this section, a prison officer deserts, who leaves or fails to attend at his place of duty with the intention of remaining permanently absent from duty without proper authority or if, having left or failed to attend at his place of duty in any circumstances, he does any act with the like intention.

(3) A person who has been absent without authority for a continuous period of twenty-one days or more shall, unless the contrary is proved, be presumed to have deserted for the purposes of this section.

Section 24—False Statement on Appointment.

Any prison officer who on appointment in the Prisons Service falsely states that he has not been convicted of or imprisoned for a criminal offence or that he has never been employed by the Government shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred cedis or to imprisonment not exceeding six months, or to both.

Section 25—Oppression by Prison Officer

Any prison officer who in any way tortures, or subjects to cruelty, any prisoner shall be guilty of an offence and liable on conviction to imprisonment not exceeding five years.

Section 26—Breaches of Prison Discipline

(1) Any person who, without authority from the superior prison officer in charge of a prison—

(a) conveys anything into or out of a prison; or

(b) conveys anything to or from a prisoner, whether in or out of a prison,

shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months, or to both.

(2) Any person who—

(a) in any manner interferes with a prisoner outside a prison; or

(b) permits a prisoner to enter any place without the request or consent of the prison officer in charge of the prisoner; or

(c) assists a prisoner to absent himself or to neglect his work,

shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months, or to both.

(3) The Director of Prisons may cause any person (including a prison officer) to be searched as he is leaving or entering a prison:

Provided that every such search shall be made with strict decency by a superior prison officer, and a female shall not be searched except by a female superior prison officer.

Section 27—Harbouring Officers

Any person who knowingly harbours or entertains, or supplies any intoxicating liquor to, any prison officer in uniform or any person whom he knows to be a prison officer on duty or permits any such officer or person to be in or upon his premises (except for some reason shown to be in course of duty), shall be guilty of an offence and liable on conviction to a fine not exceeding fifty cedis.

Section 28—Unlawful Possession of Uniform and Other Property

(1) Any person not being a prison officer who has in his possession any article being part of the clothing, accoutrements or equipment supplied to any prison officer and who is not able satisfactorily to account for his possession of it shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months, or to both.

(2) Every prison officer shall on ceasing to hold and exercise his office forthwith deliver over all the clothing, arms, accoutrements and equipment supplied to him free of charge for the execution of his duty or taken by him into his possession for the execution of his duty to the superior prison officer under whom he is serving and if he fails to do so shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months, or to both.

Section 29—Causing Disaffection

Any person who causes or does any act calculated to cause disaffection among prison officers, or induces or does any act calculated to induce any prison officer to withhold his service or commit any act of misconduct, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months, or to both.

PART VI—PRISONS AND PRISON CUSTODY

Section 30—Establishment of Prisons

(1) The Commissioner may by executive instrument declare any place to be a prison.

(2) The Commissioner may by executive instrument appropriate particular prisons to particular classes of prisoner, and any prisoner of the appropriate class shall be confined in that prison.

(3) A warrant, summons or other legal instrument addressed to the officer in charge of a prison or any other person and identifying that prison by any sufficient description shall not be invalidated by reason only that the prison is usually known by a different description.

Section 31—Custody of Prisoners

A prisoner shall be in the legal custody of the officer in charge of the prison while he is confined in, or is being taken to or from, any prison and while he is working, or is for any other reason, outside the prison in the custody of a prison officer.

Section 32—Confinement and Removal of Prisoners

(1) A person who is committed to prison in accordance with law may be lawfully confined in any prison, subject to section 30 (2), and shall be committed to such prison as the Commissioner may direct.

(2) A prisoner may, where a medical officer certifies that he is fit for transfer, by direction of the Commissioner be removed during the term of his imprisonment from the prison in which he is confined to any other prison.

(3) A prisoner may be brought up for trial, and may be removed by or under the direction of the officer in charge of the prison in which he is confined from that prison to another, for the purpose of being tried.

(4) Where a prisoner is charged with an offence before any court which, if he were not detained in a prison, might issue a warrant for his apprehension, the court may, instead of a warrant, issue an order directed to the officer in charge of the prison requiring him to bring that prisoner before the court in accordance with the order.

(5) The Commissioner may if he is satisfied that the attendance at any place, other than a prison, of a prisoner is desirable in the interest of justice or for the purpose of any public inquiry, direct him to be taken to that place.

(6) The Director of Prisons shall, if he is satisfied that a prisoner requires medical or mental treatment of any description which cannot readily be obtained within the prison, direct him to be taken to an approved hospital or other suitable place for the purpose of the treatment.

Section 33—Release of Prisoners

A prisoner shall be released from prison at nine o'clock in the morning of the day on which he is due for release, or, where such day falls on a Sunday or public holiday, he shall be released on the preceding day.

Section 34—Remission for Good Conduct

(1) Subject to subsection (3), a prisoner serving a sentence of six weeks or more may by steady industry and good conduct earn a remission not exceeding one-third of his sentence.

(2) All or any part of the remission so earned may be forfeited in accordance with regulations for failure by the prisoner to maintain steady industry or good conduct.

(3) This section shall not apply in the case of a prisoner who is—

(a) serving a sentence of imprisonment for life;

(b) detained during the pleasure of the National Redemption Council;

(c) committed to prison for debt; or

(d) committed to prison for contempt of court.

PART VII—TREATMENT OF PRISONERS

Section 35—Health and Welfare of Prisoners

(1) It shall be the duty of the Director of Prisons to ensure that every prisoner—

(a) is regularly supplied with wholesome and nourishing food in quantities sufficient to maintain him in good health;

(b) is at all times kept supplied with clothing, soap, bedding and other necessaries in quantities sufficient to maintain his decency, cleanliness and good health;

(c) is at all reasonable times permitted access to washing and toilet facilities sufficient to keep himself clean and decent in his person;

(d) is permitted to take daily exercise outside his cell during the hours of daylight for a period not less than one hour in every day;

(e) is promptly supplied with all medicines, drugs, special diets or other things prescribed by a medical officer of health as necessary for the health of that prisoner.

(2) In calculating the quantities of food sufficient to maintain a prisoner in good health, regard shall be had to the nature of the work, if any, which he is required to perform, and to the condition of his health.

(3) No punishment shall be imposed on any prisoner which has the effect of—

(a) changing his diet;

(b) reducing the quantities of clothing, soap, bedding or other necessaries to be supplied to him;

(c) restricting or removing his access to washing or toilet facilities;

(d) restricting his daily exercise outside his cell to less than one hour in any day;

(e) preventing him from having access to such medicines, drugs, special diets and other things as may be prescribed by a medical officer of health as necessary for his health.

(4) No prisoner shall be deprived of, or restricted in his use of, dentures, hearing aids or spectacles in any circumstances.

Section 36—Cleanliness of Prisons

It shall be the duty of the Director of Prisons to ensure that all cells, kitchens, and washing and toilet facilities within a prison are at all times kept in a clean and sanitary condition.

Section 37—Cell Accommodation

(1) The Commissioner shall satisfy himself from time to time that in every prison sufficient accommodation is provided for all prisoners.

(2) No cell shall be used for the confinement of a prisoner unless a medical officer certifies in writing that its size, lighting, heating, ventilation, fittings and furniture are adequate for health and that it allows the prisoner to communicate at any time with a prison officer.

(3) A certificate given under this section shall specify the number of prisoners which the cell is designed to accommodate.

(4) A certificate given under this section in respect of any cell may limit the period for which a prisoner may be separately confined in the cell and the number of hours a day during which a prisoner may be employed therein.

(5) The certificate shall identify the cell to which it relates by a number or mark and the cell shall be marked by that number or mark placed in a conspicuous position; and if the number is changed without the consent of a medical officer the certificate shall cease to have effect.

(6) A medical officer may withdraw a certificate given under this section in respect of any cell if in his opinion the conditions of the cell are no longer as stated in the certificate.

(7) In every prison solitary cells shall be provided for the temporary confinement of refractory or violent prisoners in accordance with regulations.

Section 38—Visits to Prisoners

(1) Every prisoner under sentence of imprisonment shall be entitled, once in every two weeks, to receive a visit from friends or relatives in the presence of a prison officer.

(2) A prisoner under sentence of imprisonment may, in exceptional circumstances, be granted permission by the officer in charge of the prison to receive a visit from friends or relatives in addition to the visit to which he is entitled under subsection (1).

(3) Every prisoner not under sentence of imprisonment shall be allowed all reasonable opportunities daily of receiving visits from friends or relatives.

(4) Every prisoner shall be allowed all reasonable opportunities of receiving visits from his legal advisers.

(5) If a prisoner who is seriously ill wishes to be visited by any friends or relatives, a medical officer may give an order in writing for the admission of such friends or relatives if he considers it advisable.

(6) Subsections (1) and (3) shall not apply during any period within which a prisoner is undergoing solitary confinement for any offence against prison discipline; but save as aforesaid this section shall apply notwithstanding that a prisoner is undergoing punishment for any offence against prison discipline.

Section 39—Communications with Prisoners

(1) Every prisoner under sentence of imprisonment shall be entitled, once in every two weeks, to write one letter and receive one letter or telegram.

(2) A prisoner under sentence of imprisonment may, in exceptional circumstances, be granted permission by the officer in charge of the prison to write a letter or receive a letter or telegram in addition to his entitlement under subsection (1).

(3) Every prisoner not under sentence of imprisonment shall be entitled to write any number of letters and to receive any number of letters or telegrams.

(4) Every prisoner shall be entitled, in addition to his entitlement under the foregoing provisions of this section, to write any number of letters to and receive any number of letters or telegrams from—

(a) his legal advisers;

(b) the Ombudsman;

(c) his minister of religion.

(5) For the purposes of this section every prisoner shall, at his request, be supplied with writing materials sufficient for his needs.

(6) A prisoner may, subject to regulations, be permitted to receive parcels with the consent of the officer in charge of the prison.

(7) This section shall apply notwithstanding that a prisoner is undergoing punishment for any offence against prison discipline.

Section 40—Religious Observances

(1) No prisoner shall be hindered in the reasonable exercise of his religious observances.

(2) Every prisoner shall be entitled to attend every religious service of his faith or denomination held within the prison.

(3) Ministers, howsoever known, of any religious faith or denomination shall be admitted at reasonable and proper times to visit prisoners who may wish their services.

(4) Moral and religious instruction shall be given to prisoners who are willing to receive it.

(5) This section shall apply notwithstanding that a prisoner is undergoing punishment for any offence against prison discipline.

Section 41—Education of Prisoner

(1) With a view to encouraging prisoners to lead useful and responsible lives after their release, the Director of Prisons shall, after consultation with such Government, welfare and other bodies as he may think fit, establish in every prison courses of training and instruction designed to teach simple trades, skills and crafts to prisoners who may benefit from such training.

(2) The Director of Prisons shall, after consultation with the Ghana Library Board, establish libraries in every prison.

(3) The Director of Prisons shall, after consultation with the Commissioner responsible for education, establish in every prison classes in which illiterate prisoners may learn to read and write, and classes where prisoners desirous of doing so may further their elementary education.

(4) The Director of Prisons shall permit any prisoner to read or study for his self-improvement at all reasonable times when he is not required to work; and for that purpose shall make available to the prisoner such books as are available and such writing materials as may be reasonably required.

(5) The Director of Prisons shall, so far as practicable, encourage and assist any prisoner who wishes to study for and sit any educational examination; and for this purpose the Director may consult the Commissioner responsible for education.

Section 42—Work of Prisoners

(1) Every prisoner convicted of a criminal offence may, in accordance with regulations, be required to perform work during the period of his imprisonment.

(2) The work which any such prisoner is required to perform shall, so far as practicable, be work which is beneficial to the community or to the Prisons Service, or which is designed to assist the prisoner to lead a responsible life after his release.

(3) Such work may, in accordance with regulations, be performed in prison or outside, and in any part of Ghana.

(4) Every prisoner under sentence of imprisonment with hard labour shall, in accordance with regulations, be required to perform such form of hard bodily labour as may be prescribed by regulations, regard being had to his age and physical condition.

(5) No prisoner shall be required to perform any work which in the opinion of a medical officer is likely to be injurious to his health; and where a medical officer certifies that a form of work is likely to be injurious to the health of a prisoner, that prisoner shall immediately be transferred to some other form of work certified by the medical officer as being not injurious to the health of that prisoner.

(6) A medical officer may certify a prisoner as being by reason of his health unfit for any form of work, and such prisoner shall not be required to work until such time as the medical officer may certify that he is again fit for work.

(7) No prisoner shall be required to work for more than six days in any week, nor for more than eight hours in any day.

Section 43—Punishment of Prisoners

(1) No person other than the Director of Prisons or the officer in charge of a prison shall have power to impose any punishment on a prisoner for an offence against discipline.

(2) The Director of Prisons or officer in charge of a prison shall not delegate any power to impose punishment on a prisoner for an offence against prison discipline.

(3) The Director of Prisons shall have power to investigate and decide complaints respecting any offence against prison discipline, and he may order any prisoner found guilty by him of any such offence—

(a) to forfeit a period of remission not exceeding six months, and not exceeding the amount of remission previously earned;

(b) to be confined in a solitary cell for any period not exceeding twenty-eight days;

(c) to perform hard labour for any period not exceeding twenty-eight days, with the prior written approval of a medical officer, where the offender is not undergoing a sentence of imprisonment with hard labour;

(d) to receive punishment diet, with the prior written approval of a medical officer, for any period not exceeding seven days:

Provided that no such punishment shall be imposed unless the offender has received ordinary diet for a period not less than fourteen days immediately preceding the commencement of such punishment;

(e) to be caned, subject to and in accordance with the provisions of section 44;

(f) to forfeit any special privileges accorded to the prisoner by regulations.

(4) For the purposes of subsection (3), "punishment diet" means a reduction in the quantity of food supplied to a prisoner, not involving a change of diet.

(5) The officer in charge of a prison shall have power to investigate and decide complaints respecting any offence against prison discipline, and he may order any prisoner found guilty by him of any such offence—

(a) to forfeit a period of remission not exceeding twenty-eight days, and not exceeding the amount of remission previously earned;

(b) to be confined in a solitary cell for any period not exceeding seven days;

(c) to forfeit any special privileges accorded to the prisoner by regulations.

(6) If a prisoner is charged with any offence against prison discipline which in the opinion of the officer in charge of the prison cannot adequately be punished by him, he may submit to the Director of Prisons a copy of the record of his investigation together with his recommendations thereon, and the Director of Prisons may thereupon impose such punishment, within his powers, as he thinks fit.

(7) Any forfeiture of remission exceeding three months, and any solitary confinement exceeding fourteen days, shall be subject to confirmation by the Prisons Service Board.

(8) Any punishment imposed on a prisoner for an offence against prison discipline shall be subject to the continued observance of the provisions of sections 35, 38, 39 and 40.

Section 44—Corporal Punishment

(1) Where, in exercise of his powers under section 43 (3), the Director of Prisons finds any male prisoner over the apparent age of eighteen years guilty of mutiny, incitement to mutiny, or gross personal violence to a member of the Prisons Service or to a fellow prisoner, the Director may order that he receive, subject to the provisions of this section, not more than fifteen strokes of a light cane.

(2) Caning shall not be inflicted on any prisoner unless—

(a) the Prisons Service Board has in writing authorised the infliction of such punishment on the prisoner concerned, and has specified the number of strokes to be inflicted; and

(b) a medical officer has certified in writing the fitness of the prisoner to undergo such punishment, and the suitability of the cane to be used; and

(c) the officer in charge of the prison and the medical officer attend the infliction of such punishment.

(3) The medical officer shall give such orders for preventing injury to health as he may consider necessary, and it shall be the duty of the officer in charge of the prison to carry them into effect; and in case the medical officer orders the punishment to be discontinued it shall be immediately discontinued.

(4) Save as provided by this section, corporal punishment shall not be inflicted on any prisoner.

Section 45—Mechanical Restraints

(1) Save as provided by this section, no prisoner shall be subjected to handcuffs, shackles, leg-irons or any other form of mechanical restraint within a prison.

(2) Where the officer in charge of a prison considers that it is necessary to impose a mechanical restraint on a prisoner in order to prevent his escape, or to prevent him from doing injury to himself or any other person, that officer may, subject to the provisions of this section, impose on that prisoner a mechanical restraint of a type approved by the Prisons Service Board.

(3) A mechanical restraint shall not be imposed under sub-section (2) unless—

(a) the case is one of urgent necessity; and

(b) the officer in charge of the prison has in writing authorised the imposition of a restraint on the prisoner concerned, and has specified the type of restraint to be used; and

(c) the officer in charge of the prison has immediately notified a medical officer.

(4) The medical officer shall give such orders for preventing injury to health as he may consider necessary, and it shall be the duty of the officer in charge of the prison to carry them into effect; and in case the medical officer orders the mechanical restraint to be removed it shall be immediately removed.

(5) A mechanical restraint shall not be imposed under sub-section (2) for longer than is reasonably necessary, and shall not be imposed for longer than twenty-four hours without the written consent of the Director of Prisons.

Section 46—Use of Force

(1) Save as provided by this section, no prison officer shall use force, or any weapon, against a prisoner.

(2) A prison officer may use such force against a prisoner as is reasonably necessary in order to make him obey a lawful order which he has refused to obey or in order to maintain discipline.

(3) A prison officer may use weapons against a prisoner escaping or attempting to escape:

Provided that—

(a) resort shall not be had to any weapons unless the prison officer has reasonable ground to believe that he cannot otherwise prevent the escape; and

(b) a firearm shall not be used against a prisoner unless the prison officer has first given a warning to the prisoner that he is about to fire upon him and such warning goes unheeded.

(4) A prison officer may use a weapon against any prisoner—

(a) who is using violence to any person, if such prison officer has reasonable ground to believe that such violence is likely to cause grievous harm to that person; or

(b) who is engaged with others in riotous or threatening behaviour and refuses to desist when called upon.

(5) Notwithstanding the provisions of subsections (3) and (4) of this section, no prison officer shall use any weapon against a prisoner in the presence of his superior officer except under the orders of such superior officer.

(6) The use of any weapon under this section shall, as far as possible, be to disable and not to kill.

PART VIII—MISCELLANEOUS AND SUPPLEMENTAL

Section 47—Visiting Committees

(1) The Prisons Service Board shall appoint a Visiting Committee for each prison, consisting of two or more visitors (other than the medical officer of the prison) who shall visit such prison not less than twice in every month to inspect all wards, cells, yards, solitary cells, kitchens, washrooms, toilets and every other part of the prison, and to hear the complaints of the prisoners, and to inspect the registers, books and records of the prison.

(2) The Visiting Committee shall call the attention of the officer in charge of a prison to any failure to observe this Decree or the regulations, and any lack of discipline among prison officers, and any other matter which requires attention or redress.

(3) The Visiting Committee may examine any complaint, and may enter into a Visitor's Book to be kept for that purpose any remarks respecting any complaint by a prisoner or respecting any other matter appearing to call for comment.

(4) For the purposes of this section the Visiting Committee may at any time enter the prison and shall have free access to every part of it and to every prisoner.

(5) After each such visit the Visiting Committee shall send a full written report to the Commissioner, the Director of Prisons and the Prisons Service Board.

Section 48—Judiciary May Visit Prisons

(1) Any magistrate or judge may visit a prison and may examine the condition of the prison and of the prisoners therein.

(2) Any such magistrate or judge may enter in the Visitor's Book any remarks respecting the condition of the prison or of the prisoners therein and any other matter appearing to call for comment.

(3) The officer in charge of a prison shall give all reasonable assistance to any magistrate or judge visiting a prison, and shall refer to the Director of Prisons for appropriate action all remarks made by a magistrate or judge in the Visitor's Book.

(4) For the purposes of this section a magistrate or judge may at any time enter any prison and shall have free access to any part of it and to every prisoner.

(5) Nothing in this section shall authorise a magistrate or judge to communicate with any prisoner except on the subject of his treatment in the prison.

Section 49—Prison Officers' Welfare Fund

(1) There shall be a Prison Officers' Welfare Fund, and there shall be paid to the Accountant-General to the credit of the Fund all fines imposed on prison officers in disciplinary proceedings, voluntary contributions, moneys specified by regulations and moneys granted by the Government for that purpose.

(2) The Fund shall be under the control of the Director of Prisons and, in accordance with regulations, there shall be payable from the Fund - 

(a) rewards and gratuities to or in respect of prison officers;

(b) grants for providing and improving comforts, conveniences and advantages, not chargeable to the general revenue, for the benefit of subordinate prison officers;

(c) gratuities to, or in respect of, dependants of any deceased subordinate prison officer.

(3) All moneys in the Prison Officers' Reward, Gratuities and Recreation Fund immediately before the commencement of this Decree are hereby transferred to the Prison Officers' Welfare Fund.

Section 50—Annual Report

(1) As soon as may be after the 30th day of June in each year the Director of Prisons shall prepare a report giving details of the administration of the Prisons Service during the previous twelve months.

(2) The report shall be submitted to the Commissioner who shall cause it to be laid before the National Redemption Council.

Section 51—Regulations

(1) The Prisons Service Board, acting in consultation with the Public Services Commission, and with the prior approval of the National Redemption Council, may by legislative instrument make regulations—

(a) prescribing anything which is to be prescribed for the purposes of this Decree;

(b) providing for any matter which may be provided for by regulations (other than regulations made under section 19) for the purposes of this Decree;

(c) prescribing the conditions for the removal to approved hospitals of prisoners requiring medical or mental treatment of any description, and the reports to be submitted in relation to such prisoners by the hospital;

(d) prescribing the precautions to be taken to prevent the escape of any prisoner;

(e) providing for the making of payments from the Prison Officers' Welfare Fund;

(f) prescribing the registers, books and other records to be kept in any prison.

(2) Subject to the provisions of this Decree and to any directions given to him by the Commissioner, the Director of Prisons may issue Prisons Service Instructions providing for any matter not provided for by regulations made under this Decree and which relates to the administration and functions of the Prisons Service.

Section 52—Interpretation

In this Decree, unless the context otherwise requires—

"approved employment" means such employment as the Commissioner may by executive instrument specify;

"Commissioner" means the Commissioner to whom responsibility for the Prisons Service is assigned by the National Redemption Council;

"prescribed" means prescribed by regulations;

"prison" means a prison established under this Decree;

"prisoner" includes any person lawfully committed to custody;

"prison officer" means a member of the Prisons Service;

"regulations" means regulations made or continued in force under this Decree;

"salary" includes wages;

"subordinate prison officer" means a member of the Prisons Service other than a superior prison officer;

"superior prison officer" means an officer not below the rank of Assistant Prison Superintendent.

Section 53—Repeals and Savings

(1) The following enactments are hereby repealed:—

Sections 227, 228, 229, 230 and 231 of the Criminal Code, 1960 (Act 29).

Prisons Act, 1963 (Act 221).

Prisons (Amendment) Act, 1965 (Act 263).

Paragraphs 13 and 14 of the Criminal Code (Amendment) Decree, 1969 (N.L.C.D. 398).

(2) Notwithstanding the repeal of the Prisons Act, 1963 (Act 221) the following statutory instruments shall continue in force as if made under the corresponding provisions of this Decree, until modified, amended or revoked:—

Prisons Regulations, 1958 (L.N. 412)

Prisons (Amendment) Regulation, 1970 (L.I. 648)

Prisons (Declaration of Prisons) Instrument, 1971 (E.I. 22).

(3) Notwithstanding the repeal of the Prisons Act, 1963 (Act 221), all Prisons Service Instructions issued under that Act and in force immediately before the commencement of this Decree shall continue in force as if made under section 51 (2) of this Decree, until modified or rescinded.

Made this 21st day of March, 1972.

COLONEL I. K. ACHEAMPONG

Chairman of the National Redemption Council

Date of Gazette Notification: 24th March, 1972.