(2) A temporary prison under subsection (1) shall be a prison for the purposes of this Act.
(3) Any prisoner removed to a temporary prison under subsection (1) shall, when the reason for the removal has ceased, be re
(1) Subject to the provisions of the Federal Constitution relating to the jurisdiction, power and functions of the Commission and the orders of the Minister made under this Act, the general charge and administration of prisons and the control and direction of prison officers throughout Malaysia shall be vested in the Commissioner General.
(2) The Commissioner General may from time to time make such transfers and direct the employment and distribution of prison officers as he may think fit.
(1) The Yang di-Pertuan Agong may appoint a Commissioner General of Prison for Malaysia.
(2) There shall be appointed such number of Commissioners of Prison, who shall be prison officers, and such number of prison officers as may be necessary for carrying out the provisions of this Act.
(3) The ranks of Senior Prison Officers and Junior Prison Officers are as set out in the First Schedule.
(1) In the absence or incapacity of the Commissioner General, the powers and duties of the Commissioner General under this Act or any regulations made thereunder may be exercised and performed by the Commissioner of Prison authorized in writing by the Commissioner General.
(2) In the absence or incapacity of the Commissioners of Prison, the powers and duties of the Commissioners General shall be exercised and performed by the prison officer next senior in the prison department.
The Commissioner General may make and issue orders, to be called Commissioner General's Standing Orders not inconsistent with this Act or of any regulations made under the Act.
(2) Subject to the orders of the Commissioner General, the Officer-in-Charge shall-
(a) supervise and control all matters in connection with any prison, the adm
14 PART III OFFICERS-14. Medical Officer and Dental Officer for prisons.
(1) The Minister charged with the responsibility for health services shall, whenever the circumstances permit, appoint from the staff of the Ministry of Health a Medical Officer and a Dental Officer for each of the prisons.
(2) If the circumstances do not permit an appointment under subsection (1), the Minister charged with the responsibility for health services may appoint any registered medical practitioner or any registered dentist to be the Medical Officer or Dental Officer of any particular prison.
(3) The Officer-in-Charge shall arrange with the Ministry of Health or the local department of health for the performance of the duties of a Medical Officer or Dental Officer by another person where the Medical officer of Dental Officer is unable to perform his duties owing-
(a) to illness;
(b) to temporary absence; or
(c) for any other reason.
15 PART III OFFICERS-15. Duties of Medical Officer and Dental Officer.
A Medical Officer and a Dental Officer appointed under section 14 shall be under the control and supervision of the Commissioner General whilst in prison and shall perform such duties as may be prescribed.
16 PART III OFFICERS-16. Terms and conditions of appointment.
A prison officer appointed under this Act shall be subject to the terms and conditions of service applicable to him on his date of appointment.
17 PART III OFFICERS-17. Duties of prison officers.
A prison officer shall perform such duties as may be prescribed.
18 PART III OFFICERS-18. Weapons, accoutrements, etc .
A prison officer shall be provided with such weapons, equipment, uniform and other accoutrements as may be prescribed by the Commissioner General as necessary for the efficient performance of his duties.
[Am. by Act A1332: s.3]
19 PART III OFFICERS-19. Service in Malaysia or on board vessel, aircraft, etc .
A prison officer shall be bound to serve in any part of Malaysia or on board any vessel, aircraft, train or any other vehicle in which prisoners are being transported.
19A PART III OFFICERS-19A. Service outside Malaysia.
The Minister may require any prison officer to serve outside Malaysia.
[Ins. by Act A1332: s.7]
20 PART III OFFICERS-20. Observance of written laws and lawful orders.
A prison officer shall conform strictly to all laws and regulations relating to prisons and prisoners, and shall obey all lawful orders of his superior officers whether given verbally or in writing or issued in the form of Commissioner General's Standing Orders.
[Am. by Act A1332: s.3]
21 PART III OFFICERS-21. Prison officers deemed public servants.
The Commissioner General, Medical Officers, Dental Officers and prison officers appointed under this Act or any regulations made under the Act shall be deemed to be public servants within the meaning of the Penal Code [F.M.S.Cap.45].
[Am. by Act A1332: s.3]
22 PART III OFFICERS-22. Use of weapons.
(1) Subject to subsection (2), a prison officer may use weapons against a prisoner-
(a) escaping or attempting to escape and where the prison officer has reasonable grounds to believe that he cannot otherwise prevent the escape or attempt to escape;
(b) engaged in-
(i) a combined outbreak; or
(ii) an attempt to force or break open any door, gate or enclosure wall of the prison; or
[Am. by Act A1332: s.8]
(c) using violence on a person and where the prison officer has reasonable grounds to believe that the person is in danger of life or limb, or that other grievous hurt is likely to be caused to the person.
(2) A prison officer shall give a warning to a prisoner that he is about to fire on him before using arms in the circumstances mentioned in subsection (1).
(3) No prison officer shall, in the p
23 PART III OFFICERS-23. Prison officers to have powers of police officers.
Subject to any express provision to the contrary, a prison officer while acting as such shall have by virtue of his officer all the powers, authority, protection and privileges of a police officer.
24 PART III OFFICERS-24. Assistance of the police in times of emergency.
(1) The Commissioner General may, in an emergency or in the interest of public safety, request the assistance of the Royal Malaysia Police.
[Am. by Act A1332: s.3]
(2) Police officers deployed under subsection (1) shall be headed by a senior police officer and all such police officers shall be under the control and supervision of the Commissioner General or any other prison officer specially authorized for that purpose.
[Am. by Act A1332: s.3]
25 PART III OFFICERS-25. Prison officers not to be members of trade unions.
(1) For the purpose of enabling prison officers to consider and bring to the notice of the Government all matters affecting their welfare or efficiency, including pay, pensions and conditions of service, other than questions of discipline and promotion affecting individuals, there may be established an association which shall operate and be administered in accordance with regulations made by the Minister.
(2) An association established under subsection (1) shall be entirely independent of and be unassociated with any body of persons outside the prison department and shall be deemed not to be a trade union within the meaning of the Trade Unions Act 1959 [Act 262] , and shall be exempt from the provisions of the Societies Act 1966 [Act 335] .
(3) Subject to subsections (1) and (2), no prison officer shall become a member of any trade union or of any association having for its objects or as one of its objects the control or
26 PART IV CUSTODY AND REMOVAL OF PRISONERS-26. Custody.
(1) A prisoner-
(a)
confined in a prison shall be deemed to be in the lawful custody of the Officer-in-Charge of the prison;
(b)
shall be subject to prison discipline and to all written laws relating to prisons or prisoners and to the Commissioner General's Standing Orders during the period of his imprisonment, whether or not he is within the precincts of a prison; and [Am. by Act A1332: s.3]
(c) while in the custody or under the control of a prison officer-
(i) when being taken to or from a prison;
(ii) whenever he is working outside a prison; or
(iii) is otherwise beyond the limits of the prison,
shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison.
(2) Where a prisoner has escaped from lawful custody, the
27 PART IV CUSTODY AND REMOVAL OF PRISONERS-27. Delivery of person arrested on warrant.
(1) A person arrested under a warrant or an order of a court having civil or criminal jurisdiction shall be brought before the court by which the warrant or order was issued.
(2) If the court under subsection (1) is not then sitting, the person shall be delivered to an Officer-in-Charge for intermediate custody.
(3) The Officer-in-Charge shall 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.
28 PART IV CUSTODY AND REMOVAL OF PRISONERS-28. Delivery of persons or remand.
(1) A person charged with a crime or offence and remanded to a prison by a court or competent authority shall be delivered to the Officer-in-Charge of the prison together with a warrant of remand.
(2) The Officer-in-Charge shall-
(a) detain and cause to be delivered to the court or competent authority; or
(b) discharge,
the person delivered under subsection (1) according to the terms of the warrant.
29 PART IV CUSTODY AND REMOVAL OF PRISONERS-29. Officer-in-Charge to detain persons committed.
An Officer-in-Charge shall kept and detain a person duly committed to his custody by a court or competent authority according to the terms of the warrant or order by which the person has been committed or until the person is discharged by due course of law.
30 PART IV CUSTODY AND REMOVAL OF PRISONERS-30. Production before the court.
(1) Whenever the presence of a prisoner is required in a court having civil or criminal jurisdiction, the court may issue an order in the prescribed form addressed to the Officer-in-Charge requiring for the production of that prisoner at the time and place to be named in the order.
(2) upon receipt of the order, the Officer-in-Charge shall cause the prisoner named in the order to be brought up as directed and shall provide for his safe custody during his absence from prison.
(3) In the event of an adjournment of the matter in which the presence of the prisoner is required, the court may, by endorsement on the order, require the prisoner to be again brought up at the time and place named in the order.
(4) An order issued from the Federal Court, Court of Appeal or the High Court may be signed by the Registrar of the Court, and if issued by any other court shall be signed by the Sessions Court Judge, Magistrate, Registrar or such o
31 PART IV CUSTODY AND REMOVAL OF PRISONERS-31. Power of Commissioner General to order production in certain cases.
(1) The Commissioner General-
[Am. by Act A1332: s.3]
(a) may, being satisfied that there are reasonable grounds requiring the presence of a prisoner at any place in Malaysia; or
(b) shall, where the presence of a prisoner is required for the purpose of any public inquiry,
by order in writing, direct that the prisoner be taken to that place.
(2) A prisoner taken from a prison under subsection (1) shall, whilst outside that prison, be kept in such custody as the Commissioner General may, by order in writing, direct, and whilst in that custody shall be deemed to be in lawful custody.
[Am. by Act A1332: s.3]
32 PART IV CUSTODY AND REMOVAL OF PRISONERS-32. Removal and transfer of prisoners.
(1) The Commissioner General may, by order in writing, remove or transfer all or any prisoners confined in a prison to any other prison.
[Am. by Act A1332: s.3]
(2) No prisoner removed under subsection (1) while in the custody of a prison officer shall be deemed to have escaped although he may be taken into different jurisdictions or to different places of confinement.
(3) For purposes of this section, it shall not be necessary in the order to identify a prisoner by name, but it shall be sufficient to describe the prisoner by reference to his nationality or sentence or by some other like general description.
33 PART IV CUSTODY AND REMOVAL OF PRISONERS-33. Transfer of prisoners under sentences of death.
A prisoner under sentence of death which the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri has ordered to be carried out may, by order of the Commissioner General, be transferred to any other prison, there to undergo his sentence.
[Am. by Act A1332: s.3]
34 PART IV CUSTODY AND REMOVAL OF PRISONERS-34. Orders relating to transferred prisoners.
An order relating to the sentence of a prisoner transferred under section 32 or 33 shall have effect as if the order were directed to the Officer-in-Charge of the prison to which the prisoner is conveyed.
35 PART IV CUSTODY AND REMOVAL OF PRISONERS-35. Evidence.
(1) An order or a warrant made or issued by the Minister or the Commissioner General pursuant to this Act shall-
[Am. by Act A1332: s.3]
(a) be received in evidence in all courts without further proof; and
(b) be evidence of the facts therein stated.
(2) An act done pursuant to an order or a warrant made or issued under subsection (1) shall be deemed to have been authorized by law.
36 PART IV CUSTODY AND REMOVAL OF PRISONERS-36. Mentally disordered prisoner.
(1) Where a prisoner undergoing a sentence of imprisonment or sentenced to death appears to the Commissioner General on the certification of the Medical Officer to be mentally disordered, the Commissioner General shall, by order in writing, direct that the prisoner be removed to, kept and treated at a mental hospital or other fit place of safe custody in Malaysia and there to be kept and treated as the Commissioner General directs.
[Am. by Act A1332: s.3]
(2) An order issued under subsection (1) shall be an authority for the reception of the prisoner and for his detention in the mental hospital or other fit place in Malaysia until removed or discharged as hereinafter provided.
(3) Where a prisoner detained in a mental hospital under subsection (1) is, in the opinion of the medical officer of the mental hospital, no longer mentally disordered, the medical officer shall report accordingly to the Commission
37 PART IV CUSTODY AND REMOVAL OF PRISONERS-37. Illness of prisoner.
(1) In case of serious illness of a prisoner confined in a prison in which there are inadequate facilities for the treatment of that prisoner, the Officer-in-Charge, or in his absence, the next senior prison officer on duty, may, on the certificate of a Medical Officer, make an order for the removal of the prisoner to a government hospital.
[Am. by Act A1332: s.9]
(2) Where a Medical Officer is not available to issue a certificate for the purposes of subsection (1), the Officer in Charge, or in his absence, the next senior prison officer on duty, may make an order for the removal of the prisoner to a government hospital, without a certificate of a Medical Officer.
[Subs. by Act A1332: s.9]
(3) Where in the opinion of a medical officer of a government hospital it is necessary for a prisoner removed to the government hospital under subsection (1) or (2) to be admitted and remai
38 PART IV CUSTODY AND REMOVAL OF PRISONERS-38. Return to prison.
(1) Where a prisoner removed to a hospital under section 37 is, in the opinion of the medical officer of the hospital, no longer necessary for the prisoner to remain at the hospital, the medical officer shall transmit a certificate stating that fact to the Officer-in-Charge of the prison from where the prisoner was removed.
(2) On receipt of the certificate referred to in subsection (1), the Officer-in-Charge shall cause the prisoner to be brought back to the prison, if he is still liable to be confined in the prison.
39 PART IV CUSTODY AND REMOVAL OF PRISONERS-39. Liability for escape.
If a prisoner shall escape during the time he is in a hospital, no prison officer shall be liable for the escape unless the prisoner has been specifically placed in the custody of the prison officer.
40 PART IV CUSTODY AND REMOVAL OF PRISONERS-40. Duty to assist in preventing escape.
(1) It shall be the duty of the medical officers of the hospital to which a prisoner has been removed under section 37 to lend all assistance in order to ensure that the necessary precautions for preventing the escape of the prisoner under treatment in the hospital have been taken.
(2) It shall be lawful for the medical officers in subsection (1) to take such measures for preventing the escape of the prisoner as shall be necessary.
Provided that no measures for preventing the escape of a prisoner shall be taken which, in the opinion of the medical officers, is likely to be prejudicial to the health of the prisoner.
41 PART IV CUSTODY AND REMOVAL OF PRISONERS-41. Special custody in hospital.
Where from the gravity of the offence for which a prisoner may be in custody or for any other reason, the Officer-in-Charge considers it desirable to take special measures for the security of a prisoner while under treatment in a hospital, the Officer-in-Charge may, in the event of there being no prison officer available, place the prisoner into the charge of two or more fit and proper persons, one of whom shall be with the prisoner at all times,-
(a) who shall be vested with full power and authority to do all things necessary to prevent the prisoner from escaping; and
(b) who shall be answerable for the safe custody of the prisoner-
(i) until such time as the prisoner is handed over to a prison officer on his discharge from the hospital; or
(ii) until such time as the term of imprisonment of the prisoner expires.
whichever may first occur.
42 PART IV CUSTODY AND REMOVAL OF PRISONERS-42. Removal vessel.
(1) Where it is necessary for the purposes of this Part to remove any prisoner out of Malaysia by sea or by air, he shall be removed in a vessel or aircraft to be appointed for the purpose by the Commissioner General.
[Am. by Act A1332: s.3]
(2) The time occupied in effecting any removal shall be reckoned as part of the term of imprisonment.
43 PART IV CUSTODY AND REMOVAL OF PRISONERS-43. Release of prisoners on licence.
(1) Subject to any regulations made by the Minister, the Commissioner General may, at any time if he thinks fit, release on licence and on such conditions as may be specified in the licence, a prisoner serving any term of imprisonment.
[Am. by Act A1332: s.3 & s.10]
(2) The Commissioner General may, at any time,-
[Am. by Act A1332: s.3]
(a) modify or cancel the conditions referred to in subsection (1); or
(b) by order, recall to prison a prisoner released on licence under subsection (1) but without prejudice to the power of the Commissioner General to release the prisoner on licence again.
[Am. by Act A1332: s.3]
(3) Where a prisoner is recalled under paragraph (2) (b) , his licence shall cease to have effect and he shall, if at large, be deemed to be unlawfully at large and sha
44 PART IV CUSTODY AND REMOVAL OF PRISONERS-44. Remission of sentence.
(1) With a view to encouraging good conduct and industry and to facilitate reformative treatment, a prisoner sentenced to imprisonment of more than one month, shall be entitled to be granted a remission of his sentence.
(2) All or any part of the remission for which a prisoner may be entitled may, on commission of an offence under section 50 or an offence relating to parole, be cancelled by the Commissioner General:
[Am. by Act A1332: s.3 & s.11]
Provided that in no case shall any forfeiture exceed the amount of remission earned at the time of commission of the offence.
(3) The Commissioner General may restore to a prisoner all or any part of a remission which the prisoner has forfeited during his sentence.
[Am. by Act A1332: s.3]
(4) A prisoner who is awarded a remission of part of his sentence shall be discharged upon the expiration of so much of his sentenc
45 PART IV CUSTODY AND REMOVAL OF PRISONERS-45. Discharge of prisoners.
(1) An Officer-in-Charge, or in his absence, the next senior prison officer on duty,shall be responsible for the due discharge of a prisoner immediately upon his becoming entitled to release, whether by-
(a) the expiration of his term of sentence;
(b) payment of fine;
(c) pardon;
(d) commutation; or
(e) remission of sentence.
[Am. by Act A1332: s.12]
(2) Subject to the approval of the Commissioner General and at the expense of the Government, a prisoner duly discharged from prison in accordance with this section may be returned to the place where the prisoner ordinarily resides.
[Am. by Act A1332: s.3]
46 PART IV CUSTODY AND REMOVAL OF PRISONERS-46. Saving powers of the High Court.
Nothing in this Act shall be held to lessen or affect the powers of the Judges of the High Court to direct persons confined in any prison to be brought before the Court under the provisions of Chapter XXXVI of the Criminal Procedure Code [Act 593] .
46A PART IVA PAROLE-46A. Interpretation for purposes of Part IVA.
For the purposes of this Part, unless the context otherwise requires-
(a) "parole district" means the parole district as the Minister may determine;
(b) "Parole Board" means the Parole Board established under section 46B;
(c) "parolee" means a prisoner who is released on a Parole Order;
(d) "parole" means the release of a prisoner to serve any part of his sentence of imprisonment outside prison pursuant to a Parole Order;
(e) "parole officer" means any prison officer not below the rank of Prison Inspector assigned to perform such duties prescribed under this Part;
(f) "Chairman of the Parole Board" m
46B PART IVA PAROLE-46B. Establishment of Parole Board.
(1) There shall be established such number of Parole Boards to exercise all powers, discharge all duties and perform all functions as may be provided under this Act.
(2) A Parole Board shall consist of the following members who shall be appointed by the Yang di-Pertuan Agong:
(a) a Chairman, from amongst members of the Judicial and Legal Service;
(b) a senior prison officer;
(c) a senior police officer;
(d) a senior welfare officer; and
(e) three members of the public.
(3) Every member shall hold office for a period of three years and is eligible for reappointment.
(4) The appointment of any member of a Parole Board may be revoked by the Yang di-Pertuan Agong at any time without assigning any reason for it.
(5) A member of a Parole Board may at any time resign his office by a written notice addressed to the Yan
46C PART IVA PAROLE-46C. Powers of Parole Board.
(1) With a view to encouraging good conduct and industry and to facilitate reformative treatment of a prisoner, a Parole Board shall have the following powers:
(a) to make a decision whether to release on parole a prisoner who applies for parole;
(b) to suspend or revoke a Parole Order;
(c) to add or vary any conditions of a Parole Order;
(d) to hold an inquiry on any matters related to parole;
(e) to examine any prisoner for the purposes of soliciting additional information related to a parole application or for any other reason that the Parole Board deems fit; and
(f) to exercise and perform such other functions and duties as the Minister may determine.
(2) A Parole Board may establish a secretariat as it deems necessary or expedient to assist it in the performance of its functions and duties and the exercise of its
46D PART IVA PAROLE-46D. Parolee subject to this Part.
Notwithstanding section 29, a Parole Order may be issued to any prisoner eligible for parole who has been committed to the custody of an Officer in Charge under that section and where such Parole Order is issued, such prisoner shall be subject to and dealt with under this Part.
[Ins. by Act A1332: s.13]
46E PART IVA PAROLE-46E. Eligibility for parole.
(1) A prisoner who is serving a sentence of imprisonment for any offence prescribed in the Fourth Schedule shall not be eligible for parole.
(2) The Minister may by order published in the Gazette amend the Fourth Schedule.
(3) Subject to subsections (4), (5) and (6), a prisoner shall only be eligible to be considered for parole-
(a) if he is sentenced to a minimum of one year imprisonment for any offence other than the offences prescribed in the Fourth Schedule;
(b) subject to subsection (7), after he has served at least half of his term of imprisonment without taking into account the remission of sentence granted to him under section 44; and
(c) after he has undergone a rehabilitation program approved by the Commissioner General while serving his sentence of imprisonment.
(4) Where there is a charge for any offence, other than an offence pres
46F PART IVA PAROLE-46F. Matters for Parole Board to take into account before making Parole Order.
In deciding whether or not to release a prisoner on parole, the Parole Board-
(a) shall examine and evaluate the parole dossiers received from a prison officer in respect of such prisoner and any other report prepared by any prison officer in relation to an application for release on parole of such prisoner; and
(b) shall have regard to the following matters:
(i) the need to protect the safety of the community;
(ii) the need to maintain public confidence in the administration of justice;
(iii) the nature and circumstances of the offence to which the sentence of the prisoner relates;
(iv) the prisoner's criminal record;
(v) the risk of the prisoner re-offending if he is released on parole;
(vi) the likelihood of the prisoner being able to adapt to normal community life;
(vii) the likely effect on the victim of the prisoner and the victim's
46G PART IVA PAROLE-46G. Proceedings before Parole Board.
(1) If a Parole Board considers that the appearance of a prisoner who is applying for parole is necessary, the Parole Board may serve a notice on such prisoner to appear before the Parole Board at the time and place specified in the notice.
(2) The prison officer shall make the necessary arrangements to procure the attendance of the prisoner before the Parole Board.
(3) If the prisoner is unable to appear before the Parole Board because of illness or attending any court proceedings or any other reasonable grounds, he may submit a written representation to the Parole Board.
(4) All proceedings before a Parole Board under this section shall be held in camera and no legal representation on behalf of a prisoner shall be allowed.
[Ins. by Act A1332: s.13]
46H PART IVA PAROLE-46H. Decision of Parole Board.
(1) Where a Parole Board makes a decision not to release a prisoner on parole, the Parole Board shall inform the decision in writing-
(a) to the Commissioner General;
(b) to the Officer in Charge of the prison in which the prisoner is serving his sentence of imprisonment; and
(c) to the prisoner concerned.
(2) A prisoner may reapply for parole six months after the date of the decision of a Parole Board not to release him on parole.
(3) Where a Parole Board makes a decision to release a prisoner on parole, the Parole Board shall issue a Parole Order specifying the date of release on parole and the parole district where such parolee is to serve the parole subject to such conditions as may be determined by the Parole Board.
(4) A copy of the Parole Order shall be served on-
(a) the Commissioner General;
(b) t
46I PART IVA PAROLE-46I. Prisoner serving parole deemed to continue serving sentence.
(1) A parolee is deemed to continue serving his sentence of imprisonment during the period of parole-
(a) that begins on the date of release on parole specified in the Parole Order; and
(b) that ends upon the expiration of his sentence of imprisonment taking into account so much of his sentence as shall remain after deducting from it such part of remission of sentence granted, or when the Parole Order is suspended or revoked.
(2) The period of parole prescribed in subsection (1) shall be reckoned as part of the term of imprisonment.
[Ins. by Act A1332: s.13]
46J PART IVA PAROLE-46J. Duties of parole officer.
(1) A parolee in respect of whom a Parole Order has been issued shall be taken by a prison officer to the place where such parolee is to serve the parole and placed into the charge of a parole officer.
(2) A parolee shall be under the custody and supervision of a parole officer throughout the parole period.
(3) Whenever a warrant or an order requiring for the production of a parolee is issued by a court, or whenever an order is issued by the Commissioner General, requiring the presence of the parolee at any place outside his parole district, for any reasonable grounds, to the satisfaction of the Commissioner General, it shall be the duty of a parole officer to cause the parolee named in the warrant or order to be brought up as directed and to provide for his safe custody.
(4) A parole officer shall cause to be maintained a register relating to the parolees in his parole district containing such details and in such form as the Mi
46K PART IVA PAROLE-46K. Duties of parolee.
It shall be the duty of a parolee-
(a) to report to a parole officer at such time and date as such parole officer may from time to time direct;
(b) to reside at the place specified in the Parole Order;
(c) to seek the permission of a parole officer if the parolee wants to visit a place outside the parole district where the parolee is serving his parole;
(d) to enter into employment arranged or agreed by the parole officer;
(e) to undergo any programmes for his rehabilitation as may be organized or directed by a parole officer;
(f) to comply with the conditions of the Parole Order; and
(g) to comply with any other conditions, instructions and directions as may be given by the Parole Board or a parole officer.
[Ins. by Act A1332: s.13]
46L PART IVA PAROLE-46L. Change of parole district.
(1) An application may be made by a parole officer in charge of a parolee or a parolee to the Parole Board for a change of the parole district of a parolee.
(2) A Parole Board may, upon satisfaction of the grounds of an application to change the parole district of a parolee, allow the application subject to such conditions as the Parole Board may impose and issue a notice to that effect.
(3) A copy of the notice under subsection (2) shall be served on-
(a) the Commissioner General;
(b) the Officer in Charge of the prison in which the parolee is serving his sentence of imprisonment immediately before the date of the Parole Order;
(c) the parole officer in charge of the parole district of the parolee immediately before the change of the parole district of such parolee;
(d) the parole officer in charge of the parole district where the parolee is to serve the p
46M PART IVA PAROLE-46M. Suspension and revocation of Parole Order.
(1) Where a parole officer finds that a parolee has failed to comply with any of the provisions of section 46K or any condition stated in a Parole Order, the parole officer-
(a) shall submit a report to the Parole Board through its secretariat; and
(b) shall place the parolee into the charge of the Officer in Charge of the nearest prison.
(2) A Parole Board may suspend a Parole Order-
(a) upon receiving a report from a parole officer that a parolee has failed to comply with any of the provisions of section 46K or any conditions stated in a Parole Order; or
(b) if the Parole Board has reasonable grounds to believe that the Parole Order was issued on false or misleading information.
(3) A Parole Board may serve a notice on the parolee to appear before the Parole Board for an inquiry and the parolee may make a represent
46N PART IVA PAROLE-46N. Effect of revocation of Parole Order.
(1) Where a Parole Order is revoked, unless theprisoner to whom such Parole Order relates is deemed to be unlawfully at large under subsection (3), such prisoner shall be taken into custody by a parole officer and shall be delivered to the Officer in Charge of the nearest prison for immediate custody.
(2) The Officer in Charge shall as soon as may be practicable cause the prisoner in subsection (1) to be removed, transferred or taken to the prison where he was serving his sentence of imprisonment immediately before the issue of the Parole Order to undergo his remaining sentence.
(3) Where the Parole Order is revoked pursuant to paragraph 46M(5) (b) , and if the parolee is at large, such parolee shall be deemed to be unlawfully at large and shall, on conviction, be liable to a term of imprisonment not exceeding two years.
(4) Where a parolee who has been convicted under subsection (3) is sentenced to imprisonment, such imp
46O PART IVA PAROLE-46O. Period while parolee is at large not to be reckoned as part of sentence.
Where a parolee is deemed to be unlawfully at large, the period during which he is at large shall not be reckoned as part of the term of the sentence of imprisonment he was undergoing at the time of his being at large.
[Ins. by Act A1332: s.13]
47 PART V EMPLOYMENT AND PRISON DISCIPLINE-47. Effect of sentence of imprisonment.
(1) A sentence of imprisonment passed or to be passed upon a prisoner shall subject the prisoner during the term of his sentence-
(a) to be imprisoned, subject to his being released on parole; and
[Am. by Act A1332: s.15]
(b) to work at such labour as may be directed by the Officer-in-Charge and, so far as is practicable, such labour shall take place-
(i) in association;
(ii) outside cell;
(iii) outside the limits of the prison as approved by the Director General.
(2) The Medical Officer may certify a prisoner as-
(a) unfit and recommend that the prisoner be excused from labour; or
(b) fit only to perform light labour.
(3) A prisoner under subsection (2) shall only be required to work on any labour prescribed as light labour.
48 PART V EMPLOYMENT AND PRISON DISCIPLINE-48. Scheme for prisoner to engage in employment.
(1) For the purposes of enabling prisoners, other than the prisoners referred to in section 49, to take up gainful employment whilst they are serving their sentences, the Minister may introduce a scheme and such prisoners may upon their own election participate in the scheme.
(2) A prisoner taking up employment under a scheme referred to in subsection (1)-
(a) may, despite an order made by a court for the committal of the prisoner, be taken daily beyond the limits of the prison to perform work; and
(b) shall, at all times be deemed to be in prison and subject to all the same incidents as if he were actually in prison.
49 PART V EMPLOYMENT AND PRISON DISCIPLINE-49. Segregation of prisoners.
(1) A prisoner-
(a) confined under civil process;
(b) on remand charged with a crime or an offence;
(c) committed to take his trial; or
(d) confined for want of sureties,
shall not ordinarily be associated with prisoners serving their sentences of imprisonment or be required to labour beyond such labour as is reasonably proper for keeping his person and dress in a proper state and keeping the place in which he is confined clean.
(2) Where a prisoner under subsection (1) elects to be employed during the period he is confined, he shall receive payment for the employment at such rates as may, from time to time, be prescribed.
(3) A young prisoner shall, so far as local conditions permit, be kept apart from adults under detention.
(4) Where it appears to the Officer-in-Charge that it is desirable for the good order and discipline o
50 PART V EMPLOYMENT AND PRISON DISCIPLINE-50. Punishment of prison offences by Officer-in-Charge.
(1) An Officer-in-Charge, or in his absence, the next senior prison officer who has been authorized by the Officer in Charge,may punish a prisoner found after due inquiry to be guilty of a minor prison offence by ordering him to undergo one or more of the following punishments:
[Am. by Act A1332: s.16]
(a) reprimand;
(b) reduction in stage;
(c) postponement of promotion in stage;
(d) forfeiture of privileges;
(e) removal from the earnings scheme;
(f) reduction in earnings grade;
(g) forfeiture of remission not exceeding such amount as may be prescribed;
(h) separate confinement in a cell on the prescribed restricted diet for a term not exceeding such period as may be prescribed.
(2) The punishments referred to in paragraphs (b) to (f) o
51 PART V EMPLOYMENT AND PRISON DISCIPLINE-51. Register of punishment.
The Officer-in-Charge shall enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by him upon prisoners showing, in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.
52 PART V EMPLOYMENT AND PRISON DISCIPLINE-52. Prisoner may make his defence.
No prisoner shall be punished until he has had an opportunity-
(a) of hearing the charge or complaint against him and the evidence in support thereof; and
(b) of making his defence and calling of evidence in support thereof;
53 PART V EMPLOYMENT AND PRISON DISCIPLINE-53. Prosecution for offences.
Nothing in this Act shall be construed so as to exempt any prisoner from being proceeded against for any offence by the ordinary course of law, but no prisoner shall be punished twice for the same offence.
54 PART IV OFFENCES-54. Offences concerning prison supplies.
(1) No prison officer, Medical Officer, Dental Officer or staff employed by the prison department shall-
(a) directly or indirectly have any pecuniary interest in the purchase of prison supplies;
(b) receive or have any pecuniary dealings with prisoners or their friends with regard to any discounts, gifts or other consideration from contractors for, or sellers of, prison supplies;
(c) sell or supply any article to or for the use of a prisoner or a prison;
(d) receive directly or indirectly-
(i) any benefit or advantage from the sale or supply of; or
(ii) any interest in any contract or agreement for the sale or supply of,
any article to or for the use of a prisoner or a prison.
(2) No prison officer, Medical Officer, Dental Officer or staff employed by the prison department shall hold any unauthorised
55 PART IV OFFENCES-55. Payment of money forbidden.
(1) No money or other consideration shall, on any pretext whatsoever, be payable, paid, given or promised, to a prison officer, Medical Officer, Dental Officer or staff employed by the prison department, by or on behalf of a prisoner, either on his-
(a) entry into;
(b) commitment to;
(c) continuance in;
[Am. by Act A1332: s.17]
(ca) release on parole from; or
[Ins. by Act A1332: s.17]
(d) discharge from, a prison.
(2) A prison officer, Medical Officer, Dental Officer or staff employed by the prison department, receiving or demanding from or on behalf of a prisoner-
(a) any money or other consideration;
(b) the promising of money or other consideration;
(c) the undertaking of any service in consideration of rece
56 PART IV OFFENCES-56. Delivery of uniform, etc. on leaving.
(1) A person, upon ceasing to be a prison officer, shall immediately deliver up to the Officer-in-Charge of the prison in which he is serving at the time of ceasing to be a prison officer, every article of uniform and clothing and all weapons, accoutrements, and other effect of every kind belonging to the Government.
(2) A prison officer who fails to comply with subsection (1) shall be guilty of an offence and shall be liable, on conviction-
(a) to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both; and
(b) in addition, shall be liable to pay the value of any article not delivered up, which value shall be recoverable as if it were a fine.
57 PART IV OFFENCES-57. Unlawful possession, sale or supply of articles supplied to prison officers, etc .
(1) A person, not being a prison officer, who-
(a) without lawful authority, purchases or receives or is found in possession of and who fails to account satisfactorily for his possession of-
(i) an article which has been supplied to a prison officer for the execution of his duty; or
(ii) a medal or decoration granted to a prison officer for service or good conduct;
(b) without lawful authority, manufactures, sells, supplies, offers to sell or supply a reasonable facsimile of-
(i) a badge or device used to indicate that a person is a prison officer or the rank of a prison officer; or
(ii) a medal or decoration granted to a prison officer for service or good conduct;
(c) unlawfully wears, uses or displays otherwise than in the course of a stage play or other theatrical performance-
(i)
58 PART IV OFFENCES-58. Smuggling of prohibited articles into prison.
(1) A person who smuggles or attempts to smuggle a prohibited article into or out of a prison shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
[Subs. by Act A1332: s.18]
(2) In this section, "prohibited article" means any drugs, money or liquor and includes any instrument or article as may be prescribed by the Commissioner General from time to time.
[Am. by Act A1332: s.3]
59 PART IV OFFENCES-59. General penalty.
A person who is guilty of an offence under this Act or any regulations made under the Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding six months or to both.
60 PART VII PRISON OFFICER'S REWARD FUND-60. Prison Officers' Reward Fund.
(1) There shall be established a fund to be known as the Prison Officers' Reward Fund (hereinafter referred to as the Fund) which shall be operated as a Trust Account within the Federal Consolidated Fund.
(2) The Fund shall consist of-
(a) all emoluments forfeited by and all fines imposed on prison officers in any disciplinary proceedings;
(b) all grants, donations, gifts and contributions made to or in favour of the Fund;
(c) all other sums or property which may in any manner become payable to or vested in the fund; and
(d) all monies-
(i) confiscated; or
(ii) the ownership of which is unknown and found,
in the course of a search in a prison.
61 PART VII PRISON OFFICER'S REWARD FUND-61. Application of Fund.
Subject to regulations made under this Act, the Fund shall be applied for the purpose of-
(a) rewarding prison officers for outstanding acts of initiative and resource or for skill in the performance of any departmental duty requiring tact or ability;
(b) rewarding prison officers for any meritorious act of bravery whereby life has been saved or property has been secured from loss or destruction;
[Am. by Act A1332: s.19]
(c) procuring comforts, convenience and other benefits, which are not chargeable to public revenue, for prison officers, former prison officers who have retired on pension, gratuity or allowance or persons who were wholly or partially dependent on deceased prison officers or former prison officers at the time of their death; and
[Am. by Act A1332: s.19]
(d) rewarding any person whom the Committe
62 PART VII PRISON OFFICER'S REWARD FUND-62. Administration of Fund.
(1) There shall be established a Prison Officers' Reward Fund Committee which shall have the control of the Fund.
(2) The Committee shall consist of the following members:
(a) the Commissioner General as Chairman;
[Am. by Act A1332: s.3]
(b) two Senior Prison Officers to be appointed by the Minister; and
(c) two public officers to be appointed by the Minister.
(3) Subject to regulations made under this Act, the Committee shall have power to regulate its proceedings.
(4) No person shall carry on an activity to raise monies for the Fund without the prior written consent of the Committee.
(5) Any person who contravenes subsection (4) shall be guilty of an offence.
62A PART VIIA PRISON CADET-62A. Establishment of Prison Cadet.
A body to be known as the Prison Cadet shall be established for any area in Malaysia, as the Minister may determine, which shall consist of such number of senior Prison Cadet officers, junior Prison Cadet officers and cadets.
[Ins. by Act A1332: s.20]
62B PART VIIA PRISON CADET-62B. Members of Prison Cadet.
The following persons may apply to join the Prison Cadet:
(a) any person who is not below the age of twenty-one and not above the age of fifty, and not being a member of the Prison Department of Malaysia or any force established under any written law, who fulfills such criteria as the Minister may determine;
(b) any person who is a registered student of any training or educational institution following a course of study or training on a full time or part time basis in such training or educational institution, as the Minister may determine, upon consultation with the Minister charged with the responsibility for such training or educational institution; and
(c) any pupil of any secondary school as defined under the Education Act 1996 [Act 550] , as the Minister may determine upon consultation with the Minister charged with the responsibility for education.
63 PART VIII GENERAL-63. Prison officers subject to disciplinary regulations.
(1) All prison officers shall be subject to regulations relating to discipline as may from time to time be made by the Yang di- Pertuan Agong under Article 132(2) of the Federal Constitution.
(2) For the purpose of this section, any regulations which for the time being are in force shall only have force and effect to the extent they are not in conflict with any regulations referred to under subsection (1).
64 PART VIII GENERAL-64. Visiting Justices.
(1) The Minister shall, for every two years, appoint for each State and Federal Territory a Board to be called the Board of Visiting Justices of which any senior Magistrate of each State and Federal Territory shall be an ex officio member.
(2) The Minister may determine payment of allowances for members of the Board of
[Subs. by Act A1332: s.21]
(3) Notwithstanding anything to the contrary, the members of the Board of Visiting Justice appointed under section 64 of the principal Act who held office before the date of the coming into operation of subsection (1) of this section shall continue to hold office until the expiry of their term of appointment.
65 PART VIII GENERAL-65. Duties of Visiting Justices.
(1) A Visiting Justice may-
(a) at any time, visit any prison in the State or Federal Territory for which he is appointed;
(b) inspect the wards, cells, yards and other apartments and divisions of the prison;
(c) inspect and test the quality and quantity of the prisoners' food;
(d) hear the complaints, if any, of the prisoners;
(e) question any prisoner or prison officer,
for the purpose of ascertaining, so far as possible, whether the provisions of this Act and any regulations made under the Act and the Commissioner General's Standing Orders are adhered to.
[Am. by Act A1332: s.3]
(2) A Visiting Justice shall-
(a) call the attention of the Officer-in-Charge to any irregularity that may be observed in the-
(i) working of the prison; or
(i
66 PART VIII GENERAL-66. Visits by Judges, Magistrates, etc.
(1) A judge of the High Court, a Sessions Court Judge, and a Magistrate having jurisdiction in a place where a prison is situated may, whenever he thinks fit-
(a) enter and examine the condition of the prison and of the prisoners in the prison;
(b) question any prisoner or prison officer,
and enter any observations he thinks fir to make in reference to the condition of the prison and the prisoners in a Visitors' Book.
(2) A Visitors' Book shall be kept for the purpose in subsection (1) by the Officer-in-Charge which shall be produced to the Visiting Justices at their next visit.
67 PART VIII GENERAL-67. Regulations.
(1) The Minister may publish in the Gazette such regulations as may be necessary or expedient for the good management and government of prisons, and for carrying out or achieving the objects and purposes of the Act.
(2) In particular and without prejudice to the generality of subsection (1), regulations made under this section may provide for all or any of the following matters:
(a) the powers and duties of persons employed in the prison department;
(b) the inspection and management of lock-ups, the officers to be in charge of the lock-ups, and for the employment, diet and discipline of persons confined in the lock-ups;
(c) the medical examination, measuring, photographing and taking of fingerprint impressions or other records of prisoners, including detailed personal statistics and histories, and for requiring full and truthful answers to all questions put to the prisoners with th
68 PART VIII GENERAL-68. Repeal, saving and transitional provisions.
(1) The laws mentioned in the Second Schedule to the extent to which they are therein expressed to be repealed are repealed accordingly.
(2) Save for item 4 in the Second Schedule, all subsidiary legislation, orders, directions and notices made or given and any act lawfully done under or by virtue of the repealed Ordinances shall, in so far as such subsidiary legislation, order, direction or notice is not inconsistent with the provisions of this Act, be deemed to have been made or given under or by virtue of this Act, and shall continue to remain in force and to have effect until amended, repealed, rescinded, revoked or replaced under or by virtue of this Act.
(3) Notwithstanding subsections (1) and (2), in respect of a sentence of imprisonment passed or to be passed upon a prisoner on or after the coming into force of this Act, the laws mentioned in the Third Schedule shall apply.
(4) Notwithstanding subsection (1)-
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