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REFORM INSTITUTIONS ACT (PART IV – TREATMENT OF DETAINEES (Punishment for…

- - - - (a) supervise and control all matters in connection with the institution to which he is appointed;
      - (b) keep such records as the Commissioner may direct; and
      - (c) be responsible to the Commissioner for—
        
        (i) the conduct of officers and the treatment and training of
        detainees under his control; and
        
        (ii) the due observance by officers and detainees of this Act and
        any standing order or direction made or given under this Act.
  - - - (a) obey all lawful orders given, verbally or in writing, by the Commissioner; and
      - (b) comply with all standing orders and administrative directions issued by the Commissioner.
  - - - (a) shall wear the uniform of the Service and be provided with a baton; and
      - (b) may be provided with such firearm, weapon, ammunition and
        other equipment as may be necessary for the effective discharge
        of his duties.
  - - - (a) while in charge of a detainee for the purpose of conveying him
        to or from an institution;
      - (b) for the purpose of apprehending a detainee who has escaped
        from lawful custody;
      - (c) for the purpose of preventing the escape of a detainee or an attack on a detainee; and
      - (d) in the performance of his duties under this Act,
        have all the powers, protection and privileges of a police officer.
  - - - (a) examine anything which is within or being brought into or taken out of an institution; and
      - (b) where he has reason to suspect that a person or a vehicle is carrying a prohibited article or any stolen Government property in
        use in an institution, stop and search the vehicle or person found -
        
        (i) within, or going in or out of, an institution;
        
        (ii) close to a detainee, whether inside or outside an institution.
    - - (a) refuse to admit to the institution any person, other than a detainee or an officer, who is not willing to be searched; and
      - (b) order any person, other than a detainee or officer, who is within an institution and who refuses to be searched to leave the institutionand, on the person’s refusal, use such force as may be
        necessary to remove him from the institution.
  - - - (a) search for and apprehend any detainee who has escaped from custody; and
      - (b) enter and search any premises in which he has cause to believe that a detainee who has escaped from custody may be concealed.
  - - - (a) in self-defence;
      - (b) in the defence of another person;
      - (c) to prevent a detainee from escaping;
      - (d) to compel obedience to an order which the detainee wilfully refuses to obey; or
      - (e) to maintain discipline in the institution.
    - - (a) escaping or attempting to escape from an institution or from
        lawful custody and refuses, when called upon to return;
      - (b) engaged with others in riotous behaviour in an institution and
        refuses to desist when called upon; or
      - (c) endangering the life of, or is likely to inflict serious injury on, any person.
  - - - (a) the number of detainees in an institution is greater than that
        which can be conveniently kept there and that it is not convenient
        to transfer the excess number to another institution; or
      - (b) owing to the outbreak of an epidemic within an institution or for any other reason, it is desirable to provide for the temporary
        shelter or safe custody of any detainee outside the institution,
  - - - (a) with the approval of the Public Service Commission, recruit such temporary officers as may be necessary; and
      - (b) with the approval of the Commissioner of Police, call for the assistance of such police officers as may be required.
- - - - (a) the evidence available as to the character and previous conduct of the minor and the circumstances of the offence;
      - (b) whether it is expedient for his reformation that he should undergo a period of training in a Correctional Youth Centre or a Rehabilitation Youth Centre, as the case may be;
      - (c) any report or representation which may be made to it by or on
        behalf of the Chief Probation Officer in consultation with the
        Commissioner as to the suitability of the case for treatment in a
        Correctional Youth Centre or a Rehabilitation Youth Centre; and
      - (d) the state of health and mental condition of the minor, especially withregard to the benefit that he would be likely to derive from instructionand discipline in a Correctional Youth Centre or a Rehabilitation Youth Centre.
    - - (a) be for a minimum period of 2 years; and
      - (b) include supervision under section 49.
  - - - (a) in assessing the length of the term, take into consideration the
        period of that person’s detention which remained unexpired at
        the time of the conviction; and
      - (b) cancel the order committing the detainee to the Correctional
        Youth Centre.
  - - - (a) for that purpose be taken into police custody at the institution to which he has been committed; and
      - (b) remain under police custody until returned to the institution or
        discharged by the Court.
  - - - (a) an officer or a police officer shall accompany the detainee on the ship or aeroplane in which the detainee is to be transferred;
      - (b) the detainee shall be deemed to be in the lawful custody of the officer or police officer accompanying him; and
      - (c) the captain of the ship or aeroplane may take such reasonable
        steps as he thinks fit to retain or control the detainee during the
        journey.
- - - - (a) have his name, nationality, age, weight and any distinguishing
        mark or feature recorded;
      - (b) subject to section 28, be searched and have every prohibited
        article taken from him;
      - (c) take a bath or shower;
      - (d) be examined by a medical officer who shall record the state of
        health of the detainee; and
      - (e) be provided in the recreation room or association yard with sufficient information as to—
        
        (i) the disciplinary requirements of the institution;
        
        (ii) earnings and privileges; and
        
        (iii) the proper methods of making complaints as to food, clothing,
        bedding and other necessities.
  - - - (a) be supplied with and wear such clothing as may be directed by the officer in charge; and
      - (b) be supplied with bedding adequate for warmth and health.
  - - - (a) bring in or purchase food or clothing from his private resources instead of receiving the diet or clothing provided by the Service; and
      - (b) receive cigarettes and toilet articles from his private resources.
    - - (a) No food, clothing or other article belonging to an unconvicted detainee shall be given, hired, loaned or sold to any other detainee.
      - (b) Where a detainee contravenes paragraph (a), the Commissioner may withdraw any authorisation granted under subsection (1).
  - - - (a) he attains the age of 5 years; or
      - (b) arrangements for his proper care outside the institution are
        made,
  - - - (a) a member;
      - (b) the Commissioner; or
      - (c) such classes of officers as the Commissioner may designate to hear complaints.
    - - (a) make arrangements to see the detainee concerned at the first
        convenient opportunity; and
      - (b) record the complaint of the detainee and submit it to the Commissioner for consideration.
  - - - (a) on the same subject more than once in any period of 6 months; or
      - (b) regarding any appeal against conviction or sentence which has not yet been determined.
    - - (a) the Commissioner may submit his observations, if any, on the
        subject matter of the complaint; and
      - (b) the President may order an enquiry to be made into the complaint.
  - - - (a) shall cause every detainee to be examined at such time as may be prescribed;
      - (b) may, with or without the detainee’s consent, take, cause or
        direct thetaking of such action as he thinks fit in the interests of
        the health of a detainee; and
      - (c) shall keep in such form as may be prescribed—
        
        (i) a case book showing the name, disease, ailment or complaint and treatment of every detainee who is sick, ill or injured;
        
        (ii) a journal containing his comments on the state of sanitation
        and hygiene of the institution and detainees;
        
        (iii) a case book giving full details of the medical history,
        treatmentand cause of death of every detainee who dies in
        the institution; and
        
        (iv) a record of the nature and quality of the food of the detainee both before and after cooking.
  - - - (a) he is handed over to the officer in charge on his discharge from hospital or mental hospital; or
      - (b) the expiry of his period of detention,
  - - - (a) Subject to this section and Part V, every sentence of detention shall subject the detainee to detention and performance of such work as may be directed by the officer in charge during the term of the sentence.
      - (b) Detainees in a Rehabilitation Youth Centre may attend classes in ordinary education.
    - - (a) any labour; or
      - (b) any labour other than light labour.
  - - - (a) his confinement in a separate cell for a period not exceeding
        2 weeks;
      - (b) the forfeiture of his privileges for a period not exceeding
        3 months;
      - (c) the forfeiture of his earnings for a period not exceeding
        3 months;
      - (d) a loss of remission for a period not exceeding 2 months; or
      - (e) a combination of any of the punishments specified in paragraphs (a) to (d).
    - - (a) a copy of the charge; and
      - (b) the record of all the evidence given in the case, including that of the detainee.
    - - (a) require the officer in charge to take further evidence and resubmit the matter; and
      - (b) refer the matter together with any record to the Board for such
        decision as the Board thinks fit.
    - - (a) his confinement in a separate cell for a period not exceeding
        30 days;
      - (b) a loss of remission for a period not exceeding 12 months;
      - (c) a reduction in his stage or postponement of promotion in his
        stage for a period not exceeding 6 months;
      - (d) forfeiture of his privileges for a period not exceeding 6 months;
      - (e) forfeiture of his earnings for a period not exceeding 6 months; or
      - (f) a combination of any of the punishments specified in paragraphs (a) to (e).
  - - - (a) be deprived of either or both of—
        
        (i) the privilege of playing games;
        
        (ii) the privilege of pocket money;
      - (b) suffer loss of grade for a period not exceeding one month;
      - (c) be confined in a separate room for a period not exceeding
        3 days; or
      - (d) suffer a combination of any of the punishments specified in
        paragraphs (a) to (c).
    - - (a) a copy of the charge;
      - (b) the record of all the evidence given in the case;
      - (c) the reasons why he has found the detainee guilty; and
      - (d) any representation the minor wishes to make to the Commissioner in regard to punishment.
    - - (a) any punishment authorised under subsection (1);
      - (b) confinement in a separate room for a period not exceeding
        14 days; or
      - (c) loss of grade for a period not exceeding 3 months; or
      - (d) a combination of any of the punishments specified in paragraphs (a) to (c).
  - - - (a) confinement in a separate room for a period not exceeding 7 days;
      - (b) reduction in stage or a deferment of promotion in stage for a
        period not exceeding one month;
      - (c) forfeiture of privileges for a period not exceeding 2 months;
      - (d) forfeiture of earnings for a period not exceeding 2 months; or
      - (e) a combination of any of the punishments specified in paragraphs
        (a) to (d).
    - - (a) a copy of the charge;
      - (b) the record of all the evidence given in the case;
      - (c) the reasons why he has found the young offender guilty; and
      - (d) any representation the young offender wishes to make to the
        Commissioner in regard to punishment.
    - - (a) punish a young offender found after due enquiry by him to be
        guilty of a Correctional Youth Centre default by—
        
        (i) any punishment authorised under subsection (1);
        
        (ii) confinement in a separate room for not more than 15 days;
        
        (iii) a reduction in stage or a deferment of promotion in stage
        for a period not exceeding 3 months; or
        
        (iv) a combination of any of the punishments specified in
        subparagraphs (i) to (iii);
      - (b) refer the record to the Board.
  - - - (a) be made in case of necessity;
      - (b) be made by the most senior officer present;
      - (c) be immediately notified to a medical officer; and
      - (d) not, without the permission of the Commissioner, consist of
        confinement for more than 48 hours.
  - - - (a) his name;
      - (b) the nature of his default; and
      - (c) the extent of the punishment.
    - - (a) be in such form as may be prescribed; and
      - (b) be open for inspection by the members of the Board.
  - - - (a) give religious instruction and training to detainees who so consent or whose responsible parties consent to such religious instruction and training being given;
      - (b) give moral advice to detainees; or
      - (c) perform such religious rites as may be necessary,
        within an institution.
- - - - (a) grant leave of absence to a detainee for such period and on such conditions as he thinks fit; and
      - (b) at any time revoke the leave of absence for breach of any of its conditions and direct the detainee to whom the leave was
        granted to return to the centre.
  - - - (a) The Commissioner may permit a detainee in a Correctional Youth Centre or a Rehabilitation Youth Centre who has served a minimum of 6 months, to live under the charge of a suitable and willing person.
      - (b) A detainee who is released under subsection (1) shall be deemed to be on aftercare and be guided and advised by a Probation Officer.
  - - - (a) where the person to whom it was granted has not complied with a condition of the aftercare order or any instruction given by a Probation Officer; or
      - (b) where revocation of the aftercare order appears to be in the best interest of the person to whom it was granted.
  - - - (a) reward by additional remission any prisoner who has worked
        extra hours or on a Sunday or other public holiday;
      - (b) restore remission lost under section 37, otherwise than in derogation of an order of the Board, to an extent not exceeding two thirds of the lost remission.
  - - - (a) release on parole a convicted detainee who has served not less than one half of his sentence or at least 16 months thereof,
        whichever expires the later;
      - (b) recall a detainee released on parole where—
        
        (i) the detainee has not complied with a condition of parole; or
        
        (ii) revocation of parole appears to the Parole Board to be in
        the interest of the detainee.
  - - - (a) an offence under any of the provisions of the Dangerous Drugs Act other than section 34; or
      - (b) a sexual offence on a child or a handicapped person.
  - - - (a) return to a detainee who is released all articles of clothing and
        property belonging to him which have not been destroyed under section 24;
      - (b) in the case of a detainee who has been detained for a period of not less than 3 years, give him clothing of a suitable kind.
    - - (a) a detainee is discharged and fails to claim his property within
        6 months of his discharge; or
      - (b) a detainee dies in the institution and his personal representative or a close relative does not claim his property within 6 months of his death,
- - - - (b) A Board may be assigned to 2 or more institutions.
      - (a) Subject to paragraph (b), there shall be established for every institution such Boards of Visitors as may be necessary.
    - - (a) A Board assigned to a prison shall be composed of not less than 3 Magistrates,a law officer and 4 other members, 3 of whom shall not hold public office.
      - (b) The Chairperson of the Board shall be a senior Magistrate and the Court Officer attached to the Magistrate shall act as Secretary.
    - - (a) A Board assigned to a Correctional Youth Centre or a Rehabilitation Youth Centre shall be composed of not less than 8 members.
      - (b) The Chairperson of the Board shall be designated by the Minister.
  - - - (a) meet at least once every month and on such other occasions as the Minister may direct;
      - (b) enquire into the condition of detention of the detainees;
      - (c) —
      - (d) inquire into and report to the Minister on—
        
        (i) any abuse within an institution;
        
        (ii) any repair which may be urgently required in an institution;
        or
        
        (iii) any matter which it may consider expedient; and
      - (e) do such acts as it may be required to do by the Minister.
    - - (a) any part of the institution;
      - (b) the detainees at work, in hospital or in separate or other rooms or wards;
      - (c) all the books, journals and records relating to detainees.
    - - (a) where a detainee wishes to see a member during the visit,
        inform a member of such wish;
      - (b) afford a member every assistance in his visit; and
      - (c) depute an officer to accompany him.
  - - - (a) record his visit and any suggestion or remark which he may have to make;
      - (b) enter any irregularity in the administration of the institution
        which hediscovers or any improvement or repair which he
        thinks necessary for the institution; and
      - (c) register the name and number of any detainee who has complained to him and the nature of his complaint.
    - - (a) a copy of the entries made in the minute book by a member; and
      - (b) any comment which he may have to make on the entry made by a member.
  - - - (a) There shall be established a Discharged Persons’ Aid Committee consisting of such members as may be appointed annually by the Minister.
      - (b) A Probation Officer not below the grade of a Senior Probation
        Officer shall act as Secretary.
    - - (a) interview every detainee, before his discharge, concerning his
        plans and prospects; and
      - (b) use its best endeavours—
        
        (i) to produce employment for persons who have been discharged;
        
        (ii) to persuade a person who has been discharged to live by
        honest means and provide him with a loan or a reasonable
        sum of money to that end if the Committee so decides;
        and
        
        (iii) to ensure that a person who has been discharged is completely rehabilitated and gets all the assistance he needs to
        return to civilian life and settle therein as a civilised person.
  - - - (b) The Minister may remove from office a member who—
        
        (i) has absented himself without sufficient cause from
        3 consecutive meetings of the Board or Committee;
        
        (ii) has become insolvent, has assigned his estate for the benefit of his creditors or has made any arrangements with his creditors;
        
        (iv) has been convicted of an offence of such a nature as, in the
        opinionof the Minister, renders it desirable that he should be
        removed from office;
        
        (iii) has been guilty of any misconduct or default in the discharge of his duties as a member which, in the opinion of the Minister,
        renders him unfit to be a member;
        
        (v) is suffering from such mental or physical infirmity as, in the
        opinionof the Minister, renders him unfit to discharge his duties
        as a member; or
        
        (vi) is otherwise found to be unsuitable by the Minister to continue
        to be a member.
      - (a) A member of a Board or Committee may resign on giving one month’s notice to the Minister.
  - - - (a) visit an institution; and
      - (b) note his observations in the visitor’s book.
  - - - “Optional Protocol” means the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted on 18 December 2002 and acceded to by the Government of Mauritius on 21 June 2005;
      - “Subcommittee on Prevention of Torture” means the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture, established under the
        Optional Protocol.
- - - - (a) without lawful authority, permit a prohibited article to be conveyed or supplied to a detainee, received or used by a detainee or brought into or taken out of an institution;
      - (b) in respect of a transaction concerning supplies, receive any
        discount,gift or other consideration from any person selling or
        providing such supplies to an institution;
      - (c) receive any fee, favour or gratuity from a detainee or a discharged person;
      - (d) for or on behalf of a detainee, receive any fee, favour or gratuity from,or have any business dealing with, a visitor to an institution or a friend of any such visitor, or any other person;
      - (e) give a certificate or testimonial to or in respect of a detainee as regards his conduct in an institution or otherwise;
      - (f) discuss his duties or a matter of discipline or of institutional
        arrangements within the hearing of a detainee;
      - (g) without the permission of the Commissioner, inform any person of any matter concerning an institution, a detainee or a discharged person;
      - (h) without the permission of the Commissioner, communicate to
        thepress any information derived from his office or from official
        source and connected with or related to the service;
      - (i) knowingly harbour a detainee who has escaped from custody in or about his house or land or other premises owned or occupied by him;
      - (j) directly or indirectly and by any means instigate, command,
        counsel,call for, cause, stir or bring about any mutiny, sedition
        or disobedience to any lawful command or duty;
      - (k) directly or indirectly and by any means, seduce another officer
        from his allegiance or duty; or
      - (l) give false evidence at any enquiry held under this Act.
    - - (a) convey or supply to a detainee in or outside an institution, or
        hide or place for the use of a detainee, a prohibited article;
      - (b) by any means, bring into an institution or a place where a
        detainee is working, a prohibited article;
      - (c) take out of or convey from an institution a prohibited article;
      - (d) communicate with a detainee or cause or induce any other
        person to do so;
      - (e) enter or remain in an institution or any place where a detainee is working or stationed for any purpose;
      - (f) take a photograph of a detainee or of any other person in an
        institution;
      - (g) take a photograph or film or make a sketch, plan or other representation of any object in or any internal layout of an institution;
      - (h) purchase, obtain, keep in his possession, destroy or otherwise
        disposeof an article which has been supplied to an officer for
        use on duty or any property of an institution;
      - (i) aid and abet an officer or other person in destroying or otherwise disposing of an article which has been supplied to an officer for use on duty or any property of an institution; or
      - (j) aid an officer or detainee in the commission of an offence under this Act.
    - - (a) No detainee shall escape from lawful custody.
      - (b) No person shall counsel, induce or instigate a detainee to escape from lawful custody.
  - - - (a) by breach of prison;
      - (b) by furnishing any instrument, arms or weapon calculated to
        assist in effecting escape; or
      - (c) by violence.