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58. If any criminal prisoner is guilty of repeated offences against prison discipline, Punishment or is guilty of any offence against prison discipline which the gaoler is not by this Act of prisoners by visiting empowered to punish, the gaoler shall report the same to the visiting justices, or one of justices. them; and any one of such justices, or any other justice having jurisdiction in the place to which the prison belongs, shall have power to inquire upon oath and to determine concerning any matter so reported to him, and to order the offender to be punished by confinement in a punishment cell for any term not exceeding one month, or, in the case of prisoners convicted of felony or sentenced to hard labour, by personal correction.
59. No prisoner shall be put in irons or under mechanical restraint by the gaoler of Use of irons. any prison, except in case of urgent necessity; and the particulars of every such case shall be forthwith entered in the gaoler's journal, and notice forthwith given thereof to one of the visiting justices; and no prisoner shall be kept in irons or under mechanical restraint for more than twenty-four hours without an order in writing from a visiting justice, specifying the cause thereof, and the time during which the prisoner is to be kept in irons or under mechanical restraint, which order shall be preserved by the gaoler as his warrant.
60. All corporal punishments within the prison shall be attended by the gaoler and Corporal the surgeon. The surgeon shall give such orders for preventing injury to health as he punishments. may deem necessary, and it shall be the duty of the gaoler to carry them into effect; and the gaoler shall enter in the punishment book the hour at which the punishment is inflicted, the number of lashes, and any orders which the surgeon may have given on the occasion.
Prisoners under Sentence of Death.
61. Every prisoner under warrant or order for execution shall immediately on his Prisoners arrival in the prison after sentence be searched by or by the orders of the gaoler, and under sentence all articles shall be taken from him which the gaoler deems dangerous or inexpedient to leave in his possession. He shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the constant charge of an officer. He shall be allowed such a dietary and amount of exercise as the gaoler, with the approval of the visiting justices, may direct. The chaplain shall have free access to every such prisoner, unless the prisoner be of a religious persuasion differing from that of the Established Church, and be visited by a minister of such persuasion, in which case the minister of such persuasion shall have free access to him. With the above exceptions, no person, not being a visiting justice or an officer of the prison, shall have access to the prisoner except in pursuance of an order from a visiting justice.
During the preparation for an execution, and the time of the execution, no person shall enter the prison who is not legally entitled to do so, unless in pursuance of an order in writing from two or more visiting justices.
62. No prisoner shall be employed as turnkey, assistant turnkey, wardsman, yardsman, overseer, monitor, or schoolmaster, or in the discipline of the prison, or in the service of any officer thereof, or in the service or instruction of any other prisoner. But this regulation shall not be taken to prevent the employment of any debtor in that part of the prison in which he may be lawfully confined in any manner in which he may be willing to be employed, and which is consistent with his safe custody.
to be constables.
63. Every prison officer, while acting as such, shall, by virtue of his appointment, Prison officers and without being sworn in before any justice, be deemed to be a constable, and to have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty as a prison officer as any constable duly appointed has within his constablewick, by common law, statute, or custom.
Regulation as to employment of prisoners in prison offices.
Officers not to sell or let to prisoners.
Officers not to contract with prisoners.
Females to be attended by female officers.
Officers not to
66. No officer of a prison shall at any time receive money, fee, or gratuity of any take gratuities. kind for the admission of any visitors to the prison or to prisoners, or from or on behalf
of any prisoner, on any pretext whatever.
67. Female prisoners shall in all cases be attended by female officers.
Residence of gaoler.
Gaoler to conform to law and regulations of prison.
To post up in cells abstract of certain regulations.
To report to surgeon prisoners disordered
To notify to chaplain and
surgeon prisoners requiring their
To give notice of death of prisoners.
64. No officer of a prison shall sell or let to, nor shall any person in trust for or employed by him sell or let to, or derive any benefit from the selling or letting of any article to any prisoner.
To report to visiting justices insane prisoners. To keep enumerated books and accounts.
65. No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison.
68. The gaoler shall reside in the prison. He shall not be an under sheriff or bailiff, be concerned in any other employment.
69. The gaoler shall strictly conform to the law relating to prisons and to the prison regulations, and shall be responsible for the due observance of them by others. He shall observe the conduct of the prison officers, and enforce on each of them the due execution of his duties, and shall not permit any subordinate officer to be employed in any private capacity, either for any other officer of the prison, or for any prisoner.
70. The gaoler shall, in case of misconduct, have power to suspend any subordinate officer, and shall report the particulars without delay to a visiting justice.
71. The gaoler shall, as far as practicable, visit the whole of the prison, and see every male prisoner, once at least in every twenty-four hours, and in default of such daily visits and inspections he shall state in his journal how far he has omitted them, and the cause thereof. He shall, at least once during the week, go through the prison at an uncertain hour of the night, which visit, with the hour and state of the prison at the time, he shall record in his journal. When visiting the females' prison he shall be attended by the matron or some other female officer.
72. The gaoler shall cause an abstract, to be approved by the Secretary of State, of the regulations relating to the treatment and conduct of prisoners, with a copy of the prison dietaries, (printed in legible characters,) to be posted in each cell, and shall read or cause the same to be read to every prisoner who cannot read within twenty-four hours after his admission.
73. The gaoler shall without delay call the attention of the surgeon to any prisoner whose state of mind or body appears to require attention, and shall carry into effect the written directions of the surgeon respecting alterations of the discipline or treat ment of any such prisoner.
74. The gaoler shall notify to the surgeon without delay the illness of any prisoner, and shall deliver to him daily a list of such prisoners as complain of illness, or are removed to the infirmary, or confined to their cells by illness; and he shall daily deliver to the chaplain and surgeon lists of such prisoners as are confined in punishment cells.
75. Upon the death of a prisoner the gaoler shall give immediate notice thereof to the coroner of the district to which the prison belongs, and to one of the visiting justices, as well as to the nearest relative of the deceased, where practicable.
76. The gaoler shall without delay report to the visiting justices any case of insanity or apparent insanity occurring among the prisoners.
77. The gaoler shall keep the following records and accounts :
First, the register required by the Prison Ministers Act, 1863, to be kept of the church or religious persuasion to which each prisoner belongs.
Second, a journal, in which he shall record all such matters as he is directed to record therein by this Act, and all other occurrences of importance within the prison.
Third, a nominal record of all prisoners committed to his charge, in such form as may be directed by the visiting justices.
Fourth, a punishment book, for the entry of the punishments inflicted for prison offences.
Fifth, a visitors book, for the entry of any observations made by visitors to the prison.
Sixth, a record of articles taken from prisoners.
Seventh, a record of the employment of prisoners sentenced to hard labour, and the manner in which they have been so employed.
Eighth, a list of books and documents committed to his care.
Ninth, an inventory of all the furniture and moveable property belonging to the prison.
Tenth, an account of all prison receipts and disbursements.
To be respon
78. The gaoler shall be responsible for the safe custody of the journals, registers, sible for safe books, commitments, and all other documents confided to his care. custody of documents. Not to be
79. The gaoler shall not be absent from the prison for a night without permission in writing from a visiting justice; and his leave of absence, with the name of the visiting absent without justice granting it, shall be entered in his journal; but if absent without leave for leave. a night from unavoidable necessity, he shall state the fact and the cause of it in his journal.
80. Where a deputy gaoler is appointed to a prison, he shall be legally competent to Power of perform any duty required by law to be performed by the gaoler, and when the gaoler deputy gaoler. is absent from the prison the deputy gaoler shall perform all his duties. Where there is no deputy gaoler, or in case of his services not being available, by reason of sickness or other unavoidable cause, the gaoler shall, when absent from the prison on leave, appoint, with the consent of the visiting justices, an officer of the prison to act as his substitute, and during such absence the substitute so appointed shall have all the powers and perform all the duties of the gaoler.
The deputy gaoler when in charge of the prison as gaoler shall, if absent from the Substitute of prison from any unavoidable cause, or unable from sickness to perform his duties, deputy gaoler. appoint a substitute, with the sanction of the visiting justices.
81. The matron shall reside in the prison. She shall have the care and superin- General tendence of the whole female department. The wards, cells, and yards where females duties. are confined shall be secured by locks different from those securing the wards, cells, and yards allotted to male prisoners, and the keys of those locks shall be kept in the custody of the matron.
82. The matron shall, so far as practicable, visit and inspect every part of the prison To inspect occupied by females, and see every female prisoner, once at least in every twenty-four daily female hours, and in default of such daily visits and inspections she shall state in her journal how far she has omitted them, and the cause thereof. She shall, at least once during the week, go through such part of the prison at an uncertain hour of the night, which visit, with the hour and state of such part of the prison at the time, shall be recorded in her journal.
83. The matron shall not be absent from the prison for a night without permission Not to be in writing from a visiting justice, on the recommendation of the gaoler; and her leave absent without of absence, with the name of the visiting justice granting it, shall be entered in her journal; but if absent without leave for a night from unavoidable necessity, she shall state the fact and the cause of it in her journal.
84. The matron shall, with the consent of the gaoler, and with the approval of the To appoint visiting justices, appoint a female officer of the prison to act as deputy matron when- deputy when ever she is absent on leave from the prison, and during such absence the deputy matron shall have all the powers and duties of the matron. Before leaving the prison the matron shall personally give over the charge of the part of the prison occupied by females to the deputy matron.
To keep journal.
When to visit prison.
Occasionally to inspect every part of prison, &c.
To report special cases.
To call in additional medical aid.
To make entries as to death of prisoner.
To appoint substitute when absent.
Officers to obey gaoler.
Not to be
absent without leave.
Not to receive visitors without leave.
To examine cells, locks, &c.
85. The matron shall keep a journal, in which she shall record all occurrences of importance within her department, and punishments of female prisoners, and lay the journal before the gaoler daily, and before the visiting justices at their ordinary meetings.
86. The surgeon shall visit the prison at least twice in every week, and oftener if necessary, and shall see every prisoner in the course of the week. He shall daily visit the prisoners, if any, confined in punishment cells, and he shall visit daily, and oftener if necessary, such of the prisoners as are sick, and, when necessary, shall direct any prisoner to be removed to the infirmary.
87. The surgeon shall enter, in the English language, day by day, in his journal to be kept in the prison, an account of the state of every sick prisoner, the name of his disease, a description of the medicines and diet, and any other treatment which he may order for such prisoner.
88. The surgeon shall once at least in every three months inspect every part of the prison, and enter in his journal the result of each inspection, recording therein any observations he may think fit to make on any want of cleanliness, drainage, warmth, or ventilation; any bad quality of the provisions, any insufficiency of clothing or bedding, any deficiency in the quantity or defect in the quality of the water, or any other cause which may affect the health of the prisoners.
89. Whenever the surgeon has reason to believe that the mind of a prisoner is or is likely to be injuriously affected by the discipline or treatment, he shall report the case in writing to the gaoler, together with such directions as he may think proper; and he shall call the attention of the chaplain to any prisoner who appears to require his special notice.
90. The surgeon may, in any case of danger or difficulty which appears to him to require it, call in additional medical assistance; and no serious operation shall be performed without a previous consultation being held with another medical practitioner, except under circumstances not admitting of delay, such circumstances to be recorded in his journal.
91. The surgeon shall forthwith on the death of any prisoner enter in his journal the following particulars; viz., at what time the deceased was taken ill, when the illness was first communicated to the surgeon, the nature of the disease, when the prisoner died, and an account of the appearances after death (in cases where a post mortem examination is made), together with any special remarks that appear to him to be required.
92. In case of sickness, necessary engagement, or leave of absence, to be given by the visiting justices, the surgeon shall appoint a substitute, approved of by the visiting justices. The name and residence of the substitute shall be entered in his journal.
93. All officers of the prison shall obey the directions of the gaoler, subject to the regulations of this Act; and all subordinate officers shall perform such duties as may be directed by the gaoler, with the sanction of the visiting justices; and the duties of each subordinate officer shall be inserted in a book to be kept by him.
94. Subordinate officers shall not be absent from the prison without leave from the gaoler, and before absenting themselves they shall leave their keys, instruction book, and report book in the gaoler's office.
95. Subordinate officers shall not be permitted to receive any visitors within the prison without permission of the gaoler.
96. All subordinate officers shall frequently examine the state of the cells, bedding, locks, bolts, &c., and shall seize all prohibited articles, and deliver them to the gaoler forthwith.
97. The officer acting as gate porter may examine all articles carried in or out of the Duties of gate prison, and may stop any person suspected of bringing in spirits or other prohibited porter. articles into the prison, or of carrying out any property belonging to the prison, giving immediate notice thereof to the gaoler.
98. Within one week after the termination of every assize or court of quarter Gaoler to sessions the gaoler shall transmit by post to one of Her Majesty's Principal Secretaries transmit list of prisoners of State a calendar containing the names, crimes, and sentences of every prisoner tried to Secretary at such assize or court of quarter sessions, in such form and containing such particulars of State. as may be required by the Secretary of State; and whenever such court adjourns for any longer time than one week, the day upon which the adjournment is made shall be deemed the termination of the session within the meaning of this regulation; and every adjourned session for the trial of prisoners shall for the purposes of this Act be deemed a separate session; and every gaoler who neglects or refuses to transmit such calendar, or wilfully transmits a calendar containing any false or imperfect statement, shall for every such offence forfeit a sum not exceeding twenty pounds, to be recovered summarily.
and make report.
99. The visiting justices shall once at least in each quarter of the year carefully Gaoler to examine the following books kept by the gaoler of every prison, that is to say, the attend sessions, register kept in pursuance of the Prison Ministers Act, 1863, the journal, the nominal record, the punishment book, the visitors book, the record of articles taken from prisoners, the record of the employment of prisoners, the list of books and documents committed to his care, the inventory, and the account of prison receipts and disbursements, and shall report to the justices in sessions assembled any special circumstances which call for notice in respect of such books. The gaoler shall also at such sessions answer, on oath if required, the inquiries of the justices with respect to the condition of the prison and of the prisoners, and with respect to any other matters relating thereto. He shall at the same time present a certificate, signed by himself, containing a declaration how far the requisitions of this Act with respect to the separation of prisoners and enforcement of hard labour have been complied with, and shall point out any deviation therefrom which has taken place since his last attendance at sessions.
100. The journals of the chaplain and surgeon shall once at least in each quarter Journals and of a year be laid before the justices in sessions assembled at such time as they may reports of chaplain and appoint, and shall be signed by the chairman of the sessions in proof of the same having surgeon. been there produced. The chaplain shall once in the year, and he may at any sessions, deliver to the justices in sessions assembled a statement of the condition of the prison to which he is attached, and his observations thereon; and the surgeon shall once at least in each quarter of a year report to the justices in sessions assembled the condition of the prison, and the state of health of the prisoners under his care.
101. There shall be kept in every prison a book, to be called the non-resident officers Record of book, in which the chaplain and any other officer of the prison not residing within the visits of prison, but attending on or required to attend on such prison, shall regularly enter the chaplain and date of every visit made to the prison by such officer; and every entry shall be signed officers. with the name and be in the handwriting of such officer; and such book shall once at least in each quarter of a year be laid before the justices in sessions assembled at such time as they may appoint, and shall be signed by the chairman of the sessions in proof of the same having been produced. The gaoler of every prison shall be responsible for the safe custody of such book, and shall at all times, when required so to do,