Tanzania: Act No. 34 of 1967, Prisons Act, 1967
|Publisher||National Legislative Bodies / National Authorities|
|Publication Date||9 August 1967|
|Cite as||Tanzania: Act No. 34 of 1967, Prisons Act, 1967 , 9 August 1967, available at: http://www.refworld.org/docid/3ae6b5394.html [accessed 21 September 2014]|
|Comments||This is the official text. The Act, No. 34 of 1967, was passed in the National Assembly on 20 July 1967 and assented by the President on 9 August 1967.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
An Act to consolidate and amend the Law relating to Prisons, and to provide for the Organization, Discipline, Powers and Duties of Prison Officers, and for matters incidental thereto and connected therewith
ENACTED by the Parliament of the United Republic of Tanzania.
PART I PRELIMINARY
1.Short title and commencement
This Act may be cited as the Prisons Act, 1967 and shall come into operation on such date as the Minister may by notice published in the Gazette appoint.
In this Act, unless the context otherwise requires-
"adult prisoner" means any prisoner of the apparent age of twenty one years or more;
"appellant prisoner" means any convicted criminal prisoner who is detained in a prison as a result of a conviction which is the subject matter of an appeal which has been entered or lodged but the decision in regard to which has not been given;
"civil prisoner" means a debtor, a person ordered to be detained in custody under the provisions of the Mental Diseases Ordinance or a detainee under the Preventive Detention Act;
"Commissioner" means the Commissioner of Prisons;
"convicted criminal prisoner" means any criminal prisoner under sentence of a court or court-martial or the Military Court or a Special Tribunal and includes a person detained in prison under section 57 of the Criminal Procedure Code;
"criminal prisoner" means any person duly committed to custody under a writ, warrant or order of any court or authority exercising criminal jurisdiction or by order of a court-martial or the Military Court or a Special Tribunal;
"Deputy Commissioner" means the Deputy Commissioner of Prisons;
"deserter" means a prison officer who absents himself from duty without reasonable cause for a period of fourteen days or more;
"medical officer" means the medical officer appointed by the Chief Medical Officer or other officer authorized by him to be the medical officer of a prison, or, if no medical officer has been so appointed, means the medical officer of the district in which the prison is situated, or in his absence any other medical officer employed by the Government;
"Military Court" means the Court established by the Military Court Act, 1964;
"Minister" means the Minister for the time being responsible for prisons;
"non-pensionable officer" means a prison officer who does not hold a pensionable office under the Pensions Ordinance or any written law amending or replacing the same or whose service in a pensionable office does not qualify for a pension under any such law;
"officer-in-charge" means a prison officer appointed by the Commissioner to be in charge of a prison;
"the Ordinance" means the Prisons Ordinance repealed by section 105;
"prison" means a prison established or deemed to have been established under section 23;
"prison officer" means any member of the Tanganyika Prisons Service of whatever rank;
"prisoner" means any person, whether convicted or not, under detention in any prison;
"prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by this Act or by any regulations made thereunder;
"Service" means the Tanganyika Prisons Service established by the Ordinance;
"senior prison officer" means a prison officer of or above such rank as the Minister may specify under subsection (2) of section 3;
"Special Tribunal" means a Tribunal established under the Special Tribunals Act, 1964;
"subordinate prison officer" means a prison officer of or below such rank as the Minister may specify under subsection (2) of section 3;
"temporary prison officer" means a prison officer appointed under section 4;
"unconvicted prisoner" means any person on remand or awaiting trial or, in cases of juveniles, awaiting admission to an approved school, or any person detained for safe custody under the immigration Act or for want of sureties, who has not been convicted by any court;
"visiting justice" means a person appointed to be a visiting justice under section 100;
"young prisoner" means a person between the apparent ages of sixteen and twenty-one years.
PART II CONSTITUTION AND ADMINISTRATION OF THE SERVICE
3.Composition of Service
(1)The Tanganyika Prisons Service shall consist of the members of the Service appointed or deemed to have been appointed under this Act.
(2)The Service shall consist of such ranks of senior and subordinate prison officers as the Minister may, by notice in the Gazette, specify, and prison officers shall have seniority as so specified.
4.Temporary prison officers
(1)Whenever it is necessary for the safe custody of prisoners in any prison or hospital or being transported from one prison to another or for any other purpose the Commissioner or, subject to the approval of the Commissioner, an officer-in-charge of a prison may appoint so many fit and proper persons as may be deemed expedient to act as temporary prison officers, upon such conditions as may be prescribed.
(2)Every temporary prison officer shall, while so acting, be vested with the same powers, functions and responsibilities, perform the same duties and be subject to the same discipline and authority as a prison officer.
(3)Where in any prison the number of prison officers detailed for duty therein is insufficient to secure the good management and administration thereof, it shall be lawful for the officer-in-charge of such prison, with the consent of the Inspector-General of Police or his representative, to employ temporarily such number of police officers as he may consider necessary to perform the duties of prison officers in such prison.
(4)Every police officer appointed in pursuance of subsection (3) shall have all the powers, functions and responsibilities and perform in respect of the prison for which he is so appointed all the duties of a prison officer of the class to which the officer-in-charge shall appoint and, for the purposes of this Act, shall be deemed to be a prison officer.
5.General Power of the Commissioner
(1)The Commissioner shall, subject to the orders and directions of the President, have the administrative command, superintendence, control and direction of the prisons and prison officers of Tanganyika, and, subject to this Act and to such regulations as may be made thereunder, and to any other written law, may make such appointments, promotions, transfers and reductions in ranks and grades of subordinate officers as he may see fit.
(2)The Commissioner may, subject to the provisions of this Act and to the orders and directions of the Minister from time to time, frame orders and regulations for the observance of all prison officers and may also frame orders for the general government of such persons in relation to their enlistment, discharge, training, arms and accoutrements, clothing and equipment, place of residence, classification and particular services, as well as their distribution and inspection and may also frame such other orders and regulations relative to the said prison officers as he may deem expedient for preventing neglect or abuse, and for rendering such prison officers efficient in the discharge of their duties and for promoting discipline.
6. Commissioner to inspect prisons
The Commissioner shall periodically visit and inspect, or cause to be visited and inspected, all prisons within Tanganyika.
7.Powers of Deputy Commissioner and delegation of powers
(1)The Deputy Commissioner may, on the directions of the Commissioner, exercise any of the powers or perform any of the duties vested in or assigned to the Commissioner by or under this Act or any regulations made thereunder or by or under any other written law.
(2)The Commissioner may delegate any of the powers vested in him by this Act or any regulations made thereunder or, save where a contrary intention appears therein, by any other written law, to an Assistant Commissioner.
8.Officer-in-charge of prison and their duties and responsibilities
(1) Officer-in-charge of prison
The control of every prison shall be vested in such prison officer as may be appointed by the Commissioner to be in charge thereof.
(2)Duties of officer-in-charge
Every officer-in-charge shall supervise and control all matters in connection with the prison to which he is appointed, and shall be responsible to the Commissioner for the conduct and treatment of the prison officers and prisoners under his control and for the due observance by prison officers and prisoners of the requirements of this Act and of the regulations made and instructions and orders issued thereunder.
(3)Responsibilities of officer-in charge of stores, etc.
Every officer-in-charge shall be charged with the safe custody of arms, accoutrements, ammunition, clothing and all other public stores and foodstuffs issued and delivered for the use of the prison, the prison officers and the prisoners under his control and with an public money for which he may be held accountable, and also, subject to the provisions of this Act and of any rules made thereunder, with all valuables, money, articles of clothing and other property entrusted to his keeping as being the property of prisoners, and shall account for the same in case of their being lost or damaged otherwise than by unavoidable accident, theft, robbery or lawful use.
PART III POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS
9.General powers and duties of prison officers
(1)Every prison officer shall exercise such powers and perform such duties as are by law conferred or imposed on prison officers of his rank, and shall obey all lawful directions in respect of the execution of his office which he may from time to time receive from his senior officers.
(2)Every prison officer shall be deemed to be on duty at all times and may at any time be detailed for duty in any part of Tanganyika.
10.Cases where prison offices have the powers and privileges of police officers
While in charge of prisoners for the purpose of conveying any prison prisoner to or from a prison or for the purpose of apprehending any prisoner who may have escaped from a prison, or who may have escaped while being conveyed to or from a prison, or for the purpose of preventing the rescue of any prisoner or for the purpose of preventing an attack on a prison, every prison officer shall have all the powers and privileges of a police officer.
11.Arrest of deserters
Any prison officer may, on reasonable suspicion that any person is a deserter, arrest such person without a warrant and shall forthwith take him before a magistrate.
12.Power to examine persons or vehicles
(1)Any prison officer may examine anything within, or being brought into or out of, a prison and may stop and search any vehicle or person within a prison or going into or out of a prison, or, whether within or outside a prison, any person who, or any vehicle which, is without authority close to a prisoner if he has reason to suspect that such person or vehicle is carrying a prohibited article or any property belonging to the Government in use in a prison.
(2)A senior officer on duty in a prison may refuse admission to the prison to any person who is not willing to be searched.
(3)A senior officer on duty in a prison may order any person within a prison who refuses to be searched to leave the prison and, if such a person refuses to leave, may cause him to be removed from the prison, and for that purpose may use such force as may be necessary.
(4)If on stopping and searching any vehicle or person under subsection (1) a prison officer finds any prohibited article or any property belonging to the Government in use in a prison he may arrest the person or the person in the vehicle who appears to have charge of the article or property and shall, as soon as practicable, cause such person to be handed over to a police officer or, in the absence of a police officer, to be taken to the nearest police station.
(5)Any search of a woman under this section shall be made by another woman with due regard to decency.
13. Use of force by prison officer
(1)Any prison officer may use such force against a prisoner as is reasonably necessary in order to make him obey lawful orders which he refuses to obey or in order to maintain discipline in a prison.
(2)Any prison officer may use any weapons, including firearms, which may have been issued to him against a prisoner if such prisoner–
(a)is escaping or attempting to escape and refuses, when called upon, to return; or
(b)is engaged with other persons in breaking out or attempting to break out of any part of a prison and continues to break out or to attempt to break out when called upon to desist; or
(c)is engaged with others in riotous behaviour in a prison and refuses to desist when called upon to do so; or
(d)is endangering the life of, or is likely to inflict grave injury to, the prison officer or to any other prison officer or to any other person and the use of weapons, including firearms, is the only practicable way of controlling the prisoner:
Provided that weapons shall not be used as authorized in paragraphs (a), (b) and (c) of this subsection unless the officer has reasonable cause to believe that he cannot otherwise prevent the escape, breaking out or riotous behaviour, as the case may be, and has given a warning to such prisoner that he is about to use such weapons against him and such warning is unheeded:
And provided further that no prison officer shall, in the presence of his senior officer, use his weapons against a prisoner as authorized under paragraphs (a), (b) or (c) of this subsection except under the orders of such senior officer:
And provided further that the use of a weapon under this section shall be aimed, as far as possible, to disable and not to kill.
14.Power to take photographs, fingerprints, etc.
Any officer-in-charge may cause photographs, measurements, footprints and casts thereof, palm prints or fingerprints to be taken of any prisoner by any prison officer or other person authorized by the Commissioner in that behalf, and where any person refuses to permit his photographs, measurements, footprints or casts thereof, palm prints or fingerprints to be taken, the officer may use or cause to be used such force as may be necessary to secure the photographs, foot-prints or casts thereof, palm prints or fingerprints as the case may be:
Provided that the photographs, measurements, footprints and casts thereof, palm prints and fingerprints of a prisoner who is subsequently acquitted and discharged shall be destroyed upon the prisoner's release by the court.
15.Non-liability for act done under authority of a warrant
(1)Where the defence to any suit instituted against a prison officer is that the act complained of was done in obedience to a certificate or warrant purporting to be issued by a court or other competent authority, the court shall, upon production of the certificate or warrant and upon proof that the act complained of was done in obedience to such certificate or warrant, enter judgment in favour of such prison officer.
(2)No proof of the signature on a certificate or warrant shall be required unless the court has reason to doubt the genuineness thereof; and where it shall be proved that such signature is not genuine, judgment shall nevertheless be given in favour of the prison officer if it is proved that, at the time the act complained of was committed, he believed on reasonable grounds that the signature was genuine.
16.Leave of prison officers
Prison officers shall, subject to the exigencies of the service, be granted leave in accordance with the regulations made under this Act.
PART IV RETIREMENT BENEFITS WHICH MAY BE GRANTED TO NON-PENSIONABLE OFFICERS
17.Gratuities payable after twelve or more years service
Every non-pensionable prison officer of or below the rank of prison officer Grade I shall, on discharge after continuous good service extending over a period of not less than twelve years, be eligible to service receive a gratuity calculated at the rate of two-thirds of a month's pay of the rank in which he was serving at the time of discharge for every completed year of service up to a maximum of twenty-one years.
18.Proportional gratuities payable in certain circumstances
When any non-pensionable prison officer of or below the rank of prison officer Grade I–
(b)is discharged as medically unfit for further service (such unfitness not having been caused by his own misconduct or negligence);
(c)is discharged on account to reduction of establishment; or
(d)having been enrolled in the Service before the eighth day of December, 1961, is required to retire from the Service or ceases to serve therein in accordance with the provisions of section 10 of the Pensions Ordinance,
before completing twelve years' continuous good service, the Principal Secretary to the Treasury may, on the recommendation of the Commissioner, authorize the payment to his estate or to him, as the case may be, of a proportional part of the gratuity which he would have earned under section 17 if he had completed the said period of service.
19.Gratuities earned to be deemed part of the officer's estate
Any gratuity which would have been due and payable to any non-pensionable officer had he taken his discharge under the provisions of this Act shall, in the event of his re-engaging for a further term and dying in the service before the completion of such term, be deemed to have belonged to him for the purpose of payment to his estate.
PART V MEDICAL OFFICERS
(1)There shall be a medical officer responsible for every prison.
(2)The medical officer shall be responsible for the health of all prisoners in a prison and shall cause all prisoners to be medically examined at such times as may be prescribed.
(3)A medical officer may, whether or not a prisoner consents thereto, take or cause to be taken such action (including the forcible feeding, inoculation, vaccination and any other treatment of the prisoner, whether of the like nature or otherwise) as he may consider necessary to safeguard or restore the health of the prisoner or to prevent the spread of disease.
(4)All actions of a medical officer, prison officer, medical orderly, or other person acting under subsection (3) or in pursuance of directions given thereunder, shall be lawful.
21.Medical examination of prisoners
(1)The medical officer shall examine every prisoner on admission and prior to discharge, and shall record the state of health of the prisoner and such other particulars as may be prescribed, and until so examined every prisoner on admission shall, so far is possible, be kept apart from other prisoners.
(2)The medical officer shall examine daily every prisoner in solitary confinement or hospital, or reported to him as being sick.
(3)The medical officer shall enter in a register, kept for the purpose, his comments on the cases sent to him for treatment.
22.Book to be kept by medical officer
The medical officer shall, on the death of any prisoner, record in the following particulars, so far as they can be ascertained, namely:–
(a)the day on which the deceased first complained of illness, or was observed to be ill;
(b)the labour, if any, on which he was engaged on that day;
(c)the scale of his diet on that day;
(d)the day on which he was admitted to hospital;
(e)the day on which the medical officer was first informed of the illness;
(f)the nature of the disease;
(g)when the deceased was last seen before his death by the medical officer;
(h)when the prisoner died, and (in cases where a postmortem examination is made) an account of the appearance after death, together with any special remarks that appear to the medical officer to be relevant.
PART VI ESTABLISHMENT AND CONTROL OF PRISONS
23.Declaration and classification of prisons
(1)The Minister may, by notice in the Gazette, declare any building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act, and may, in a like manner, declare that any prison shall cease to be a prison for the purposes of this Act and may classify prisons so declared as aforesaid into grades and may prescribe the privileges applicable to each class of prisons.
(2)Every prison shall include the grounds and buildings within the prison enclosure and also any other grounds or buildings belonging or attached thereto and used by prisoners or the staff of the prison.
(3)In any writ, warrant or other legal instrument in which it may be necessary to describe a particular prison any description designating a prison by reference to the name of the place or town where it is situated, or other definite description, shall be valid and sufficient for all purposes.
(a)it appears to the Commissioner that the number of prisoners in any prison is greater than can conveniently be accommodated therein and that it is not convenient to transfer the excess number to some other prison; or
(b)owing to the outbreak of epidemic disease within a prison or for any other reason, it is desirable to provide for temporary shelter or safe custody of any prisoners,
such provision shall be made as the Commissioner, with the approval of the Minister, may direct for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely accommodated in the prison, and every such temporary prison shall be deemed to be a prison for the purposes of this Act.
PART VII ADMISSION AND CUSTODY OF PRISONERS
25.Admission of prisoners
(1)No prisoner shall be admitted into a prison unless accompanied by a remand warrant, certificate, warrant or other order of detention, or warrant of conviction or of committal.
(2)Subject to such conditions as may be prescribed, an infant child of a female prisoner may be received into prison with its mother.
(3)The officer-in-charge shall verify that the prisoner is the person named in the warrant, certificate or order, and that such warrant, certificate or order bears the signature and seal of the Court or competent authority and in all other respects complies with the requirements of law.
(4)The officer-in-charge shall keep every such warrant, certificate or order or certified true copies thereof throughout the period during which the person referred to therein is in his custody.
(5)Upon the admission to prison of any person the officer-in-charge shall cause to be recorded such particulars regarding such person as may be prescribed.
26.Prisoner in custody of officer-in-charge
A prisoner who is being removed or transferred from one prison to another, shall, while outside the prison, be kept in the custody of the prison officer directed to convey him and shall be deemed to be in the lawful custody of the officer-in-charge of the prison at which such prison officer is serving.
27.Detention of Prisoners in police lockups or cells
Any prisoner may be detained in a police lock-up or cell in an area where no prison has been established, for a period not exceeding seven days.
28.Female prisoners to be kept apart
Male and female prisoners shall be confined in separate prisons, or separate parts of the same prison in such manner as to prevent, as far prisoners toas practicable, their seeing or conversing or holding any communication with one another.
29.Classification of prisoners
Every prisoner sentenced to imprisonment and admitted to prison shall be classified by the officer-in-charge in the manner prescribed.
30.Commencement and computation sentence
(1)A sentence of imprisonment shall take effect from the day on which the was passed unless it is suspended under the provisions of any law or unless the offender is released on bail, in which case the sentence shall take effect from the day on which he surrenders himself or is taken into custody to undergo sentence.
(2)Whenever a capital sentence is commuted to a sentence of imprisonment the sentence shall be deemed to have commenced on the date the sentence of death was passed.
31.Execution of death sentence
(1)Sentence shall be carried out in or within the of death precincts of a prison appointed by the Commissioner for the carrying out of sentences of death.
(2)The officer-in-charge, the medical officer and such prison officers as may be necessary shall be present at an execution of a sentence of death.
(3)A minister of the religious denomination to which the prisoner belongs may be present at the execution.
(4)No other person except those authorized in subsections (2) and (3) of this section shall be present at an execution without the written authority of the Minister.
PART VIII OFFENCES BY PRISONERS
The Minister may prescribe what acts or omissions by prisoners shall be deemed to be prison offences and may prescribe which of such offences shall be minor prison offences and which shall be major prison offences.
33.Powers of prison officer-in-charge to punish prisoners
(1)An officer-in-charge, if he is a senior officer, may prison any prisoner found after due inquiry by him to be guilty of a minor offence by awarding him one or more of the following punishments:–
(a)confinement in a separate cell on such punishment diet as may be prescribed and for a term not exceeding such period as may be prescribed;
(b)forfeiture of remission not exceeding such term of remission earned as may be prescribed;
(c)forfeiture of some or all of the privileges for such period as may be prescribed.
(2)An officer-in-charge, if he is a subordinate prison officer, may punish any prisoner found after due inquiry by him to be guilty of a minor prison offence by awarding him one or more of the following punishments:–
(a)confinement in a separate cell on such punishment diet as may be prescribed for a term not exceeding such period as may be prescribed;
(b)forfeiture of remission not exceeding such term of remission earned as may be prescribed;
(c)forfeiture of some or all of the privileges for such period as may be prescribed.
(3)An officer-in-charge being a senior prison officer may punish any prisoner found after due inquiry by him to be guilty of a major prison offence by awarding him one or more of the following punishments:–
(a)corporal punishment with a cane, not exceeding such number of strokes as may be prescribed:
Provided that corporal punishment shall not be awarded except for an offence involving personal violence to a prison officer:
And provided further that no sentence of corporal punishment shall be carried out unless such sentence has been confirmed by the Commissioner;
(b)confinement in a separate cell on such punishment diet as may be prescribed for a term not exceeding such period as may be prescribed;
(c)forfeiture of remission not exceeding such term of remission earned as may be prescribed;
(d)forfeiture of some or all of the privileges for such period as may be prescribed.
34.Punishment of prisoners by Commissioner
(1)The Commissioner may punish any prisoner found after due inquiry by him to be guilty of a prison offence.
(2)An officer-in-charge on finding a prisoner guilty of a Major prison offence may, if he is of the opinion that in the circumstances of the case the powers of punishment he possesses are inadequate, transfer the case to the Commissioner for punishment.
(3)An officer-in-charge, if he transfers a case to the Commissioner under subsection (2), shall forward to the Commissioner–
(a)a copy of the charge;
(b)the record of all the evidence he has taken, including the evidence of the prisoner;
(c)the reasons why he has found the prisoner guilty; and
(d)any representations the prisoner may wish to make to the Commissioner in regard to punishment.
(4)The Commissioner on receipt of a record forwarded to him under subsection (3) may–
(a)punish the prisoner; or
(b)reverse the finding of the officer-in-charge and acquit the prisoner; or
(c)require the officer-in-charge to take further evidence and submit it to him prior to his making a decision.
(5)The Commissioner may award a prisoner one or more of the following punishments:–
(a)corporal punishment with a cane not exceeding such number of strokes as may be prescribed;
(b)confinement in a separate cell on such diet as may be prescribed and for such period as may be prescribed;;
(c)forfeiture of remission not exceeding such term of remission earned as may be prescribed.
(d)forfeiture of some or all of the privileges for such period as may be prescribed.
35.Right to apply for review
(1)Where a prisoner is found guilty of a major prison offence by an officer-in-charge under the provisions of section 33, the officer shall inform the prisoner that he may, if he so wishes, have his case reviewed by the Commissioner and where the prisoner expresses a desire to have his case so reviewed the officer-in-charge shall transmit to the Commissioner a record of the proceedings in the prescribed form.
(2)On receipt of the record transmitted to him under the provisions of subsection (1) the Commissioner may–
(a)reverse the finding of the officer-in-charge and acquit the prisoner;
(b)require the officer-in-charge to take further evidence and submit it to him prior to his making a decision;
(c)affirm the finding made by the officer-in-charge and–
(i)reduce the punishment;
(ii)increase the punishment; or
(iii)alter the nature of the punishment.
Provided that the Commissioner shall not on review award in respect of any prison offence a punishment greater than the punishment which the officer-in-charge who tried the prisoner could have lawfully awarded.
36. Magistrate may punish persistent offenders
Any prisoner who is a persistent offender against prison discipline any, instead of being dealt with under the foregoing provisions of this Part, be brought before a magistrate and charged with any of the prison offences he has committed and the magistrate may on convicting the offender sentence him to a term of imprisonment not exceeding six months to run consecutively with the sentence then being served:
Provided that no proceedings under this section shall be taken against any prisoner in respect of any matter for which he has been punished under the provisions of sections 33 or 34.
No prisoner shall be found to be guilty of a prison offence until he has had an opportunity of hearing the charge or charges against him and making his defence.
38. Medical examination before punishment
(1)No prisoner shall be subjected to punishment diet until certified as medically fit to undergo such punishment by a medical officer or other person appointed for such purpose by the medical officer.
(2)Punishment diet shall not be combined with labour.
(1)Where corporal punishment is prescribed for any offence the number of strokes shall not exceed ten in the case of persons of or under the apparent age of sixteen years, and eighteen in all other cases, and shall be inflicted with such type of cane and in such manner as may be prescribed.
(2)Every sentence of corporal punishment imposed upon a prisoner by an officer-in-charge shall be subject to confirmation by the Commissioner, who may increase or reduce the number of strokes ordered to be inflicted, or may substitute any other punishment or punishments as he is authorized by this Act to award.
(3)No sentence of corporal punishment shall be carried out unless the medical officer has certified that the prisoner is fit to undergo such punishment.
(4)A medical officer may give such directions for the prevention of injury to the health of the prisoner ordered to receive corporal punishment as he may deem necessary, and such directions shall be complied with before the punishment is inflicted; and if, during the course of the infliction of such punishment the medical officer shall direct it to be discontinued, it shall be discontinued accordingly.
(5)Corporal punishment shall not be inflicted upon any female prisoner, nor upon male prisoners under sentence of death or over the age of forty-five years, nor upon any civil prisoner nor upon any prisoner imprisoned as a vagrant.
40.Segregation of a prisoner
Whenever it, appears to the officer-in-charge that it is desirable for the good order and discipline of the prison for a prisoner to be segregated and not to work or associate with other prisoners, it shall be lawful for such officer to order the segregation of such prisoner for such period as may be considered necessary.
41.Register of punishments
The officer-in-charge shall cause to be entered in a register, which shall be open for inspection by the visiting justices, a record of all punishments imposed upon prisoners, showing in respect of each prisoner punished, his name, the nature of his offence, and the nature and extent of his punishment.
42.Prisoners subject to discipline and regulations
Every prisoner shall be subject to prison discipline and regulations during the whole time of his imprisonment whether he is or is not within the precinct of any prison.
43.Powers of officers holding disciplinary inquiries
(1)Every prison officer inquiring into a disciplinary offence alleged to have been committed by prisoners shall have power to summon and examine witnesses on oath or affirmation and to require the production of all documents relevant to such inquiry and to adjourn any hearing from time to time.
(2)Any person summoned as a witness under subsection (1) who fails to attend at the time and place mentioned in the summons or on adjournment, or refuses to answer any question lawfully put to him shall be guilty of an offence and shall be liable on conviction by a court of competent jurisdiction to a fine not exceeding one hundred shillings or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment:
Provided that no witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any penalty.
PART IX PRIVILEGES OF PRISONERS AND REMISSION OF SENTENCE
44.Religion of prisoners
The religious denomination or sect of every prisoner shall be recorded and he shall be treated as a member of such religious denomination or sect. Such facilities for worship shall be provided as may be prescribed.
45.Appointment of prison Ministers
The Minister may from time to time appoint by notice in the Gazette ministers or priests of any religion or sect to be prison ministers.
46.Visits and letters
The privileges of prisoners to receive and send letters and to receive visitors shall be such as may be prescribed.
47.Postage of letters written by Prisoners Approach to visiting justice
The Government shall bear the cost of postage of letters written by prisoners.
48.Approach to visiting justice
Every prisoner may bring to the notice of any visiting justice who is visiting the prison any matter which he considers should be brought to the visiting justice's attention.
49.Remission of part of sentence of convicted criminal prisoner
(1)Convicted criminal prisoners sentenced to imprisonment may by industry and good conduct earn a remission of one-third of their sentence or sentences:
Provided that in no case shall any remission be granted to a prisoner sentenced to imprisonment for life or to be detained at the President's pleasure.
(2)For the purpose of giving effect to subsection (1), a convicted criminal prisoner shall, on admission, be credited with the full amount of remission to which he would be entitled at the end of his sentence or sentences if he lost no remission of sentence.
(3)A prisoner may lose remission as a result of punishment for a prison offence, and shall not earn any remission in respect of any period–
(a)spent in hospital, if his stay in hospital is caused by his own negligence or if he is certified by the medical officer to be malingering; or
(b)while undergoing confinement as a punishment in a separate cell.
(4)The Commissioner shall have the power to restore forfeited remission in whole or part.
50.Additional special remission
Notwithstanding the provisions of section 49, on the recommendation of the Commissioner, the President may grant a further remission on the grounds of exceptional merit, permanent ill-health or any other ground.
51.Review of sentence
The Commissioner shall submit to the President a report on the general condition and conduct of the following prisoners at the times stated:–
(a)young prisoners serving indeterminate sentences-as soon as the prisoner has completed one year of the sentence and thereafter annually;
(b)adult prisoners serving fixed sentences of eight years or more – as soon as the prisoner has completed four years of his sentence and thereafter at quadrennial intervals;
(c)adult prisoners serving indeterminate sentences – as soon as the prisoner has completed one year of his sentence and thereafter at quadrennial intervals:
Provided that nothing in this section shall be deemed to prohibit the President from directing that the reports shall be submitted at more frequent intervals or the Commissioner from submitting reports as and when he may consider desirable:
And provided further that the provisions of this section shall not apply to criminal lunatics or prisoners receiving treatment in mental hospitals.
PART X REMOVAL OF PRISONERS
52.Removal of prisoners between prisons
(1)The Commissioner may order that any prisoner shall be removed from one prison to another, and whenever any prisoner is removed to any prison other than that named in the warrant or order under which he may have been imprisoned, such warrant or order, together with an order of removal, either endorsed on the warrant or order or separate therefrom, shall be deemed sufficient authority for the removal of such prisoner to the prison named in the order of removal and for his detention therein, and, in the case of convicted criminal prisoners, for the carrying out of the sentence or any part thereof which may remain unexecuted.
(2)Where on the removal of any prisoner from any prison the officer-in-charge is unable to provide a prison officer as escort for such prisoner, it shall be lawful for the officer-in-charge of the prison from which the prisoner is to be removed, to deliver the prisoner to any police officer who may be detailed for such duty, and thereupon such police officer shall have the same powers and be subject to the same responsibilities, discipline and penalties and to the same authority as a prison officer would have and be subject to in like circumstances.
53.Removal of sick prisoners to hospital
(1)In the case of serious illness of a prisoner confined in a prison where adequate facilities do not exist for the treatment of sick prisoners, the medical officer may order his removal to a Government hospital and in cases of emergency such removal may be ordered by the officer-in-charge without consultation with the medical officer.
(2)Any prisoner who is removed to a hospital under subsection (1) shall be deemed to be under detention in the prison from which he is so removed.
(3)Whenever the medical officer considers that the health of a prisoner removed to a hospital under subsection (1) no longer requires his detention therein he shall notify the officer-in-charge of the prison from which the prisoner was removed and the officer-in-charge of that prison shall thereupon cause such prisoner to be returned to the prison if he is still liable to be confined therein.
54.Medical officers and staff to take precautions to prevent escape
(1)Every reasonable precaution shall be taken by the medical officer-in-charge of a hospital and the persons employed therein to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such officer and persons to take such measures for the preventing of the escape of any such prisoner as may be necessary:
Provided that nothing shall be done under the authority of this subsection which, in the opinion of the medical officer-in-charge of such hospital, is likely to be prejudicial to the health of such prisoner.
(2)Subject to subsection (3) of section 49 the period during which the prisoner has been detained in a hospital under this section shall be deemed part of his term of imprisonment.
55.Measures for further security Of prisoners in hospital
Where the officer-in-charge considers it desirable to take special measures for the security of any prisoner undergoing treatment in a hospital, it shall be lawful for him to give such prisoner into the charge of such prison officers or temporary prison officers as the officer-in-charge may see fit. One of such prison officers or temporary prison officers shall always be with such prisoner day and night and such prison officers or temporary prison officers shall be vested with full powers and authority to do all things necessary to prevent such prisoner from escaping and shall be answerable for his safe custody until such time as he is handed over to the officer-in-charge on his discharge from hospital or until such time as his sentence expires, whichever may first occur.
56.Prison officer pot liable for escape of prisoners in hospital
If any prisoner shall escape during such time as he is in any hospital or mental hospital, no prison officer shall be held answerable therefor unless such prisoner shall have been in the personal custody of such officer, and no medical officer, other officer or employee of a hospital shall be held answerable therefor unless it is shown that he has helped such prisoner to escape or has will fully neglected to take reasonable precautions to prevent his escape.
57.Removal of prisoners of unsound mind
(1)Whenever a medical officer is of the opinion that any prisoner other than a remand prisoner is of unsound mind, he shall prepare and transmit to the Minister a written report and recommendation for the treatment of the prisoner in a mental hospital and the Minister on receipt of such a report and recommendation may, by order under his hand in the form prescribed, direct that such prisoner be removed to any mental hospital in Tanganyika and be there detained, and such order shall be sufficient authority for the reception of the prisoner and for his detention in such mental hospital until removed or discharged as hereinafter provided.
(2)Whenever a medical officer is of the opinion that any person remanded in prison is of unsound mind, he shall make and transmit to the court that remanded him a written report of that person's condition and the court shall thereupon proceed in accordance with the provisions of the Criminal Procedure Code.
(3)Where any prisoner removed to a mental hospital under subsection (1) is, in the opinion of the person in charge of such mental hospital, no longer of unsound mind, the person in charge as aforesaid shall notify the officer-in-charge of the prison from which the prisoner was removed and the prisoner shall then be delivered into the custody of the officer-in-charge of that prison if he is still liable to be confined therein and, if not so liable, shall be released.
(4)The period during which a prisoner other than a remand prisoner has been detained in a mental hospital under this section shall be reckoned as part of his term of imprisonment.
58.Removal of convicted prisoners with leprosy to the prison for persons with leprosy
Prisoners who are certified by the medical officer to be suffering from active leprosy shall, by order made by the Commissioner, be transferred to the nearest prison for persons with leprosy.
59.Removal of persons required as witnesses
(1)Whenever the presence of any person confined in a prison is required by any court or other competent authority, such court or competent authority may issue an order addressed to the officer-in-charge requiring production before the court or other competent authority of the person in custody at the time and place to be named in such order, and such officer-in-charge shall cause the person to be moved as directed and shall provide for the safe custody of the person during his absence from prison.
(2)A person removed from a prison in pursuance of an order made under subsection (1) shall, whilst outside the prison, be kept in such custody as the officer-in-charge may direct and whilst in that custody shall be deemed to be in lawful custody:
Provided that nothing in this section shall prohibit the officer-in-charge from handing over to police custody prisoners who are required to attend any court and prisoners taken into police custody for that purpose shall remain under police supervision until returned to the prison or discharged by the court.
60.Medical examination before removal
(1)All prisoners prior to being removed to any other prison shall be examined by the medical officer.
(2)No prisoner shall be so removed unless the medical officer certifies that he is free from any illness rendering him unfit for removal.
PART XI TRAINING AND TREATMENT OF PRISONERS
61.Training, treatment and employment of prisoners
Every prisoner sentenced to imprisonment and detained in prison shall, subject to the provisions of this Act and subject also to any special order of the court, be employed, trained and treated, whether he is in or is not within the precincts of any prison, in such a manner as the Commissioner may determine, and for that purpose such a prisoner shall, at all times, perform such labour, tasks and other duties as may be assigned to him by the officer-in-charge or any other prison officer in whose charge he may be.
62.Women prison officers at prisons for female prisoners
Every prison or any portion of a prison established or used for the admission, detention, training and treatment of female prisoners shall have a sufficient number of women prison officers, and the Commissioner shall determine whether a woman prison officer shall be in charge thereof.
63.Employment of women prisoners
Women prisoners shall only be employed on labour which is suitable for women.
64. Medical officer may excuse employment
The medical officer may order any prisoner to be excused labour or to perform light labour and any prisoner ordered to perform light labour shall be required to perform the labour for which he is considered fit by the medical officer.
65.Clothing, bedding and dietary scales
(1)Subject to the provisions of section 76 every prisoner shall be supplied with and shall wear such prison clothing as may be determined by the Commissioner.
(2)Every prisoner shall be provided with separate bedding adequate for warmth and health as may be determined by the medical officer and be prescribed by regulations.
(3)A child of a female prisoner admitted to prison shall be provided with all necessaries.
(4)The dietary scale for prisoners shall be pre-scribed.
66.Gratuities to prisoners
Prisoners may be paid gratuities by the Government in accordance with rates prescribed.
67.Confinement of convicted criminal prisoners
(1)Subject to any regulations made under this Act, convicted criminal prisoners may be confined either in association in wards or individually in cells or partly in one way and partly in the other.
(2)Cells and wards shall be illuminated at night and be under the constant supervision of a prison officer.
(1)There shall be provided in every prison, where practicable and necessary, sufficient isolation cells of a pattern approved by the Commissioner and such cells shall be used for the following purposes only:
(a)to confine a prisoner sentenced to confinement in a separate cell in accordance with the provisions of sections 33 or 34;
(b)to confine a prisoner in accordance with the provisions of section 70;
(c)to segregate any prisoner if desirable in the interests of the administration of justice and no ordinary single cell is available for the purpose.
(2)Isolation cells shall be furnished with the means of enabling a prisoner when confined therein to communicate at any time with a prison officer.
69.Separation of prisoners
Subject to the requirements of section 28 and section 75, the Commissioner may order the separation from each other of the groups of convicted criminal prisoners classified under the provisions of section 29.
70.Application of solitary confinement and mechanical restraint
Whenever the officer-in-charge considers it is urgently and absolutely necessary (with reference to the character of the prisoner or the state of the prison or other place in which such prisoner is or is deemed to be under detention) for the safe custody of any prisoner that he should be subject to restraint and in addition be confined in an isolation cell he may order such prisoner to be so confined and shall be restrained in such manner as may be prescribed:
Provided that no prisoner who is receiving medical treatment in any hospital shall be confined or restrained under the provisions of this section unless the medical officer certifies that such prisoner is fit to be so confined or restrained.
71.Prisoners under sentence of death
Prisoners under sentence of death shall be confined apart from other prisoners in a special cell or ward. The treatment of prisoners under sentence of death shall be such as may be prescribed.
72.Persons sentenced to short term may opt for extra mural penal labour in lieu of imprisonment
(1)If a person is sentenced by any court to imprisonment for a term or terms not exceeding in total six months, or is liable to be committed to prison for non-payment of a fine or costs, he may, before the committal or forthwith thereafter declare to the court, or if he is no longer in the custody of the court, to the officer-in-charge of the prison in which he is, or is to be, detained, that he desires to undertake public work outside the prison, unless he is excluded from so declaring by the judgment of the court which sentenced him.
(2)In all cases in which a person is entitled under subsection (1) to declare his desire to undertake public work outside the prison, the court shall inform such person of his right to make such declaration:
Provided that any failure of the court to inform such person of his right to make such declaration shall not in any way invalidate the proceedings or any order made by the court.
(3)Notwithstanding any declaration made under subsection (1) the court shall in every case issue the appropriate warrant of committal.
(4)If a declaration has been made under subsection (1) that a person desires to undertake public work outside the prison, the court or the officer-in-charge of the prison, as the case may be, shall notify the administrative officer in charge of the area of such declaration; and if such administrative officer, after taking into consideration the work which may be available and the character, record or reputation of such person. is satisfied that he can usefully be employed on work outside the prison, such person shall not be imprisoned or, if he is already imprisoned shall be released and shall be employed under the supervision of such public officer or other person as the administrative officer may appoint and without remuneration on such public work as may be prescribed and as may be specified by the administrative officer:
Provided that nothing herein shall make it obligatory for the administrative officer to permit any person to work outside a prison.
73.Medical certificate on death of persons
(1)On the death of any person detained in a prison the officer-in-charge shall cause immediate notice of such death to be given to the medical officer.
(2)The medical officer, on receipt of the notice, shall cause the dead prisoner to be medically examined in a manner he considers necessary and shall issue a certificate stating the cause of the death and shall cause such certificate to be delivered to the nearest coroner.
(3)The coroner shall report to the Commissioner the result of the inquest held.
(4)The Commissioner shall also cause an inquiry to be held as to any death in any prison from other than natural causes, and report thereon to the Minister.
PART XII DETENTION AND TREATMENT OF UNCONVICTED AND CIVIL PRISONERS
74.Detention of remand prisoners
The officer-in-charge shall detain any person remanded to prison according to the terms of the warrant of committal issued by a court or competent authority and shall cause such person to be delivered to such court or competent authority at the time named and according to the terms of such warrant.
75.Segregation of civil and unconvicted prisoners
Civil and unconvicted prisoners shall as far as conditions permit be kept apart from other classes of prisoners. They may be permitted to associate together in orderly manner under such conditions as the Commissioner may direct.
76.Maintenance of unconvicted prisoners from private sources
(1)An unconvicted prisoner may be permitted to maintain himself and to purchase or receive from private sources at proper hours, food, bedding, clothing or other necessaries, but subject to examination and to such other conditions as the Commissioner may direct.
(2)No food, bedding, clothing or other necessaries belonging to an unconvicted prisoner shall be given, hired, loaned or sold to any other prisoner; and any prisoner contravening the provisions of this section shall be liable to lose the privilege of purchasing or receiving food, clothing or other necessaries from private sources for such time as the officer-in-charge may think proper.
(3)If a civil or unconvicted prisoner is unable to receive clothing, bedding or food supplies, or if such food is in the opinion of the officer-in-charge unsatisfactory such prisoner shall receive the regular prison diet, clothing and bedding.
(4)No civil or unconvicted prisoner shall be given or be compelled to wear prison clothing unless-
(a)the prisoner's dress is insufficient or improper or is in an unsanitary condition; or
(b)the prisoner's dress is required as an exhibit; and
(c)he is unable to procure other suitable clothing from any other source.
(5)Any debtor may in addition to the supply of bedding be issued with a bedstead or be permitted to supply himself with a bedstead.
77.Employment of civil and unconvicted prisoners
(1)Civil and unconvicted prisoners shall be required to keep their cells, precincts of cells, furniture, clothing and utensils clean other employment may be given to them at their own request.
(2)Appellant prisoners shall be required to keep their cells, furniture, clothing and utensils clean and to perform such labour as the Commissioner, with the approval of the Minister, may direct.
PART XIII RELEASE AND DISCHARGE OF PRISONERS
78.Discharge of prisoners
(1)The officer-in-charge shall be responsible for the due discharge of all prisoners immediately upon their becoming entitled to discharge.
(2)No prisoner under treatment by the medical officer shall be discharged from prison, except at his own request, until, in the opinion of the medical officer, such discharge can be effected without danger to the health of such prisoner.
(3)All prisoners shall be discharged before noon on the date on which they are entitled to be discharged, but should that date fall on a Sunday, or public holiday, they shall be discharged before noon on the day preceding such date.
(4)The officer-in-charge of a prison in an area or district in which the public transport services are irregular may on the authority of the Commissioner discharge any prisoner who has to travel by public transport on the date on which the public transport leaves the area or district immediately before the day on which the prisoner is entitled to be discharged.
79.Release before expiration of sentence
(1)Where a person who is ordered to be expelled, deported or removed from the United Republic under the provisions of any law in force is serving a sentence of imprisonment, the Minister may direct that such person may be released from the prison in which he is serving such sentence for the purpose of being placed on board the vehicle, vessel or aircraft in which he is to be removed from the United Republic, in which case such sentence shall be deemed to have terminated at the time of such release:
Provided that such person shall be kept in custody whilst being conveyed to such vehicle, vessel or aircraft, and whilst so kept shall be deemed to be in lawful custody.
(2)In default of such direction by the Minister such person shall be expelled, deported or removed from the United Republic after the completion of the sentence of imprisonment imposed upon him
80.Discharge of prisoners in an area other than that in which they usually reside
Where a prisoner on completion of his sentence is discharged from any prison situated in an area other than that in which he usually resides he shall be provided at Government expense with–
(a)a travel warrant to his home;
(b)subsistence allowance for the period of the journey.
PART XIV OFFENCES IN RELATION PRISONS AND PRISONERS AND PENALTIES FOR CERTAIN SPECIFIC OFFENCES
81.Penalty for unauthorized wearing of uniforms, etc.
Any person who–
(a)wears any uniform or distinctive badge or button of the Service, or anything so closely resembling any such uniform, badge or button as to be likely to deceive; and
(b)is not an officer of the Service entitled by reason of his appointment, rank or designation to wear such uniform, badge or button; or
(c)has not been granted permission by the Commissioner to wear such uniform, badge or button,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred shillings.
82.Penalty for aiding escapes
Any person who–
(a)aids any prisoner in escaping or attempting to escape from any prison; or
(b)for the purpose of facilitating the escape of any prisoner supplies or agrees or attempts to supply, or aids, incites or encourages any other person in supplying a prisoner with any mask, dress, disguise or any other article, instrument, implement, matter or thing; or
(c)conveys or causes to be conveyed into or out of any prison or any place where prisoners may come to work, any letter or token encouraging or inciting any prisoner to escape or to contravene any regulation or showing a desire to aid any prisoner to escape or to contravene any regulation; or
(d)harbours or conceals or assists in harbouring or concealing an escaped prisoner,
shall be guilty of a felony and shall be liable on conviction to imprisonment for seven years.
83.Penalty for loitering in vicinity of a prison, etc.
Any person who–
(a)is found loitering on any prison property or within one hundred yards of any prison or any other place where prisoners may be for the purpose of imprisonment or labour and who fails to depart therefrom upon being warned so to do by any prison officer; or
(b)without lawful authority holds or attempts to hold any communication with any prisoner; or
(c)wilfully rides, drives or leads any animal or vehicle through any group of prisoners outside a prison; or
(d)in any manner wilfully interferes with any prisoner or group of prisoners; or
(e)without the authority in writing of the Commissioner
(i)sketches or photographs any prison, portion of a prison, prisoner or group of prisoners, whether within or outside any prison;
(ii)causes any sketch or photograph of any prison, portion of a prison, prisoner or group of prisoners to be published in any manner; or
(f)publishes any false information concerning the behaviour or experience in prison of any prisoner or ex-prisoner or concerning the administration of any prison, knowing the same to be false, or without taking reasonable steps to verify such information,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and the court convicting any person of an offence under sub-paragraph (i) of paragraph (e) may, if it thinks fit, declare the sketches or photographs and the negatives from which such photographs were taken to be forfeited to the Government.
84.Penalty for trafficking
(1)Any person who without lawful authority–
(a)conveys, supplies or causes to be supplied or conveyed to any Prisoner. whether within or without a prison, or hides or places for the use of any prisoner, any document letter or intoxicating liquor, tobacco, bhang, drug, opiate, money, clothing, provisions or any other article whatsoever; or
(b)brings or attempts to bring by any means whatever into any prison, or places or attempts to place where prisoners shall labour, any letter or document or intoxicating liquor, tobacco, bhang, drug, opiate, money, clothing, provisions or any other article whatsoever; or
(c)brings or attempts to bring out of any prison, or conveys from any prison any letter or document or other article; or
(d)communicates with any prisoner without lawful authority,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
(2)Any prison officer or any other person employed in the Service who, without lawful authority–
(a)allows any letter, document, intoxicating liquor, tobacco, bhang, drug, opiate, money, clothing, provisions or any other article to be supplied or conveyed to any prisoner or to be hidden or placed for his use; or
(b)allows any letter, document, intoxicating liquor, tobacco, bhang, drug, opiate, money. clothing, provisions or any other article intended to be sold or used therein to be brought or conveyed into a prison or to be placed where prisoners shall labour; or
(c)allows any letter, document or other article to be brought out of a prison; or
(d)enters into or attempts to enter into any business transaction with a prisoner;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
(1)Any person who without lawful authority brings or introduces in any manner a prohibited article into a prison, or who without lawful authority takes out or removes a prohibited article from a prison, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
(2)For the purpose of this section, a "prohibited article" shall be any article contained in the list which shall be and remain fixed in a conspicuous place outside every prison and shall be signed by the Commissioner or by the officer-in-charge on his behalf and shall list all the articles which the Commissioner has decided shall be prohibited articles. The list shall be written in English and Swahili.
(3)Whether or not any criminal or disciplinary proceedings are commenced against any person, any prison officer may seize any article found to be unlawfully in a prison and the officer-in-charge may order its confiscation and declare it to be forfeited to the Government.
86.Unlawful possession of prison articles
Any person who is found in possession of any article whatsoever which has been supplied to any prison officer for use on duty, and who fails to account satisfactorily for the possession thereof, or who without due authority purchases or receives any such article or property from any prison officer or who aids and abets any prison officer to sell or dispose of any such article or property, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
87.Incitement and abetting of desertion, mutiny and sedition
(1)Any person who by any means directly or indirectly procures or persuades, or attempts to procure or persuade any prison officer to desert, or who aids, abets or is accessory to the desertion of any prison officer or who, having reason to believe that any man is a deserter, harbours such deserter, or aids him in concealing himself, or assists in his rescue from lawful custody, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
(2)Any person who directly or indirectly instigates, commands, counsels, or solicits any mutiny, sedition or disobedience to any lawful command of a prison officer to any other prison officer or maliciously endeavours to seduce any prison officer from his allegiance or duty shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
(3)Any prison officer who–
(a)takes part in a mutiny involving the use of violence or the threat of violence; or
(b)incites any other prison officer or any member of the Tanzania People's Defence Forces or the National Service or the Police Force to take part in any such mutiny, whether actual or intended,
shall be guilty of an offence and shall be liable on conviction by a Special Tribunal to suffer death or to imprisonment for life or for any lesser period.
(4)Any prison officer who, in a case not falling within subsection (3), takes part in a mutiny or incites any such person as is referred to in paragraph (b) of subsection (3) to take part in a mutiny, whether actual or intended, shall be guilty of an offence and shall be liable on conviction by a Special Tribunal to imprisonment for life or any lesser period.
(5)In this section–
"mutiny" means a combination between two or more members of the Service acting independently or in league with members of the Tanzania People's Defence Forces or the National Service or the Police Force or between persons two at least of whom are members of the Service or such other Service or Force, to overthrow or resist lawful authority in any such Service or Force or disobey such authority in circumstances as to make the disobedience subversive of discipline
Any prison officer who–
(a)leaves the Service or withdraws himself from duty otherwise than in accordance with the provisions of any written law governing retirement from Service or withdrawal from duty; or
(b)is a deserter,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.
89.Penalty for receiving or demanding money or other consideration from a prisoner
No money or other consideration shall on any pretext whatever be offered, paid, given or proposed by or on behalf of any prisoner, either on or during his entrance into, committal to or continuance in or discharge from any prison, to any prison officer or other person employed in the Service and any prison officer or other person employed in the Service receiving or demanding any such money or other consideration, or undertaking any service in consideration of receiving or the promise of receiving any such money or other consideration, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
90.Penalty for selling or supplying articles to prisoners
(1)No prison officer and no person acting for or employed by him shall
(a)sell or supply, or receive directly or indirectly any benefit or advantage from the sale or supply of, any article to or for the use of any prisoner or for the use of the Prisons Department; or
(b)directly or indirectly have any interest in any contract or agreement for the sale or supply of any such article.
(2)No prison officer shall, directly or indirectly
(a)have any pecuniary interest in the purchase of any supplies for the use of the Prisons Department or receive any discount, gift or other consideration from any contractor for or seller of such supplies; or
(b)have any pecuniary dealing with any prisoner; or
(c)on behalf of any prisoner, hold any unauthorized communication with any person.
(3)Any prison officer who contravenes any provision of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
91.Penalty for issuing unauthorized testimonial
Any prison officer who, without the permission of the Commissioner, gives any certificate or testimonial to or in respect of any prisoner as regards his conduct in prison or otherwise shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
92.Penalty for giving unauthorized information
Any prison officer who, without the permission of the Commissioner, gives the press or any other person any information concerning a prison or a prisoner or any information deriving from an official source connected with or related to the Service shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred shillings.
(1)There may be annexed to the breach of any regulation made under this Act such penalty not exceeding two thousand shillings or such term of imprisonment not exceeding six months or both, as the Minister may think fit.
(2)Any person who commits any offence under this Act or contravenes or fails to comply with the provisions of any regulations made thereunder shall, if no penalty is specially provided, be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding two months or to both such fine and imprisonment.
94.Power to prosecute under other law not affected
For the avoidance of doubt it is hereby declared that nothing in this Act shall exempt any prisoner or prison officer or other person from being prosecuted and punished under any other written law for any offence made punishable by this Act:
Provided that no person shall be tried twice for the same offence.
95.Power to arrest
When any person, in the presence of any prison officer, commits any offence specified in this Part and refuses on demand by such prison officer to state his name and residence, or gives a name or residence which such prison officer knows or has reason to believe to be false, such prison officer may arrest him and shall without undue delay hand him over to a police officer and thereupon such police officer shall proceed as if the offence had been committed in his presence.
96.Publication of penalties
The officer-in-charge shall cause to be affixed in a conspicuous place outside the prison a notice in Swahili and English setting forth the acts prohibited under sections 81 to 86 and section 90 of this Act and the penalties incurred by their commission.
PART XV GENERAL PROVISIONS
97.Provisions of 'his Act as to treatment and conduct of prisoners to be made available to prisoners
(1)The provisions of this Act and of the regulations made there under in so far as they relate to the treatment and conduct of prisoners shall be made available to any prisoner at his request.
(2)The officer-in-charge shall advise every prisoner immediately on admission to prison of the provisions of subsection (1).
(3)If any prisoner requesting information on the said provisions is unable to read or unable to understand the language in which the said provisions have been made the contents of the said provisions shall be explained to him.
98.Evidence of age
Whenever under this Act the age of any person is in question his detention in any prison, whether he is under or over the age prescribed by this Act, shall not be deemed to have been unlawful if, when the detention order was made, he appeared within the limits of the age prescribed by this Act.
99.Limitation of actions
(1)Notwithstanding the provisions of any other written law no civil action against the United Republic or any person for anything done or omitted in pursuance of any provision of this Act shall be commenced after the expiration of six months immediately succeeding the act or omission complained of, or in the case of a prisoner, after the expiration of six months immediately succeeding the date of his release from prison, but in no case shall any such action be commenced after the expiration of one year from date of the act or omission complained of.
(2)Notice in writing of every such action, stating the cause thereof and the details of the claim, shall be given to the defendant one month at least before the commencement of the action.
100.Appointment and powers of visiting justices
(1)A Regional Commissioner may, with the approval of the Minister, from time to time, appoint by notice in the Gazette fit and proper persons to be visiting justices for his region.
(2)Ministers and Judges of the High Court shall be ex-officio visiting justices of all prisons in Tanganyika.
(3)Every Regional Commissioner shall be an ex-officio visiting justice of all prisons in his region.
(4)Members of the National Assembly shall be ex-officio visiting justices of all prisons in their respective constituencies.
(5)Area Commissioners, Magistrates and Justices of the Peace shall be ex-officio visiting justices of all prisons within their respective areas of jurisdiction.
(6)A visiting justice may at any time visit a prison in respect of which he is a visiting justice:
Provided that a woman visiting justice shall not visit that part of a prison set aside for the detention of male prisoners unless she is escorted at all times by a male prison officer.
(7)Visiting justices to any prison may appoint a chairman and may act as a Board of Visiting Justices and may, at the end of each year or at any other convenient time, render a report to the Commissioner on the state of the prison to which they are visiting justices.
(8)On the completion of each visit every visiting justice may enter in a book to be kept for such purpose such remarks, suggestions or recommendations as he may deem appropriate and the officer-in-charge shall advise the Commissioner of all observations so entered.
101.Disposal of deceased's estate
(1)The Commissioner shall cause to be kept a personal record of every prison officer and every prisoner, and shall cause to be recorded therein the name or names of the person or persons to whom in the event of such prison officer or prisoner dying without having made a valid will, any money or other personal property should be paid or delivered.
(2)In the event of any such prison officer dying while in the Service or such prisoner dying while in custody, a report of the death shall be made to the Area Commissioner of the district in which any person entitled to any part of such money or property resides, and such Area Commissioner shall cause to be paid or delivered such money or property to the person or persons nominated by such prison officer or prisoner under subsection (1):
Provided that in any case where the Commissioner considers that the money and other personal property could be handled more conveniently by the Administrator-General he shall deliver the money and property to the Administrator-General, who shall likewise cause such money or property to be paid or delivered to the person or persons nominated by such prison officer or prisoner under subsection (1).
(3)Any person having in his charge or control any pay, gratuity, allowance or other monies or personal property belonging to a prison officer or prisoner who dies while in the Service or in custody, as the case may be, shall pay or deliver the same to the Area Commissioner or to the Administrator-General, as the case may be, who shall dispose of the same in accordance with the provisions of subsection (2).
(4)In all cases where the monies or other personal property of the deceased or any part thereof shall have been paid or delivered to any person under the provisions of this section, any creditor of the deceased shall have the same rights and remedies against such person as if such person had received the same as the legal personal representative of the deceased.
102.Rewards for apprehension of escaped prisoners
(1)The Commissioner may offer monetary rewards to persons who give information leading to the apprehension of any prisoner who has escaped from custody.
(2)Any person who gives such information or who apprehends, secures and hands over or causes to be handed over to any prison officer or police officer any such prisoner, and has incurred any expense in connection with the giving of such information or such apprehension, shall be paid such expenses and may, in addition, be paid such sum as a reward as the Commissioner may determine.
(3)No payment of any sum as a reward shall be made under the authority of this section to any prison officer or police officer, unless, in the opinion of the Commissioner, such exceptional circumstances exist as to justify payment being made.
103.Prison officers Rewards and Fines Fund
(1)All fines imposed under the provisions of the Civil Service Act or any regulations made or deemed to have been made thereunder for any offence against discipline shall be paid to the Treasury to be placed to the credit of a fund to be called "The Prison Officers Rewards and Fines Fund".
(2)No payment shall be made from the Prison Officers Rewards and Fines Fund except upon the authority of the Commissioner.
(3)The Commissioner may sanction payments from the Prison Officers Rewards and Fines Fund for any of the following purposes:
(a)assistance to the wives or families of deceased subordinate prison officers and subordinate prison officers discharged from the Service as medically unfit for further service;
(b)contributions towards prizes to be given at athletic meetings, assaults-at-arms and similar events organized by or for the benefit of the Service,
(c)payments to subordinate prison officers as rewards for meritorious acts or service in the execution of duty;
(d)expenditure for the benefit and advancement of authorized recreation and sport and other branches of activity organized within the Service;
(e)expenditure for the benefit and development of the Service as a whole.
104.Powers of Minister to make regulations
(1)The Minister may make regulations for the better carrying into effect the provisions and purposes of this Act and, without prejudice to the generality of the foregoing, may make regulations providing for
(a)the duties, powers and responsibilities of prison officers including the duties, powers and responsibilities of particular classes of such officers;
(b)the duties, powers and responsibilities of temporary prison officers;
(c)the rates of remuneration or allowances which may be payable to ministers of religion appointed under the provisions of section 45;
(d)the duties of medical officers, the records and books to be kept by medical officers, the medical inspection of prisons and prisoners, the prevention of contagious diseases in prisons, and the preservation of the health of prisoners;
(e)the duties and powers of visiting justices, the appointment of prison visitors and the regulation of visits to prisoners;
(f)the measuring, photographing and taking of fingerprint impressions or other records of prisoners confined in any prison or otherwise detained in custody including detailed personal statistics and histories and for requiring full and truthful answers to all questions put to such persons with the object of obtaining such statistics and histories; and the persons, if any to whom such measurements, photographs, fingerprint impressions or other records are to be sent or supplied;
(g)the execution of condemned prisoners;
(h)the disposal of products of prison labour;
(i)the disposal by sale or otherwise of the effects of any prisoner who has died, escaped or failed to claim or receive such effects, or the private effects of any prison officer who has died or deserted the Service;
(j)the searching of prisoners and prison officers and other persons;
(k)the classification of prisons and prisoners into categories and their separation accordingly;
(l)the custody, correction, clothing, documentation, discharge, employment, hours of labour, use of force, instruction (academic, technical, spiritual), maintenance, mechanical restraint, management, organization, privileges, solitary confinement and treatment of prisoners;
(m)the management, organization, housing, maintenance, employment, treatment and discharge of persons released to extra-mural penal employment under the provisions of section 72;
(n)the days and hours during which work or labour by prisoners may be suspended;
(o)the acts or omissions of prisoners which shall be deemed to be prison offences and the penalties which may be awarded;
(p)the provision of a suitable diet and dietary scales including punishment diets for prisoners and prescribing conditions under which diet and scales may be varied; the prohibition of drugs, tobacco and alcoholic drinks;
(q)the payment to prisoners for work done whilst in prison;
(r)the removal to and detention in a mental hospital of prisoners suspected to be of unsound mind;
(s)the treatment of prisoners under sentence of death;
(t)the disposal of bodies of prisoners who have died;
(u)the establishment of prisoners aid societies and associations in connection with discharged prisoners and the appointment of officers responsible for the after-care of prisoners;
(v)the subsidising and encouragement of institutions, societies and individuals approved by the Minister as furthering the objects of this Act;
(w)the payment of ex-gratia payments to prisoners whose earning capacity is affected as the result of an accident or injury received in prison;
(x)the accommodation of prisoners, including cell and ward equipment and barbering;
(y)the award of gratuities to prisoners, the appointment, privileges and duties of convict leaders;
(z)the application and infliction of corporal punishment;
(aa)the manner in which regulations shall be applied;
(bb)the control of uniform, accoutrement, arms and other security measures;
(cc)the granting of leave of absence to prisoners and matters relating to welfare of prisoners;
(dd)anything which by this Act may or is to be prescribed generally for the effective administration of this Act, for the good management, discipline and government of prisons and the prisoners therein whether in, about or beyond the limits of such prisons.
(2)Notwithstanding anything to the contrary in this section contained, the Minister may make different regulations in respect of different classes or groups of prisons, prisoners or prison officers or in respect of particular prisons.
The Prisons Ordinance is hereby repealed.
(1)All prisons established under the Ordinance shall be deemed to be prisons established under this Act.
(2)All prison officers appointed under the Ordinance shall be deemed to have been appointed under this Act and shall be subject to the provisions of this Act, in so far as such provisions may apply to them.