Prison Regulations Text




1684

THE NEW ZEALAND GAZETTE..

[No. 124

municate to the Gaoler any abuse or impropriety in the
prison which may come to their knowledge.

Instruction.

  1. Provision shall be made in every prison for the instruc-
    tion of prisoners in reading, writing, and arithmetic, in
    other than the prescribed hours for labour; and every
    assistance by means of instruction-books, slates, &c., is to be
    given to prisoners anxious to learn.

Visits to and Communications with Prisoners.

  1. Due provision shall be made by the Gaoler for the ad-
    mission, at proper times and under proper restrictions, of
    persons with whom prisoners before trial may desire to com-
    municate, care being taken that, so far as is consistent with
    the interests of justice, such prisoners shall see their legal
    advisers alone.

The Gaoler shall demand the name and address of any
visitor to a prisoner, and when he has any ground for sus-
picion may search, or cause to be searched, any male visitor,
and direct a female officer to search female visitors; but
such searching is not to take place in the presence of any
prisoner or other visitor, nor, in the case of a female visitor,
in the presence of any male officer: and a note, with all
particulars, is to be entered in the Gaoler's journal. If the
person with whom a prisoner is corresponding is ascertained
not to be respectable the Gaoler will suppress the corre-
spondence, noting the same in his journal, and report to the
Inspector his reasons for so doing.

Prison Offences.

  1. The following, if committed by any prisoner, are minor
    prison offences, which may be dealt with under the provisions
    of the 5th section of "The Prisons Act, 1883:"-

  2. Disobedience of the regulations of the prison;

  3. Common assaults by one prisoner on another;

  4. Profane cursing and swearing;

  5. Indecent behaviour;

  6. Irreverent behaviour at Divine service;

  7. Insulting or threatening language to any officer or
    prisoner;

  8. Idleness or negligence at work;

  9. Wilful mismanagement of work;

  10. Obstructing any officer of the prison in the execution
    of his duty;

  11. Disobedience of the lawful orders of any officer of the
    prison;

  12. Giving provisions to or exchanging them with any
    other prisoner;

  13. Communicating with any other prisoner without
    leave, or making signs;

  14. Disrespect to any Visiting Justice, Inspector, or
    officer of the prison;

  15. Committing a nuisance;

  16. Marking, defacing, or damaging the prison property;

  17. Singing, whistling, or making unnecessary noise;

  18. Secreting or purloining anything;

  19. Any other misconduct subversive of the peace, order,
    or good government of the prison.

  20. The following are aggravated prison offences, and may
    be dealt with under the provisions of section 7 of "The
    Prisons Act, 1883:"-

  21. Mutiny or open incitement to mutiny in the prison;

  22. Personal violence to any officer of the prison;

  23. Escaping or attempting to escape;

  24. Aggravated or repeated assault on a fellow-prisoner;

  25. Repetition of any minor prison offence after having
    been twice punished for the same minor offence;

  26. Wilfully and maliciously breaking the prison windows
    or otherwise destroying the prison property;

  27. Making or attempting to make any wound or sore;

  28. Pretending illness;

  29. Preferring false or frivolous complaints against officers
    of the prison;

  30. When under punishment, wilfully making a distur-
    bance tending to interrupt the order and discipline
    of the prison;

  31. Any other act of gross misconduct or insubordina-
    tion.

Escaping or attempting to escape.

  1. Any prisoner escaping or attempting to escape will
    render himself liable to be shot by any officer of the prison,
    after being called upon to stand.

Prisoners in Solitary Confinement.

  1. Should any prisoner, whilst undergoing solitary con-
    finement or separate treatment, wish to see a Visiting
    Justice, an Official Visitor, a minister of religion, the In-
    spector, Medical Officer, or the Gaoler, he will inform the
    Warder on duty accordingly; but all further communication
    is strictly prohibited.

  2. Prisoners in solitary confinement are to be allowed
    such exercise on and after the fourth day of their punishment
    as the Medical Officer shall deem necessary for the preserva-
    tion of their health.

  3. Every prisoner in solitary confinement is to be deprived
    of his mattress.

Prisoners under Sentence of Death.

  1. Prisoners under sentence of death will, like others, be
    in charge of the Gaoler till the day appointed for the exccu-
    tion, when the Gaoler shall hand them over to the Sheriff on
    his demand; they shall be frequently and carefully searched,
    and all dangerous articles taken from them; they shall be
    confined in a cell apart from all other prisoners, and placed
    day and night in charge of officers; they shall be allowed
    such diet and exercise as the Medical Officer may recom-
    mend; and they shall only be visited by a minister of
    religion, the Visiting Justices, Official Visitors, Inspector,
    the Sheriff, immediate relatives, or an officer of the prison.

Interpretation.

  1. In these regulations the masculine gender shall, where
    applicable, include the feminine.

Prison Officers.

  1. Every prison officer, while acting as such, shall, by
    virtue of his appointment, 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.
  2. No officer of a prison shall sell or let any article to any
    prisoner, nor shall any person in trust for or employed by
    him sell or let, or derive any benefit from the selling or
    letting of, any article to any prisoner.
  3. 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.
  4. No officer of a prison shall at any time receive money,
    fee, or gratuity of any 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.
  5. All officers of the prison shall obey the directions of
    the Gaoler, subject to these regulations and the Prisons Acts
    1882 and 1883; and all subordinate officers shall perform such
    duties as may be directed by the Gaoler, with the sanction of
    the Inspector.
  6. All subordinate officers employed in the prison, when
    on duty, shall wear a plain uniform of the approved pattern,
    and shall pay strict attention to cleanliness of person and
    dress.
  7. No subordinate officers shall be absent from the prison
    without leave from the Gaoler; and before absenting them-
    selves they shall leave their keys, instruction-book, and
    report-book in the Gaoler's office. If sick they will at once
    send word to the Gaoler, and send for the prison Surgeon,
    and forward his certificate to the Gaoler as soon as visited.
  8. Subordinate officers shall not be permitted to receive
    any visitors within the prison without permission of the
    Gaoler.
  9. 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 forth-
    with.
  10. All officers shall be subject to such penalties and
    punishments, by stoppage of pay or suspension, as the In-
    spector may direct, subject to the approval of the Minister of
    Justice; and any Gaoler, Matron, or subordinate officers
    may be dismissed or dispensed with by His Excellency the
    Governor, as provided for by the Civil Service Act and Regu-
    lations. Any misconduct of officers is to be recorded by the
    Gaoler and brought under the notice of the Visiting Justices
    without delay; and in all investigations into an officer's con-
    duct by the Visiting Justices or Inspector the evidence is to
    be taken down in writing for the information of the Minister
    of Justice.

Gaoler.

  1. The Gaoler shall reside in or immediately adjoining
    the prison, and shall not be concerned in any other employ-
    ment than that of gaoler, except with the consent in writing
    of the Minister of Justice.
  2. The Gaoler shall strictly conform to the law relating
    to prisons, and to the prison regulations, and shall be re-
    sponsible for the due observance of them by his subordinates.
    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.
  3. The Gaoler shall, in case of misconduct, have power
    to suspend any subordinate officer, and shall report the


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1883, No 124





✨ LLM interpretation of page content

⚖️ Proclamation establishing comprehensive General Rules and Regulations for the management and discipline of public prisons (continued from previous page)

⚖️ Justice & Law Enforcement
27 November 1883
Prison instruction, Visitor access, Search procedures, Minor offences, Aggravated offences, Solitary confinement, Sentence of death, Prison officers, Gaoler duties