THE OLD PRISON ACT

The Act is divided in twenty four parts as indexed below:

PART I:
Provides for the establishment of Prisons by giving power to the Minister to declare any building or place in Malawi to be a prison under the Act. The Minister is further empowered to declare that any place shall cease to be a prison. The Commissioner is also given power to establish temporary prisons.

PART II
Establishes Prison Service and post of Commissioner of Prisons and other ranks subordinate to him.

PART III
Lays down the powers and duties of Prison Officers. The administrative command, superintendence, control and direction of prisons and prison officers is vested in the Commissioner subject to the order or directions of the Minister. The powers and duties of Prison Officers is also provided for in this part. The activities that prison Officers are prohibited to do such as taking bribes are spelt out in this Part. Instances where prison officers my use a firearm, baton, tearsmoke or such other instrument as may be prescribed.

PART IV
Deals with the appointment and duties of medical officers by the Minister and duties thereof so appointed to have the general care of the health of prisoners.

PART V
Provides for Visiting Justice, Official visitors, Ministers of Religion and Prisoners' Aid Societies.

PART VI
Deals with the discipline of prison officers and lays down the offences against discipline by prison officers.

PART VII
Deals with desertion, mutiny or incitement by prison officers and penalties.

PART VIII
Deals with admission and confinement of prisoners, searching, and administration of personal effects of prisoner. It also deals with admission of children with female prisoners.

PART IX
Deals with segregation and classification of prisoners.

PART X
Deals with custody and removal of prisoners and such matters as production of prisoners in court, prisoners under police escort.

PART XI
Deals with prison labour

PART XII
Deals with the maintenance of prisoners, gives allowance for unconvicted prisoner to maintain himself as regards food, bedding, e.t.c.

PART XIII
Deals with prohibited articles and areas, and penalty for contravention.

PART XIV
Deals with prison discipline and lays down 43 acts or omission that regarded as prison offences if committed by a prisoner and punishment.

PART XV
Deals with escapes from lawful custody

PART XVI
Deals with Corporal Punishment and provide for the type of category to be subjected to such.

PART XVII
Deals with prisoners under the sentence of death.

PART XVIII
Deals with remission of sentence.

PART XIX
Deals with transition provision relation to a prisoner in relation to whom a license to be at large was in enforce at the date of commencement of the 1962 amendment to the Act.

PART XX
Deals with release on license of prisoners undergoing life imprisonment.

PART XXI
Deals with report by the Commissioner on long term prisoners at the end of every four years.

PART XXII
Deals with discharge of prisoners

PART XXIII
Deals with miscellaneous issues and regulations

PART XXIV
Deals with Regulations and Transitional issues

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