undertake prison work and those who have been sent via special court orders 110, in
particular due to special security considerations,111 or as a result of SP discussions112. Except
in WCP (male section), open prisons and work camps, where there are no remandees, both
remandees and convicted prisoners were found in all the other prisons visited. Generally,
measures had been taken in these prisons to segregate the sleeping spaces of convicted and
remandees by allocating separate wards for the two categories. However, every prison
contained at least one special ward where both convicted and remandees are housed
together, for example, the PH, PTA ward, YO ward and special prisoners ward, whilst certain
prisons also contained normal wards where both remandees and convicted prisoners would
be found.
However, this limited measure taken by separating convicted and remandee sleeping
facilities is rendered ineffective because in most prisons, the common spaces are accessible
to both the convicted and remand prisoners, and hence they will inevitably come into contact
with each other. This is the case in all prisons visited except in ACP, where most of the
remandees are held inside their rather large ward sections. However, even at ACP the two
categories come into contact with each other in other places, such as the PH. Convicted
female prisoners and female remandees were separated in some prisons (ex. KRP, ACP, GRP,
ARP).
2.4. Adults and young offenders
SMR 11(d) states that young prisoners shall be kept separate from adults, while SMR 112 (2)
stipulates the segregation of young untried prisoners who, in principle, should be detained
in separate institutions.
In the national legislation, Section 178 (d) of the SRs states that prisoners under twenty-two
years of age shall be kept, so far as the arrangements of the prison permit, separate from all
other classes of prisoners, as does Section 420 of the DSO,113 which gives particular
importance to segregation in respect of YOs in each prison where they are housed. Section
401(4) of the DSO states that YOs who are given a sentence of more than one month are to
be transferred to and located in the YO section of WCP, which does not necessarily take place
in practice at present because YOs are sent to youth correctional centres and nearly all
110 A court may issue a special order regarding a prisoner/remandee for security purposes. For example, known
organized crime leaders are often issued court orders to be housed in a prison closest to the court in order to
avoid attempts on the life of the prisoner or escape attempts during escorts.
111 Remandees/prisoners who have had attempts on their lives in prison or during escorts to courts/other
prisons, are often housed at prisons where officers assigned for special security duty can be assigned. For
example, the Commission came across one such condemned prisoner in BRP who had been housed there with
a special General’s order for protection.
112 SP Discussions are roundtable discussions conducted at the DOP with all SPs, Commissioners and the CGP
and other relevant parties in order to discuss issues and plans. In these discussions, SPs can raise issues related
to inmates such as disciplinary issues or security issues and request other SPs to accept the prisoner and house
him/her in their prison. The Commission came across many convicted prisoners who had been housed in
remand prisons, due to such SP discussions.
113 DSO 1956, s 420.
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