DSO also provides that the gate keeper must enter the details of any authorized person who
is being admitted into the prison, in a separate book.18 This is affirmed by Section 356 of the
DSO.19 It is expressly stated that this rule is one to which no exception can be made.20
The first step in the process of admission is checking the Warrant of Detention for
Remandees and the Warrant of Commitment in the case of convicted prisoners. These
documents, which are mandatory for the person to be admitted to prison, must contain
information, such as the offender’s identification details, and must have the Magistrate’s
signature and seal. While the Warrant of Commitment outlines the offence for which the
person was sentenced, a Warrant of Detention does not mention the charge for which an
inmate has been remanded. It is the duty of the Receiving Jailor to check if the information
provided in these documents is correct. Section 156 (1) of the SRs21 provides that any
irregularity in the said documents must be brought to the attention of the SP. If the
information is correct, the person is admitted to prison and sent to the RC Branch for
registration.
By law, the prison should not accept a prisoner with a committal paper that contains
irregularities or inconsistencies. In practice however, the Commission was informed that if
a person without a valid committal paper is sent to prison, the prison would directly submit
the committal papers to the respective court for correction, or send the documents back to
the relevant SP of the prison from which the inmate was sent to be submitted to court for
correction. In the event of such an error or inconsistency in the admission documents, the
prisoner will be accepted into prison and kept in prison for the night until the inconsistency
is rectified the following day. The registrar of the relevant court may in writing require that
the prisoner be detained until the rectified or amended detention order or the committal
paper is sent to the prison. In such an instance, the person will spend a night in fiscal custody
without proper committal papers.
The Commission observed “gate rooms” at the entrance of every prison visited, where
inmates who go to and return from courts are housed for a short period, until the Receiving
Jailor completes the admission procedure.22 It was observed that the size of the gate room at
each prison varies, with many lacking ventilation and light. For instance, it was observed that
be certified by the Superintendent of any prison, be sufficient prima facie evidence for all purposes of the lawful
custody of such prisoner. Provided, however, that it shall be lawful for a competent court to require the production
of the original committal, where the court shall deem the same necessary.’
18
Department of Prison and Probationary Services, Departmental Standing Orders 1956, s 89.
19
DSO 1956, s 356, ‘No prisoner will be admitted into prison until a warrant empowering the Jailor to keep him in
custody has been received.’
20
ibid s 28, ‘it is the duty of the jailors to scrutinize all warrants and to satisfy themselves that they are on the face
of them in accordance with the law.’
21
SRs 1956, s 156 (1), ‘any omission or irregularity in the documents shall be brought to the attention of the
Superintendent for orders.’
22
A Receiving Jailor is the jailor at the point of entrance to the prison who is required to scrutinize all warrants and
ensure that they are in accordance with the law. SRs 1956, s 156(1) states that the Jailor or Deputy Jailor has to see
that the necessary authority for detention of a prisoner is delivered with them. DSO 1956, s 29 provides that the
Jailor appointed as ‘Receiving Officer’ is exempted from night visits.
37