RC officers of all remand prisons and closed prisons, where remandees are detained, stated
that these reports are very important. The primary reason for this is that, since the Warrant
of Detention does not mention the charge for which the person has been remanded, prison
authorities are reliant on the remandee to provide this information. In many cases, a
remandee may not be aware of the offence for which they have been charged, or may not
provide truthful information to the prison authorities. Prison authorities stated that the
failure to have information on the background and history of the prisoner might lead to
persons who are members of rival gangs being housed together, which could lead to conflict
and violence and disruption of the maintenance of order in prison.27 Furthermore, the
history of a remandee impacts whether or not the prison is able to inform the relevant
Magistrate Courts and Magistrates visiting the prisons. of any required action regarding a
person’s bail. For instance, if a prisoner is not known to have a criminal history etc., the
prison could bring the case to the attention of the visiting Magistrate.
3. Notification of imprisonment to next of kin
SMR 6828 states that every prisoner should have the right to inform his family immediately
about his imprisonment, transfer to another prison or of any illness while in prison. The PO
states that inmates are allowed to communicate with their relatives but there is no mention
of being provided an opportunity to communicate on arrival at the prison.29
With regard to the prison administration notifying the next of kin, it was brought to the
Commission’s notice that this is not done systematically, particularly in the case of
remandees. It should be noted that it is the responsibility of the prison administration to
notify the families of prisoners about their imprisonment as soon as possible following the
admission of a prisoner. This is particularly important considering the psychological
condition of a person at the time of imprisonment and the need to connect with family. Since
none of the prisons, except WCP, offer telecommunication facilities for prisoners to speak to
their families, inmates would not be able to call and notify their family members of the
imprisonment themselves30.
The fact the Commission was requested by numerous prisoners to inform their families that
they were in prison, as they feared their families would assume they were missing, injured
or dead, illustrates the delays endured by prisoners before their families are made aware of
their imprisonment. Moreover, it was also observed that certain inmates, particularly
27
For a detail discussion on the segregation of prisoners, please refer chapter Accommodation.
28
SMR 2015, r 68, ‘Every prisoner shall have the right and shall be given the ability and means, to inform immediately
his/her family, or any other person designated as a contact person, about his/her imprisonment, about his/her
transfer to another institution and about any serious illness or injury.’
29
PO No.16 of 1877, s 71, ‘Every Prisoner shall be allowed….to receive visits from, and to communicate with, his
relations and friends and his legal adviser.’
30
For a detailed discussion of communication methods available in prison, please refer chapter Contact with the
Outside World.
40