have access to prisoner records. However, at WCP it was noted that a large number of officers
and prisoners who worked in the office had access to records. In the event of a security
breach or unauthorized access, there would be no means to trace the persons responsible.
9. Medical examination upon admission to a prison
SMR 30 requires a medical examination to be conducted by a qualified physician or health
care professional of all prisoners upon admission to prison, in order to ascertain their
previous medical conditions and medical requirements. The elements a physician or other
qualified health-care professional should take note of when examining a prisoner upon
admission are specified in SMR 30.
SMR 26(1) requires that accurate, up-to-date and confidential individual medical files on all
prisoners must be prepared and maintained by the health care service. 73 All prisoners must
be given access to their medical files and every prisoner must be allowed to appoint a third
party to access their medical file. All such files must be transferred to the receiving institution
upon the transfer of the prisoner.74
Domestic legislation also follows this standard: Section 43 of the PO requires every criminal
prisoner75 to be examined by the MO as soon as convenient after admission while Section
159 requires the medical examination to be conducted within twenty-four hours of
admission. The MO must record the state of the prisoner’s health, and any observations,
which the MO thinks fit to record. This must be entered in a book that has to be kept with the
Jailor. Additionally, the MO must personally examine all prisoners on the day of their arrival
or the following morning, and where convicted prisoners are concerned, record in writing
whether the prisoner is fit to do hard or light labour.7677 Section 161 of the SRs requires the
MO to measure the weight of every convicted prisoner sentenced for three months or more
upon admission of the prisoner. Prisoners received from any infected localities must be
isolated until examined by the MO in case of the prevalence of any infectious or contagious
disease.78 Moreover, Section 106A (1) of the SRs grants the authority to the SP upon
recommendation of the MO to allow a prisoner who is found to be wearing dentures or
spectacles or any article of similar nature to use it in prison in the interest of his health and
wellbeing.79
73
SMR 2015, r 26 (1).
ibid r 26(2), ‘Medical files shall be transferred to the health-care service of the receiving institution upon transfer
of a prisoner and shall be subject to medical confidentiality.’
75
As clarified by the Commissioner of Prisons (Administration/Intelligence and Security), prisoners who committed
financial or maintenance offences were previously categorized as civil prisoners. This would be mentioned in the
Warrant of Detention itself and domestic legislation specifies the difference in the treatment and privileges of civil
prisoners. Hence, the Department of Prisons did not have the authority to categorize inmates as civil or criminal.
This practice has however been discontinued by the Courts and all offenders are now treated as criminal prisoners.
76
SRs 1956, s 57.
77
For a detailed discussion, please refer chapter Prison Work.
78
SRs 1956 s 158.
79
ibid s 106A (1).
74
62