is the responsibility of the jailor to open a book called ‘Prisoners’ Location Book’, in which
every prisoner’s register number and where he is located will appear.
With these rules in mind, segregation between the following categories will be examined in
this chapter:
• First time offenders and reoffenders;
• Men and women;
• Adults and young offenders;
• Criminal prisoners and civil prisoners103;
• Convicted prisoners and unconvicted prisoners;
• Segregation of prisoners according to nature of the offence and their character;
• Prisoners who need special care and/or treatment (physically disabled/psychically
ill, prisoners with mental health issues or illnesses /elderly); and
• Drug offenders from non-drug offenders
Additionally, there are two other types of segregation practiced in Sri Lankan prisons which
will also be examined, namely, the segregation of those who are convicted or detained under
the PTA, and the segregation of foreign nationals.
It should be noted that the Taskforce on Judicial and Legal Causes for Prison Overcrowding
and Prison Reform’ in a report dated 9 November 2016 (hereinafter referred to as the Task
Force Report) recommended that a Sub-Committee be appointed by the Taskforce to identify
the needs of the prison system in Sri Lanka, paying special attention to ‘classification and
risk-needs assessment. The Sub-Committee would be expected to provide for appropriate
housing and treatment based on risk, needs and categories of prisoners, such as drug users
and traffickers, violent offenders, youthful offenders, women and persons with specific
medical and/or mental health needs, to name a few’. 104 However, to date, the Commission is
not aware of the Sub-Committee being established.
Interpretation Section (Section 104) of the Prisons Ordinance defines ‘civil prisoners’ and ‘criminal
prisoners’:
104. ‘Civil Prisoner’ means –
(a) a judgment-debtor committed to prison under the Civil Procedure Code; or
(b) a person committed to prison under section 252 of the Code of Criminal Procedure Act, No. 15 of 1979, in
default of payment of a fine imposed under that section of that Act; or
(c) a person ordered to be detained in prison under section 390 of the Code of Criminal Procedure Act, No. 15
of 1979; or
(d) a person committed to prison under section 422 (4) of the Code of Criminal Procedure Act, No 15 of 1979.;
or
(e) a person committed to prison for contempt of court, not being a person sentenced –
(i) to rigorous imprisonment for contempt of court;
(ii) to simple or rigorous imprisonment as for a contempt of court under section 449 (1) of the Code of
Criminal Procedure Act, No. 15 of 1979; or
(f) a person committed to prison by order of a civil court under any provision of written law which
does not authorize a sentence of rigorous imprisonment to be imposed.
‘Criminal Prisoner’ means any prisoner other than a civil prisoner.
104 ‘First Report of the Taskforce on Judicial and Legal Causes for Prison Overcrowding and Prison Reform’
issued on 09 November 2016.
103
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