It was further observed that where there was a separate ‘YO Ward’, both remandee and
convicted YOs were housed together, contrary to the principle that convicted and
unconvicted prisoners should be housed separately, i.e. convicted and remandee YOs can be
found housed in the same YO ward if the upper age limit of the said YO ward is twenty-two
years. Moreover, when prisoners are sent to the PH, there is no separate ward or section for
YOs, who are housed with adult patients. In HWC, it was mentioned by officers that when a
YO is admitted to the PH, an officer is stationed to stand guard.
The Commission observed that in at least two instances young persons aged over twentytwo years were housed with persons under eighteen years. For instance, in ACP a convicted
prisoner aged twenty-four years was in the YO ward and stated that the SP had decided he
is more suited to be in the YO ward, instead of an adult ward, due to the specific
circumstances of his background.115 In another instance, in BRP, the rehabilitation officers
informed the Commission that a thirty two year-old remandee diagnosed by National
Institute of Mental Health (hereinafter referred to as NIMH) with acute schizophrenia is
housed at the YO ward with eighteen to twenty-two year olds, because the mentally ill
remandee is at risk of being bullied by other adult prisoners.116
No female wing has a separate ward for female inmates under the age of twenty- two.
2.5. Criminal prisoners and civil prisoners
SMR 121117 states that civil prisoners shall not be subjected to any greater restriction or
severity than is necessary to ensure safe custody and good order and that their treatment
shall be not less favourable than that of untried prisoners.
In national legislation, Section 178 (a) of the SRs states that civil prisoners shall be kept
separate from all other classes of prisoners and placed in exclusive occupation of a room or
cell better equipped than an ordinary cell or ward with the permission of the SP. 118
115 The interviewee was convicted by the Prison Tribunal while he was in remand at NMRP. Once he was sent
to ACP, the SP having inquired into this case and the background decided the prisoner must be kept in the YO
ward with inmates eighteen to twenty-two years old for his safety. This was due to the prisoner’s family’s
involvement in organized crimes whereby many family members had been killed as a result of gang rivalries.
116 This thirty-two-year-old was remanded for a murder charge and had been in prison for the past ten years,
as his case had been postponed indefinitely, given the medical diagnosis. He has no known family or guardian
and no legal representative.
117 SMR 2015, r 121, ‘In countries where the law permits imprisonment for debt, or by order of a court under
any other non-criminal process, persons so imprisoned shall not be subjected to any greater restriction or
severity than is necessary to ensure safe custody and good order. Their treatment shall be not less favourable
than that of untried prisoners, with the reservation, however, that they may possibly be required to work.’
118 SR 1956, s 196 (1) ‘On the payment of a fee fixed by the Superintendent, any unconvicted prisoner or civil
prisoner may be permitted by the Superintendent to be placed in exclusive occupation of a room or cell better
equipped than an ordinary cell or ward, if such a room or cell is available and the status and condition of such
prisoner warrant the provision of such accommodation.
(2) With the permission of the Superintendent, any unconvicted prisoner or civil prisoner who has been placed
in exclusive occupation of a room or cell under paragraph (1) may procure at his expense such furniture and
other equipment for that room or cell as may be approved by the Superintendent.’
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