S.L. 260.3 Art. 102Conduct of prison officers.

A prison officer commits an offence against discipline if he is guilty of:

(a) disobedience to orders, that is to say, if without good and sufficient cause he fails to carry out any lawful order or direction whether given to him in writing or otherwise;

(b) neglect of duty, that is to say, if he:

(i) neglects, or without good and sufficient cause fails, to do anything promptly and diligently which it is his duty as a prison officer to do; or

(ii) by carelessness or neglect contributes to the escape of a prisoner; or

(iii) by carelessness or neglect in the course of his duty contributes to the occurrence of any loss, damage or injury to any person or property; or

(iv) takes any key belonging to the prison outside the main gate of the prison except with the special permission of the Director or, before going out of the prison, leaves his keys in any place other than that designed for such purpose by the Director;

(c) improper conduct with or towards prisoners or ex-prisoners, that is to say, if he:

(i) communicates with a prisoner for an improper purpose or enters into unnecessary conversation with a prisoner or allows any undue familiarity to occur between him and any prisoner; or

(ii) assaults a prisoner or uses obscene, insulting or abusive language towards him; or

(iii) knowingly and without proper authority -

(1) communicates with any ex-prisoner or with a friend or relative of any prisoner or ex-prisoner in violation of an order given by the Director pursuant to regulation 98; or

(2) discusses his duties or any matter of discipline or prison arrangements with a prisoner or within his hearing; or

(3) takes into his employment an ex-prisoner; or

(4) writes, signs or gives any testimonial of character or other recommendation with the object of obtaining employment for any person or of supporting an application of any kind;

(d) insubordinate conduct, that is to say, if he -

(i) is insubordinate by word, act or demeanour towards any prison officer whose orders it is for the time being his duty to obey; or

(ii) gives any orders, or causes or incites anyone to act, in variance with any order or direction relating to the prison; or

(iii) induces, or attempts to induce, any prison officer, prisoner or other person to do any act calculated to lead to the commission of any breach of these regulations or of any order or direction relating to the prison;

(e) corrupt practice, that is to say, if knowingly he improperly uses his position as a prison officer for his private advantage;

(f) unlawful or unnecessary exercise of authority;

(g) absence without leave or being late for duty, that is to say, if without reasonable excuse, he is absent without leave from the prison or from any parade or place of duty or is late for any duty or parade;

(h) trafficking, that is to say, if he knowingly and without proper authority -

(i) carries out any pecuniary or business transaction with or on behalf of any prisoner or ex-prisoner or with a friend or relative of any prisoner or ex-prisoner; or

(ii) accepts any present or consideration from any prisoner or ex-prisoner or from a friend or relative of any prisoner or ex-prisoner;

(i) breach of confidence, that is to say, if he without the Director’s prior authority -

(i) divulges any matter which it is his duty to keep secret; or

(ii) communicates directly or indirectly to the press, broadcasting media or to any unauthorised person any matter which may have become known to him in the course of his duty as a prison officer; or

(iii) publishes any matter or makes any public pronouncement relating to the administration of the prison or to any of its inmates;

(j) false statements, that is to say, if he knowingly makes any false, misleading or inaccurate statement either orally or in any official document or book, or signs any such statement, or with intent to deceive destroys or mutilates any such document or book or alters or erases any entry therein in connection with his duties as a prison officer;

(k) failure in account, that is to say, if he fails to account for, or to make a prompt or true return of, any money or property for which he is responsible in connection with his duties as a prison officer;

(l) failure to report any breach of regulations, directions or orders, that is to say, if he fails to report forthwith to the Director any breach of these regulations or of any other regulations, directions or orders relating to the prison or applicable to the public service;

(m) unauthorised possession of property, that is to say if, while on or off duty, he is knowingly and improperly in possession of property belonging to any other prison officer or to any other person employed in the prison, or of property belonging to any prisoner or to a friend or relative of any prisoner;

(n) damage to clothing or other articles supplied or removal of prison property, that is to say, if he -

(i) wilfully or negligently damages or loses any article of clothing or personal equipment with which he has been provided or entrusted, or fails to take proper care thereof; or

(ii) neglects to report any damage to, or loss of, any article of clothing or personal equipment, however caused; or

(iii) without proper authority takes out of the prison any public property or removes any such property from one part of the prison to another;

(o) failure in making reports or keeping of records, that is to say, if he -

(i) fails to report expeditiously to the Director any matter, other than those mentioned in the last preceding paragraph, which it is his duty to report; or

(ii) fails to make any necessary entry in the appropriate official book, register or record which is kept under these regulations or under any order of the Director;

(p) attempting to enlist outside influence, that is to say, if he procures or attempts to procure the intervention on his behalf of any person for the purpose of securing his own advancement or the improvement of his personal position or of making charges against other prison officers;

(q) misconduct towards the public, that is to say, if he assaults or uses any obscene, abusive or insulting language towards any member of the public with whom he may be brought into contact in the execution of his duties;

(r) taking part in any activity likely to interfere with the impartial discharge of his duty or which may give rise to the impression among the public that it may so interfere;

(s) discreditable conduct, that is to say, if he -

(i) while on or off duty acts in a disorderly manner or in any manner prejudicial to the discipline of the prison service or likely to bring discredit on the prison service; or

(ii) while on or off duty borrows money from a prison of ricer subordinate or junior in rank, or lends money to a superior prison officer; or

(iii) smokes or drinks intoxicating liquor either within the prison walls (except under such conditions as may from time to time be permitted) or while on duty in charge of prisoners outside the prison; or

(iv) while on duty assaults any prison officer or other person employed, or on official duty, in the prison or uses obscene, abusive or insulting language to any such of fleer or person; or

(v) while on duty, or liable to be called up on duty, is unfit for duty through drinking intoxicating liquor or abusing drugs; or

(vi) falls into pecuniary embarrassment through his fault or neglect; or

(vii) uses any defamatory, insulting or disparaging words, acts or gestures in contempt of the Government of Malta or of any person employed or concerned in the administration of the Government of Malta; or

(viii) imputes misconduct to a person employed or concerned in the administration of the Government of Malta; or

(ix) utters or otherwise expresses disparagement of the Director or of any member of the Board, or of any one of the Special Visitors mentioned in article 8(5) of the Act or of the prison administration, or uses any word or expression tending or intended to bring into hatred, ridicule or contempt, the Director or any member of the Board or any Special Visitor or the prison administration; or

(x) utters words or in any manner whatsoever does anything which brings or has a tendency to bring dissatisfaction among members of the prison service or among the prisoners; or

(t) any other breach of regulations, directions or orders, that is to say, if he commits or attempts to commit any other breach or of these regulations or of any direction or order given thereunder.