S.L. 260.3 Art. 61Prison leave.

(1) Prison leave may be granted by the Director, in accordance with such general directions as may be from time to time given by the Minister, to a prisoner under such conditions as may be determined by the Director in accordance with such directions as follows:

(a) for a period not exceeding twelve hours on the occasion of the birth, marriage, or other special family occasion of a child or grandchild of the prisoner or on a special family occasion of the prisoner’s spouse, including those connected with a near relative;

(b) (i) on compassionate grounds for a period considered by the Director to be sufficient time to allow the prisoner to attend the religious service and burial in cases of the death of a near relative;

(ii) on compassionate grounds for a period considered by the Director to be sufficient time for the prisoner to visit a near relative who is seriously ill;

(c) without prejudice to other parts of these regulations, prison leave granted in terms of the paragraphs (a) and

(b) shall be granted subject to the provisions of regulation 2 and regulation 7(6);

(d) for periods not exceeding eight hours in any one day for a maximum of fifteen days in any one month for the purpose of enabling the prisoner to do community work;

(e) (i) for such periods as may be required for the prisoner to be treated and rehabilitated from drug addiction in a therapeutic facility or community, or to attend a reintegration programme, outside the prisons as approved by the Minister, or in relation to a prisoner undergoing a drug rehabilitation programme inside the prison, for purposes conducive to the prisoner’s treatment;

(ii) for such periods as may be required for young prisoners to spend a part or the whole of their term of imprisonment in a young offenders rehabilitation institution or in a similar facility as approved by the Minister;

(f) during the period commencing three months before the date on which a prisoner may be finally released in order to enable the prisoner to engage in employment, or to receive instruction or training or to otherwise assist him in the transition from prison life, provided that any prison leave granted under this paragraph shall not be granted on Saturdays, Sundays and Public Holidays;

(g) subject to any other directions that the Minister may deem necessary, for such periods as may be required for prisoners to undertake courses of study or training at educational institutions or facilities outside the prison as approved by the Minister for the purpose of improving a prisoner’s education and the furtherance of learning of prisoners in general.

(2) (a) Leave under this regulation may be granted by the Director, except in especially urgent cases in respect of which such leave may be granted by the Director.

(b) In the case of unconvicted prisoners any authorisation by the competent authority, if necessary, shall be requested prior to the granting of leave.

(3) The conditions which may be imposed on prison leave under this regulation shall always include, among any others that may be deemed appropriate, the conditions that the prisoner shall reside at the address specified in the leave permit and return thereto daily at such time as shall be ordered in such permit, and, where the length of the leave period permits, remain in daily contact with or under supervision of, a competent officer mentioned in the permit.

(4) A written record shall be kept of all cases in which leave under this regulation has been granted and such record shall include the degree of co-operation demonstrated by the prisoner during and in connection with each period of leave.

(5) A prisoner granted leave under this regulation may be recalled to prison at any time whether the conditions of his leave have been broken or not.

(6) Saving the cases of leave granted under sub-regulation (1)(a), (b), (c) or (e) and of any other temporary leave of absence of prisoners from prison granted by a competent court or other competent authority, this regulation applies only to sentenced prisoners who have been of regular good conduct in the prison, have made satisfactory progress in the course of their programme of treatment and are not considered dangerous to society.

(7) The Minister may also give general directives under which groups of prisoners may be allowed outside the prisons, under adequate supervision, in order to attend or take part in sports or cultural activities.