Offences against prison discipline by officers

An officer commits an offence against prison discipline if he is guilty of: (a) 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 discipline or likely to bring discredit on the Prison Service; or (ii) while on or off duty borrows money from an officer subordinate or junior in rank, or lends money to a superior officer; or (iii) smokes or drinks intoxicating liquor either within the prison walls (except under such restrictions as may from time to time be prescribed) or while on duty in a court or in charge of prisoners outside the prison; or (iv) while on duty uses obscene, abusive or insulting language to any other member of the Prison Service; or (v) while on duty quarrels with or assaults any other member of the Prison Service; or (vi) while on duty or liable to be called upon for duty, is unfit for duty through drinking intoxicating liquors; or (vii) is asleep while on duty; or 88 (viii) takes up duty improperly or slovenly dressed or dirty; or (ix) quits his post without authority; or (x) frequents any place of gambling. (b) Insubordinate conduct, that is to say, if he is insubordinate by word or act towards any officer of the Prison Service, whose orders it is for the time being his duty to obey. (c) Disobedience of orders, that is to say, if he without good and sufficient cause fails to carry out any lawful order, whether in writing or not. (d) Neglect of duty, that is to say, if he– (i) neglects, or without good and sufficient cause fails, promptly and diligently to do anything which it is his duty as a prison officer to do; or (ii) by carelessness or neglect in the course of his duty 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) leaves a cell, door, or gate unlocked; or (v) whilst on gate duty neglects to strike the hour, or strikes the hour incorrectly; or (vi) neglects to guard, supervise, or attend prisoners under his charge; or 89 (vii) neglects to search or carelessly searches a prisoner or visitor, when it is his duty to do so; or (viii) neglects to examine the cells and locks under his charge, and to examine and search the wards, cells, clothing and bedding under his charge when it is his duty to do so; or (ix) neglects to see that the cells, wards, yards or other parts of the prison under his charge are kept clean; or (x) neglects to report any misconduct, breach of the Prison Rules or omission of duty by himself, another officer or a prisoner; or (xi) neglects to report his absence from duty on of to the Superintendent or to the Chief Officer; or (xii) neglects to count the prisoners as directed by these Rules or by the Superintendent; or (xiii) while on duty neglects to peg the tell- tale clock as directed; or (xiv) neglects to maintain order and discipline among prisoners under his charge; or (xv) leaves tools, or other articles likely to facilitate escape lying about out of their appointed places; or 90 (xvi) loses or leaves lying about arms or (e) False statements, that is to say, if he knowingly makes any false, misleading or inaccurate statements 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 whether in connection with his duties as a prison officer or as an officer or member of any club or fund connected with the prison or the prison staff. (f) Failure to 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 whether in connection with his duties as a prison officer or with any club or fund connected with the prison or with the prison staff. (g) Breach of confidence, that is to say, if he without proper authority – (i) divulges any matter which it is his duty to keep secret; or (ii) communicates directly or indirectly to the press or to any unauthorised person any matter which may have become known to him in the course of his public duties; or (iii) publishes any matter or makes any pronouncement relating to prisons or prisoners; or 91 (iv) has any dealing with or is directly or indirectly concerned with any political party. (h) Improper relations with prisoners or ex- prisoners, that is to say, if he– (i) communicates with a prisoner for an improper purpose; or (ii) uses obscene, insulting or abusive language to a prisoner; or (iii) allows any undue familiarity between a prisoner and himself or any servant of the prison; or (iv) without proper authority communicates with any ex-prisoner or with a friend or relative of any prisoner or ex-prisoner; or (v) discusses his duties or any matters of discipline or prison arrangements within the hearing of a prisoner; or (vi) allows any person to communicate with a prisoner who is not authorised to do so. (i) 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 92 (ii) brings into the prison or carries out of the prison, or attempts to bring in or carry out, or allows to be brought in or carried out, to or for any prisoner any article whatsoever; or (iii) accepts any present or consideration from any prisoner or ex-prisoner or from a friend or relative of any prisoner or ex- (j) Corrupt practice, that is to say if knowingly, he– (i) solicits or receives any unauthorised fee, gratuity or other consideration in connection with his duties as a prison officer; or (ii) improperly uses his position as a prison officer for his private advantage. (k) Unlawful or unnecessary exercise of authority, that is to say, if he– (i) deliberately acts in a manner calculated to provoke a prisoner; or (ii) in dealing with a prisoner uses force unnecessarily or, where application of force to a prisoner is necessary uses undue force. (l) 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. 93 (m) Damage to clothing or other articles supplied, 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. (n) Unauthorised possession of property, that is to say, if he, while on or off duty, is knowingly and improperly in possession of public property or of property belonging to any other member of the Prison Service or of property belonging to any prisoner or to a friend or relative of any prisoner. (o) Attempting to enlist outside influence, that is to say, if he procures or attempts to procure the intervention on his behalf of a Member of the National Assembly or of the Cabinet or of a Visiting Justice or other person of influence for the purpose of securing his own advancement or the improvement of his personal position or of making charges against other officers. (p) Violation of any of the Prison Rules.