QR&Os: Volume VI - Appendix 1.4 Regulations for Service Prisons and Detention Barracks

Links provided in Vol IV of the QR&O are provided solely for the convenience of readers. We do not represent any of the documents as being official versions nor do we guarantee their accuracy. The official versions of most legislation are published in the Canada Gazette.

Amendments List:

  • 29 September 2011 – replaced: article 1.01 (French only)
  • 29 September 2011 – amended: article 1.03
  • 29 September 2011 – replaced: article 2.01
  • 29 September 2011 – added: subparagraph 3.04(d.1)
  • 29 September 2011 – repealed: paragraphs 4.15(2) and (3)
  • 29 September 2011 – replaced: paragraph 4.20(2)
  • 29 September 2011 – repealed: subparagraphs 6.11(b) and (c)
  • 29 September 2011 – repealed: article 6.13
  • 29 September 2011 – repealed: article 6.14
  • 29 September 2011 – amended: article 1.01 (French version only)
  • 29 September 2011 – amended: article 1.02 (French version only)
  • 29 September 2011 – amended: article 2.03 (French version only)
  • 29 September 2011 – amended: article 3.01 (French version only)
  • 29 September 2011 – amended: article 3.03 (French version only)
  • 29 September 2011 – amended: subparagraphs 3.04(a) and (h) (French version only)
  • 29 September 2011 – amended: article 3.09 (French version only)
  • 29 September 2011 – amended: subparagraphs 3.10(b) and (c) (French version only)
  • 29 September 2011 – amended: paragraph 3.15(1) (French version only)
  • 29 September 2011 – amended: article 3.16 (French version only)
  • 29 September 2011 – amended: subparagraph 3.17(1)(a) (French version only)
  • 29 September 2011 – amended: article 3.18 (French version only)
  • 29 September 2011 – amended: article 3.19 (French version only)
  • 29 September 2011 – amended: article 3.20 (French version only)
  • 29 September 2011 – amended: article 4.01 (French version only)
  • 29 September 2011 – amended: paragraph 4.05(3) (French version only)
  • 29 September 2011 – amended: article 4.06 (French version only)
  • 29 September 2011 – amended: article 4.07 (French version only)
  • 29 September 2011 – amended: article 4.08 (French version only)
  • 29 September 2011 – amended: article 4.15 (French version only)
  • 29 September 2011 – amended: article 4.16 (French version only)
  • 29 September 2011 – amended: article 4.25 (French version only)
  • 29 September 2011 – amended: article 4.26 (French version only)
  • 29 September 2011 – amended: article 4.27 (French version only)
  • 29 September 2011 – amended: paragraphs 5.01(3) and (4) (French version only)
  • 29 September 2011 – amended: paragraph 5.05(1) (French version only)
  • 29 September 2011 – amended: subparagraph 5.07(3)(c) (French version only)
  • 29 September 2011 – amended: subparagraph 6.01(i) (French version only)
  • 29 September 2011 – amended: paragraph 6.10(3) (French version only)
  • 29 September 2011 – amended: article 6.22 (French version only)

History:

 

TABLE OF CONTENTS

Chapter 1 - Introduction

Chapter 2 - Organization and Committal

Chapter 3 - Duties and Responsibilities

Section 1 – General

Section 2 – Commandant

Section 3 – Staff

Section 4 – Visiting Officer

Section 5 – Medical Officer

Section 6 – Chaplains

Section 7 – Senior Visiting Officer

Chapter 4 - Administration

Section 1 – General

Section 2 – Accommodation

Section 3 – Visitors

Section 4 – Mail

Section 5 – Discharge

Section 6 – Records

Chapter 5 - Routine and Training

Section 1 – General

Section 2 – Progressive Stages

Section 3 – Personal Appearance

Chapter 6 - Misbehaviour and Restraints

Section I – Misbehaviour

Section 2 – Corrective Measures

Section 3 – Restraints

Appendixes A TO R

CHAPTER 1 - INTRODUCTION

1.01 – TITLE

This publication shall be called Regulations for Service Prisons and Detention Barracks.

1.02 – DEFINITIONS

(1) In these regulations and in orders or instructions implementing or amplifying them, unless the context otherwise requires:

  1. "commandant" means the commanding officer of a service prison or detention barrack;
  2. "guard" means a person who has been assigned duties relating to the enforcement of these regulations;
  3. "inmate" means any person undergoing punishment in a service prison or detention barrack;
  4. "QR&O" means the Queen's Regulations and Orders for the Canadian Forces; and
  5. "superior authority" means
    1. an officer commanding a command,
    2. an officer commanding a formation, or
    3. any other officer designated by the Minister under QR&O to exercise the powers of an officer commanding a command or an officer commanding a formation, under whose command a service prison or detention barrack is placed.

(2) Other words and phrases have the same meaning as in QR&O.

1.03 – APPLICATION

(1) Subject to (2) of this article, these regulations shall apply to the places designated as service prisons and detention barracks.  (See QR&O, article 114.11.)

(2) These regulations shall apply as far as practical to an inmate:

  1. in a detention room, or
  2. admitted to a hospital or other place for the reception of sick persons.

(G) [P.C. 1967-1703 effective 6 September 1967; P.C. 2011-1112 effective 29 September 2011 – (1)]

[1.04 TO 1.99 INCLUSIVE: NOT ALLOCATED]

CHAPTER 2 - ORGANIZATION AND COMMITTAL

2.01 – UNIT DETENTION ROOMS

Paragraph 114.11(3) of the QR&O and the notes to article 114.11 of the QR&O provide:

"(3)  A committing authority may commit a service detainee to a unit detention room for a period not

 in excess of 14 days, and for that purpose, the unit detention room shall be a detention barrack.

NOTES

(A)  Where a unit detention room becomes a detention barrack in accordance with paragraph (3) of this article, the Regulations for Service Prisons and Detention Barracks apply (see QR&O Volume IV, Appendix 1.4).

(B)  A service detainee sentenced to serve more than 14 days shall be committed to a detention barrack as designated by the Minister of National Defence.”

(G) [P.C. 1967-1703 effective 6 September 1967; P.C. 2011-1112 effective 29 September 2011]

(2.02:  NOT ALLOCATED)

2.03 – INSPECTION

The Chief of the Defence Staff shall appoint an officer to inspect at regular intervals service prisons and detention barracks designated under section 205 of the National Defence Act.

(2.04 TO 2.99 INCLUSIVE:  NOT ALLOCATED)

CHAPTER 3 - DUTIES AND RESPONSIBILITIES

Section 1 – General

3.01 – GENERAL INSTRUCTIONS

(1)  No person shall:

  1. unless permitted by these regulations or authorized by the commandant
    1. take or convey to or from any inmate any article or thing,
    2. leave any article or thing in any place where an inmate may gain access to it,
    3. buy from or sell to an inmate any article or thing,
    4. communicate with any other person on a matter concerning the service prison, detention barrack, or an inmate, unless required to do so in the course of his duties,
    5. introduce, possess, or consume tobacco or intoxicants at a service prison or detention barrack,
    6. enter the room or cell of an inmate between lights out and reveille unless accompanied by a member  of the staff and then only for urgent and exceptional reasons, or
    7. receive any visitor in a service prison or detention barrack;
  2. take or receive any gratuity or other benefit from or on behalf of an inmate;
  3. employ an inmate for personal benefit;
  4. use any abusive, threatening, insulting, profane or other improper language towards an inmate;
  5. strike, except in self-defence, or otherwise ill-treat an inmate; or
  6. discuss matters concerning the service prison or detention barrack within the hearing of an inmate

Section 2 – Commandant

3.02 – POWERS OF COMMANDANT

The commandant shall exercise the powers:

  1. of a commanding officer, pursuant to QR&O; and
  2. conferred upon him by these regulations.

3.03 – GENERAL RESPONSIBILITY OF THE COMMANDANT

The commandant shall be responsible to superior authority for the administration of the service prison or detention barrack in accordance with these regulations and QR&O.

3.04 – DUTIES OF THE COMMANDANT

The commandant shall:

a. inspect the service prison or detention barrack once each day;

b. interview an inmate as soon after his admission as practical and ensure that he understands the regulations respecting his rights and duties as an inmate;

c. see each inmate

  1. once each day during daily routine, and
  2. once each week between 2300 hours and reveille;

d. ensure that each inmate undergoing a corrective measure of close confinement or a diet is visited not less than once every three hours by a guard and that a record is made of such visits in the Corrective Measures Inspection Record. (See article 4.35 – Records.);

d.1 if an inmate is confined to a special room for reasons other than for the penalty of close confinement, review the confinement within one working day after the confinement begins and within every five working days after that to confirm the order to retain the inmate in the special room or to order that the inmate be returned to the general inmate population. (See article 4.05 – Accommodation)

e. ensure that the medical officer is informed as soon as it appears that an inmate is sick or injured;

f. on the recommendation of the medical officer, discontinue or modify the routine and training of an inmate who is not fit to undergo regular routine and training;

g. examine the sick parade register daily and ensure that the treatment prescribed for any inmate is carried out; and

h. co-operate with the chaplains in the proper performance of their duties at the service prison or detention barrack.

(G) [P.C. 1967-1703 effective 6 September 1967; P.C. 2011-1112 effective 29 September 2011 – (d.1)]

(3.05 TO 3.08 INCLUSIVE: NOT ALLOCATED)

Section 3 – Staff

3.09 – DUTIES OF SENIOR NON-COMMISSIONED MEMBER

(1)  The senior non-commissioned member of a service prison or detention barrack shall:

  1. frequently inspect every part of the service prison or detention barrack, especially the rooms, cells, and bedding; attend parades; supervise the routine and training; and report to the commandant any irregularity that he may observe;
  2. parade and inspect inmates coming into or going out of the service prison or detention barrack;
  3. detail the duties of the non-commissioned members under his command and inspect them when they are coming on and going off duty; and
  4. perform such other duties as are prescribed by these regulations.

3.10 – DUTIES OF GATE-KEEPER

The gate-keeper shall:

  1. record in the Gate Book (see article 4.35 – Records) the name of every person passing through the gate and the times of his entry and departure;
  2. not permit any person, to enter or leave the service prison or detention barrack without authority; and
  3. examine all articles carried into or out of the service prison or detention barrack.

(3.11 TO 3.14 INCLUSIVE:  NOT ALLOCATED)

Section 4 – Visiting Officer

3.15 – APPOINTMENT OF VISITING OFFICER

(1)  The superior authority shall appoint a Visiting Officer for each service prison and detention barrack under his command.

(2)  A Visiting Officer shall be:

  1. an officer not below the rank of major,
  2. appointed for a tour of duty not exceeding one week at any one time; and
  3. detailed from a duty roster on a rotational basis.

3.16 – VISITS BY VISITING OFFICER

(1)  The Visiting Officer shall, as far as practical, visit the service prison or detention barrack at an unscheduled time daily, except Sunday, during his tour of duty.

(2)  The times of the Visiting Officer's visits shall not be communicated in advance to the service prison or detention barrack.

3.17 – DUTIES OF A VISITING OFFICER

A Visiting Officer shall:

  1. on each visit, if practical, inspect the service prison or detention barrack to ascertain whether regulations and orders are being enforced;
  2. interview each inmate, in private if the inmate so requests, during his week's tour of duty and ascertain whether he has any complaint to make;
  3. make a written report (Appendix M) of his visit to the superior authority;
  4. during the absence of the commandant, deal with misbehaviour by inmates and sign correspondence relating to inmates;
  5. at least once during his tour of duty, inspect and initial each record required to be kept by the commandant; and
  6. sign the Visiting Officer's Journal.  (See article 435 – Records.)

Section 5 – Medical Officer

3.18 – DUTIES OF MEDICAL OFFICERS

The medical officer attending the service prison or detention barrack shall:

  1. as soon as practical after admission of an inmate
    1. read the unit medical officer's certificate (see QR&O article 34.165),
    2. examine the inmate and inform the commandant in writing of the state of his health
      1. certifying that the inmate is fit to undergo the regular routine and training of the service prison or detention barrack, or
      2. recommending, if the inmate is unfit to undergo the regular routine and training, the extent to which routine and training should apply to him;
  2. at regular intervals, re-examine each inmate who is unfit to undergo the regular routine and training;
  3. at regular intervals, inspect the service prison or detention barrack;
  4. attend sick parades;
  5. at regular intervals, examine the routine and training and report to the commandant any matter that he considers detrimental to the health of the inmates;
  6. examine daily each inmate undergoing the corrective measure of close confinement or a diet and certify on the Corrective Measure Inspection Record (see article 4.35 – Records) that the inmate is fit to continue such penalty,
  7. examine at least once every twenty-four hours an inmate restrained in a strait jacket (see article 6.21 – Strait Jacket);
  8. examine each inmate on his discharge or transfer from the service prison or detention barrack and certify his physical and mental fitness (see articles 4.25 and 4.26); and
  9.  record in the Medical Officer's Journal (see article 4.35 – Records)
    1. the date, time, and full details of each inspection or visit he makes, and
    2. any action he takes or recommends under this article.

Section 6 – Chaplains

3.19 – DUTIES OF CHAPLAINS

A chaplain ministering to a service prison or detention barrack shall:

  1. if practical, conduct Divine services within the service prison or detention barrack on Sundays and other customary days;
  2. if practical, interview privately each inmate according to his religious denomination
    1. on admission,
    2. when he is sick,
    3. when he requests the interview, or
    4. on any other occasion when the chaplain considers it advisable;
  3. if practical, hold a chaplain's hour once each week;
  4. report to the commandant any abuse or impropriety that may come to his knowledge;
  5. record in the appropriate Chaplain's Journal (see article 4.35 – Records)
    1. the date and time of each visit,
    2. the name of each inmate interviewed, and
    3. any matter that he wishes to bring to the attention of the commandant;
  6. confer and cooperate with the commandant to ensure that in the performance of his duties the established routine and training is not interrupted.

Section 7 – Senior Visiting Officer

3.20 – APPOINTMENT OF A SENIOR VISITING OFFICER

If a commandant considers his powers under article 6.05 inadequate to deal with the alleged misconduct of an inmate, he shall report the circumstance to the superior authority who may appoint a Senior Visiting Officer, not below the rank of lieutenant-colonel, to visit the service prison or detention barrack to deal with the case.  (See article 6.04 – Powers of Senior Visiting Officer.)

(3.21 TO 3.99 INCLUSIVE:  NOT ALLOCATED)

CHAPTER 4 - ADMINISTRATION

Section 1 – General

4.01 – ADMISSION

(1)  As far as practical no person shall be sent to a service prison or detention barrack for admission on a day when Sunday routine applies.  (See article 5.02 – Routine.)

(2)  No person shall be admitted to a service prison or detention barrack unless he is:

  1. accompanied by
    1. a committal order (see QR&O article 114.42), and
    2. other documents prescribed by the Chief of the Defence Staff;
  2. if a non-commissioned member, properly dressed and in possession of
    1. the items of kit prescribed by the Chief of the Defence Staff,
    2. cleaning materials and personal toilet articles, and
    3. a minimum of twenty-five cents for each day of his punishment up to sixty days.

(3)  The commandant shall, as soon as practical after the admission of an inmate, ensure that regulations affecting an inmate's conduct and the routine and training at the service prison or detention barrack are read and explained to him.

(4)  An inmate, on admission, shall be:

  1. searched (see article 6.03 – Power of Search);
  2. medically examined (see article 3.18 – Duties of Medical Officers);
  3. weighed and his weight recorded; and
  4. fingerprinted and photographed, if required.

4.02 – PROPERTY OF INMATES

(1)  The commandant shall ensure that adequate precautions are taken to safeguard the property of an inmate.

(2)  Valuable personal property, other than money (see (8) of this article), shall be placed in a Personal Property Envelope (CAFB 1665) and secured in a locked vault, safe, or strong-box.

(3)  Items of kit and personal property of small value shall be stored in the pack stores, in a separate bin or storage space clearly marked with the inmate's name.

(4)  Property stored under (2) and (3) of this article shall be recorded in the Personal Property Book (see article 4.35 – Records).

(5)  Perishable foodstuffs received for an inmate shall be returned to the sender at the expense of the inmate or otherwise disposed of as the inmate may request.

(6)  Razors shall be taken from inmates on admission and issued each day for shaving parades only.

(7)  Any cigarettes an inmate may have on admission shall be stored in a safe place and issued to him for smoking parades only (see article 5.06 – Privileges During Second Stage).

(8)  The money that an inmate has in his possession on admission shall be placed in a cash box, which shall be locked and kept in a locked vault, safe, or strong-box.  The amount shall be entered on the inmate's Cash Account Form (Appendix N) which the inmate shall sign as correct.

(9)  Property held under this article shall be returned to the owner on discharge.

(4.03 AND 4.04:  NOT ALLOCATED)

Section 2 – Accommodation

4.05 – ACCOMMODATION

(1)  As far as practical an inmate shall be provided with a room which shall be lighted, heated, ventilated, and equipped to maintain his physical and mental health.  He must be able to communicate with a guard at any time.

(2)  Two inmates shall not be confined alone in one room; however, the commandant may order that three or more inmates be confined in one room.

(3)  When a service prison or detention barrack contains service convicts or service prisoners as well as service detainees, the service convicts and service prisoners shall be segregated in so far as practical from the service detainees.

(4)  Special rooms shall be provided for the incarceration of refractory or violent inmates and for inmates undergoing the penalty of close confinement.

(5)  When practical, a special medical detention room shall be provided for occupation by inmates who, although not sick enough to be admitted to hospital, are, in the opinion of the medical officer, in need of special medical observation or attention.

(6)  Regulations relative to the treatment and conduct of inmates shall be posted in each room occupied by inmates.

4.06 – DIVINE WORSHIP AND INTERVIEWS BY CHAPLAINS

(1)  Service prisons and detention barracks shall have, where practical, facilities for divine worship and interviews by chaplains.

(2)  Except as authorized by superior authority, no inmate shall leave the confines of a service prison or detention barrack for divine worship.

4.07 – FIRE PRECAUTIONS

(1)  When a fire breaks out in a service prison or detention barrack, the preservation of life shall be the first consideration.  When there is no danger of loss of life, the custody of inmates and the extinguishing of the fire shall be the next considerations.

(2)  If a building is not fireproof, the locks on the doors of rooms occupied by inmates shall be so constructed that the doors may be opened immediately from the outside without the use of a key.

(3)  Fire drills shall be held not less than once each week.

(4)  Inmates may be ordered to perform fire-fighting drills and duties. (See QR&O Chapter 30.)

4.08 – KEYS

(1)  To safeguard and account for the keys of a service prison or detention barrack, the commandant shall:

  1. provide a secure place for the custody of keys, which can be locked when not in use;
  2. appoint a non-commissioned member above the rank of corporal of each duty shift to be responsible for the safe custody of all keys;
  3. maintain a system of marking all keys so that they can be readily identified; and
  4. maintain a key control system to account for all keys.

(2)  Inmates shall not handle keys of a service prison or detention barrack.

4.09 – LIBRARY

When practical a service prison or detention barrack shall have a separate library for inmates.

4.10 – GUARDS ON INMATES IN HOSPITAL

The superior authority shall, at the request of the commandant, provide adequate escorts and guards to ensure the safe custody of an inmate who is admitted to a hospital or any other place for the reception of sick persons.

(4.11 TO 4.14 INCLUSIVE:  NOT ALLOCATED)

Section 3 – Visitors

4.15 – VISITORS

(1)  An inmate may receive visitors:

  1. if his conduct is good;
  2. at the times prescribed by the commandant;
  3. in a room set aside by the commandant for this purpose;
  4. in the presence and hearing of a guard; and
  5. under such other conditions as the commandant may prescribe.

(2)  [Repealed]

(3)  [Repealed]

(4)  A visitor may be excluded or removed from a service prison or detention barrack at the discretion of the commandant.

(5)  The commandant shall keep a Visitors' Book (see article 4.35 – Records)

in which he shall record:

  1. the name and address of each visitor;
  2. the name of the inmate the visitor wishes to see and the visitor's relationship to him;
  3. the name, address, and reason for exclusion or removal of any visitor who is refused admittance to or removed from the service prison or detention barrack;
  4. the name and address of any visitor searched and the reason for and the result of the search; and
  5. any other relevant matter respecting a visitor.

(G) [P.C. 1967-1703 effective 6 September 1967; P.C. 2011-1112 effective 29 September 2011 – (2) and (3) repealed]

4.16 – OFFICIAL VISITORS

(1)  The commandant shall permit an interview between an inmate and his defending officer or counsel at any reasonable time.  This interview, shall not be held within the hearing of any person, and may be held within the sight of a guard.

(2)  The commandant may permit:

  1. officers and non-commissioned members of the Canadian Forces;
  2. members of federal, provincial, or municipal police forces; and
  3. members of the legal profession;

to visit the service prison or detention barrack.

(3)  Except as provided in (1) of this article, an interview with an inmate shall be within the sight and hearing of a guard.

(4.17 TO 4.19 INCLUSIVE:  NOT ALLOCATED)

Section 4 – Mail

4.20 – INMATES' MAIL

(1)  For the purpose of this article, “mail” means letters, telegrams, parcels, and other articles delivered to, or sent by, an inmate.

(2)  An inmate is permitted to send and receive mail. The commandant may scrutinize all mail and withhold any item that is considered to be detrimental to the good order or security of the service prison or detention barrack.

(3)  When the commandant exercises his discretion under (2) of this article, he shall:

  1. if he objects to the content of a letter or telegram written by an inmate, give the inmate an opportunity to rewrite it; and
  2. if he decides to withhold any mail, inform the inmate and read to him any unobjectionable portion.

(4)  When a parcel addressed to an inmate is received:

  1. it shall be opened in the presence of the inmate;
  2. a list shall be made of articles withheld; and
  3. a receipt for the articles withheld shall be given to the inmate.

(5)  The commandant shall maintain a Register of Inmates' Mail (see article 435 – Records) in which shall be recorded:

  1. in respect of any mail that an inmate wishes to send
    1. the name of the inmate,
    2. the name and address of the addressee,
    3. if returned to the inmate for re-writing, a brief reason for returning it, and
    4. the inmate's signature;
  2. in respect of any mail addressed to an inmate
    1. the name of the inmate to whom it is addressed,
    2. a brief description of the mail,
    3. whether it was scrutinized,
    4. if withheld after scrutiny, a brief reason for withholding it, and
    5. the inmate's signature.

(6)  Any mail withheld under this article shall be dealt with in accordance with article 4.02 (Property of Inmates).

(G) [P.C. 1967-1703 effective 6 September 1967; P.C. 2011-1112 effective 29 September 2011 – (2)]

(4.21 TO 4.24 INCLUSIVE:  NOT ALLOCATED)

Section 5 – Discharge

4.25 – DISCHARGE

(1)  No inmate shall be discharged from a service prison or detention barrack until:

  1. he has completed his punishment; or
  2. the commandant receives an order from an authority mentioned in QR&O, Chapter 114.

(2)  Subject to (l) (b) of this article, an inmate shall be deemed to have completed his punishment when the actual number of days' punishment undergone and the number of days remitted under article 5.08 (Remission of punishment) together equal the number of days' imprisonment or detention to which the inmate was sentenced.  He may be detained until 2359 hours of the day on which he completes his punishment.

(3)  When the punishment of an inmate is completed on a day on which Sunday routine applies, his punishment shall be deemed to have been completed on the preceding training day.

(4)  When an inmate is discharged from a service prison or detention barrack, a Certificate of Discharge (Appendix O) shall be forwarded to the commanding officer of the unit to which the inmate is to proceed.

(5)  The commandant shall, if applicable, notify an inmate's commanding officer of the expected date of discharge in sufficient time to permit the commanding officer to make any necessary arrangements for his return.

(6)  On discharge or transfer, an inmate shall be weighed and his weight recorded.

4.26 – TRANSFER

(1)  On receipt of a warrant ordering the transfer of an inmate to another service prison or detention barrack, the commandant shall:

  1. arrange for the transfer of the inmate under escort; and
  2. inform the inmate's commanding officer.

(2)  The documents, equipment, and articles required by these regulations for the admission of inmates (see article 4.01 – Admission) shall be sent with the inmate on transfer, together with:

  1. the transfer warrant;
  2. the medical officer's certificate (see article 3.18 – Duties of Medical Officers); and
  3. the inmate's record from the Register of Marks (see article 4.35 – Records).

(3)  On receipt of a warrant ordering the transfer of an inmate to a penitentiary or civil prison, the commandant shall arrange for the transfer of the inmate under escort.  The following documents shall be sent with the inmate:

  1. the original committal order;
  2. the transfer warrant;
  3. the medical officer's certificate (see article 3.18 – Duties of Medical Officers); and
  4. a certificate as to the number of days of remission earned.(See Appendix P and article 5.09 – Calculation of Remission on Transfer to Civil Incarceration.)

4.27 - ESCAPE FROM A SERVICE PRISON OR DETENTION BARRACK

(1)  If an inmate escapes from a service prison or detention barrack, the commandant shall:

  1. take steps to apprehend the inmate; and
  2. notify
    1. the local civil and military police,
    2. the superior authority,
    3. the Command Security Officer,
    4. National Defence Headquarters, for the attention of the Director of Security, and
    5. the inmate's commanding officer.

(2)  The superior authority, upon notification by the commandant of the escape of an inmate, shall convene a board of inquiry to inquire into the circumstances.

(4.28 TO 4.34 INCLUSIVE:  NOT ALLOCATED)

Section 6 – Records

4.35 – RECORDS

(1)  The commandant shall maintain:

  1. Commandant's Journal (Appendix A);
  2. Medical Officer's Journal (Appendix B);
  3. Chaplain's Journal (Appendix C);
  4. Register of Inmate's Mail (Appendix D);
  5. Corrective Measures Book (Appendix E);
  6. Corrective Measure Inspection Record (Appendix F);
  7. Visiting Officer's Journal (Appendix G);
  8. Visitors' Book (Appendix H);
  9. Register of Inmates (Appendix I);
  10. Personal Property Book (Appendix J);
  11. Register of Marks (Appendix K); and
  12. Gate Book (Appendix L).

(2)  In maintaining the records mentioned in (1) of this article:

  1. all entries shall be made as soon as practical after the event to which they relate, showing the date of the event and the date of the entry;
  2. all entries shall be legibly written in ink; and
  3. no erasures shall be made.

(4.36 TO 4.99 INCLUSIVE:  NOT ALLOCATED)

CHAPTER 5 - ROUTINE AND TRAINING

Section 1 – General

5.01 – GENERAL

(1)  The routine and training of an inmate shall require the maximum effort and the strictest discipline.

(2)  No inmate shall be required to undergo any part of the routine or training that, in the opinion of the medical officer, would be detrimental to his physical or mental health.

(3)  If the training prescribed by the Chief of the Defence Staff under these regulations is not interfered with, an inmate may be employed for the benefit of the Department, at cleaning and maintenance tasks within the service prison or detention barrack.

(4)  As far as practical, no inmate shall be engaged on any form of routine or training within the view of persons outside the service prison or detention barrack.

5.02 – ROUTINE

(1)  Subject to any modifications authorized by the Chief of the Defence Staff, the daily and Sunday routine shall be in accordance with the Tables to this article.

(2)  Daily routine shall apply on all days to which Sunday routine is not applicable.

(3)  Sunday routine shall apply on all Sundays, Christmas Day, Good Friday and other days designated by the Chief of the Defence Staff.

TABLE "A" TO ARTICLE 5.02

Hours                  Daily Routine

0600              –   Reveille

0600-0730      –   Shave, scrub rooms and barracks generally, clean equipment and layout kits

0730-0800      –   Breakfast

0800-1150      –   Training Period

1200-1300      –   Wash up, dinner

1300-1650      –   Training Period

1700-1800      –   Wash up, supper

1800-1830      –   Shower

1830-1945      –   Wash clothes, scrub equipment and perform general tasks

1945-2045      –   Incidental parades and letter writing

2045-2100      –   Make up beds

2100              –   Lights out

TABLE "B" TO ARTICLE 5.02

Hours                 Sunday Routine

0630              –   Reveille

0630-0730      –   Shave, scrub rooms, and lay out kits

0730-0800      –   Breakfast

0800-1000      –   Divine Service, as ordered

1000-1100      –   Exercise period

1200-1300      –   Dinner

1300-1600      –   Study, write letters, receive visitors

1600-1630      –   Exercise period

1645-1800      –   Supper

1800-2045      –   Privileges period (as applicable)

2045-2100      –   Make up beds

2100              –   Lights out

5.03 – TRAINING

The training of inmates shall be as prescribed by the Chief of the Defence Staff.

(5.04:  NOT ALLOCATED)

Section 2 – Progressive Stages

5.05 – PROGRESSIVE STAGES

(1)  The punishment of detention, and the punishment of imprisonment when served in a service prison or detention barrack, shall be divided into two stages.

(2)  The first stage shall commence on the day an inmate is sentenced and shall continue until he has earned promotion by good conduct to the second stage, but shall not be less than fourteen days.

(3)  During the first stage, no inmate shall be entitled to:

  1. a communication period;
  2. a smoking period; or
  3. visitors, other than official visitors mentioned in article 4.16.

(4)  When an inmate is promoted to the second stage he shall, in accordance with these regulations:

  1. be entitled to the prescribed privileges; and
  2. commence to earn remission of punishment.

5.06 – PRIVILEGES DURING SECOND STAGE

During the second stage, an inmate shall be entitled to:

  1. communicate with other inmates for a maximum period of thirty minutes each day at the times and under the conditions prescribed by the commandant;
  2. smoke cigarettes at the times and under the conditions prescribed by the commandant, provided that the aggregate smoking time in any one day does not exceed thirty minutes;
  3. the use of the library; and
  4. visitors.

5.07 – SYSTEM OF MARKS

(1)  The system of marks set out in this article shall be used to assess an inmate's conduct for the purpose of:

  1. promoting him from the first stage to the second stage; and
  2. determining the portion of his punishment that may be remitted.

(2)  Except when he is under penalty, an inmate shall be entitled to earn a maximum of eight marks each day for his conduct.  In awarding these marks, attention shall be paid to the inmate's industry and attention during training, his dress and department, and his sense of discipline.

(3)  Unless the commandant orders otherwise, an inmate shall receive eight marks for each day:

  1. between the date of imposition of the punishment and the date of his admission;
  2. on which Sunday routine applies;
  3. spent while on transfer from a service prison or detention barrack to another place of incarceration; and
  4. spent in hospital, or other place for the reception of sick persons.

(4)  For each day not mentioned in (3) of this article, the senior non-commissioned member normally shall award the inmate's marks.  He may, after consultation with the senior guard on each duty shift, award six, seven, or eight marks to an inmate.  If the senior non-commissioned member considers that the inmate is entitled to less than six marks, the commandant shall, in the presence of the inmate, award an appropriate mark.

(5)  No inmate shall be promoted from the first stage to the second stage until he has earned 112 marks.  Marks earned for promotion to the second stage shall not count for remission of punishment.

(6)  Marks awarded shall be recorded daily in the Register of Marks (see article 4.35 – Records).

5.08 – CALCULATION OF MARKS FOR REMISSION OF PUNISHMENT

(1)  When the total mark earned by an inmate during the second stage equals the figure calculated in accordance with (2) of this article, the number of days of his punishment then remaining are remitted.

(2)  The total mark required to earn a remission of punishment shall be calculated by:

  1. deducting the number of days spent in the first stage from the total number of days' punishment;
  2. taking three-fifths of the remaining number of days to the nearest whole number if a fraction is involved; and
  3. multiplying the resulting figure by eight.

Examples:

  1. An inmate is sentenced to thirty days detention and promoted to the second stage after fourteen days.
    1. Deduct fourteen from thirty.
    2. Take three-fifths of the remaining sixteen to the nearest whole number.
    3. Multiply the result, ten, by eight.

The result, eighty, represents the number of marks this inmate must earn to entitle him to remission of punishment.

  1. An inmate is sentenced to ninety days' detention and is promoted to the second stage at the end of twenty days.
    1. Deduct twenty from ninety.
    2. Take three-fifths of the remaining seventy to the nearest whole number.
    3. Multiply the result, forty-two, by eight.

The result, three hundred and thirty-six, represents the number of marks this inmate must earn to entitle him to remission of punishment.

5.09 – CALCULATION OF REMISSION ON TRANSFER TO CIVIL INCARCERATION

(1)  The remission of punishment earned by an inmate for the purpose of transfer during sentence to a penitentiary or civil prison in accordance with article 4.26 (Transfer) shall be calculated by:

  1. deducting 112 marks from the total marks earned in both first and second stages in accordance with article 5.07 (System of Marks) to the date of transfer;
  2. dividing by eight the remaining number of marks to the nearest whole number if a fraction is involved; and
  3. taking two-fifths of the resulting figure, to the nearest whole number if a fraction is involved.

(2)  The figure resulting from (1) of this article represents the number of days remission earned on the portion of the sentence served to the date of transfer.  It shall be recorded in the certificate required by paragraph (3)(d) of article 4.26 (Transfer), (see Appendix P).

(5.10 TO 5.14 INCLUSIVE:  NOT ALLOCATED)

Section 3 – Personal Appearance

5.15 – PERSONAL HYGIENE

An inmate shall maintain a high standard of personal hygiene.

5.16 – DRESS

(1)  An inmate undergoing normal training routine shall, if a non-commissioned member, wear his service uniform.  Coveralls shall be worn to protect the uniform when necessary.

(2)  Uniforms and other clothing shall at all times be kept clean, neat, and in good repair.

5.17 – HAIR CUTTING

(1)  The hair of an inmate shall not be cut closer than may be necessary for health and cleanliness.

(2)  The haircut shall conform to the normal military standard.

(5.18 TO 5.99 INCLUSIVE:  NOT ALLOCATED)

CHAPTER 6- MISBEHAVIOUR AND RESTRAINTS

Section 1 – Misbehaviour

6.01 – MISBEHAVIOUR

An inmate who offends in any way against good order and discipline commits an act of misbehaviour.  Notwithstanding the generality of the foregoing, misbehaviour of an inmate includes:

  1. disrespect to any member of the staff, visitor, or other person;
  2. idleness, carelessness, negligence, or refusal to work;
  3. irreverent behaviour at Divine Service;
  4. use of blasphemous or other improper language;
  5. indecency in language, act, or gesture;
  6. communication or attempts at communication with another inmate or person without authority;
  7. singing, whistling, or any unnecessary noise or disturbance;
  8. leaving his place of duty or any room without authority;
  9. wilful disfiguration of or damage to, or attempts at disfiguration of or damage to, any part of the service prison or detention barrack, or any articles to which he may have access;
  10. nuisance or an attempt to commit nuisance;
  11. possession of any article without authority;
  12. conveyance to or reception from or an attempt to convey to or receive from any person any article without authority; or
  13. inattention whilst performing any duty or undergoing training.

6.02 – SERVICE OFFENCES BY INMATES

An inmate who commits a service offence shall be charged, dealt with, and tried pursuant to the Code of Service Discipline.  (See QR&O article 101.01 – Meaning of "Commanding Officer".)

6.03 – POWER OF SEARCH

The commandant or any member of the staff may search an inmate at any time for prohibited articles with which he may:

  1. injure himself or others;
  2. effect his escape; or
  3. damage property.

(See  QR&O article 22.02 – Powers of Specially Appointed Personnel.)

6.04 – POWERS OF SENIOR VISITING OFFICER

The Senior Visiting Officer appointed under these regulations may apply one or more of the following corrective measures:

  1. close confinement for a period not exceeding fourteen days;
  2. No.1 Diet for a period not exceeding fifteen days, or No. 2 Diet for a period not exceeding forty-two days;
  3. deprivation of any or all privileges for a period not exceeding twenty-eight days; and
  4. forfeiture of marks earned for remission of punishment, in an amount not exceeding 224.

6.05 – POWERS OF COMMANDANT AND VISITING OFFICER

(1)  The commandant or a Visiting Officer appointed under these regulations may apply one or more of the following corrective measures:

  1. close confinement for any period not exceeding three days;
  2. No.1 Diet for a period not exceeding three days or No. 2 diet for a period not exceeding twenty-one days;
  3. deprivation of any or all privileges for a period not exceeding seven days; and
  4. forfeiture of marks earned for remission of punishment, in an amount not exceeding 112.

(2)  Marks forfeited under (1)(d) of this article may be restored by the commandant.

(6.06 TO 6.09 INCLUSIVE:  NOT ALLOCATED)

Section 2 – Corrective Measures

6.10 – CORRECTIVE MEASURES – GENERAL INSTRUCTIONS

(1)  When an inmate is found or suspected of misbehaving, a Misbehaviour Report (see Appendix Q) shall be completed and the inmate paraded before the commandant, Senior Visiting Officer or Visiting Officer, as appropriate, who shall hear the details of the alleged misbehaviour and any explanation the inmate may offer.  If the commandant, Senior Visiting Officer or Visiting Officer is satisfied that the inmate has misbehaved, he may apply such effective measures described in these regulations as he thinks reasonable and just.

(2)  When a corrective measure is applied to an inmate, the officer applying the corrective measure shall explain fully to him the effect of it.

(3)  When an inmate is responsible for the loss of or damage to public property in a service prison or detention barrack, the commandant shall, in addition to any corrective measure he may apply under these regulations, report the full particulars of the loss or damage to the inmate's commanding officer so that appropriate action under chapter 38 (Liability for Public and Non-Public Property) of QR&O may be considered.

(4)  The commandant shall keep a Corrective Measures Book (see article 4.35 – Records) in which he shall record:

  1. the name of the inmate;
  2. the misbehaviour of the inmate; and
  3. the corrective measures applied.

6.11 – CORRECTIVE MEASURES

The following corrective measures may be applied in respect of misbehaviour by an inmate:

  1. close confinement;
  2. [Repealed]
  3. [Repealed]
  4. loss of privileges; and
  5. forfeiture of marks earned for remission.

(G) [P.C. 1967-1703 effective 6 September 1967; P.C. 2011-1112 effective 29 September 2011 – (b) and (c) repealed]

6.12 – CLOSE CONFINEMENT

(1)  When the corrective measure of close confinement is applied to an inmate, he shall be:

  1. confined in the room or cell set apart for that purpose;
  2. deprived of all privileges;
  3. allowed to exercise for two periods of thirty minutes each day; and
  4. entitled to no mark for conduct.

(2)  No inmate shall undergo the corrective measure of close confinement without the concurrence of the medical officer.

(G) [6.13 and 6.14:  repealed by P.C. 2011-1112 effective 29 September 2011]

(C) [Notes to the articles 6.13 and 6.14:  repealed on 29 September 2011]

6.15 – LOSS OF PRIVILEGES

The corrective measure of loss of privileges shall consist of the deprivation of any or all of the privileges granted by article 5.06.

6.16 – FORFEITURE OF MARKS

The corrective measure of forfeiture of marks shall consist of the deduction of a stated number of marks from an inmate's Register of Marks. (See Appendix K.)

(6.17 TO 6.19 INCLUSIVE:  NOT ALLOCATED)

Section 3 – Restraints

6.20 – RESTRAINTS – GENERAL INSTRUCTIONS

(1)  An inmate shall be restrained only in cases of urgent necessity to prevent injury to himself or others or damage to property, except that handcuffs may be used temporarily when such additional security is customary.

(2)  No restraint shall be used as a corrective measure.

(3)  When permissible under (1) of this article, the commandant may order in writing (see Appendix R) the use of a restraint for any period not exceeding twenty-four hours.  For a greater period, the written order of the superior authority must be obtained.

(4)  No form of restraint other than handcuffs and straitjackets shall be employed, except by order of the superior authority.

(5)  The commandant shall record on the order required by (3) of this article:

  1. the name of the inmate on whom the restraint is to be used;
  2. the form of restraint to be used;
  3. the date and the times the restraint is to be imposed and removed; and
  4. the reasons for the use of the restraint.

6.21 – STRAIT JACKET

(1)  The commandant shall inform the medical officer when an inmate has been restrained in a strait jacket and the medical officer shall, as soon as practical, examine the inmate.

(2)  The continued use of and duration of restraint by a strait jacket shall be in the sole discretion of the medical officer.

(3)  The medical officer shall:

  1. visit at least twice every twenty-four hours an inmate restrained in a straitjacket; and
  2. record in the Medical Officer's Journal the day and the hour the restraint was applied and discontinued.

6.22 – HANDCUFFS

(1)  An inmate who requires restraint by handcuffs shall normally be handcuffed with hands in front of his body.

(2)  When an inmate is exceptionally violent, the commandant may order in writing that the inmate's hands shall be handcuffed behind his back, except at meal times and from Lights Out to Reveille.

(6.23 TO 6.99 INCLUSIVE:  NOT ALLOCATED)

APPENDIXES A TO R

(To be inserted:  Appendix A to Regulations for Service Prisons and Detention Barracks– RULINGS AND HEADINGS OF PAGES OF COMMANDANT’S JOURNAL – COMMANDANT’S JOURNAL )

(To be inserted:  Appendix B to Regulations for Service Prisons and Detention Barracks – RULINGS AND HEADINGS OF PAGES OF MEDICAL OFFICER’S JOURNAL – MEDICAL OFFICER’S JOURNAL) 

(To be inserted:  Appendix C to Regulations for Service Prisons and Detention Barracks – RULINGS AND HEADINGS OF PAGES OF CHAPLAIN’S JOURNAL – CHAPLAIN’S JOURNAL) 

(To be inserted: Appendix D to Regulations for Service Prisons and Detention Barracks – REGISTER OF INMATE’S MAIL)

(To be inserted: Appendix E to Regulations for Service Prisons and Detention Barracks – CORRECTIVE MEASURES BOOK)

(To be inserted: Appendix F to Regulations for Service Prisons and Detention Barracks – CORRECTIVE MEASURE INSPECTION RECORD)

(To be inserted:  Appendix G to Regulations for Service Prisons and Detention Barracks – RULINGS AND HEADINGS OF PAGES OF VISITING OFFICER’S JOURNAL – VISITING OFFICER’S JOURNAL 

(To be inserted:  Appendix H to Regulations for Service Prisons and Detention Barracks – VISITOR’S BOOK)

(To be inserted:  Appendix I to Regulations for Service Prisons and Detention Barracks – REGISTER OF INMATES)

(To be inserted:  Appendix J to Regulations for Service Prisons and Detention Barracks – PERSONAL PROPERTY RECORD)

(To be inserted:  Appendix K to Regulations for Service Prisons and Detention Barracks – REGISTER OF MARKS)

(To be inserted:  Appendix L to Regulations for Service Prisons and Detention Barracks – GATE BOOK)

(To be inserted:  Appendix M to Regulations for Service Prisons and Detention Barracks – REPORT OF VISITING OFFICER)

(Reverse of appendix M)

VISITING OFFICER

Regulations for Service Prisons and Detention Barracks article 3.17 provides:

“3.17 – DUTIES OF A VISITING OFFICER

A Visiting Officer shall:

(a)  on each visit, if practical, inspect the service prison or detention barrack to ascertain whether regulations and orders are being enforced;

(b)  interview each inmate, in private if the inmate so requests, during his week's tour of duty and ascertain whether he has any complaints to make;

(c)  make a written report (Appendix M) of his visit to the superior authority;

(d)  during the absence of the commandant, deal with misbehaviour by inmates and sign correspondence relating to inmates;

(e)  at least once during his tour of duty, inspect and initial each record required to be kept by the commandant; and

(f)  sign the Visiting Officer's Journal. (See article 4.35 – Records).”

(To be inserted:  Appendix N to Regulations for Service Prisons and Detention Barracks – INMATE’S CASH ACCOUNT)

(To be inserted:  Appendix O to Regulations for Service Prisons and Detention Barracks – CERTIFICATE OF DISCHARGE FROM A SERVICE PRISON OR DETENTION BARRACK)

(To be inserted:  Appendix P to Regulations for Service Prisons and Detention Barracks – CERTIFICAT AS TO THE NUMBER OF DAYS’ REMISSION EARNED)

(To be inserted:  Appendix Q to Regulations for Service Prisons and Detention Barracks – SERVICE PRISON AND/OR DETENTION BARRACK MISBEHAVIOUR REPORT)

Appendix R

FORM OF ORDER FOR INMATES TO BE PLACED UNDER RESTRAINT

Date :___________________________________

Inmate’s Name :______________________________________

                             Register Number________________________________is to be

restrained in (Describe the articles of restraint)______________________________________

(**)Insert whether in front of or behind the body                                        

by the wrists (**) ____________________________________

(They are in any case to be placed in front during meals and bedtime.)                                              

from this hour, ______________to______________________

 

         for the following reason(s):

________________________________________

(Signature)

                                  Commandant ________________________________________

To the Sergeant-Major

or NCO in charge of:

Articles of restraint as above ordered, were placed on (Name) _____________________________________________________

 

(Register Number) ___________________ at _____________hrs, removed at_______________hrs

 

the _______________________ day of _______________________19____________

 

(Warrant Officer of NCO in charge)__________________________________________

 

of __________________________________________