Ghana Prisons Service Act

Ghana Prisons Service Act – Check Below:

Section – 1 – Functions Of The Service

(1) It shall be the duty of the Prisons Service to ensure the safe custody and welfare of prisoners and whenever practicable to undertake the reformation and rehabilitation of prisoners.(2) Every prison officer shall perform such functions as are by law conferred upon a prison officer and shall obey all lawful orders and directions in respect of the execution of his office which he may receive from his superiors in the Prisons Service.

Section – 2 – Duties Of The Service.

In the performance of its duty the Prisons Service shall ensure that-(a) no person shall be subjected to-(i) torture or inhuman or degrading punishment; or
(ii) any other condition that detracts or is likely to detract from his dignity and worth as a human being;
(b) a person who has not been convicted of a criminal offence if kept or confined in a prison, shall not be treated as a convicted person, and shall be kept away from convicted persons.

Section – 3 – Members Of The Service

The following shall be members of the Prisons Service-(a) Director of Prisons;(b) two or more Deputy Directors of Prisons; and
(c) prison officers holding posts or ranks created under this Decree.

Section – 4 – Administration Of The Service

(1) The Director of Prisons shall be the Head of the Prisons Service, and shall, subject to any directions of the Commissioner, be responsible for exercising general day to day supervision over the operation and administration of the Prisons Service.(2) Subject to section 43 (2), the Director of Prisons may delegate to any other members of the Prisons Service such of his functions under this Decree as he thinks fit.

Section – 5 – Filling Of Vacancies

(1) A vacancy in a Prisons Service post or rank may be filled-(a) by promotion, that is by appointing a prison officer who is to be moved from another grade or rank with an immediate increase in his salary;(b) by transfer within the Service, that is by appointing a prison officer who is to be moved from another grade or rank with no alteration in his salary;
(c) on reduction in rank, that is by appointing a prison officer who is to be moved from another grade or rank with an immediate reduction in his salary;
(d) by recruitment, that is by appointing a person who is not a prison officer or who would cease to be a prison officer if the appointment were not made.
(2) Wherever practicable, a vacancy in the Prisons Service shall be filled either by promotion or transfer within the Service.
(3) Promotions shall be made according to merit.

Section – 6 – Acting Assignment.

(1) Where a Prisons Service post is vacant or a prison officer is absent from duty for any reason the Director of Prisons may assign a member of the Prisons Service to carry out the appropriate duties.(2) An assignment under this section shall cease to have effect-(a) on the filling of the vacancy or the return to duty of the officer, as the case may be; or
(b) if some other person is assigned to carry out the said duties; or
(c) if the assignment is revoked by the Director of Prisons

Section – 7 – Functions Of The Public Services Commission.

The Public Services Commission shall in consultation with the appropriate authority, provide for the procedure to be followed and requirements to be observed in the making of appointments.

Section – 8 – Schemes Of Service And Training.

(1) The Director of Prisons may, with the consent of the Commissioner, prepare schemes of service giving details of duties, training facilities, and other matters relating to service as a prison officer.(2) There shall be a branch of the Prisons Service with the function of supervising and coordinating, under the general direction of the Director of Prisons, arrangements for the training of members of the Prisons Service.

Section – 9 – Modes Of Leaving The Service

(1) A person holding a pensionable post otherwise than on a limited engagement shall retire from the Prisons Service on reaching the prescribed compulsory retiring age:Provided that this subsection shall not prevent the appointment of any persons on a limited engagement.(2) A person holding a pensionable post as a prison officer otherwise than on a limited engagement may retire from the Prisons Service at any time after he has reached the prescribed voluntary retiring age, or with the consent of the National Redemption Council at any earlier time.
(3) A prison officer may resign from the Prisons Service in accordance with such conditions as may be prescribed.
(4) A prison officer may leave the Prisons Service on the expiry or other termination of a limited engagement.
(5) A prison officer may leave the Prisons Service by transfer, with his consent, to employment in another Public Service or to other approved employment in accordance with regulations.
(6) A prison officer may leave the Prisons Service on the abolition of his post; and where a post in a grade is abolished by the revocation or amendment of the instrument by which it was created, the appointing authority shall, if two or more persons hold posts in that grade, determine which of those persons is to be treated as the person whose post is abolished.
(7) Unless the person in respect of whom a determination is to be made under subsection (6) is to be promoted or transferred, he shall be given an opportunity to make representations to the appointing authority, who shall consider any such representations before making the determination.
(8) Where a post or rank is held by an officer on probation and it appears to the appointing authority during or at the end of the probationary period that he is unlikely to fulfil the requirements of the post or rank, the appointing authority may order that he shall cease to be a member of the Prisons Service, and if no such order is made he shall revert to the post or rank, if any, held by him immediately before the commencement of such probationary period.

Section – 10 – Membership And Functions Of The Board.

(1) There shall be a Prisons Service Board which shall consist of-(a) a member of the Public Services Commission, who shall be chairman;(b) the Director of Prisons;
(c) a medical officer nominated by the professional organisation recognised by the National Redemption Council as representing the interests of the medical profession in Ghana;
(d) a representative of the Attorney-General;
(e) the Principal Secretary of the Ministry responsible for Social Welfare; and
(f) a legal practitioner, a woman and two other members one of whom at least shall be a representative of religious organisations as the National Redemption Council may appoint.
(2) The Director of Prisons shall be appointed by the National Redemption Council.
(3) The power to appoint persons to hold or to act in any office in the Prisons Service shall vest in the National Redemption Council acting in accordance with the advice of the Prisons Service Board.
(4) The National Redemption Council may, subject to such conditions as it thinks fit, delegate any of its functions under this section by directions in writing to the Prisons Service Board or to any committee thereof or to any member thereof.
(5) Where the National Redemption Council delegates any of its functions under subsection (4), the person to whom such powers are delegated shall exercise them in accordance with the advice of the Prisons Service Board.
(6) The functions of the Prisons Service Board shall be-
(a) to advise the authority for the time being empowered to appoint persons below the rank of Director of Prisons to hold or act in any office in the Prisons Service;
(b) to hear appeals brought under section 19;
(c) to examine and advise upon all matters concerning the welfare and discipline of the Prisons Service, the selection and training of members of the Prisons Service, the safe custody, welfare, reformation and rehabilitation of prisoners, and the utilisation of the Prison Officers’ Welfare Fund.
(7) The quorum of the Prisons Service Board shall be four.

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See Also:

Ghana Prisons Service Act

Section – 6 – Acting Assignment.

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