Section 37: Punishment for prison defaults

37. Punishment for prison defaults (1) Where the Commissioner or, in Rodrigues, the Island Chief Executive, after due enquiry made by him, finds a detainee guilty of a minor prison default, he may punish the detainee by giving him a warning or by ordering— (a) his confinement in a separate cell for a period not exceeding 2 weeks; (b) the forfeiture of his privileges for a period not exceeding 3 months; (c) the forfeiture of his earnings for a period not exceeding 3 months; (d) a loss of remission for a period not exceeding 2 months; or (e) a combination of any of the punishments specified in paragraphs (a) to (d). (2) Where an officer in charge of a prison or, in Rodrigues, the Island Chief Executive, considers after due enquiry made by him, that there is a prima facie case of aggravated prison default against the detainee, he shall refer the case to the Commissioner with— (a) a copy of the charge; and (b) the record of all the evidence given in the case, including that of the detainee. (3) On receipt of a record referred to him under subsection (2), the Commissioner may, after due inquiry— (a) require the officer in charge to take further evidence and resubmit the matter; and (b) refer the matter together with any record to the Board for such decision as the Board thinks fit. (4) Subject to subsection (5) and to section 43, where a matter has been referred to the Board under subsection (3) and the Board, after such further enquiry it thinks necessary, finds a detainee guilty of an aggravated prison default, the Board may punish the detainee by ordering— (a) his confinement in a separate cell for a period not exceeding 30 days; (b) a loss of remission for a period not exceeding 12 months; (c) a reduction in his stage or postponement of promotion in his stage for a period not exceeding 6 months; R10 – 15 [Issue 1] Reform Institutions Act (d) forfeiture of his privileges for a period not exceeding 6 months; (e) forfeiture of his earnings for a period not exceeding 6 months; or (f) a combination of any of the punishments specified in paragraphs (a) to (e). (5) Where the Board finds that the evidence discloses only a minor prison default, it may inflict any of the punishments authorised under subsection (1).