Malaysia legislation

Section 8

of *PRISON ACT 1995

Section 8

(a)

that the number of prisoners in a prison is greater than can be reasonably kept in the prison and that it is not convenient to transfer the excess number to another prison; or

(b)

that by reason of an outbreak within a prison of a disease or for any other reason which renders it necessary to provide for the temporary shelter and safe custody of any prisoner, he may, with the approval of the Minister, direct in writing for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

(2)

A temporary prison under subsection (1) shall be a prison for the purposes of this Act.

(3)

Any prisoner removed to a temporary prison under subsection (1) shall, when the reason for the removal has ceased, be returned to the prison from where he was removed if his term of imprisonment has not expired.

16 Laws of Malaysia ACT 537

(4)

The direction or order made or given by the Commissioner

General under subsection (1) shall be for a period not exceeding three months.

(5)

Despite subsection (4), the duration of any direction or order made under subsection (1) may, with the approval of the Minister, be extended for further periods not exceeding three months at any one time and such extensions shall not in any event exceed a total period of nine months.

Administration of prisons