Prison Act 1995 · Updated to 12 Dec 2025 · Part IV · Custody and Removal of Prisoners
38. Return to prison
Feedback & supportWhere a prisoner removed to a hospital under section 37 is, in the opinion of the medical officer of the hospital, no longer necessary for the prisoner to remain at the hospital, the medical officer shall transmit a certificate stating that fact to the Officer in
prisoner
“prisoner” means a person, whether convicted or not, under confinement in a prison and in relation to a convicted prisoner, includes a prisoner released on parole;
Charge of the prison from where the prisoner was removed.
prison
“prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison under section 3 and shall include the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners;
On receipt of the certificate referred to in subsection (1), the
Officer in Charge shall cause the prisoner to be brought back to the prison, if he is still liable to be confined in the prison.
Officer in Charge
“Officer in Charge” means a prison officer not below the rank of Assistant Commissioner of Prison who is in charge of a prison; *NOTE—All references to the Director General of Prison and Deputy Director General of Prison in any written law or in any instrument, deed, title, document, bond, agreement and working arrangement subsisting immediately before the date of the coming into operation of this Prison Act (Amendment) 2008, shall, on the date of the coming into operation…