Prison Act 1995 · Updated to 12 Dec 2025 · Part II · Constitution and Administration
8. Temporary prisons
Feedback & supportWhenever it appears to the Commissioner General—
Commissioner General
“Commissioner General” means the Commissioner General of Prison appointed under subsection 10(1);
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
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.
A temporary prison under subsection (1) shall be a prison for the purposes of this Act.
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;
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.
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;
16 Laws of Malaysia ACT 537
The direction or order made or given by the Commissioner
Commissioner
“Commissioner” means the Commissioner of Prison appointed under subsection 10(2); *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…
General under subsection (1) shall be for a period not exceeding three months.
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.
Minister
“Minister” means the Minister charged with the responsibility for prisons;