CHAPTER
016
THE
CONSTITUTION OF THE REBUPLIC OF GHANA 1992
THE
PRISONS SERVICE
205 (1)
There shall be a Prisons Service of Ghana.
(2)
The Prisons Service shall be equipped and maintained to perform
its traditional role efficiently.
206 There
shall be established a Prisons Service Council which shall consist
of -
(a)
the Vice-President, who shall be chairman;
(b)
the Minister responsible for internal affairs;
(c)
the Director-General of the Prisons Service;
(d)
a medical practitioner nominated by the Ghana Medical Association;
(e)
a lawyer nominated by the Ghana Bar Association;
(f)
the Attorney-General or his representative;
(g)
a representative of the Ministry of or department of state responsible
for social welfare;
(h)
a representative of such religious bodies as the President may,
in consultation with the Council of State, appoint;
(i)
two members of the Prisons Service appointed by the President in
consultation with the Council of State one of whom shall be of a
junior rank;
(j)
a representative of he National House of Chiefs; and
(k) two other
members appointed by the President.
207 (1)
The Director-General of the Prisons Service shall be appointed by
the President, acting in consultation with the Council of State.
(2)
The Director-General of the Prisons Service shall, subject to the
provisions of this article and to the control and direction of the
Prisons Service Council, be responsible for the operational control
and the administration of the Prisons Service.
(3)
Subject to the provisions of this Constitution, the power to appoint
persons to hold or to act in an office in the Prisons Service shall
vest in the President, acting in accordance with the advice of the
Prisons Service Council.
(4)
The President may, subject to such conditions as he thinks fit, delegate
some of his functions under this article by directions in writing
to the Prisons Service Council or to a Committee or a member of the
Council.208
(1) The Prisons
Service Council shall advise the President on matters of policy
relating to the organisation and maintenance of the prison system
in Ghana including the role of the Prisons Service, prisons budgeting
and finance, administration and the promotion of officers above
the rank of Assistant Director of Prisons.
(2)
The Prisons Service Council may, with the prior approval of the
President, by constitutional instrument, make regulations for the
performance of its functions under this Constitution or any other
law and for the effective and efficient administration of prisons
and the Prisons Service.
(3) Regulations made under clause (2) of this article shall include
provisions relating to -
(a)
the control and administration of prisons and the Prisons Service;
(b)
the ranks of officers and men of the Prisons Service, the members
of each rank and the use of uniforms by the members;
(c)
the conditions of service including those relating to the enrolment,
salaries, pensions, gratuities and other allowances of officers
and men;
(d)
The authority and powers of command of the officers and men of the
Prisons Service; (e)
the delegation to other persons of powers to discipline persons and
the conditions subject to which delegations may be made; (f)
the parole system and the periodic review of the conditions of prisoners
and all other persons in legal custody at intervals of not more than
one year; (g)
the conditions under which persons may be admitted into prisons; (h)
the making of reports of unjustified treatment of, and cruelty to,
prisoners and persons in legal custody and the manner in which the
reports should be dealt with; (i)
the appointment and composition of welfare committees for prisoners
and discharged prisoners and other persons released from legal custody; (j)
ready access by lawyers to prisoners and other persons in legal custody;
and (k)
such measures, generally as will ensure the humane treatment and welfare
of prisoners and other persons in legal custody, including the provision
of literature and writing material.209
(1) There shall
be established for each region a Regional Prisons Committee which
shall consist of -
(a)
the Minister of State appointed for the region, who shall be chairman;
(b)
the most senior member of the Prisons Service in the region; (c)
a representative of the Attorney-General; (d)
a lawyer practising in the region nominated by the Ghana Bar Association;
(e)
the Regional Director of Health Service; (f)
a medical practitioner in the region nominated by the Ghana Medical
Association; (g)
the Regional Director of Social Welfare; (h)
a representative of the Regional House of Chiefs; (i)
representatives of such religious bodies as the Regional Minister
may deem fit to appoint. (2)
A Regional Prisons Committee shall advise the Prisons Service Council
and the Director-General of the Prisons Service on any matter relating
to the administration of prisons and of the Prisons Service in the
region. |