Article 47 Substitution of rule 118 of the principal Rules

For rule 118 of the principal Rules (medical examination prior to transfer or release) there is substituted the following rule:–

“Medical assessment prior to transfer or release

118

(1)

A medical officer shall assess every prisoner within a period of 7 days before the time when he is due to be released from prison.

(2)

The form of an assessment shall be a matter for the judgment of the medical officer and may include any physical examination as he considers appropriate.

(3)

Without prejudice to paragraph (1), a medical officer shall–

(a)

examine the medical records of any prisoner who is receiving medical treatment or is for the time being under his supervision; and

(b)

where he considers it necessary, or where a request for medical assistance has been made by a prisoner, examine the prisoner,

before that prisoner is taken from prison to any place or released from prison.

(4)

No prisoner as mentioned in paragraph (3) shall be taken from prison to any place (other than a hospital in an emergency) unless a medical officer has certified that he is fit to travel.

(5)

Subject to paragraph (6), no prisoner as mentioned in paragraph (3) who is due to be released shall be discharged from prison unless a medical officer has certified that he is fit to travel.

(6)

Paragraph (5) shall not apply where the prisoner does not consent to remain in prison after the time he is due to be released.”.