BORSTAL INSTITUTIONS AND REMAND CENTRES ACT

This Act may be cited as the Borstal Institutions and Remand Centres Act.

In this Act, unless the context otherwise requires-
**"borstal institution"** means any building or place or any part thereof declared to be a borstal institution under section 3 of this Act;
**"Director"** means the Director of Prisons;
**"inmate"** means any person lawfully confined in a remand centre or borstal institution;
'**'Minister''** means the minister of the Federation charged with responsibility for matters relating to remand centres and borstal institutions;
**"prison"** and '**'prison officer"** have the meaning assigned to those expressions in the Prisons Act;
**"remand centre"** means any building or place or any part thereof, declared to be a remand centre under section 3 of this Act.

(1)
[1961 No. 18.]
The Minister may by order declare any building or place situated on land which has been set aside or acquired for the public purpose of the Federation to be-
(a) a remand centre, that is to say a place for the detention of persons not less than sixteen but under twenty-one years of age who are remanded or committed in custody for trial or sentence; or
(b) a borstal institution, that is to say a place in which offenders who were not less than sixteen but under twenty-one years of age on the day of conviction may be detained and such training and instruction as will conduce to their reformation and the prevention of crime,
and by the same or any subsequent order declare the area for which any such building or place shall be used for the purposes of a remand centre or borstal institution.
(2) The Minister may, by order, direct that any building or place declared to be a remand centre or borstal institution under subsection (1) of this section shall cease to be used as a remand centre or borstal institution.
(3) A prison or any part of a prison shall not be deemed to be discontinued as a prison by reason only that it has been declared to be a remand centre or borstal institution under subsection (1).

(1) The President may by regulation prescribe or provide for-
(a) the regulation and government of remand centres and borstal institutions;
(b) the appointment, powers, duties, conduct and disciplinary control of the officers and other persons employed in remand centres or borstal institutions;
(c) the functions and duties of visitors, visiting committees and voluntary visitors;
(d) the classification, treatment, diet, clothing, maintenance, employment, discharge, discipline, instruction and control of inmates;
(e) the release of inmates on parole;
(f) the establishment of after-care associations, that is to say, organisations for the welfare and reformation of persons discharged from borstal institutions;
(g) the form in which any order shall be made;
(h) such matters as are required or permitted by this Act to be prescribed or provided for by regulations,
and generally for the better carrying out of the purposes of this Act.
(2)
Regulations made under subsection (1) of this section may provide that any regulations made under the Prisons Act shall apply in relation to remand centres or borstal institutions as they apply in relation to prisons, subject to such adaptations and modifications as may be prescribed.

(1)
Standing orders made under section 7 of the Prisons Act for the good order, discipline and welfare of prisons, shall apply in relation to remand centres and borstal institutions as they apply in relation to prisons, subject to such adaptations and modifications as the Director may, with the approval of the Minister, make by standing orders, and shall be binding on all prison officers employed in remand centres or borstal institutions.
(2)
Standing orders made under subsection (1) of this section need not be published in the Federal *Gazette.*

The Director shall have the general charge and superintendence of remand centres and borstal institutions in the whole or such part of the Federation as the Minister may direct.

(1) Prison officers may be required to carry out duties in relation to remand centres and borstal institutions.
(2)
Any prison officer so required shall not be deemed to cease to be a prison officer within the meaning of the Prisons Act, by reason only of such requirement.

(1)
The Minister may, after consultation with the appropriate Commissioner of the State concerned, by notice in the Federal *Gazette,* appoint such persons as he may think fit to be visitors in relation to such remand centres and borstal institutions as may be specified in the notice.
(2)
The following shall *ex officio* be visitors-
(a) in relation to all remand centres and borstal institutions in the Federation, the Chief Justice of Nigeria and Justices of the Supreme Court;
(b)
in relation to remand centres and borstal institutions in the area of their jurisdictions only-
(i) the Chief Judges and Judges of the High Courts of the States;
(ii) all District Judges;
(iii) all magistrates;
(iv) all Area Court Judges and presidents of area/customary courts;
(v) all justices of the peace.
(3)
The Minister may, after consultation with the appropriate Commissioner of the State concerned, by notice in the Federal *Gazette,* appoint any visitor or visitors to be a visiting committee in relation to such remand centres and borstal institutions as may be specified in the notice without prejudice to the general right of visitation on the part of other visitors.
(4) Visitors and visiting committees shall perform such functions and duties in relation to remand centres and borstal institutions as may be prescribed.
(5)
The Minister may by notice in the Federal *Gazette* delegate the powers conferred by this section to appoint visitors and visiting committees to the appropriate Commissioner of a State in respect of remand centres and borstal institutions in his State.
(6) The provisions of this section which appoint officers or authorities of States to be visitors shall not come into operation in respect of any State until the President shall have signified in the Federal Gazette the consent of the Governor of the State thereto.

The Director may authorise such persons as he may think fit as voluntary visitors to carry out such functions and duties in relation to remand centres and borstal institutions as may be prescribed.

Except as otherwise provided by this Act, the Prisons Act, shall, subject to such adaptations and modifications as the President may make by regulations under section 4 of this Act, apply in relation to remand centres and borstal institutions and to inmates as it applies in relation to prisons and prisoners.

The Minister shall cause to be provided in remand centres facilities for the observation of any person detained therein on whose physical or mental condition a medical report is required for the assistance of a court in determining the most suitable method of dealing with his case.

If a person detained in a borstal institution is reported to the Minister by the Director to be incorrigible, or to be exercising a bad influence on the other inmates of the institution, the Minister may direct that the said person shall be detained in a prison for such term, not exceeding the unexpired portion of the term for which the said person is then liable to be detained in a borstal institution, as the Minister may determine; and for the purpose of this Act, the said person shall be treated as if he had been sentenced to imprisonment for that term:
Provided that no such report by the Director to the Minister shall be made earlier than six months following the date of the sentence of the person concerned to borstal training.

Subject to the provisions of section 12 of this Act, a person sentenced to borstal training shall be detained in a borstal institution and after his release therefrom shall be subject to supervision in accordance with the provisions of the Schedule to this Act.
[Schedule.]

All fines and forfeitures of pay inflicted upon prison officers carrying out duties in relation to a remand centre or borstal institution for offences against discipline under regulations or standing orders made or applicable under this Act shall be paid into the Prison Offices' Reward Fund established under section 13 of the Prisons Act, to be applied in accordance with the provisions of that section.