labour in pursuance of a sentence to such punishment by a competent court; (c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include: (i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; IMPLICATIONS It is important that prisoners be made aware of all the rules and regulations which affect them in prison. If a prisoner then commits a breach of prison discipline, his or her case should be heard under a set of procedures which have been publicized in advance. If found guilty, the prisoner may be subjected to a range of punishments which will be laid down in the same set of procedures. The principles of natural justice must be applied to disciplinary procedures in the prison setting. These include the rights to know the charge which one is facing and who is making the charge, to present one's defence and to question witnesses. The involvement of medical officers (doctors) in certifying that prisoners are fit for punishment is a sensitive issue. Their primary relationship with any prisoner is that of doctor to patient. They should not play any role which could be interpreted as taking a part in the imposition of punishment. PRACTICAL RECOMMENDATIONS ■ In each prison or place of detention there should be a published list of acts which constitute breaches of discipline. All prisoners should have access to this list. ■ It is important that the system of punishment in prisons is formalized and is understood by both staff and prisoners. This system should usually include each of the following elements: - The head of the prison should hear the case in the presence of the prisoner and the member of staff who is making the charge. - The prisoner should be told in advance what the charge is. - The prisoner should be given time to prepare his or her defence and be given the opportunity to present it at the hearing. - The prisoner should be allowed to question the officer presenting the case and to call his or her own witnesses. - In complex cases, the prisoner should be allowed legal representation. - The prisoner should have the right to appeal to a higher authority. ■ Staff should not be permitted to exercise any form of informal punishment. TOPICS FOR DISCUSSION What measures should be taken to ensure that all prisoners, even those who are in prison for a short time, are fully aware of the disciplinary procedures in the prison? 93