Capital Punishment Amendment Act 1871 (WA)

34 VICTORIjE. No. 15

Capital Punishment

WESTERN AUSTRALIA

ANNO TRIGESIMO QUARTO

VICTORLE REGINE

No. 15

An Act to provide for carrying out of Capital Punishment

within Prisons. [Assented to 2nd January, 1871.

HEREAS it is expedient that capital punishments should be

carried into effect within prisons : Be it enacted by His

Excellency the Governor of Western Australia and its Dependencies,

by and with the advice and consent of the Legislative Council thereof,

as follows :--

1. This Act may be cited for all purposes as ' The Capital Punish- Short title

ment Amendment Act 1871;

2. Judgment of death to be executed on any prisoner sentenced Ru/gment of

after the passing of this Act on any information, indictment, or inquisi- cords within

tion, shall be carried into effect within the walls of the prison, in which orals of prison

the offender is confined at the time of execution.

3. The Sheriff charged with the execution, and the Gaoler and Sheriff, ate., to

Peace, Minister of Religion, and such relatives of the prisoner, or other persons, as it seems to the Sheriff or the Visiting Justices of the prison proper to admit within the prison for the purpose, may also be present at the execution.

Surgeon of the prison, and such other officers of the prison as the be Prese"t

4. As soon as may be after judgment of death has been executed Surgeon to

on the offender, the Surgeon of the prison shall examine the body of ,'„a it' l'`„t,„

the offender, and shall ascertain the fact of death, and shall sign a to be s: fhned by rd

certificate thereof, and deliver the same to the Sheriff. The Sheriff, Shut ' "

and the Gaoler, and such Justices and other persons present (if any) as

the Sheriff requires or allows, shall also sign a declaration to the effect

that judgment of death has been executed on the offender.

5. The Coroner of the district in which the prison is situate wherein Coroner's in- judgment of death is executed on any offender, shall, within twenty- queston body four hours after the execution, hold an inquest on the body of the

offender, and the jury at the inquest shall inquire into and ascertain the identity of the body, and whether judgment of death was duly executed on the offender ; and the inquisition shall be in duplicate, and one of the originals shall be delivered to the Sheriff. No officer of the prison, or prisoner confined therein, shall in any case be a juror on the inquest.

6. The Colonial Secretary shall from time to time make such rules Poorer of

and regulations to be observed on the execution of judgment of death t.3°401",Insar

in every prison as he may from time to time deem expedient for the /t ies, cc., to be

purpose, as well of guarding against any abuse in such execution as et.7„Trol„°,,"i

34 VICTORI/E. No. 15

Capital Punishment

judgment of	also of giving greater solemnity to the same, and of making known
death	without the prison walls the fact that such execution is taking place.
Such nibs to he	7. All such rules and regulations shall be laid upon the table of the Legislative Council within six weeks after the making thereof, or if the Legislature be not then sitting within fourteen days after the next meeting thereof.
laid before the
Legislature
Penalty for sign-	8. If any person knowingly and wilfully signs any false certificate or declaration required by this Act, he shall be guilty of a misdemeanour, and on conviction thereof shall be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.
ing false certifi-
cate, Sze.

Certificate, &c.,	9. Every certificate and declaration and the duplicate of the inqui-
to be sent to

Colonial Secre-	sition required by this Act, shall in each case be sent with all conve-
hibited on or
tary, and ex-	nient speed by the Sheriff to the Colonial Secretary, and copies of the
near entrance to	same several instruments shall, as soon as possible, be exhibited, and
prison	shall for twenty-four hours at least be kept exhibited on or near the principal entrance of the prison within which judgment of death is executed.
Provisions as to	10. The duties and powers by this Act imposed on or vested in the or other lawful deputy acting in his absence and with his authority, and any other officer charged in any case with the execution of judg- ment of death. The duties and powers by this Act imposed on or vested in the Gaoler of the prison may be performed by and shall be vested in the Deputy-Gaoler (if any) acting in his absence and with his authority, and (if there is no officer of the prison called the Gaoler) by the Governor, Keeper or other chief officer of the prison and his deputy (if any) acting as aforesaid. The duties and powers by this Act imposed on or vested in the Surgeon may be performed by and shall be vested in the Chief Medical Officer of the prison (if there is no officer of the prison called the Surgeon).
(tidies and
powers of Sheriff,	Sheriff may be performed by and shall be vested in his Under- Sheriff
&e., extended
Pores in	11. The forms given in the Schedule to this Act, with such varia- tions or additions as circumstances require, shall be used for the respective purposes in that Schedule indicated and according to the directions therein contained.
Schedule

Saving ease as	12. The omission to comply with any provision of this Act shall
to legality of

execution

not make the execution of judgment of death illegal in any case where

such execution would otherwise have been legal.

General saving

13. Except in so far as is hereby otherwise provided, judgment of death shall be carried into effect in the same manner as if this Act had not been passed.

FREDK. A. WELD,

GOVERNOR AND COMMANDER-IN-CHIEF.

34 VICTORLE. No. 15

Capital Punishment

THE SCHEDULE

CERTIFICATE OF SURGEON

I, A.B., the Surgeon [or as the case may be] of the [describe prison] hereby certify that I this day examined the body of CD., on whom judgment of death was this day executed in the [describe same prison], and that on that examination I found that the said C.D. was dead.

Dated this day of 18 .

(Signed) A.B.

DECLARATION OF SHERIFF AND OTHERS

We, the undersigned, hereby declare that judgment of death was this day executed on C.D. in the [describe prison], in our presence.

Dated this day of 18 . Signed, B.F., Sheriff.

L.M., Justice of the Peace.

G.H., Gaoler of

gen, &c.