Child Welfare (Amendment) Act 1955 (NSW)

CHILD WELFARE (AMENDMENT) ACT.

Act No. 14, 1955.

An Act to amend the Child Welfare Act, 1939, and certain other Acts in certain respects ; and for purposes connected therewith. [Assented to , 13th April, 1955.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Child Welfare (Amendment) Act, 1955." (2)

(2) The Child Welfare Act, 1939, as amended by subsequent Acts and by this Act, may be cited as the Child Welfare Act, 1939-1955.

2. The Child Wel fa re Act, 1939, as amended by

subsequent Acts , is amended—

(a)	by omit t ing from p a r a g r a p h (b) of subsection one of section twelve the words " o r other offence punishable by d e a t h " and by inser t ing in lieu thereof the words " o r an offence punishable by dea th or pena l servi tude for l i f e " ;
(b)	by omitting from subsections two and three of section eighty- three the words " o r o ther offence punishable by d e a t h " and by inser t ing in lieu thereof the words " o r an offence punishable by
death or pena l servi tude for l i f e " ;
(c)	by omitting from subsection one of section eighty-six the words " o r o ther offence punish­ able by d e a t h " and by inser t ing in lieu thereof the words " o r an offence punishable by dea th
or penal servi tude for l i f e " ;

(d) (i) by omit t ing subsection one of section eighty-

seven and by inse r t ing in lieu thereof the

following subsect ions:—

(1) W h e r e a child or young person upon his

t r i a l has pleaded gui l ty to , or has been convicted

of homicide, r ape or an offence punishable by death or penal servi tude for life, the judge shall sentence him according to l a w :

P rov ided	tha t—
(a)	where a child or young person has pleaded guil ty to, or has been convicted of murde r , sentence m a y be passed in all respects as though section nineteen of the Crimes Act, 1900, as amended by

subsequent

subsequent Acts , did not contain a provis ion excluding the appl icat ion of section four hundred and forty-two of tha t Act in respect of the sentence to be passed under the said section n ine teen;

(b) sentence of death shall not be pro­ nounced on or recorded agains t a person under the age of eighteen years , but in lieu thereof the judge shall, unless he exercises the discret ion conferred by subsection one of section four hundred and forty-two of the Crimes Act, 1900, as amended by subsequent Acts (which subsection is hereby declared to be in force wi th respect to the sentence re fe r red to in this p a r a g r a p h ) , sentence him to penal servi tude for life.

The provis ions of the above proviso apply where the person indicted is over the age of eighteen yea r s if, a t the t ime of the commission of the offence, the person indicted had not a t ta ined the age of eighteen years .

(1A) W h e r e a child or young person upon his t r i a l has pleaded guil ty to, or has been convicted of any indictable offence, other than an indictable offence mentioned in subsection one of this section, the judge m a y exercise any of the powers of a chi ldren 's court enumera ted in

him according to law, and in the l a t t e r case may section eighty-three of this Act, or may sentence	direct t ha t the child or young person be detained
in an inst i tut ion for the per iod specified in the sentence.
(ii) by omitting from subsection two of the same section the words " o r other offence punish­ able by d e a t h " and by inser t ing in lieu thereof the words " o r an offence punishable

by death or penal servi tude for l i f e ' ' ;

(e)

(e)	by inserting in subsection one of section ninety- four after the words "sentence of" the words
"penal servitude o r " ;
(f)	by omitting section one hundred and twenty- seven.