First Offenders Probation Act of 1894 (NSW)
No. XXIII.
An Act to amend the Criminal Law so far as regards the punishment of persons convicted of First Offences, and persons undergoing imprisonment or penal servi- tude. [1st June, 1894.]
\ \ r i l E R E A S there is reason to believe that many offenders might \ \ be induced to reform if, instead of being committed to prison
on their first conviction, an opportunity of reformation were afforded them, and it is expedient to amend the law so far as to allow of such opportunity being afforded : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. This Act m a y b e cited as the "Eirs t Offenders Probation
Act of 1891."
p 2. 2. I n th is Act , unless t he con tex t otherwise indicates, t h e
following t e rms have the mean ings set aga ins t t h e m respectively ( tha t is to say) :—
" C o u r t " — T h e Supreme Cour t , Qua r t e r Sessions, or any Jus t i ce or .Justices by or before whom a person is convicted.
" Minor offence " — A n y offence punishable on s u m m a r y conviction before any Jus t i ce or Just ices , wi th or wi thout the consent of t h e accused person, or any offence, of whatever na tu r e , which in t h e opinion of the Cour t is one to which the provisions of th is Ac t should be applied.
" Offender"—A person convicted of a minor offence.
3. W h e n a person is convicted of a minor offence, no t hav ing been previously convicted in New South Wales , or elsewhere, in so far as is known to the Court , of an indictable offence, and is sentenced upon such convict ion to penal servi tude or imprisonment , t he following provisions shall have effect:—
(i) The Court shall proceed to pass sentence upon the offender in t he usual form.
(II) The Court may, if it t h inks fit, suspend the execut ion of the sentence upon the offender en te r ing in to a recognizance with or wi thout sureties in such a m o u n t as t he Court directs , such recognizance being condit ioned t h a t t he offender shall be of good behaviour for a period from the date of the sentence equal to the t e rm of the sentence, or if the t e rm of t he sentence is less t h a n twelve mon ths , t hen for the period of twelve mon ths , and shall not du r ing the l ike period do or omit t o do any act whereby the recognizance would become liable to be forfeited under t he provisions hereinaf ter contained.
(III) W h e n such recognizance is entered into t he offender may be removed to such gaol or other place as t h e Court m a y deter mine , and there for thwith submi t t ed to the examinat ion cus tomary for securing fu ture identification. B u t detent ion for th is purpose shall no t exceed t h e t e r m of forty-eight hours , and the offender shall t he reupon be discharged from custody, b u t shall be l iable to bo arrested by any of t h e Peace Officers and to be commi t t ed to prison, unde r a war ran t issued for t ha t purpose by any Cour t or Ju s t i ce of the Peace, to perform his sentence, if dur ing the period specified in t he recognizance any of the conditions hereinafter specified happens wi th respect to him, and wr i t t en not ice shall upon his d ischarge be given to t h e offender, signed b y the Clerk or other officer of the Court , specifying the condit ions unde r which the offender will become liable to be so com
mi t t ed to prison. (iv) When an offender is so committed to prison, the sentence shall begin to r u n from the date of such commit ta l , b u t t h e t e r m of the sentence shall not ex tend beyond the period specified in the recognizance, and at the expira t ion of t h a t period the offender shall bo ent i t led to be discharged. 4. If the offence of which a person is convicted has relat ion to p roper ty or is an offence agains t the person, t h e Court may , if i t th inks lit, upon suspending the execut ion of the sentence as hereinbefore provided, order t h e oil'ender to m a k e res t i tu t ion of t he proper ty in respect of wh ich the offence was commit ted , or to pay compensat ion for the in ju ry done to such proper ty , or compensat ion for t h e in jury done to t he person injured, as t he case m a y he, and may assess t h e a m o u n t to be paid by the offender in any such case, and m a y direct w h e n and to whom and in wha t ins ta lments the a m o u n t ordered to he paid shall be paid. Every such order may lie enforced by any Jus t ice in
t h e
t h e same m a n n e r as orders made by Jus t ices upon s u m m a r y convictions. The Cour t m a y also, if it t h i n k s lit, require t he offender to give secur i ty for t he performance of a n y such order, and m a y m a k e t h e d ischarge of t he offender from custody condit ional upon such securi ty
| be ing | given. | |||
|
shall , once, a t least, in every th ree m o n t h s d u r i n g the period specified in t h e recognizance, repor t his address and occupation to t he Pr inc ipa l Officer of Police a t t h e place in which he was convicted, or a t such other place as the Inspec tor -Genera l of Police m a y appoin t . Such report may be m a d e e i ther by t he offender personally a t t end ing at t h e place aforesaid, or b y post le t te r s igned by h i m and addressed to t h e Pr incipal Officer of Police a t t h a t place, unless in any case t h e Colonial Secretary directs t h a t t he repor t shall be made by t h e offender personally, in which case i t m u s t be made in t h a t mode only.
6. If, du r ing t h e period specilied in t he recognizance an offender
| so | d ischarged,— |
(i) Is proved to any Justice to have failed to report his address and occupation to the person at the t imes, and in t h e m a n n e r prescribed by the last preceding section ; or
(II) On his being charged by an Officer of Police wi th ge t t ing his l ivelihood by dishonest means , and, being b r o u g h t
before
a n y
Jus t ice , it appears to such Jus t i ce t h a t t he re arc reasonable
g rounds for bel ieving t h a t he is ge t t ing his livelihood by dishonest m e a n s ; or
(III) On be ing charged w i t h an offence punishable on ind ic tment
or s u m m a r y conviction, and on be ing requi red by the J u s t i c e or Jus t i ces before w h o m he is charged, to give his n a m e and address he refuses to do so, or gives a false n a m e or a false
a d d r e s s ; or ( I V ) He is convicted of any offence aga ins t t he A c t of t he Governor and Legislat ive Council of New South Wales , passed in t h e fifteenth year of Her Majes ty ' s re ign, and n u m b e r e d
four, ent i t led " An Act for the more effectual prevention of
Vagrancy, and for the punishment of idle and disorderly
Persons, Rogues, and Vagabonds, and incorrigible Rogues, in the Colony of New South Wales," or is convicted of any indic table offence, or of any offence pun ishab le on s u m m a r y conviction, and for which impr i sonmen t for a period
exceeding one m o n t h m a y be imposed,
t h e n and in any of such cases t h e Jus t i ce or Jus t i ces before which such proof is given or before which t h e offender is so charged or convicted, m a y forfeit the recognizance and direct h i m to be commi t t ed to prison to perform his sentence as aforesaid, or so m u c h thereof as r emains to be performed under t he provisions hereinbefore contained, and he shall be so commit ted accordingly ; and the Jus t i ce or Jus t ices m a y g ran t any necessary w a r r a n t for his commit ta l . B u t if, du r ing the period aforesaid, none of t he aforesaid events happen , he shall be discharged from the sentence, and t h e conviction on winch the sentence was imposed shall no t on a n y subsequen t conviction agains t h i m bo deemed to be a previous conviction for the purposes of any Ac t u n d e r which a grea ter p u n i s h m e n t may be inflicted upon a person who has been previously convicted.
No X X I V .
0
0
0