Gaols Acts Amendment Act 1902 (WA)

aCeztern Cattotratta.

ANNO PRI iNIO ET SECUND 0

EDWARD' VII. REGIS.

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No. III.

AN ACT to provide for the establishing of Lock-ups as Police Gaols, and to amend the law relating to Gaols, Prisons, and Houses of Correction.

[Assented to, 19th February, 1902.]

DE it enacted by the King's Most Excellent Majesty, by and

with the 'advice and consent of the Legislative Council and

Legislative Assembly of Western Australia, in this present Parlia-

ment assembled, and by the authority of the same, as follows :—

L THIS Act may be cited as the Gaols Acts Amendment Act, Short title and

1902, and shall be read and construed as one with Acts 12 Victor*

incorporation of 12

Vict., No. 7, 21

No. 7, 21 Victor* No. 12, and 58 Victor* No. 10.

Vict., No. 12, and 58

Vict., No. 10.

2. THE Governor may, by notice in the Government Gazette, Lock-ups may be

declare any lock-up, or place used for the reception or detention of

proclaimed as police

accused persons before trial, to be a police gaol, and thereupon

gaols.

such lock-up or place shall be a police gaol within the meaning of

this Act.

1° & 2° EDWARDI VII., No. 3.

Gaols Act—Amendment.

3.   (i.) ANY Court or person having jurisdiction to commit

Court may commit

to police gaols for	ally person to gaol or prison or to a house of correction for
terms not exceeding	imprisonment with or without hard labour may, subject to the next
three calendar
months instead of to	subsection, commit such person to and direct his sentence to be
public gaols, etc.	served in a police gaol.
. (2.) No person shall be committed to a police gaol whose sentence exceeds three months.

( 3 .) This section shall apply to any person committed for

contempt of Court should the Court so direct.

Sheriff to have con- 4. IN relation to all persons imprisoned in a police gaol under

trol of persons com-

the last preceding section, such police gaol shall for all purposes be

mitted to police

deemed a public gaol or prison, and the Sheriff shall, subject to the

gaols.

control of the Governor, have the charge, care, and direction of all

such persons.

5. IN section two of the Colonial Prisoners Removal Act, 1894,

Reference to sectio

2 of Act of MI. the word " gaol " shall include a police gaol.

Keepers of police 6. (1.) KEEPERS of police gaols and their assistants, and all

gaols to be ap-	other persons required and employed for the safety and care of such
pointed and to
retain office in the	gaols, shall be nominated and appointed in accordance with section
same manner and	three of 12 Victorim, No. 7, and shall hold and retain their respective
on same conditions
as keepers of public	offices on conditions similar to those on which keepers of public gaols
gaols.	and their assistants, and other persons employed therein, hold and retain office, and shall en j oy the same privileges, immunities, per- form the same duties, and exercise the same powers in relation to persons imprisoned as aforesaid in police gaols.
(2.) Any keeper, assistant, or other person appointed under this section may, in addition to his duties as such, be a keeper of or an assistant or person employed in a lock-up.

Sheriff to be deemed 7. UNTIL the appointment of a keeper of any police gaol, and

keeper of police

during any vacancy in the office, the Sheriff shall be deemed to be

of habeas corpus

gaols for purposes

the keeper of such police gaol for the purposes of any application

during vacancies in

for a writ of habeas corpus or other proceedings to obtain the dis-

office of such keeper.

charge from custody of any person committed to or imprisoned in

any police gaol under section three.

Police gaols still to8. NOTWITHSTANDING that any lock-up or place as remain lockups. aforesaid is declared a police gaol, the same shall continue to be and

to be used as a lock-up for any purpose for which the same might have been or was used before such declaration ; and in relation to all accused persons from time to time in custody therein awaiting trial, the same shall for all purposes be deemed a lock-up only.

1° & 2° EDWARDI VII., No. 3.

Gaols Act—Amendment.

(i.) THIS Act shall not affect the immediate control of the Commissioner of Police over lock-ups which are declared to be

Commissioner of

Police to retain

police gaols, and over the management of the same and the officers

immediate control

employed thereat, so far as such control and management and

of lock-ups.

officers relate to accused persons before trial, and the use and

management of the police gaol as a lock-up.

(2.) Any question arising out of any conflict or apparent conflict of the respective powers and authorities of the Sheriff and

Any question

between Sheriff and

the Commissioner of Police in relation to any lock-up or police gaol,

decided by ColonialCommissioner to be

or in relation to any person employed thereat or confined therein,

Secretary.

shall b6 decided by the Colonial Secretary.

9.

(r.) EVERY period of time during which a prisoner shall be away from lawful custody and restraint, without lawful permission

Time during every

period which

prisoners unlaw-

or excuse, shall be included in computing the unexpired amount of

fully at large to be

such prisoner's sentence, and every such prisoner shall serve the full

excluded in com-

term of his sentence as if such periods of time had been originally

puting sentences.

added to and formed part of his sentence.

10.

(2 .) Except as aforesaid, this section shall not affect such

prisoners liable to be punished by further imprisonment or otherwise,

for breaking gaol or otherwise being away from lawful custody.

(1.) ALL laws and regulations affecting the discipline and conduct of persons sentenced to penal servitude or imprisonment,

Prisoners sentenced

within gaols for

breaches of prison

and all penalties for breaches of or offences against such laws and

regulations to

regulations, shall bind and affect such persons until de Pao released

undergo punish- ment so ordered

from custody.

notwithstanding expiry of original

11.

(2.) Any person who, before being actually released as afore- sentence.

said, does any act or thing which would, if committed by a prisoner whose sentence was unexpired, render such prisoner liable to any punishment whatsoever, under any such law or regulation, shall be liable to receive and undergo within the gaol, prison, police gaol, or house of correction in which such person is incarcerated, the same punishment as if his sentence or sentences had remained unexpired at the time he did such act or thing.

(3.) A prisoner who is charged with any breach of or offence against any such law or regulation, and whose sentence expires within ten days of such charge and before the same can be heard, shall continue in custody until the same has been heard and the punish- ment awarded (if any) undergone.

(4.) A prisoner who is sentenced to or undergoing any punishment for a breach of any such law or regulation at the time the sentence on which he was incarcerated expires shall nevertheless undergo or complete such punishment as the case may be.

1° & 2° EDWARDI VII., No. 3.

Gaols Act—Amendment

(5.) A prisoner within the operation of this section shall,

until entitled to be released, be treated as if his original term of

imprisonment were unexpired.

12.

ANY guard, gaoler, warder, police officer, constable, or sentence of death or penal servitude or imprisonment for any term, may fire upon any such prisoner while attempting to escape from any prison or from any road-party or other place of work, or while attempting to assault any guard, gaoler, warder, police officer, police constable, or other person aforesaid, or any other prisoner : Provided that such firing shall appear to be necessary to prevent the escape of such prisoner, or, as the case may be, that the assault committed or attempted by such prisoner was of a character apparently dangerous to the life or likely to cause bodily harm to the person assaulted or threatened.

Guard, etc., may fire

on prisoner in	other person lawfully charged with the custody of any prisoner under
certain cases.

IN any regulation made or to be made under the Ordinance where the term gaoler is used, such term shall be read, unless the context forbids, as including the superintendent of any gaol, prison, or house of correction.

Regulations to in- 13.

clude superinten-	12 Victoriae, No. 7, or any Act or Ordinance amending the same,
dent of prisons.

Debtors may be14. COMMITMENTS under the provisions of the Debtors Act,

committed to police 1871, may be made to any public gaol, prison, or house of correction, gaol. or police gaol, and the powers conferred upon the Governor to

remove prisoners from any gaol, prison, house of correction, or police gaol may be exercised in relation to persons committed under the said Act.

15.     ANY prisoner charged with any offence not being the

Prisoner charged

with any other	offence for which he is then in custody may, upon an order made by
offence may be	the Judge of the Court or the Justice or Justices before whom such
brought up on
order.	charge is to be tried or heard, be brought up to answer such charge
without a writ of habeas corpus.

16.     WHEN any person is detained in any gaol under sentence

Person in custody

required to give	or awaiting trial, or on remand for any offence, or for any other
evidence may be	lawful cause, and an inquiry, inquest, or inquisition is pending before
brought up on
order.	a coroner at which it is deemed necessary that such person should be present, the coroner or deputy coroner before whom such inquiry, inquest, or inquisition is to be held may issue an order directing the attendance of such person at a time and place to be mentioned in the order.

I° & 2° EDWARDI VII., No. 3.

Gaols Act—Amendment.

17. EVERY person brought up under any order issued under Persons brought up

either of the two preceding sections shall be deemed to be in the as aforesaid to be

legal custody of the police constable, gaoler, or the of ficer having ret urned	to custody.
the temporary custody of such person and acting under such order, who shall in due course return the person into the custody from which the person shall have been so brought up.

In the name and on behalf of the King I hereby assent

to this Act.

ARTHUR LAWLEY, Governor.

By Authority : WM. ALFRED WATSON, Government Printer, Perth,