Habitual Criminals Act 1870 (SA)

ANNO TRICESIMO TERTIO ET TRICESIMO QUARTO

VICTORIm REGIN-B.

A. D. 1870.

No. 9.

An Act for the more efectzcat Preve?ztion of Crime.

[Assented to, 21st September, 1870.1

HEREAS it is expedient to make further provision for the Prean~ble.

W suppression of crimes committed by habitual oRendem-Be it	therefore Enacted, by the Governor of the Province of South Aus-
tralia, with the advice and consent of the Legislakive Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited as the Habitual Criminals Act, 1870." short title.

2. I n this Act the term "Court" includes any Justice or Justices ncfinition oftenns.

of the Peace, or other person or persons having jurisdiction in the matter to which the term rcfers; the word a Magistrate" shall mean Stipendiary Magistrate; the words Inspector of Police" shall mean an Inspector of either foot police or horse police, and shall be deemed

to include the Cornmissioncr of Police.

3. Where any person is convicted on indictment of any offence Pclaon twice gvilty of felan t o be sub-

jec,,o, Tl eauperriaion addition to any other punishment which may be awarded to him, it shall be deemed to bc part of the sentence passed upon him, unless otherwise declared by the Court, that he is to be subject to the supervision of the police as hereinafter mentioned for a period of m e n years, or such less period as the Court shall direct, commencing

specified in the First Schedule hereto, and he be proved to have

been previously convicted of any offence specified in the said ofthepolice.

L from

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I&-&itz~nl Criminn7s Act.-1870.

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from the time at which he is convicted, and exclusive of the time during which he is undergoing his punishment. Where any person is subject, in pursuance of this Act, to the supervision of the police, he shall be guilty of an offence punishable (on summary couviction before two or more Justices or a Magistrate) with imprisonment, with or without hard labor, for a term not exceeding one year, under the following circurnstanccs, or any of thcm :-

Firstly-If, on his being charged by a constable or police officer, with getting his livelihood by dishonrst means, he fails to rmke it appear to the Justices or Magistrate before whoin lic is brought that he is not getting his livelihood by dishonest means:

Secondly--If he is found by any constable or police officer in any

place, whether public or private, mder such circumstances as to satisfy the Justiccs or Magistrate before whom he was brought

that he was about to commit or to aid in the coniinission of any

crinle punishable on sumrnniy conviction or indictment, or was waiting for an opportunity to commit or aid in the commission of any such crime:

Thirdly-If he is fbui~cl by any pcrson in or upon any dwelling-house,

or any building, yard, or premises being parcel of, or attached to such building or dwelling-house, or in or upon any shop, warehouse, counting-house, or other place of business, or in any garden, orchard, pleasure gronnd, mlrsery ground, or sncloscd bind, beiiig private property, without b ~ i n g able to account to the satisfaci.ion of the Justices or Rfagistmte before whom he is brought for his being found on wch premiscs:

Any person charged with being guilty of' any offtmce punishable

m summary conviction under this section may be taken into custody

by any constable or police officer without man'an t; or m y, if chrgcd with being guilty of an offencc colnmitted undcr the circulnlstances thirdly hcreinbeforc mentioned or any of thcm, be apprchcnded by

thc owner or occupier of the property on which he is fbuizd or by

the servants of thc owner or occupicr, or by any other person authorized by the owner or occupicr, and may be detained until he

can be delivered into the custodjT of a constable or police officer for

the purpose of being brought before Justices or Magistrate: Provided that no person shall be so taken into custody on the ground that he is suspected of getting his livelihood by dishonest means, except under a written authority from an Inspector of Police. When a person is convicted tinder this section of an offence, which snbjects him to the supervision of the police, the record of his con- viction shall contain a statement to the effect that he is subject to the supervision of the police, in pursuance of this Act, for a period of years to be therein named, commencing from the date of his convic- tion, and exclusive of the time during which he is undergoing his pun- ishment, or words to the like purport, but the omission of any such statement shall not exempt any person from the operation of this section.

Penalty for harborh	4.	Every person who occupies or keeps any lodging house, public-
shieves, &c.

house,

33" rSz: 34" VICTOR12i3, No. 9. 37

Ilabifunl Cr iminnls A c t. 1 8 7 0.

house, wine shop, or othcr place where spirituous liquors are sold, or place of public entertainment or public resort, and knowingly lodges or harbors thieves or reputed thieves, or linowingly permits or suffers thcm to meet or asscinble therein, or allows thc deposit of goods therein, having reasonable cause for believing them to bc stolen, shall be liable, on summary conviction, to a yendty not exceeding Tcn Pounds, and the Justiccs or hIa,oistrate before wlvllom he is brought may, if they or he think fit, in addition to or in lien of any penalty, rcquire him to enter into recognizanccs with or without sureties for lrecping the peace or being of good behaviour during twelve

munths: Providcd

Firstly-That no person ~11:tll be imprisoned for not finding sureties

in ~ u x a m x c of this section for a longer period than three

months:

Sccondly-Thc securitr recyuirei-2 from a surety shall not exceed

twenty pounds:

,4nd any licence for the sale of any spirituoua liquors which has Lcen grantcd to the occupier or Beeper of any such housc or shop shdl be forfeited on his first conviction of an offence under this scction, and on his second conviction of sucll an offence he shall be disqmlificd for a period of two years from holding or receiving any snch licence; moreover, ~vliere two convictions undcr this section have taken place within a period of two years in respect of' the same prc- mises, whether the persons convicted were or were not the same, the Jnsticcs or Magistrate may, if they or he so think fit, direct that for a term not cxcccding one year from the date of the last of such con- victions no such h e n c c as nforcsaid shall hc granted to any person whatever in respect of such premises; and any licencc grantcd in

contravention of this section s l d l be void.

5. Whcru any person, who, either befwe or after the passing of , " ~ ~ e: ' f ~ e ? ~;

this Act has bccn previously coilvicted of any offcnce spccificd in the stoicn roods.

First Schedule hekto, and Yil?~rolvina fraud d;r dishonesiv, is found in

, , d,

the possession of stolen goods, cvidencc of such previous coilviction shall he admissable as evidence of his knowledge that such goods liave becn stolen, and on proof of such previous conviction he shall

be decmcd to have known such goods to have been stolcn until he

has proved the contrary; and in any proceedings that may be taken a~ainst him as receiver of stolen goods, or otherwise in relation to

his having been found in possession of snch goods, proof may be

given of his previous conviction before evidence is given of his having bccn found in possession of such stolen goods: Provided that not less than seven days' notice shall be given to such person that proof is intcndcd to be givcn of his previous conviction, and that he will be deemed to have known such goods to have been stolen until he has proved the contrary. Moreover, where pro- ceedings arc taken against any person for having in his possession stolen goods, evidence may be given that thcre wcre found in the possession of such person other goods stolen within the preceding

period

33" & 34" VICTORIB, No. 9.

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Habitual C~in~i?tuls Act.lt370.

period of twelve months, and such evidence may be taken into con- sideration for the purposc of proving that such person knew the goods to be stolen which form the subject of the proceedings taken against him. Any constable or police officer may, if authorized so to do in writing by an Inspector of Police, enter any house, shop, warehouse, yard, or other premises in search of stolen goods, and make such search and seize and securc any property he may believe to have been stolen, in such manner as he would be authorized to do if he had a search warrant, and the property seized, if any, corres- ponded to the property described in such search warrant: Provided that in every case in which any property is seized, the person on whose premises it was at the time of seizure, or the person from whom it was taken if other than the person on whose premises it was, shall, unless previously charged with receiving the same knowing it to have been stolen, be summoned within three days before a Justice of the Peacc or Magistrate to account for his possession of such property, and such Jnstice or Magistrate shall make such orc-ler respecting the disposal of such property as the justice of the case may require; and it shall be lawful for any Inspector of Police to give such authority as aforesaid in the following cases :-

Firstly-When such premises are at, or have been within eightcen

months of, the time of such search in the occupation of aqy person who has been convicted of receiving stolen property or of harboring thieves:

Secondly-Vhen such premises are at the time of such scarch i11

the occupation of any person who has bcen convicted of any offence involving fraud or dishonesty and punishable by penal servitude or imprisonment; and it shall not be necessary for such Inspector of Police in giving such authority to specify any. particular property, but he may give such authority if he has reason to belicve generally that such premises are being made a receptacle for stolen goods.

Power to remand,	6. Any person accused of an offence punishable on summary con- viction under this Act may bc remandcd from time to time by the Justices or Magistrate before whom he is brought for the purposc of
enabling evidence to be obtained against him, or for any other just
cause.
Forms in Ecbedule.	7. The forms set forth in the Second Schedule of this Act, or forms as near thereto as circumstances admit, may be used in all matters to which such forms refer, and when used shall be deemed to be valid and sufficient in law.

I n th? name and on behalf of the Queen, I hereby assent

to this Act.

JAMES FERGUSSON, Govcmor.

FIRST

33% 3 4 O VICTOR812E, No. 9.

Habitual Criminccls Act .1870.

FIRST SCHXDULE.

Any felony, or the offence of uttering false or counterfeit coin, or of possessing ~ounterfeit gold or silver coin, or the offence of obtaining goods or money by false pretences, or the offence of conspiracy to defraud.

SECOND SCHEDULE.

, a police officer in the Province of South Australia, and to the

1 keeper of the in the said Province.

Whereas A. B., being a person subject by the provisions of the "Habitual Criminals 9c t, 18'70," to the supervision of the police, has been taken iuto custody by C. D., a constable, and brought this day before us, the undersigned, two of Her Rlajesty's Justices of the Peace in and for thc Province of South Australia, and charged bcfore us, upon the oath of the said C. D., taken bcfore us in the presence and hearing of the said A. B. [with being suspcctcd by thc said C, D. of getting his livelihood by dishonest means] or [with being found by the said C. D. in 9 under such circumstances as to give rise to suspicion that the said A. B. was about to commit or aid in the comnlissioa of a crime punishable on summary conviction or indictment] that is to say o r [waiting for an opportunity to commit or aid in the commission of a crime punishable on summary conriction or indictment] that is to say or [with being found by in or upon a dwelling-house, or building, or yard, or premises, being parcel of or attached to a dwelling-house, or in or upon a shop, warehouse, counting-house, or other place of business, or in any garden, orchard, pleasure ground, nursery ground, or enclosed land, being private property, the said A. B. not being able satisfactorily to account for his being found

on the said 7 we the said Justices do, in pursuance of the above-recited Act,	convict the said A. B. of the said offence, and adjudge that the said A. B. for the
said offence shall be imprisoned in, and there kept to hard labor for the
s p a ~ e of : These are therefore to command you the said constable, to take
the said A. B. and him safcly to convcy to the aforesaid, and there to deliver him to the keeper thereof, together with this precept; and we do hereby command you, the said keeper of the said, to receive the said A. B. into your cusiody, in the
>..aid , there to imprison him and k m p him to lmrd lnbor for the space of

Given under our hands and seals at , in the Province of South Australia,

this day of , A.D. 18 .

, a constable of the said Province of South Australia, and to the

keeper of the

TVhereas A. B, has been this day brought before us the undersigned, two of Her Majesty's Justices of the Peace in and for the Province of South Australia, under the provisions of the Habitual Criminals Act, 1870," and it has been duly proved upon oath before us that the said A. B. has been twice convicted of felony: And vhereas he is charged before us, upon the oath of C. D., a constable, for ihat the said A. B, on the day of 9 fit, in the said Province, wae found by the said C. D. in, under such circumstances as to give rise to sus- picion that he was about to commit or to aid in the commission of a crime punishable on summary conviction or indictment, or was waiting for an opportunity to commit Or aid in the commission of a crime punivhable on indictment or sum~narr conviction; or [was found by in or upon any dwelling-house, or any building, or yard,

0' premises, being parcel of or attached to such dwelling-houiie, or in or upon n7.v

M ¶hop,

33" & 34" VICTORIZ, No. 9.

Habitual Crimir~als Ac t. 1870.

ahop, warehouse, counting-house, or other place of business, or in any garden, orchard, pleasure ground, nursery ground, or enclosed land, being private property, without being able satisfactorily to account for hie being found on such premises] contrary to the Statute: Now we the said Justices do, in pursuance of the above- recited Act, convict the said A. B. of the said offence, and adjudge that the said A. B. for the said offence shall be imprisoned in the at, and there kept to

hard labor for the space of : These are therefore to command you, the said

con~table, to take the said A. B. and him safely convey to the aforesaid, and there to deliver him to the keeper thereof, together with this precept; and we do command you, the said keeper of the said, to receive the said A. B, into

your custody in the said	,	there to imprison him and keep him to hard labor
for the space of

Given under our hands and seals at , this day of , A.D. 18 .

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Adelaide : Printed by authority by W. C. Cox, Government Printer, North-terrace.