Juvenile Offenders Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESIMO SEXTO

No. 35.

An Act for the mow efectual Punishment of Juvenile Of~nders.

[Assented to, 30th November, 1872.1

HEREAS it is desirable to make more effectual provision for PreambleL

W the Punishment of Juvenile OEenders in certain cases-Be

it therefore Enacted by the Governor of the Province of South Australia, by and with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. If any male person under the age of sixteen years shall corn- Ed",i$?:! G:'.:

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mit any of the offences following, that is to say- cases.

1. Any person who shall, in any road, street, thoroughfare, or

public place, be guilty of riotous or irlclecent conduct or behaviour, or of using indecent or obscene language, or of assaulting any woman, or fkrnalc child:

11- Any person who shall. expose his person in any street, road,

thoroughfare, or public place, or within view thereof:

111. Any person who shall in any street, road, thoroughfare, or public place sing any obscene song, or ballad, or place, write, or draw any indecent or obsceue word, or figure, or representation:

Iv. Any person who shall, in any street, road, thoroughfare, or public place, wilfully throw, scatter, or place any delete- rious drug or substance at, over, or upon any person, to

the damage or danger of any person:

WSN v. Any

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The Juvenile Ofenders Punishment Ac t.-l8?'2.

v. Any person who shall be convicted as a rogue and vagabond:

VI. Any person who shall wantonly throw or discharge any

stone or missile to the damage cr danger of any person,

after a previous conviction for a similar offence:

VII. Any person who shall be guilty of placing any obstruction

on railways, or of larceny from t,he person with violence, when the property stolen is of the value of Five Pounds or less:

the Court, Magistrate, or Justices lawfully having pswer to decide or adjudicate upon the charge against such offender may sentence him to be once or twice privately whipped, either in substitution of, or in addition to, any sentence with which by law such offender may be now punished.

o n w ~ b O n " b be

on defendant.	2. Whenever any persons shall be charged before any Justice of the Peace. Magistrate. or Court with committing any of the offences h&einb;;rfore kentioned, and hereby made Funishble, the onus of proving that the age of the person so charged exceeds sixteen years, shall in all cases lie on the person so charged; and unless the person so charged shall adduce such proof to the satisfaction of the Justice of the Peace, Magistrate, or Court, he shall then, if found guilty of the offence wherewith he is charged,
be liable to all the penalties and punishments by this Act pro-
vided.

Imprisonment may be awarded to give 3. In case any person shall be charged with, and found guilty

time for whipping to of, any of the offences hereinbefore specified, and the Act under

h administered. such person has been charged provides only for the payment of a pecuniary penalty, and does not authorize the iunprisonment of the offender, or authorizes his imprisonment for a less period than fourteen days, it shall, in every such case, be lawfill for the Justices of the Peace, Maagistmte, or Court before whom such persou is charged and fouild guilty, to order the person so found

for the purpose of enabling the sentence of whipping, by this Act guilty to be imprisoned for any period not exceeding fourteen days authorized to be inflicted, to be carried out, anything in the Act under which such offence is charged to the contrary notwithstanding.

Mode of whipping. 4.

The number of strokes at each such whipping shall not exceed twenty-five, and the instrument used shall be as nearly as may be similar to the birch rod used in England, and such punishment shall be inflicted in the presence of a Justice of the Peace or an Inspector of Police; and the 'Magistrate, Justice, or Court, in its sentence, shall specify the number of strokes to be inflicted.

~umma~prwedum.

5. Every proceeding for an offence under this Act may be had

and taken, and may be heard a d determined, in a summary way by

any Special Magistrates or two Justices, under the provisions of an

Ordinance of the Governor and Legislative Council, No. of 1850,

" To

The Jplvenile Ofenders Punishment Act.-1872.

To facilitate the performance of the duties of Justices of the Peace out of Sessions with respect to summary convictions and orders;" and all convictions and orders may be enforced and appealed against as in the said Ordinance or in my other Act is or may be provided.

6. Public place shall include and apply to any public place or Interntation.

of public resort within the meaning of the bLPoliee Act, 1869."

In the name and on behalf of the Queen, I hereby

assent to this Bill.

J AMES FERGUSSON, Governor.

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