Prevention of Crimes Act 1898 (WA)

extern attotralta.

ANNO SEXAGESIMO SEGUNDO

VICTORIA] REGINA:.

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No. XIII.

AN ACT for the more Effectual Prevention

of Crime.

[Assented to, 28)th October, 49g.]

Legislative Assembly of -Western Australia, in this present	-BE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and
Parliament assembled, and by the authority of the same, as follows:—

1. WHERE any person is convicted on indictment of a

crime, and a previous conviction of a crime is proved against him, the ,son twice com

irdei cted may be

Court having cognizance of such indictment may, in addition to subjected ted to police

any other punishment which it may a ward to him, direct that he is supervision.

to be subject to the supervision of the police for a period of two

years, or such less period as the Court may direct, commencing

immediately after the expiration of the sentence passed on him for

the last of such crimes.

62° VICTORIJE, No. 13.

Prevention of Crimes.

2. EVERY person subject to the supervision of the police, who

to be given by super-

Notice of residence is at large in Western Australia, shall notify the place of his

visees. residence to the Sergeant of Police or Constable in charge of the district in which his residence is situated, and shall, whenever he changes such residence within the same police district, notify such change to the Police Sergeant or Constable in charge of that district, and whenever he is about to leave a police district he shall notify such his intention to the Sergeant of Police or Constable in charge of that district, stating the place to which he is going, and also, if required, and so far as is practicable, his address at that place, and whenever he arrives in any police district he shall forthwith notify his place of residence to the Sergeant of Police or Constable in charge of such last-mentioned district.

If any person to whom this section applies fails to comply with any of the requisitions of this section, he shall, in any such case, be guilty of an offence against this Act, unless he proves to the satisfaction of the Court before whom he is tried, either that being on a journey he tarried no longer in the place in respect of which he is charged with failing to notify his place of residence than was reasonably necessary, or that otherwise he did his best to act in conformity with the law ; and on conviction of such offence, it shall be lawful for the Court to sentence him to imprisonment, with or without hard labour, for a term not exceeding one year.

WHERE any person is convicted of any offence by a Court such Court may, in lieu of imprisonment, direct that such person is to be subject to the supervision of the police for a period not exceeding the term for which such person might be imprisoned.

3.

Court may order

police supervision	of Summary Jurisdiction, and is thereupon liable to be imprisoned,
in lieu of imprison-
ment.
Power to award

4.     WHERE any person is convicted of a crime under the

punishment of whip-	forty-third section of the Imperial Act 24 and 25 Victoria, chapter
ping for robbery
with violence or	96, or under the twenty-first section of the 24 and 25 Victoria,
attempt to choke.	100 (which said Acts are adopted by the Ordinance 29 Victoria, 5), the Court before whom he is convicted may, in addition to the punishment awarded by the said sections, or any part thereof, direct that the offender, if a male, be once, twice, or thrice privately whipped, subject to the following provisions:—

I. That in the case of an offender whose age does not exceed sixteen years the number of strokes at each such whipping do not exceed twenty-five, and the instrument used shall be a birch rod or some similar instrument.

2. That in the case of any other male offender the number of

strokes do not exceed fifty at each such whipping.

62° VICTORIIE, No. 13.

Prevention of crimes.

3. That in each case the Court in its sentence shall specify the number of strokes to be inflicted and the instrument to be used.

Provided that in no case shall such whipping take place after

the expiration of six months from the passing of the sentence.

5. THIS Act may be cited as the Prevention of Crimes Act, short title.

1898.

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

to this Act.

ALEX. C. ONSLOW, Governor's Deputy.

By Authority : A. CURTIS, Acting Government Printer, Perth.