Prisoners Detention Act 1908 (NSW)

Act No. 11, 1908. 39

Trisoners Detention.

Act No. 11, 1908.

P i a S O N K R S

An Act for the detention and cure of prisoners snfferino' from certain d iseases; and for pnrposes consequent thereon or incidental thereto. [3rd December, 1908.]

D ktknticin.

T ) E it enacted by the King’s Most Excellent Majesty, by and with

the advice and consc'nt of tin; Legislative Conncil and Legislative

Assembly of New Soutli AVales in Parliament assembled, and by the

authority of the same, as follows :—

Freliminary.

1. Tills Act may be cited as the “ Prisoners Detention Act, siiou utic ami

1908,” and shall commence on the first day of January, one thousand

nine hundred and nine.

2. In this Act-- ncfmitions.

“ Contagious disease” means venereal disease,including gonorrlio’a. “ Convicted ” means convicted, whether summarily or otherwise,

of an offence punishable by imprisonment or penal servitude.

“ Court ” means court by or before which the jierson in question

is convicted.

“ Loclv hospital ” means hospital or part of a hospital or of a ])uhlic gaol, prison, or house of correction, or of a place of detention declared to he a lock liosjiital for the purjiosi's of this Act.

“ Magistrate ” means stipendiary magistrate or police magistrate.

Lock hospitals.

3. (1) The Governor, by proclamation in the Gazette, may I’rociamation of

declare any hospital, or any part of a hospital or of a public ^aol, prison, or house of correction, or of a place of detention to be a lock hospital for the purposes of this Act, and may revoke or vary any such proclamation.

The Governor may appoint a medical officer in charge of a

lock hospital.

(2) The provisions of the Prisons Act, 1899, shall apply to .xppUcaiioii of

a lock hospital, and in applying such provision— lusona A a .

(a)	such hospital shall he a prison or place of detention for the purposes of the said A c t;
(h)	any ])crson detained in a lock hospital in pursuance of this Act shall h(! deemed a convict('d prisoner within the meaning
of the Prisons Act, 1899. (c)

Act No. 11, 1908.

Trisoners Detention.

(c) the Comptrollei’-Gencval of Prisons shall, subject to the control of the Governor, have the care, direction, and control of such hospital and the custody of all persons so detained.

Committal to lock hospital.

Magistrate may	4. (1) "VYliere the surgeon of a prison or place of detention convicted prisoner detained therein is snlfering from a contagious disease, such prisoner may he hrouglit before a magistrate, and, on proof being made in piavate on oatli that such prisoner is so suffering, the magistrate may order that he he detained in a lock hospital until discharged in pursuance of this Act:
prisoner in lock	certifies in writing to the Comptroller-General of Prisons that a
hospital.
Provided that any prisoner against wliom an order has been made as aforesaid may, on notice as proscribed, appeal tlicrefrom to any court of ([uarter sessions for the district where the order ivas made, or, with tlu' leave of the Attorney-General, to any other court of quarter sessions. Sucli ajipeal may l)e heard in private. The notice of appeal shall not suspend the operation of the order of the magistrate.

order detention of

Appeal. (2) The court hearing the appeal may, by its order, confirm,

sot aside, or vary tlu' order ajipealed from.

Or.Ier suflieient

authority for deten­ { ? > ) Any order under this section that a convicted prisoner

tion of prisoner.	he detained in a lock hosjiital shall he sufiicient authority to the Comptroller-General of Prisons 1o remove the jirisoner to smdi hospital, and to detain liim in pursuance of sucli order, subject to tlie provisions of this Act,
Period of detei.tion.	(4) Th(‘ period of sucli detention shall run concurrently with hut may excc<al any term of imprisonment or penal servitude to which the prisoner has been sentenced.
Medical officer to
report when	6. I t shall be the duty of the medical officer in charge of any liospital in pursuance of an order of a magistrate or court under this Act is free from a contagious disease, to so report to the Minister of Justice, and thereupon such person shall he discharged from the hospital and he remittcal to custody to serv(' the remainder of tlio sentence if such sentence has not expired, hut if such sentence has expired he shall he discliarged from custody.
detained j>erson free	lock hospital, as soon as in his opinion any person detained in such
from contagious
disease.

S npplemcntal.

Begulations.

6. The Governor mav make regulations for carrying out the

provisions of this Act, and may in such regulations impose any penalty

Recovery of

not exceeding twenty-fiv(‘ pounds for any breach of the same. Any

penalties.

such penalty may be recovered before a stipendiary or ])olice magistrate

or any two justices of the peace in petty sessions. 7.

Act No. 12, 1008.

J?olice Offences {Amendment).

7. All vftgulaiions so made shall— Regulations to be

(i) be published in the Government Gazette;	published.
(ii) take elVect from the date of piildication, or from a later date

to be speciiied in such regulations ; and

(iii) be laid before botli Houses of Parliament within seven days after })ublieatiou if Parliament is in session, and if not, tlum within seven days after the (commencement of the next session. But if cither House of the Parliament passes a resolution at any time rvithin liftecn sitting days after such regulations have been laid bcdorc such House disallowing any regulation, such regulation shall tbereuT)on cease to have effect.