Prisons Act Amendment Act 1918 (WA)

No. 31.] Prisons Act—Amendment. [1918.

PRISONS ACT AMENDMENT.

9° GEO. V., No. XXI.

No. 31 of 1918.

AN ACT to amend the Prisons Act, 1903.

[Assented to 16th December, 1918.]

B E it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title. 1. This Act may be cited as the Prisons Act Amendment

Act, 1918.

Amendment of

Section 4. 2. Section four of the Prisons Act, 1903 (hereinafter called the principal Act) is hereby amended by the insertion of the words "reformatory prison" between the words "police gaol" and "or" in the interpretation of "Prison."

Insertion 3. The following new Part is hereby inserted in the prin-

Part r

inrytheEth cipal Act between Parts VI. and VII.:—

fsoornsart Drineipal Act.

PART VIA.-REFORMATORY PRISONS.

64.k. (1.) The Governor may by proclamation

Lstablishrnent

of Reformatory (a) set apart any suitable place to be a reformatory

Prisons. prison for the reception and detention of per- sons sentenced to be detained in or ordered to be transferred to a reformatory prison;

(b) set apart any reformatory prison or any part thereof for the detention of habitual criminals or persons of any prescribed class.

(2.) Subject to the provisions of this Act and the

Criminal Code every person detained in a reformatory

prison shall be detained during the Governor's pleasure..

Power to

transfer persona	64s. (1.) When any person apparently of the age
from gaol to

reformatory	of eighteen years or upwards, and not being a person on
Prison.	whom a subsisting indeterminate sentence has been im-

1918.] Prisons Act—Amendment. [No. 31.

posed, is confined in any prison under sentence of im- prisonment, it shall be the duty of the Comptroller General to consult with the Indeterminate Sentences Board appointed as hereinafter provided as to whether it is desirable that such person should be transferred to a reformatory prison.

(2.) If the Comptroller General and the Board agree that such person ought to be so transferred the Comp- troller General may make a recommendation to that effect to the Minister, specifying in the recommendation the reformatory prison to which such person should be transferred, and transmitting therewith a statement set- ting forth such person's record and the reasons for the recommendation.

The Minister shall lay such recommendation and statement before the Governor who may, by Order in Council, direct that the recommendation be carried into effect, and it shall be carried into effect accordingly, and unless such person is re-transferred under the pro- visions hereinafter contained such order shall operate as a remission of the residue of his sentence of imprison- ment.

(3.)

(4.)

No person so transferred shall be detained in the reformatory prison for any period longer than the residue of his sentence unexpired immediately prior to the making of the Order in Council.

64c. (1.) Where -the behaviour of any person so =fp=

transferred as aforesaid is in the opinion of the 'Meter- person to gao,

minate Sentence Board such as to be injurious to the

discipline of the reformatory prison, the Comptroller

General may report to the Minister to that effect.

(2.) The Minister shall lay such report. before the Governor who may, by Order in Council, direct such person to be re-transferred either to the prison from which he was transferred or to some other specified prison to serve the unexpired residue of his sentence.

Thereupon such person shall be removed to the prison named in the Order in Council, and shall, pursuant to the original authority under which he was imprisoned, serve the unexpired residue of his sentence, and the time spent on probation shall not be reckoned as part thereof, unless so stated in the Order in Council.

(3.)

No. 31.] Prisons Act—Amendment. [1918.

Effect of Order	64D. When au Order in Council has been made under either of the last two preceding sections directing that any person be transferred from a prison to a re- formatory prison or from a reformatory prison to a prison, no authority other than such Order in Council or a copy thereof purporting to be signed and certified as a true copy by the officer to whose custody the original is intrusted shall be necessary to warrant such transfer or the detention of such person.'
transfer and
detention.

in Council as to

Indeterminate	64E. (1.) For the purposes of this Part there shall
Sentences

Board.

be constituted a Board to be called the Indeterminate

Sentences Board.

Constitution.

(2.) The Board shall consist of three members who shall be appointed by the Governor, and shall hold office for a period of three years, and shall be eligible for re- appointment.

Quorum,

(3.) . Any two members shall form a quorum; but the three members of the Board shall be present when any resolution is carried recommending the release on pro- bation of any person detained in a reformatory prison or the transfer of any person from a prison to a reforma- tory prison, or from a reformatory prison to a prison.

The Governor may at any time remove any mem- ber of the Board and fill up any vacancy however occur- ring in the office of any member of the Board and appoint a person to act temporarily as a member of the Board during the absence of any member through illness or any cause which in the opinion of the Governor renders such temporary appointment necessary.

Removal. (4.)

Duties of Board.

(5.) It shall be the duty of the Board

(a.) to make careful inquiry as to whether any persons

detained in any reformatory prison are suffi- ciently reformed to be released on probation or whether there are any good and sufficient rea- sons for the release on probation of any persons so detained;

(b) to consult with the Comptroller General and to make careful inquiry as to whether pursuant to this Part any person should be transferred from a prison to a reformatory prison and to report to the Comptroller General on the behaviour of persons so transferred and to make recommend- ations regarding them.

1918.] Prisons Act—Amendment. [No. 31.

(c) to make recommendations to the Comptroller Gen- eral as to the release on probation of any person detained in a reformatory prison, or as to any such transfer, setting forth in each case the rea- sons for the recommendation;

(d.) in making any recommendation as to such release, to have regard to the safety of the public or of any individual or class of persons and the wel- fare of the person whom it is proposed to re- lease;

(e) to report through the Comptroller General to the Governor as to any matters on which the Gov- ernor may desire a report;

(6) On or before the thirtieth day of September in Board to report to Minis ter.

each year the Board shall report through the Comptrol-

ler General to the Minister as to

(a) the operations of the Board up to the preceding

thirtieth day of June ;

(b)	the number of persons detained, transferred, re- leased on probation, or recommitted during the period covered by the report; and
(c)	generally as to the operation and effect of this

Part of this Act and the regulations,

and such report shall be laid upon the Table of both

Houses of Parliament.

(7.) The Board shall execute all such other powers General power; and duties.

and duties as may be conferred on it by any Act.

64r. (1.) Every person detained in a reformatory Persons de-

r to de-

prison shall, subject to the regulations, work at some work.

trade or vocation or be employed in some labour.

Any such person may be required to work Qutside the prison, as may be prescribed by regulation, and shall, whilst outside such prison for the purpose of so working or of going to or coming from such work, be deemed in the lawful custody of the Superintendent, and, subject to any regulations made under this Part, shall be sub- ject to the same liabilities and obligations and governed by the same laws and rules as if he were within the prison.

(2.)

Productsof

(3.) The products of his work shall be sold or other-

wise disposed of.

No. 31.] Prisons Act—Amendment. [1918.

Disposal of net	(4.) Of the net proceeds arising from the sale or dis- posal of the products of his work such portion as may be prescribed shall be credited to him; or such portion as may be prescribed of the wages earned by him according to the scale prescribed for the class of labour in which he is employed shall be credited to him.
proceeds and of
wages.

The manner of dealing with the remainder of such net proceeds or wages shall be as prescribed; and such amounts thereof as may be prescribed shall, in the dis- cretion of the Minister, be applied from time to time to- wards the maintenance during the period of his deten- tion of his wife and family (if any) or of any person de- pendent upon him.

(5.)

An account of the same shall be kept in each re- formatory prison and any sum standing to his credit on

Account to be (6.)

kept.

Balance to be

handed over to	his release on probation shall be handed over to the
Board.
Minister, who shall disburse it in such manner as the Board considers conducive to his welfare; but if during his period of probation he is sentenced to imprisonment he shall, if the Minister so directs, forfeit the said sum or so much thereof as is in the hands of the Minister (as the case may be), and the same shall be paid into the Con- solidated Revenue.
Release on pro-	64G. (1.) The. Governor shall not direct the release on probation of any person undergoing an indeter- minate sentence or otherwise detained in a reformatory prison until after he has received through the Comptrol- ler General a report on the case from the Indeterminate Sentences Board.
bation and re-
committal.
(2.) The provisions of the Criminal Code relating to the release on probation of persons undergoing indeter- minate sentences and the recommittal of such persons after release shall, subject to this Part of this Act, apply to any person transferred to and being in a reformatory prison under this Act as if such person were serving an indeterminate sentence: Provided that the period of probation shall not exceed the period for which such person might lawfully be detained in the reformatory prison, and that if no order of recommittal be made against him during the period of probation he shall be discharged from his detention, but if so recommitted shall, subject to this Part, be liable to be detained until the expiry of his original term of detention.

1918.] Prisons Act—Amendment. [No. 31.

64n. (1.) The Indeterminate Sentences Board by order in writing signed by any two members thereof,	Power to permit
person detained
in reformatory
prison to leave
and with the concurrence of the Comptroller General,	the prison tom-
porarily.
may permit any person detained in a reformatory prison who is in the highest class but has not been released on probation to leave the prison temporarily in order to test the reform of such person.

Such leave shall be for the term and subject to the conditions specified in the order.

(2.)

(3.) Any person so permitted to leave a reformatory prison temporarily

(a) shall be deemed to continue in the legal custody

of the superintendent of the prison; and

(b) may at any time during such leave or after the expiration thereof (if he has not returned to the reformatory prison) on an order in writing of the Board signed by any two members thereof be arrested without warrant by any warder of the prison or any member of the police force and by him returned to the prison.

64x. (1.) Where a person detained in a reformatory	formatory
Person in re-
prison sent to

prison is sentenced to a term of imprisonment in a gaol by visiting

prison, such person on the expiry of such term of im- be

ggiireneedth	to
formatory

prisonment

prison on ex-

piry of sentence.

(a)	shall be removed to a reformatory prison; and
(b)

shall continue to be detained in a reformatory

prison pursuant to the sentence or order by

which he had previously been detained therein.

(2.) Any visiting justice may issue any warrant neces-

sary for the purposes of this section.

64s. (1.) The Indeterminate Sentences Board may, by order in writing signed by any two members thereof,	Transfers from one reformatory
prison to another.
and with the concurrence of the Comptroller General, direct that any person detained in any reformatory prison or part thereof may be transferred therefrom to any other reformatory prison or part thereof.

(2.)

Where any such order is made no authority other than such order or a copy thereof purporting to be signed and certified as a true copy by the officer to whose custody the original, is intrusted shall be necessary to warrant such transfer or the detention of such person.

(3.)

Any person transferred as aforesaid shall be sub- ject to the regulations applying to the reformatory

prison to which he is so transferred.

No. 31.] Prisons Act—Amendment. [1918.

Provision to

permitting	64K. (1.) If the Indeterminate Sentences Board re-
leave reforma-

prisoners to	ports that it is desirable that any person detained in a
tory prisons
for certain	reformatory prison should be permitted to leave such
purposes.	prison temporarily

(a) for the purpose of being treated at any hospital;

Or

(b) for the purpose of visiting a relative believed to be dying; or

(c) for any other reason which appears to the Board

to be sufficient,

the Comptroller General may by writing under his hand make an order that such person may, subject to any conditions set forth in the order, be permitted to leave the prison for the purpose and for the period specified in the order.

Custody during (2.)

The Comptroller General may in the order direct that such person shall during the said period be in the custody of any member of the police force, gaoler, or officer named in the order, who shall in due course return him into the custody from which he was removed pur- suant to the order; and until such return he shall be deemed to be in the legal custody of the member of the police force, gaoler, or officer named in the order and acting thereunder.

absence.

If in any case the Comptroller General is of opin- ion that it is impracticable to require such person to be in the custody of any member of the police force, gaoler, or officer during the period of such absence from the prison, the Comptroller General may make the order without naming any police constable, gaoler, or officer therein; and in every such case such person shall be deemed to be in the legal custody of the superintendent of the prison.

(3.)

Penalties. (4.) Any person permitted to leave a reformatory prison under this section who-

(a) escapes or attempts to escape from the custody

of any police constable, gaoler, or officer ;

(b) does not return to the said prison immediately on the expiration of the period mentioned in the order ; or

(c) is guilty of a breach of any of the conditions of

the order,

1918.] Prisons Act—Amendment. [No. 31.

may, without any warrant other than this Act, be arrested by any member of the police force or by any person thereto authorised in writing by the Comptroller General and be returned to the reformatory prison; and shall, within the meaning of section fifty-nine of this Act, be deemed to have escaped or attempted to escape from custody and shall be liable to be imprisoned accordingly; and after the expiration of any such term of imprison- ment (if any) shall, subject to this Part of this Act, be returned to and continue to be detained in the reforma- tory prison under the sentence or order by which he had previously been detained therein; or if no such term of imprisonment is imposed he shall be returned to the re- formatory prison and continue to be detained as afore- said; and any warrant necessary for the purposes of this section may be issued accordingly.

641,. (1.) This Part of this Act shall apply to persons Application to.

undergoing preventive detention immediately prior to gfragssgre-

tensed.

the commencement thereof.

(2.) Any such person shall be placed in such class or

position as the Indeterminate Sentences Board shall

decide.

64m. The Governor may make regulations not incon- Power of Governor to

sistent with this Part— make regula-tions.

(a)	for the conduct, management, control, inspection and supervision of reformatory prisons gener- ally or of any reformatory prison or part there- of set apart for habitual criminals or persons of any prescribed class;
(b)	for the good order, discipline, employment, and health of persons detained therein, and for the classification of such persons and their pro- motion from class to class;

(c) prescribing the trades, vocations, or classes of work at which persons detained therein are to be employed;

(d) prescribing the mode of sale and disposal of the

products of the work of persons so detained;

(e) prescribing the disposal of the proceeds of such

sale;

No. 3L] Prisons Act—Amendment. [1918.

(f)	prescribing scale of wages for the several classes of labour in which persons so detained May be employed; and the disposal of such wages;
(g)	prescribing the punishments which may be im-

posed by a visitor (being a justice) for any

breach of prison discipline or idleness or mis- conduct on the part of any person so detained, and empowering such visitor to direct the de- duction of the amount of any fine from any sum at any time standing to the credit of such per- son in the account kept under Section 64f, and enacting that any punishment so prescribed shall be in addition or as an alternative to or in substitution for any other punishment which a visitor or a magistrate or two justices may be empowered to inflict under this Act;

(h) classifying the persons who are detained under the provisions of this Act, or the Criminal Code, in a reformatory prison, or who are liable to be so detained.

(i)    prescribing such matters incidental to the appoint- ment, resignation, and removal of members of the Indeterminate Sentences Board and to the performance of the duties of the Board and the regulation of its proceedings as may be neces- sary or convenient;

(j) prescribing forms to be used under this Part; and (k) prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Part.

Application of

other parts of	64N. The other parts of this Act, including any regu- applicable) to reformatory prisons and to the persons detained therein as if such persons were under sentence of imprisonment for a term after conviction for an of- fence, subject, however, to the provisions of this Part and any regulations made under this Part.
this Act to
reformatory	lations made under any such part shall apply (so far as
prisons.
Insertion of new

recettkoonn sbr aeneldl 4. The following section is hereby inserted between sec-

73.              tions seventy-two and seventy-three of the principal Act:—

Persons in

custody re.	72A. (1.) When it is necessary to bring a convicted
(mired to

attend on	appellant or other person who is in custody in any prison
criminal appeal,
etc.	to any place at which he is entitled to be present for the

1918.] Prisons Act—Amendment. [No. 31.

purpose of Chapter sixty-nine of the Criminal Code, or to any place to which the Court of Criminal Appeal or any

Judge thereof may have ordered him to .be taken for the

purpose of any proceedings of that Court, or rendered necessary by or in consequence of any order of that Court, the Comptroller General or the Registrar of the Supreme Court, or any Justice of the Peace, may by order in writing direct the gaoler to bring up such appel- lant or person to such place as aforesaid, and the gaoler shall obey such order and bring up or cause to be brought up such appellant or person accordingly to such place, there to he dealt with according to law.

The gaoler may charge any warder, police con- stable, or other officer with the execution of such order.

(2.)

(3.)

Every appellant or person brought up under any order issued under this section shall, whilst he is absent from the prison for the purpose aforesaid, be kept in the custody of the police officer, warder, gaoler, or other officer acting under or in execution of such order, who shall in due course, subject to any lawful order to the contrary, return the prisoner to the custody from which he shall have so been brought up.

If the proceeding which such appellant or person is required to attend is adjourned, the appellant or per- son may during the adjournment be returned to the prison or kept at any place in the custody of the officer acting under or in execution of the order, and may be brought up from day to day and time to time to the place at which his attendance is required as often as necessary.

(4.)

5.    Section seventy-three of the principal Act is hereby teingodamt of

amended by the insertion of the words "or seventy-two A"

between the words "seventy-two" and "shall."

6.    All copies of the principal Act hereafter printed by the citation and

Government Printer shall be printed as altered by the exist- :rlitpa. clot

ing amendments thereof, including this Act, under the super- 'meats.

vision of the Clerk- of Parliaments, and all necessary refer-

ences to the amending Acts shall be made in the margin. In

any such reprint the short title shall be altered to the Prisons

Act, 1903-1918, by which title the principal Act and the said

amendments may be cited together.