Prisons Act Amendment Act of 1964 (Qld)

181 (011crn5fitnbi ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 17 of 1964 An Act to Amend "The Prisons Act of 1958" in certain particulars [ASSENTED TO 8TH APRIL, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as The Prisons Act Amendment Act of 1964." (2) Principal Act. " The Prisons Act of 1958 " as amended by The Mental Health Act of 1962 " is in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Prisons Acts, 1958 to 1964."

182 Prisons Act Amendment Act of 1964, No. 17 2. Amendments of s. 5. Section five of the Principal Act is amended by, in subsection (1)- (a) omitting paragraph (b), and inserting, in its stead, the following paragraph:- (b) Declare that any prison or security patients' hospital shall cease to be a prison or, as the case may be, a security patients' hospital, and direct the removal of the prisoners or, as the case may be, security patients confined therein, in the case of prisoners, to another prison named in the Proclamation and, in the case of security patients, to another security patients' hospital or place named therein;"; (b) inserting in paragraph (h), after the word " prison ", where that word appears, the words " or security patients' hospital ". 3. Amendments of s. 7 ( 1). Subsection ( 1) of section seven of the Principal Act is amended by- (a) omitting paragraph ( a) and inserting in its stead the following paragraph:- (a) Providing for the safe custody, control, discipline, classification, care and individual separation of prisoners and security patients and for the punishment of prisoners; "; (b) omitting paragraph ( b) and inserting in its stead the following paragraph:- (b) Providing for and regulating the employment of prisoners and security patients and providing for their remuneration; (c) inserting in paragraph ( c), after the word " prisons ", the words and security patients' hospitals "; (d) inserting in paragraph (d), after the word "prisoners", the words " and security patients "; (e) inserting in paragraph (f) after the word " prisoners ", the words " and security patients "; (f) inserting in paragraph ( g), after the word " prisoners ", the words " and security patients "; (g) inserting in paragraph ( h), after the word " prisoners ", the words " and security patients and the treatment of security patients generally "; (h) omitting paragraph ( i) and inserting in its stead the following paragraph:- " (i) Educational , vocational and rehabilitation training of prisoners and security patients;"; (i) inserting in paragraph ( j), after the word " prisoners ", the words " and security patients "; (j) omitting paragraph ( p) and inserting in its stead the following paragraph:- (p) Providing generally for the management and good government of prisons and security patients' hospitals and the persons confined therein; ";

Prisons Act Amendment Act of 1964, No. 17 183 (k) omitting paragraph (q) and inserting in its stead the following paragraph:- (q) Providing for and regulating the procedure to be followed in relation to any person who awaits trial or sentence or a hearing and determination in relation to any offence punishable by imprisonment and who has been certified to be not mentally 'ill;"; (1) omitting paragraph (r) and inserting, in its stead, the following paragraph:- (rr)) Providing for and regulating the detention, discharge, release on parole leave of absence or transfer of any person who is detained after having been acquitted on account of unsoundness of mind under section six hundred and forty-seven of " The Criminal Code," or is detained pursuant to an order made under section eighteen of " The Criminal Law Amendment Act of 1945," or of any security patient who is kept in a security patients' hospital beyond the expiration of the period of his imprisonment or detention which, apart from his mental illness, he was lawfully required to undergo; prescribing the conditions of such discharge, release on parole leave of absence or transfer; providing for and regulating the apprehension of any person so discharged, released or granted leave subject to any condition for a breach of any condition imposed;"; (m) omitting paragraph (s) and inserting, in its stead, the following paragraph:- (s) Prescribing the procedure to be followed in relation to any person who has, pursuant to subsection (2) of section thirty-three of " The Mental Health Act of 1962," been returned to a prison or security patients' hospital for discharge, further detention or to be otherwise lawfully dealt with, and who has been certified to be not mentally ill; "; (n) adding the following paragraphs:- (t) Providing for and regulating the transfer for observation or treatment of any person who is or appears to be mentally ill and who is in confinement on being apprehended or on a charge of an offence punishable by imprisonment (whether with or without a fine) to a security patients' hospital or other hospital or place pending, and during any adjournment of the hearing or examination of witnesses of, or in respect of, that offence and providing for and regulating the return of such person for the purpose of such hearing or examination of witnesses or for such other purposes as may be prescribed to the place from which he was transferred or to such other place as may be prescribed and providing for and regulating the conveyance of such person to his reception and detention at the place to which he is removed. (u) Providing for and regulating the grant of leave of absence to prisoners, and without limiting the generality of the power hereby conferred, such regulations may provide for and regulate the period prior to the expiration of a prisoner's sentence within which leave of absence may be granted, the maximum period of such leave, the conditions upon which such leave may be granted, the purposes for which such leave may be granted and the apprehension of any prisoner who fails to observe the conditions on which he is granted such leave."

18A Prisons Act Amendment Act of 1964, No. 17 4. Amendments of s. 16. Section sixteen of the Principal Act is amended by- (a) in subsection (1), inserting in paragraph (ii) after the words security patients' hospital ", the words " special hospital,"; (b) in subsection (IA), inserting in paragraph (ii) after the words " dental hospital," the words " special hospital,". 5. Enactment of s. 16A. The Principal Act is amended by inserting after section sixteen the following section :- " [16A.] Detention of persons ordered under L° The Mental Health Act of 1962 " to be detained . (1) Where a stipendiary magistrate has issued an order under paragraph (a) of subsection (3) of section thirty-two of " The Mental Health Act of 1962." and, on issuing that order has directed the detention of a person in a security patients' hospital, prison or place of confinement, that person shall be so detained, in accordance with section thirty-seven of " The Mental Health Act of 1962," until two medical practitioners certify that he is not mentally ill, or until the authority for his detention lapses, whereupon- (a) if he is detained in a security patients' hospital or a place of confinement other than a prison, he shall be transferred to such prison as the Comptroller-General may specify; or (b) if he is detained in a prison, he shall continue to be so detained, in either case to await trial or a hearing and determination in relation to the offence or offences with which he was charged at the date of the issue of the order by the stipendiary magistrate, and to be further dealt with according to law. Whilst any such person is detained in a prison or security patients' hospital the Comptroller-General shall have authority to direct and may accordingly make any order which he may, pursuant to section sixteen of this Act, make in relation to any prisoner or security patient. (2) Where a person has been committed to take his trial or to be sentenced for an indictable offence and the Minister for Justice has, by order under his hand pursuant to paragraph (a) of subsection (1) of section thirty-two of " The Mental Health Act of 1962," directed the detention of that person in a security patients' hospital, prison or other place of confinement that person shall be so detained until two medical practitioners nominated by the Minister certify that he is not mentally ill whereupon- (a) if he is detained in a security patients' hospital or a place of confinement other than a prison, he shall be transferred to such prison as the Comptroller-General may specify; or (b) if he is detained in a prison, he shall continue to be so detained, in either case to await his trial or sentence and to be further dealt with according to law. Whilst any such person is detained in a prison or security patients' hospital, the Comptroller-General shall have authority to direct and may accordingly make any order which he may, pursuant to section sixteen of this Act, make in relation to any prisoner or security patient."

Prisons Act Amendment Act of 1964, No. 17 185 6. Amendments of s. 23. Section twenty-three of the Principal Act is amended by- (a) in subsection (1), adding the following paragraph:- " On reception into a security patients' hospital from any place other than a prison, every security patient shall surrender to the Superintendent of that hospital all property, including money, in his possession. Such property shall be recorded and kept in safe custody and retained by the Superintendent and returned to the security patient on his discharge from that hospital: Provided that if upon his discharge from a security patients' hospital, a security patient is to be transferred to a prison, such property shall be delivered to the Superintendent of that prison who shall return it to the prisoner on his release from prison."; (b) in subsection (2), inserting after the word " prisoner " where that word appears the words " or security patient ". 7. Amendments of s. 24 . Section twenty-four of the Principal Act is amended by- (a) inserting after the words " Supreme Court," the words " or of a District Court,"; (b) inserting after the word " prison " where that word appears the words " or security patients' hospital "; (c) inserting after the word " prisoner" the words " or, as the case may be. any security patient ". 8. Repeal of and new s. 26. Section twenty-six of the Principal Act is repealed and the following section is inserted in its stead :- " [26.] Provision for calculation of term of sentence . (1) Subject to "The Criminal Code," any order made by the Court by which the sentence is imposed and subsection (2) of this section, every sentence of imprisonment shall, notwithstanding any other provision of this Act, or any rule of law or practice, be calculated to commence- (a) in the case of a sentence imposed upon a conviction on indictment, from the day the Court passes sentence upon the offender; and (h) in the case of a sentence imposed upon a conviction for a simple offence or breach of duty, from the commencement of the offender's custody under the sentence. (2) In either case referred to in the preceding subsection, a sentence shall be calculated exclusive of any time during which the execution of the sentence was suspended by reason of appeal, release on bail, question of law, reserved case, or any other cause, and any such suspended sentence shall recommence as from such time as a person is again taken into custody or surrenders himself on abandonment of appeal or for other reason unless the prisoner concerned remains in prison at all times and makes application in writing to the Comptroller-General to be treated as an ordinary prisoner serving a sentence, and not as an appellant, during such time as may elapse before the determination of any appeal or other cause by reason of which any sentence may be varied." 9. Retrospective application of s. 26. The provisions of section twenty-six of " The Prisons Acts, 1958 to 1964 " shall be deemed to apply and always to have applied with respect to the calculation of sentences of imprisonment imposed by any Court prior to the commencement of this Act.

186 Prisons Act Amendment Act of 1964, No. 17 10. Enactment of s. 27A. The Principal Act is amended by inserting after section twenty-seven, the following section:- " [27A.] Detention of security patient beyond his period of sentence or detention . (1) Where a person in respect of whom any Court has ordered that he be imprisoned or detained for a period is a security patient at the expiration of the period of imprisonment or detention so ordered, he shall not, by virtue of such expiration, be entitled to be discharged but shall be subject to the provisions of this section. (2) (a) At least five weeks before the expiration of a period of imprisonment or detention being served by a person who is a security patient or, should it be impossible or impracticable to comply with this subsection within that time limitation in relation to any person, as soon as practicable after such person becomes a security patient, whether or not such period of imprisonment or detention has, in the meantime expired, the Comptroller-General shall cause such person to be examined by two medical practitioners. Whenever it becomes necessary for the purposes of this section so to do, the person who has been so examined or is to be so examined shall be detained until this section has been complied with, in a security patients' hospital or such other place as the Comptroller-General may direct. (b) Each such medical practitioner shall report to the Comptroller- General whether, in his opinion, it is necessary or desirable in the interests of the security patient's health or safety or for the protection of other persons that the security patient should be detained beyond the expiration of the period of imprisonment or detention the security patient was ordered to serve and shall recommend accordingly. (3) (a) If both such medical practitioners recommend that the security patient should be detained beyond the expiration of the period of imprisonment or detention he was ordered to serve such security patient shall be so detained in a security patients' hospital or such other place as the Comptroller-General may direct until he is discharged or otherwise dealt with in accordance with the provisions hereinafter in this section contained. (b) If neither of such medical practitioners recommends that the security patient should be detained beyond the expiration of the period of imprisonment or detention he was ordered to serve such security patient shall be discharged upon the expiration of the period of imprisonment or detention he is then serving or, if such period has already expired, forthwith. (4) If one only of such medical practitioners recommends that the security patient should be detained beyond the expiration of the period of imprisonment or detention he was ordered to serve the Comptroller- General shall as soon as practicable make application to a Judge of the District Court for an order that such security patient be detained beyond such expiration. If such application is not made before the fifteenth day after the expiration of the period of such imprisonment or detention, the security patient shall be entitled to be discharged.

Prisons Act Amendment Act of 1964 , No. 17 187 (5) The Judge who hears an application referred to in the last preceding subsection may- (a) himself orally examine the security patient in respect of whose detention the application is made; (b) direct that one or more medical practitioners examine such security patient; (c) take evidence touching the application; (d) hear all or any of the following persons:- the Comptroller-General ; the security patient concerned; a relative of the security patient concerned; counsel or solicitor representing any of the aforesaid persons; (e) adjourn the application from time to time as justice may require; (f) exercise all other powers exercisable by him with respect to an action by virtue of " The District Courts Acts, 1958 to 1963," except that no costs shall be awarded in respect of any such application. (6) If the Judge who hears the application is satisfied that it is necessary or desirable in the interests of the security patient's health or safety or for the protection of other persons that the security patient should be detained beyond the expiration of the period of imprisonment or detention he was ordered to serve he shall make the order sought by the application, but, if not so satisfied, he shall refuse such order. (7) The security patient in respect of whose detention an order was sought pursuant to subsection (4) of this section shall- (a) if the order is made, be detained in a security patients' hospital or such other place as the Comptroller-General may direct until he is discharged or otherwise dealt with in accordance with the provisions of this section hereinafter contained; (b) if the order is refused, be discharged upon the expiration of the period of imprisonment or detention he is then serving or, if such period has already expired, forthwith. (8) (a) A security patient detained pursuant to subsection (3) of this section or to an order made under subsection (6) of this section may make application to a Mental Health Review Tribunal constituted under " The Mental Health Act of 1962 " at any time within six months after the date upon which such detention commences and, thereafter, at any time so that twelve months at least shall elapse between the disposal of one such application and the making of another such application. (b) The Mental Health Review Tribunal to which such an application is made may refuse such application or, if such Tribunal is satisfied- (i) that the security patient is not then suffering from mental illness; and (ii) that it is not necessary or desirable in the interests of the security patient's health or safety or for the protection of other persons that he should continue to be so detained, it may recommend to the Minister that the security patient be discharged or otherwise dealt with in accordance with this Act.

188 Prisons Act Amendment Act of 1964, No. 17 (9) (a) A security patient detained pursuant to subsection (3) of this section or to an order made under subsection (6) of this section shall be entitled to be discharged or otherwise dealt with under this Act if the Minister- (i) upon the recommendation of two medical practitioners, one of whom is, for the time being, in charge of the treatment of such security patient, that he may be discharged or otherwise dealt with in accordance with this Act; or (ii) upon the recommendation of a Mental Health Review Tribunal to a like effect, directs that such security patient be discharged or otherwise dealt with in accordance with this Act. (b) A security patient who is not discharged or otherwise dealt with in accordance with this Act within twenty-eight days after the two medical practitioners referred to in the preceding paragraph have so recommended may at any time make application to a Mental Health Review Tribunal aforesaid, notwithstanding the provisions of paragraph (a) of subsection (8) of this section, and the provisions of paragraph (b) of subsection (8) of this section shall apply to every such application. (10) (a) Where a security patient is a person whom a Court has ordered to serve a number of periods of imprisonment or detention, and such periods do not all expire at the one time, it shall be sufficient compliance with subsection (2) of this section if the Comptroller-General causes the security patient to be examined within the times limited therefor before the expiration of that period, so ordered, which is the last to expire or as soon as is practicable after the expiration of such period. (b) For the purpose of compelling the attendance of any witness before a Judge hearing an application made pursuant to subsection (4) of this section every such application shall be deemed an action before the District Court and every person who may be heard upon such an application, other than a counsel or solicitor representing any of the same , shall be deemed a party thereto. (c) In this section, the term " relative " has the meaning assigned to that term by section forty-two of " The Mental Health Act of 1962." " 11. Amendments of s. 28 . Section twenty-eight of the Principal Act is amended by- (a) inserting after the word " prisoner ", where that word appears the words " or security patient "; (b) inserting after the word " prison ", where that word appears, the words " or security patients' hospital ". 12. Amendments of s. 29 . Section twenty-nine of the Principal Act is amended by- (a) inserting after the words " Circuit Court ", where those words firstly appear, the words " or a District Court "; (b) inserting after the words " Supreme Court ", where those words secondly appear, the words " or, as the case may be, the District Court "; (c) inserting after the words " Circuit Court ", where those words secondly appear, the words " or, as the case may be, of the District Court ".

Prisons Act Amendment Act of 1964, No. 17 189 13. Amendment of s. 31 . Section thirty-one of the Principal Act is amended by inserting after the words " Circuit Court," the words " and, when the production of a prisoner before a District Court is sought, any Judge of a District Court,". 14. Amendment of s. 33. Section thirty-three of the Principal Act is amended by inserting after subsection (2) the following subsections:- " (2A) (a) Any member of the Police Force or any prison officer may arrest, without warrant or further authority than this Act, a prisoner or security patient who has escaped from a prison, a security patients hospital or from legal custody. (b) When a member of the Police Force or a prison officer has arrested a person under this section, he shall cause such person to be detained and, as soon as practicable, to be returned to the custody from which he has escaped and to be surrendered to the Superintendent who had custody of him prior to his escape: Provided that such person may be taken, in either case, to a prison or, in the case of a security patient, to a security patients' hospital, which is more convenient to the place of his arrest than is the place of his former custody, and surrendered to the Superintendent of that prison or security patients' hospital and such Superintendent shall receive him and detain him until he is otherwise lawfully dealt with. (2B) When a security patient has escaped from any place or from legal custody any justice of the peace may, upon application in writing made to him on oath, and upon being satisfied as to the matter of the application, issue a warrant for the apprehension of the security patient and his return to the place or legal custody from which he has escaped. Such warrant may be directed to, and may be executed by, all members of the Police Force and prison officers, or any of them. The provisions of the preceding subsection relating to the manner in which an escapee who has been arrested without warrant may be dealt with apply in relation to the apprehension of an escapee under such a warrant." 15. Amendments of s. 38. Section thirty-eight of the Principal Act is amended by- (a) inserting after the word " prison ", where that word appears elsewhere than in the expression " prison officer ", the words " or security patients' hospital "; (b) inserting after the word " prisoner ", where that word appears, the words " or security patient "; (c) inserting after the word " prisoners ", the words " or security patients ". 16. Amendments of s. 41 . Section forty-one of the Principal Act is amended by inserting after the word " prison ", where that word appears, the words " or security patients' hospital ".

190 Prisons Act Amendment Act of 1964, No. 17 17. Amendments of s. 43. Section forty-three of the Principal Act is amended by- (a) inserting after the word " prisoner ", the words " or security patient (b) inserting after the word " sentence ", the words " or while he was a security patient,".