Prisons Act of 1874 No 9a (NSW)

No. XIV.

An Act to make better provision for the control of Prisons and for the custody of Prisoners. \21tJi May, 1874.]

\ \ f HEIIEAS it is expedient to make bettei' provision for the control î reambie.

Y Y of Prisons and for the custody of Prisoners Be it thei’cforc

enacted by the Quetai’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows ;—

1. This Act shall come into force on the first day of June in Commencement and

the present year and may be cited as the “ Prisons Act of 1874.”

2. In this Act the word “ Prisons” means and includes

public gaols prisons houses of correction and reformatories for juvenile

’

offenders already or hereafter to be established or used within the

Colony.

3. I t shall be lawful for the Governor with the advice of the Comptroiiei-Gcnerai Executive Council to appoint an officer to be called the “ Comptroller- itputj°&3m7tioikr. General of Prisons” and the person now holding office under that title

shall be deemed to hav(! been appointed under the provisions of this section And the Governor with the like advice may also appoint an officer to be called the “ Deputy Comptroller of Prisons” who shall during the absence sickness or other disability of the said Comptroller General of Prisons have and exercise and be subject to all the powers authorities and obligations respectively which might lawfully be exercised and incurred by the said Comptroller-General of Prisons.

108 No. 14. VIC. 1874.

Prisons.

Transfer of control

of Prisons and	4. The Comptroller-General of Prisons shall (subject to the with the advice aforesaid) have the care direction and control of all prisons within the Colony and also the custody of all convicted prisoners that is to say prisoners committed to such prisons for any crimes otfences or misconduct under or in pursuance of any sentence of any Judge Justice or Court Provided always that the custody of all persons committed to any such prison heforc or after the commence­ ment of this Act not being prisoners under sentence for an indictable offence or adjudication of imprisonment for some offence punishable on summary conviction shall together with all powers rights obligations and liabilities in respect of such persons whetlier under the provisions of any Act or at common law continue to be vested iu and incident to the Sheriff for the time being And in respect of all prisoners who shall not have been convicted and sentenced as aforesaid the Comptroller- General and all gaolers and other officers sliall he deemed to hold such prisoners for and on behalf of the Sheriff who shall have such access to communication with and all other powers and authorities over or in reference to such prisoners as he would have had if this Act had not been passed.
custody of prisoners	exeeptions hereinafter contained and to the control of the Governor
to Comptroller-
General of Prisons.
As to prisoners under
sentence of death.	•5. Nothing in this Act contained shall abridge or otherwise affect the powers authorities and ol)ligations of the Sheriff in respect of prisoners in any prison Tinder sentence of death.
As to writs of
habeas corpus.	0. Where liefore the commencement of this Act any writ of habeas corpus would in respect of the body of the person therein named have been directed to the Sheriff or to the Sherifl' and other persons therein named such writ shall after the commencement of this Act he directed to the Comptroller-General of Prisons and to the other person in such writ named if the custody of the body of such person shall have been by virtue of this Act he vested in such Comptroller-General.
powers &c. of Sherifl
Transfer of certain	7. All powers authorities and obligations by law vested in or public gaols prisons and houses of correction and in respect of the custody of convicted prisoners as hereinbefore defined shall be and the same are hereby declared from and after the commencement of this Act to be transferred from the Sheriff to the Comptroller-General of Prisons.
to Comptroller-	imposed upon the Sheriff in respect of the charge care and direction of
General of Prisons.
Regulations.	8. I t shall he lawful for the Governor with the advice aforesaid to make Pegulations for enabling the Sheriff to carry oat all powers and authorities and fulfil all duties remaining vested in him in relation to prisoners And also to make llegulations for enabling the Comptroller-General of Prisons to exercise all powers and authorities and fulfil all duties vested in or appertaining to him by virtue of this Act Provided that the Pegulations in force at the time of the commencement of this Act shall so far as they are consistent with this Act apply to and be carried into effect by the Comptroller- General of Prisons as fully and effectually as if he had been named in such Regulations instead of the Sheriff.
Regulations to be	9. All llegulations framed under the last preceding section shall be laid before hotli Houses of Parliament withiir one month if Parliament he then sitting and if Parliament he not then sitting then within one month after the commencement of the next ensTiing Session thereof and shall he published in the Government Gazette for general information.
laid before
Parliament.

No. XV.