Prisons (Further Amendment) Act 1986 (NSW)
PRISONS (FURTHER AMENDMENT) ACT 1986 No. 188
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Act No. 9, 1952
SCHEDULE 1—AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION
SCHEDULE 2—AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE
SCHEDULE 3—MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS TO
THE PRISONS ACT 1952
PRISONS (FURTHER AMENDMENT) ACT 1986 No. 188
NEW SOUTH WALES
Act No. 188, 1986
An Act to amend the Prisons Act 1952 with respect to the remission of sentences and prsion discipline and in certain other respects. [Assented to
18 December 1986]
Sec also Crimes (Remissions) Further Amendment Act 1986
Act No. 188
Prisons (Further Amendment) 1986
BE it enacted by the Queen'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:
Short title
1. This Act may be cited as the "Prisons (Further Amendment) Act
1986".
Commencement
2. (1) Sections 1 and 2 shall commence on the date of assent to this
Act.
(2) Except as provided by subsection (1), this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.
Amendment of Act No. 9, 1952
3. The Prisons Act 1952 is amended in the manner set forth in
Schedules 1-3.
SCHEDULE 1
(Sec. 3)
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION
| (1) Section 41 (Expiration of sentence)— |
(a) Section 41 (2)—
Omit the subsection, insert instead:(2) If the term of imprisonment of a convicted prisoner would otherwise terminate on a Saturday, Sunday or public holiday, the Commission may discharge the prisoner from prison on the last day that is not a Saturday, Sunday or public holiday.
(b) Section 41 (3), (4)—
Omit the subsections.Prisons (Further Amendment) 1986
SCHEDULE 1—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION —continued
(c) Section 41 (5)— Omit "granted remission pursuant to the foregoing provisions", insert instead "granted remission under Part XI".
(2) Section 41A (Royal prerogative of mercy preserved)—
After "this Act", insert "(including Part XI)".
(3) Part XI—
After Part X, insert:
PART XI
REMISSION
Definitions
62. In this Part—
"imprisonment" means a period served by a convicted prisoner
in prison or otherwise in lawful custody, and includes—
(a)
a period so served as a consequence of a sentence of penal servitude; and
(b)
a period so served on remand which forms part of the sentence for the offence of which the prisoner is convicted,
but does not include— (c) street-time, being a period during which the prisoner is— (i) released under a probation order, a parole order or a licence under section 463 of the Crimes Act 1900; or
(ii) unlawfully at large after escaping from prison or other lawful custody;
(d)
a period served by way of periodic detention under the Periodic Detention of Prisoners Act 1981; or
4 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE I—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION —continued
(e) a period served before the commencement of this Part; "month" means a calendar month and not a named month of
a year.
Commission to determine each month remissions to be granted
(1) The Commission shall, at the end of each month of imprisonment, determine the number of days of remission (if any) to be granted to each convicted prisoner in respect of the sentence or sentences being served during that month.
63.
(2) If a sentence is backdated to a time when the prisoner was on remand in connection with the offence, the Commission shall, as soon as practicable after the sentence is imposed, determine the number of days of remission (if any) to be granted to the prisoner in respect of each month of the sentence served on remand.
(3) The Commission may make provisional determinations under this section in respect of prisoners on remand for the purposes of determinations to be made under subsection (2).
(4) If, at the end of a month of imprisonment—
(a)
a convicted prisoner is granted a number of days of remission under section 64 (1) (a) or (b);
(b) as a result the prisoner is due to be released at or after the
end of the next month; and (c)
it appears to the Commission that the prisoner would be entitled to be released before the end of that next month if the prisoner were to be granted the same number of days of remission at the end of that next month,
the Commission shall thereupon make a further determination
and grant the prisoner that same number of days of remission.(5) A determination of the Commission under this section is final and shall not be liable to "be challenged, appealed against, quashed or called into question by any court.
Prisons (Further Amendment) 1986
SCHEDULE 1—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION —continued
Number of days of remission to be granted
64. (1) The Commission shall grant the following remission
to a convicted prisoner in respect of each month of imprisonment:
(a) such number of days of remission (not exceeding 15 days) as the Commission considers appropriate having regard to the prisoner's general conduct during the whole of the month and the prisoner's performance in industry or education (or both) during the whole of the month; (b) 2 days of remission if the prisoner is imprisoned in an open institution during the whole of the month; (c) such number of days of remission as may be prescribed by the regulations for any period during the month that the Minister has certified to be a period throughout which the prisoner, or prisoners of a class including the prisoner, has or have suffered deprivation due to an industrial dispute; (d) such further remission as may be prescribed by the regulations. (2) The Commission shall not grant remission under subsection (1) (b) or (c) in respect of any period unless it is satisfied that the prisoner has exhibited good general conduct during that period.
(3) The Commission shall not, in considering the general
conduct of a prisoner for the purposes of granting remission, take
offence or other offence and for which the prisoner has been or is into account particular misconduct which constitutes a prison likely to be dealt with under this Act or under any other Act or law. (4) If a prisoner is dealt with under this Act or under any other Act or law for misconduct that the Commission previously took into account in making a determination for the purpose of granting remission, the Commission shall revise the determination previously made but without taking that misconduct into account in determining the number of days of remission to be granted to the prisoner.
6 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 1—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION —continued
(5) In determining the number of days of remission to be granted under this section, the Commission shall have regard to such guidelines as the Minister may, after consultation with the Attorney General, determine from time to time.
(6) The granting of remission under this Part to a convicted prisoner shall be subject to any order made by a judge under section 69 with respect to the prisoner.
Notification of determinations, etc.
(1) The Commission shall notify a convicted prisoner in writing of any determination to grant, or not to grant, any remission of the prisoner's sentence and of the reasons for the determination.
65.
(2) The reasons for a determination shall include a reference to any particular misconduct taken into account in making the determination.
(3) Notifications under this section shall contain such information as may be prescribed by the regulations relating to the expected date of release of convicted prisoners on the remission of their sentences.
Prisoners not entitled to remission
66. (1) A convicted prisoner is not entitled under this Part to
remission of—
(a)
a sentence of imprisonment for a term of less than 1 month, unless the term of the sentence and any other cumulative sentence imposed on the prisoner exceeds 1 month;
(b) a sentence of imprisonment for life;
(c)
a sentence of imprisonment during the Governor's pleasure; or
Prisons (Further Amendment) 1986
SCHEDULE 1— continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION —continued
(d)
a sentence of imprisonment in respect of which remission is not to be granted by order of the judge imposing the sentence under section 69.
(2) The regulations may provide that remission—
(a)
shall not be granted under this Part in respect of sentences of a class specified in the regulations; or
(b)
may be granted only in such circumstances as the regulations may specify.
Forfeiture of remission for escape
(1) A prisoner who is convicted of an offence for escaping from prison or otherwise from lawful custody forfeits all remission previously granted under this Part in respect of the sentence or sentences being served at the time of the escape.
67.
(2) A court which sentences the prisoner for the offence may
restore all or any part of the remission forfeited under this section.
Reduction of sentences and release from prison after remission
(1) Any remission granted under this Part in respect of a period of imprisonment reduces, by the number of days of remission granted and not forfeited, the sentence, or each sentence, being served by the prisoner during that period (other than a sentence that expired during that period).
68.
or any other Act or law, be released from prison when the (2) A convicted prisoner shall, unless sooner released under this sentence, or each sentence, being served by the prisoner has, by reduction under this Part, expired.
Judge may refuse remission69. (1) Where a person—
(a)
was convicted before, or is convicted on or after, the day on which this Part commences; and
(b) is sentenced on or after that day by a judge,
8 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 1— continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
REMISSION —continued
the judge may, on sentencing the person, order that the person shall not be entitled to any remission, or to any remission granted in such circumstances as the judge may specify, in so far as the remission would, but for the order, reduce the term of the sentence.
(2) A judge shall not make an order under subsection (1) unless it appears to the judge that the making of the order is desirable by reason of the nature of the offence or the antecedent character of the person convicted.
(3) Where a judge makes an order under subsection (1), the judge shall state the reasons for the order.
SCHEDULE 2
(Sec. 3)
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE
| (1) Section 4 (Definitions)— |
Section 4, definition of "prison offence"—
After the definition of "prison", insert:
"prison offence" means a prison offence declared under section
23;
Prisons (Further Amendment) J986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
(2) Part IV—
Omit the Part, insert instead:
PART IV
PRISON DISCIPLINE
Prison offences to be declared by regulations
23. (1) The regulations may declare as a prison offence—
(a)
a contravention (whether by act or omission) of a specified provision of the regulations by a prisoner; or
(b) any other act or omission by a prisoner,
if it occurs while the prisoner is within a prison or is deemed to
be in the custody of the governor of a prison.(2) An act or omission may be declared to be a prison offence even though it constitutes an offence against this or any other Act or any other law.
(3) A prison offence may be dealt with under this Part by the
governor of a prison or the Visiting Justice for a prison, eventhough the offence was committed or was alleged to have been
Laying of charges and inquiries by governor of prison committed while the prisoner was within another prison or in the custody of the governor of another prison. 24. (1) If it is alleged that a prisoner has committed a prison
offence, the governor of a prison may charge the prisoner with the
offence and conduct an inquiry into the allegation.
(2) Regulations may be made with respect to the making of any such charge and the conduct of any such inquiry.
10 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
(3) The following provisions apply to any inquiry by the governor of a prison into an alleged orison offence:
(a) The inquiry shall be conducted with as little formality and technicality, and with as much expedition, as fairness to the prisoner charged, the requirements of this Act or the regulations and the proper consideration of the charge permit. (b) The governor of the prison is not bound by the rules of evidence but may inform himself or herself of any matter in such manner as the governor thinks fit. (c) The prisoner is entitled to be heard at any hearing during the inquiry and to examine and cross-examine witnesses. (d) Except as provided by paragraph (e), the prisoner is not entitled to be represented by a barrister or solicitor or by any other person. (c) The governor of the prison shall allow a person (other than a barrister or solicitor) to represent or assist the prisoner if the governor is satisfied that the prisoner does not sufficiently understand the nature of the inquiry or that the prisoner does not understand English or is otherwise unable properly to represent himself or herself during the
inquiry. (0 If the prisoner refuses or fails to attend at any hearing during the inquiry, the governor of the prison may hear and determine the matter in the prisoner's absence.
(g)
Evidence shall not be given on oath or affirmation or by affidavit at any hearing during the inquiry.
(h)
The governor of a prison may allow such prison officers or other persons to be present and be heard at any hearing during the inquiry as the governor thinks fit.
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
(i) The governor of a prison may transfer the conduct of an inquiry to the governor of another prison to which the prisoner has been transferred.
Governor of prison may impose penalties for certain prison offences
25. (1) In this section—
"minor prison offence" means a prison offence declared by the regulations to be a minor prison offence for the purposes of this section.
(2) If, after conducting an inquiry into an alleged minor prison offence, the governor of a prison is satisfied beyond reasonable doubt that the allegation against the prisoner has been proved, the governor may impose one (but not more than one) of the following penalties:
(a) reprimand and caution;
(b)
deprivation of specified amenities or privileges for a period not exceeding 28 days (being amenities or privileges of a kind prescribed by the regulations for the purposes of this paragraph);
(c) confinement to the prisoner's cell for a period not exceeding 3 days, with or without deprivation of amenities
or privileges as referred to in paragraph (b);
(d)
cancellation of any right to specified payments under section 20 (3) for a period not exceeding 14 days, but only where those payments are bonus or other payments additional to the payments made at the base rate to all or any class of prisoners;
(e)
forfeiture of a specified number of days of remission, not exceeding 7 days, credited to the prisoner.
12 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
(3) If. after conducting an inquiry into an alleged minor prison offence, the governor of a prison is satisfied beyond reasonable doubt that the allegation has been proved but is of the opinion that a penalty should not be imposed—
(a) the governor may dismiss the charge; or
(b) the governor may defer imposing a penalty on condition that the prisoner be of good behaviour for a specified period (not exceeding 2 months) and, if the condition is complied with, dismiss the charge after the end of that period.
(4) If, after conducting an inquiry into an alleged minor prison offence, the governor of a prison is not satisfied beyond reasonable doubt that the allegation has been proved, the governor shall dismiss the charge.
(5) A penalty imposed on a prisoner by the governor of a prison may be rescinded or remitted by the governor of the prison or the Commission.
(6) If a prisoner does not have credited, when a penalty is imposed under subsection (2) (e), the specified number of days of remission forfeited, the forfeiture operates as and when remission accrues.
Reference of certain prison offences to Visiting Justice
(1) The governor of a prison who has charged a prisoner
with a prison offence may refer the charge to a Visiting Justice
for hearing and determination.
26.
(2) A charge must be referred to a Visiting Justice—
(a)
if the alleged offence is not a minor prison offence within the meaning of section 25; or
(b)
if the alleged offence is such a minor prison offence but the governor is satisfied that the seriousness of the matter is such that it should be referred to a Visiting Justice.
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
(3) A charge may be referred to a Visiting Justice without any inquiry being conducted into the allegation by the governor of the prison or may be so referred after or during the course of any such inquiry.
Procedure at hearings before Visiting Justice
26A. (1) In proceedings before a Visiting Justice under this Part, the procedures under the Justices Act 1902 in relation to the hearing and determination of an information laid under section 52 of that Act apply, subject to such modifications as are prescribed by the regulations and to such other modifications as the Visiting Justice considers appropriate.
(2) In proceedings before a Visiting Justice under this Part, the prisoner is entitled to be represented by a barrister or solicitor.
(3) Any hearing in proceedings before a Visiting Justice shall be held in the prison for which the Visiting Justice has been appointed.
(4) A Visiting Justice may transfer proceedings to the Visiting Justice for another prison to which the prisoner has been transferred.
Imposition of penalty by Visiting Justice
26B. (1) If, after hearing a charge referred under section 26, a Visiting Justice is satisfied beyond reasonable doubt that the allegation against the prisoner has been proved, the Visiting Justice may impose one (but not more than one) of the following penalties:
(a) reprimand and caution;
(b)
deprivation of specified amenities or privileges for a period not exceeding 56 days (being amenities or privileges of a kind prescribed by the regulations for the purposes of this paragraph);
14 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
(c) confinement to the prisoner's cell for a period not exceeding 28 days, with or without deprivation of amenities or privileges as referred to in paragraph (b); (d) cancellation of any rights to specified payments under section 20 (3) for a period not exceeding 14 days, but only where those payments are bonus or other payments additional to the payments made at the base rate to all or any class of prisoners; (e) forfeiture of a specified number of days of remission, not exceeding 28 days, credited to the prisoner.
(2) If, after hearing a charge referred under section 26, a Visiting Justice is satisfied beyond reasonable doubt that the allegation has been proved but is of the opinion that a penalty should not be imposed, the Visiting Justice may dismiss the charge.
(3) If, after hearing a charge referred under section 26, a Visiting Justice is not satisfied beyond reasonable doubt that the allegation has been proved, the Visiting Justice shall dismiss the charge.
(4) If a prisoner does not have credited, when a penalty is
imposed under subsection (1) (e), the specified number of days ofremission forfeited, the forfeiture operates as and when remission
accrues. Prison offences may be dealt with summarily or on indictment
26c. If, on the hearing of a charge against a prisoner, the Visiting Justice is of the opinion that the act or omission constituting the alleged prison offence is an offence which could be prosecuted summarily before a Local Court or on indictment and which should be so prosecuted, the Visiting Justice shall terminate the hearing and order that the prisoner be conveyed to a Local Court to be dealt with according to law.
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
Payment of compensation by prisoner for damage to property, etc.
26D. (1) If a prisoner causes any loss of or damage to property as a result of committing a prison offence, the governor of the prison or the Visiting Justice who deals with the charge may, whether or not a penalty is imposed for the offence, order that the prisoner pay to the Commission or, if the property is owned by some other person, to that other person a specified amount as compensation for the loss or damage.
(2) The maximum amount that a prisoner may be ordered to pay as compensation shall not exceed—
(a) in the case of an order by a Visiting Justice—$300; or
(b) in the case of an order by the governor of a prison—$50. (3) Compensation that a prisoner is ordered to pay under this section is payable out of any money held by the governor of a prison on behalf of the prisoner or out of any other money otherwise payable to the prisoner under this Act or the regulations.
Cumulative punishments
26E. If— (a) a prisoner is charged with 2 or more prison offences; and
(b)
those charges are determined together or arise out of a single incident,
any cumulative penalties imposed under this Act by the governor of a prison or a Visiting Justice shall not, in respect of any particular kind of penalty, exceed the maximum forfeiture, deprivation, confinement or cancellation that may be imposed for that penalty in the case of a single prison offence.
Record of punishments imposed for prison offences 26F. (1) If the governor of a prison or a Visiting Justice imposes a penalty on a prisoner for committing a prison offence, the governor or Visiting Justice shall cause to be recorded—
(a) a statement of the nature and date of the offence;
16 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
(b) the name of the offender;
(c) the date of sentence;(d) the punishment imposed; and
(e) any order under section 26D for the payment of compensation. (2) Any such record shall be kept at the prison concerned and may be made available for inspection to such persons as the Commission considers appropriate.
(3) The regulations may make provision for or with respect to the disposal of any such record.
Appeals against decisions of Visiting Justices
26G. (1) An appeal lies to the District Court under section 122 of the Justices Act 1902 against the decision of a Visiting Justice to impose a penalty on a prisoner in proceedings under this Part as if the decision were a decision of a Local Court constituted by a Magistrate.
(2) The provisions of the Justices Act 1902 relating to the determination of appeals against decisions of a Local Court apply to the determination of an appeal against a decision of a Visiting Justice, subject to such modifications as are prescribed by the regulations or as the District Court considers appropriate.
(3) The regulations may make provision for or with respect to the lodging and determination of appeals under this section. (4) A prisoner is entitled, subject to any order of the District Court on the appeal, to a stay in the execution of a penalty imposed by a Visiting Justice (other than a reprimand and caution) if an appeal is lodged within the period of 7 days after the penalty was imposed.
(5) In this section—
"penalty" includes an order under section 26D for the payment
of compensation.
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
Other criminal proceedings for same offence
26H. (1) The decision of a Visiting Justice in proceedings under this Part in relation to a prison offence shall be deemed to be the decision of a court in relation to a criminal offence for the purpose of determining whether criminal proceedings may be brought for the same act or omission that constituted the prison offence.
(2) Proceedings shall not be taken or continued under this Part in relation to a prison offence if criminal proceedings are brought in a court for the same act or omission that constitutes the prison offence.
Offence for making false, etc., statements
(1) A person shall not make a statement that is false or misleading in a material particular at or in connection with an inquiry by, or hearing before, the governor of a prison or a Visiting Justice under this Part.
26i.
(2) This section does not apply to evidence given on oath or affirmation or by affidavit before a Visiting Justice or a statement verified by statutory declaration.
Penalty: $500.
(3) Section 50 (Regulations)—
(a) Section 50(1)01), 0'2)—
After section 50 (1) (j), insert:(jl) requiring prisoners to undergo breath tests, to supply specimens of urine and to undergo other tests and provide other specimens in connection with the good order, discipline and health of prisoners;
(j2) the analysis of any such test or specimen and the admission as prima facie evidence in any proceedings of certificates relating to the results of any such analysis;
18 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 2—continued
AMENDMENTS TO THE PRISONS ACT 1952 RELATING TO
PRISON DISCIPLINE—continued
(b) Section 50 (2)—
After "impose", insert "(except in the case of a prison offence)".
SCHEDULE 3
(Sec. 3)
MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS TO THE
PRISONS ACT 1952
(1) Section 2 (Division into Parts)—
Omit the section.
(2) Section 3 (Repeals and savings)—
(a) Section 3 (3)—
Omit the subsection.(b) Section 3 (5)—
After section 3 (4), insert:(5) Schedule 8 has effect.
(3) Section 4 (Definitions)—
Section 4, definition of "prison rules"—
Omit the definition.
(4) Section 7A (Chairman's powers, authorities, duties and functions)—
(a) Section 7A (l)(b)— under the prison rules", insert instead "or under regulations made under this or any other Act".
(b) Section 7A (2)—
Omit ", regulation or prison rules", insert instead "or regulation".
Prisons (Further Amendment) 1986
SCHEDULE 3—continued
MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS TO THE
PRISONS ACT 1952—continued
(5) Section 47—
After section 46, insert: Proceedings for offences
47. Subject to Part IV, proceedings for offences against this Act or the regulations (not being offences for which a sentence of penal servitude may be imposed) shall be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.
(6) Section 48c (Annual report)—
Omit the section.
(7) Section 49 (Rules)—Omit the section.
(8) Section 60 (Functions of the Board)—
(a)
Section 60 (J) (b)— Omit the paragraph.
(b) Section 60 (3)—
Omit ", (b)".(9) Section 61 (Special provisions relating to certain recommendations of
the Board)—
(a) Section 61 (1)—
Omit ", (b)".
(b) Section 61 (2), (3)— Omit ", or a recommendation referred to in section 60 (1) (b) that an offender be granted a remission under section 462 (1) of that Act," wherever occurring.
(10) Schedule 5—
Clause 8 (2) (a) (ii)—
Omit "462 or".
20 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 3—continued
MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS TO THE
PRISONS ACT 1952—continued
(II) Schedule 8—
After Schedule 7, insert:
SCHEDULE 8
(Sec. 3 (5))
SAVINGS AND TRANSITIONAL PROVISIONS
PART 1
SAVINGS AND TRANSITIONAL REGULATIONS CONSEQUENT ON
ENACTMENT OF CERTAIN ACTS
Regulations
1. (1) The regulations may make provision of a savings or transitional nature consequent on the enactment of the following Acts:
Prisons (Further Amendment) Act 1986.
Crimes (Remissions) Further Amendment Act 1986.
(2) A provision made under subclause (1) may, if the regulations under this clause so provide, take effect as from the date of assent to the Act concerned or a later day.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State
or an authority of the Stale), the rights of that person existing before the date of its publication; or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) A provision made under subclause (1) shall, if the regulations under this
clause so provide, have effect notwithstanding any other clause of this Schedule.
Prisons (Further Amendment) 1986
SCHEDULE 3—continued
MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS TO THE
PRISONS ACT 1952—continued
PART 2
PROVISIONS CONSEQUENT ON ENACTMENT OF PRISONS
(FURTHER AMENDMENT) ACT T986
Interpretation
2. In this Part—
"Amending Act" means the Prisons (Further Amendment) Act 1986.
Preservation of existing remission
(1) Any remission to which a convicted prisoner is entitled immediately before the commencement of Part XI—
3.
(a) pursuant to section 41 and the regulations; or
(b) pursuant to the exercise of the Royal prerogative of mercy,in respect of that part of the sentence or sentences that the prisoner has served (rounded off to the nearest whole number of days) shall, on that commencement, be deemed to be remission granted to the prisoner under Part
XI.
(2) The Commission shall, as soon as practicable after the commencement of Part XI, determine the number of days of remission to which each convicted prisoner is entitled on that commencement and shall notify the prisoner in writing of the determination.
(3) The period by which— (a) a non-parole period is required to be reduced in relation to a prisoner pursuant to section 25 of the Probation and Parole Act 1983; or (b) a non-probation period is required to be reduced in relation to a prisoner pursuant to section 10 of that Act. may, in accordance with the regulations under that Act, be redetermined at the commencement of Part XI having regard to the remission to which the prisoner is entitled on that commencement under this clause.
22 Act No. 188
Prisons (Further Amendment) 1986
SCHEDULE 3—continued
MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS TO THE
PRISONS ACT 1952—continued
Construction of references to remission regulations
4. On and from the commencement of Part XI, a reference (however expressed) in any other Act or any instrument made under any Act or in any other instrument of any kind to the regulations under this Act relating to the remission of sentences of imprisonment shall be read as a reference to Part XI.
Preservation of existing orders refusing remission
5. An order of a judge under section 460A of the Crimes Act 1900 and in force immediately before the repeal of that section shall be deemed to be an order under section 69 of this Act.
Rules continued in force
(1) Any rules made under this Act and in force immediately before the commencement of Schedule 3 (7) to the Amending Act shall, except to the extent that they are inconsistent with this Act or the regulations, continue to apply to the management, control, good government, supervision and inspection of prisons until they are repealed by the Commission or they expire under subclause (2), whichever first occurs.
6.
(2) This clause and the rules made under this Act expire 2 years after the commencement of Schedule 3 (7) to the Amending Act.
Previous prison offences not affected 7. (1) In this clause— "previous prison offence" means an offence against prison discipline within the meaning of section 23 (as in force before the commencement of Schedule 2 (2) to the Amending Act) which was committed before that commencement. (2) A previous prison offence shall be dealt with, and any pending proceedings in respect of such an offence shall be disposed of, as if this Act had not been amended by the Amending Act.
(3) The Amending Act does not affect any penalty duly imposed for a previous prison offence.
Prisons (Further Amendment) 1986
SCHEDULE 3—continued
MISCELLANEOUS AND CONSEQUENTIAL AMENDMENTS TO THE
PRISONS ACT 1952—combined
Previous record of punishments to be kept
-\ny book kept under section 26 (as in force immediately before the
commencement of Schedule 2 (2) to the Amending Act) shall be deemed to be
a record made under section 26F.
8.
0
0
0