The Prison Act Amendment Act 1912 (SA)

ANNO TERTIO

GEORGII V REGIS.

No. 1090.

An Act to amend the " Prison Act, 1869," and for other

purposes.

[Assented to, December 12 f h, 19 r 2.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, (1) This Act may be cited alone as " The Prison Act Amend- short title.

ment Act, 19 12."

(2) The Prison Act, 1 R69 " (hereinafter called " the principal NO. 1"-f 1869-70-

Act "), "The Police Prisons Act, 1905," and this Act may be No. 884 of 1906. ,

cited together as The Prison Acts, 1869 to 1912."

2, This Act is incorporated with the principal Act, and "The I n c o ~ ~ t i o n.

in the lines applying to Yatala Labor Prison." 6, Section

Police Prisons Act, 1905," and the said Acts and this Act shall be read together as one Act.

3, Section 3 of the principal Act is amended by inserting the Amendment of ,section 3 of pxincipal

following definition: - Act.

" Prisoner" means any male or female person detained in Definition of

custody in any prison or police prison, irrespective of the "pn""."

cause of' detention, or detained in any police station, watch-

house, or lock-up, charged with, or convicted of, an offence

against the laws of the State.

4. (1) Section 17 of the principal Act is hereby amended by sub- Amendment of

stituting the words G not being less than three calendar months " for section 17. Bemoval to labor

the words	greater than six calendar months" in the third line p-n,
thereof.

(2) The Second Schedule to the principal Act is amended by C ( j q u e n W ,, amendment of

~ubstituting the words three months" for the words "six months nd hhedule.

2 3' GEORGII V, No. 1090.

The Prison Act Amendment Act.-1912.

Provision substituted

for section 20.	5, Section 20 of the principal Act is amended so as to read as f 011 ows :-
Sheriff may remove
hard-labor prisoner	20. The Sheriff, with the approval of the Minister, may remove precincts of the prison in which he is confined, for the purpose of carrying out the labor portion of any sentence, and may employ such prisoner in any such place; and, notwithstanding such removal or employment, the prisoner shall be deemed to be still within the limits of such prison.
beyond prison for	any prisoner under sentence of hard labor to any place beyond the
labor.
Amendment of

mtion 32. 6. (1) Section 32 of the principal Act is amended by substituting

for the first three lines and the first word in the fourth line thereof,

the following provision :-

Time for discharge	Any prisoner confined in a prison whose term of imprisonment shall be entitled to his discharge at noon on the day next preceding such Sunday, Christmas Day, or Good Friday; and the Sheriff may, for such reason as he deems sufficient, permit the discharge of any prisoner at any time during the three days next preceding the day on which his term of imprisonment would lawfully expire.
of priaoner .	would lawfully expire on a Sunday, Christmas Day, or Good Friday,

W.A., W. 48 and 14* 49. lgo3*

(2) The said section 32 is further amended by adding thereto the following proviso, namely :--Provided that whenever any Court, Judge, Magistrate, Juatice, or other tribunal or person, in the exer- cise of any power whether statutory or otherwise, awards or orders, in passing any sentence of imprisonment on any person, that such sentence shall commence at the expiration f any imprisonment to which such person h8s been previously, r is at the same time, adjudged or sentenced, the sentence shall mmence as so awarded or ordered.

Amendments of 7. Section 36 of the principal Act is a nded-

section 36. .f

Puniehment for I. By inserting after the word thereof " in the twelfth line

repeated and other	thereof, the following words :-
offences.	'' or the preferring of any false or frivolous complaint,

charge, or accusation against any officer of the prison

or any prisoner confined therein ";

1 1. By substituting the words " and may also forfeit the whole or any number of marks earned by such prisoner, and may also direct that such prisoner be punished by corporal punishment " for the words or forfeit the whole or any number of marks earned by such prisoners, or that the offender be punished by 'corporal punishment " in the twentieth, twenty-first, and twenty-second lines thereof; and

11 I. By repealing all the words in the said section after the word

a punishment " in the twenty-second line thereof.

Provision substituted 8, Section 41 of the principal Act is amended so as to read as

for seetion 41.

follows :-

Bemov.tto.nofier

gaol or to hospital.

41. (l) The Sheriff may remove any prisoner from any prison

under his control to tiny other prison under his control, or, in cage

of illness, to any hospital, infirmary, or other institution, as occasion

may from time to time seem to him to require. (2) Any

3" GEORGII V, No. IT.

The Priaon Act AWmerc t Ad.-1912.

(2) Any prisoner so removed shall, during such removal, and also whilst in any hospital, infirmary, or other institution (so long as his sentence is not completed) and during his removal therefrom to any prison, be deemed to be in the legal custody of the gaoler of the prison from which he was laet removed; and the Sheriff may, if he thinks fit, appoint any person to take charge of such prisoner whilst he is in any hospital, infirmary, or other institution.

(3) Any prisoner who escapes or attempts to escape from any hospital, infirmary, or other institution shall be deemed to have escaped, or attempted to escape (according to the nature of the case), from a gaol, and shall be dealt with accordingly.

9, (1) When a Special Magistrate or Justice or Justices of the ~sghtrateamay order imprisonment

Peace, in the exercise of any jurisdiction vested in him or them m . nearest polioe

awards or award imprisonment for a term not exceeding seven davs, atation, &c. I U ,, N.8.W. Priaonr Act

he or they- 27, 1899, a. 40 (2).

(a) May direct that such imprisonment shall be in the nearest

police station, watch-houee, or lock-up instead of in any

prison or police prison, and,

(6) If such imprisonment is awarded with hard labor, may direct by Ibid., S. 37 (1).

warrant under his or their hand or hands, that such lnbor cf. principal Act,

shall be performed outside such police station, watch-house, S. 10.

or lock-up.

(2) Any person employed outside a police station, watch-house, or N.S.W. 27, l a w,

lock-up, pursuant to a warrant issued under this section, who escapes S. 37 (2).

or attempts to escape from custody shall be guilty of a misdemeanor, ,. 22.	Cf. principal Act,
and may be sentenced to be imprisoned, with or without hard labor, for any term not exceeding twelve months, and such term shall be in addition to any term of imprisonment current at the time of such escape or attempt to escape.

10. (1) Any term of punishment imposed upon any prisoner under h i s b m e n b under

section 35 or section 36 of the principal Act, shall, unless otherwise et^$	be
directed by the Sheriff or Visiting Justice or the Visiting Justice and otherwise directad.

other Justice of the Peace imposing the same, be cumulative upon vie. oa0I8 not, log6,

all sentences (including any other sentence imposed under either of	189% S. 44.
the said sections) which such prisoner is then serving.

(2) If when any such term is imposed the prisoner is serving any Ibid., 8 46. '

such term previously imposed, the first-mentioned term shall take effect immediately upon the completion of the said term previously imposed, but otherwise shall take effect immediately upon being imposed.

(3) Subject to subsection ( 2 ) of this section, every such term Ibid., 8. 46.

shall have the effect of suspending the service of all previous sen- tences of the prisoner incompleted a t the time it takes effect; and

every such suspended sentence shall, at the expiration of such

suspending term, become again in force, so that no such suspending term shall be computed as a portion of the time served under the suspended sentence. 11, When

3" GEORGII V, No. logo.

The Prism Act Amendment Ad.-1912.

Prisoner may be 11. When a prisoner is charged with an offence, not being the

brought before Courta

without writ of offence or cause for which he is in custody, the Sheriff or any Judge

habeas aorpua. of the Supreme Court or any Justice of the Peace may, by order in

W.A. 14,1903, a. 62. writing, direct the gaoler of the prison where such prisoner is in

custody, to bring him before any Court or such Judge or Justice, or such Judge or Justice as shall be present, to be dealt with according to law; and the gaoler shall obey such order and bring up such prisoner accordingly; and after such prisoner has been so dealt with he shall be restored to his former custody, without any further process or authority, and without prejudice to any cause or matter for which he was originally in custody.

Temporary removal

of prieonera in 12. Any prisoner may, by leave of a Judge of the Supreme Court

intereata of justice.	granted on application made by the Sheriff for that purpose, be taken
N.S.W. 27, 1899,	temporarily from any prison or place of detention to any place in
8. 30.	the said State for any purpose in aid of the administration of justice

w.n. 14, 1803, 66. Or any other bh<ch, in the opinion of the Judge, r&pires

that such temporary removal should, in the interests of justice, be

authorised.

On removal, sheriff's

order sufficient 13, The order of the Sheriff for the removal of a prisoner, who is removed under the provisions of section 40, 41, 42, or 43 of the

,a,nt to convey

and detain.

principal Act, or section 12 of this Act, shall be sufficient authority for all constables and other persons entrusted with the conveyance of such prisoner to keep and convey him accordingly, and to all police prison, police station, watch-house, and lock-up keepers, gaolers, and others to keep and detain such prisoner for so long as convenience may require, for the purpose and in the course of such removal and for the purposes for which the removal takes place.

Legal ouatody of

prisoner outside 14, (1) Every prisoner shall be deemed to be in legal custody

prison w a h whenever he is being taken to or from any vrison, or whenever he is

, , Q , 4. working outside, oris otherwise beyond he walls of any prison in

custody or under the control of aprison or police officer.

(2) Any police or other officer, acting under the warrant of any Justice having power to commit a person to prison, may convey such person to or from any prison to or from which he is committed or removed under such warrant, and during such conveyance such person

shall be deemed to be a prisoner in legal custody.

Tn the name and on behalf of His Majesty, I hereby aseent to

this Bill.

DAY H. BOSANQUET, Governor.

Adelside : Ry authority, R. E. E. RO~PRS, Oovement Printer, North T.rrrme.