Weekend Detention Act 1970 (Qld)

183 ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 11 of 1970 An Act to Make Provision for the Imposition of Weekend Detention [ASSENTED TO 13TH APRIL, 1970] 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. Short title . This Act may be cited as the Weekend Detention Act 1970. 2. Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

184 Weekend Detention Act 1970, No. 11 3. Meaning of terms. (1) In this Act, unless the contrary intention appears- "Clerk of the Court" has the same meaning as it has in The Justices Acts 1886 to 1968; " lock-up " includes a police watchhouse; " prison " means a prison within the meaning of the Prisons Act 1958-1969; " Registrar of the Court " includes a Deputy Registrar or a Registrar at a District Registry: The term includes a person for the time being occupying or performing the duties of any such office; "the Court" means any Court of the State of Queensland, including any Commission, Tribunal, Judge, Magistrate or person whomsoever, empowered under any law of the State to impose a sentence of imprisonment, with or without hard labour; " weekend " means a number of consecutive hours being not less than forty-four hours nor more than forty-eight hours commencing at a time, specified in accordance with this Act, after noon on a Friday; "weekend detention" in relation to a person upon whom a sentence of weekend detention is imposed, means detention in a prison or lock-up for the number of consecutive weekends specified in accordance with this Act. (2) For the purpose of relating weekend detention to the period of a sentence of imprisonment, a weekend shall count as two days. (3) Unless the contrary intention appears, a reference in this Act to a notice includes a reference to an amended notice specified in subsection (2) of section 8 of this Act. (4) A person liable to imprisonment with hard labour may be sentenced to weekend detention with or without hard labour. 4. Power to impose weekend detention . (1) The Court may, in any case in which it is of the opinion that a sentence of weekend detention is an appropriate sentence in the circumstances of the case, impose a sentence of weekend detention instead of a sentence of imprisonment for a period of two days or more. (2) Where the power of the Court to impose a sentence of imprisonment is subject to a qualification or limitation or is exercisable upon compliance with a condition, the power to impose weekend detention shall be subject to the like qualification or limitation or shall be exercisable only upon compliance with a like condition. 5. Court order for weekend detention . (1) The Court, in imposing a sentence of weekend detention, shall, in relation to the person upon whom the sentence is imposed, specify in its order-- (a) the number of consecutive weekends to be served; (b) the number of consecutive hours to be served each weekend; (c) the prison or lock-up at which the weekend detention shall be served;

Weekend Detention Act 1970, No. 11 185 (d) the date of and time after noon on the Friday on which the sentence of weekend detention shall commence; and (e) the time after noon on each Friday during the currency of the sentence when that person shall report to the person at the time in charge of the prison or lock-up. (2) Weekend detention imposed pursuant to an order for weekend detention under this Act shall not exceed the period of the sentence of imprisonment that the Court may otherwise lawfully impose. In computing the period, regard shall be had to the provisions of subsection (2) of section 3 of this Act. (3) If at the time the sentence of weekend detention is imposed, neither the person upon whom it is imposed nor his counsel, solicitor or agent is present, a copy of the minute of the Court order shall be given to that person and a copy of such minute shall be given to the person at the time in charge of the prison or lock-up named in the order. This provision shall not derogate from the provisions of The Justices Acts 1886 to 1968, except that the copy of the minute of the Court order shall be given pursuant to this Act to the person upon whom the sentence of weekend detention is imposed in lieu of being given pursuant to The Justices Acts 1886 to 1968. 6. Power to impose weekend detention upon default . The Court may, in any case in which it is of the opinion that a sentence of weekend detention is an appropriate sentence in the circumstances of the case, impose a sentence of weekend detention instead of a sentence of imprisonment for a period of two days or more upon any default being made in the payment of a fine or sum of money, the doing of an act or the compliance with an order. 7. Court order for weekend detention upon default . (1) The Court, in imposing a sentence of weekend detention in default of the payment of a fine or sum of money, the doing of an act or the compliance with an order, shall, in relation to the person upon whom the sentence is imposed, specify in its order- (a) the number of consecutive weekends to be served; (b) the number of consecutive hours to be served each weekend; (c) the prison or lock-up at which the weekend detention shall be served; (d) the time after noon on the Friday on which the sentence of weekend detention shall commence; and (e) the time after noon on each Friday during the currency of the sentence when that person shall report to the person at the time in charge of the prison or lock-up, upon such default being made. (2) Weekend detention imposed in default of the payment of a fine or sum of money, the doing of an act or the compliance with an order shall not exceed the period of the sentence of imprisonment that the Court may otherwise lawfully impose upon such default being made.

186 Weekend Detention Act 1970, No. 11 In computing the period, regard shall be had to the provisions of subsection (2) of section 3 of this Act. (3) If at the time the sentence of weekend detention is imposed in default of the payment of a fine or sum of money, the doing of an act or the compliance with an order, neither the person upon whom it is imposed nor his counsel, solicitor or agent is present, a copy of the minute of the Court order shall be given to that person. This provision shall not derogate from the provisions of The Justices Acts 1886 to 1968, except that the copy of the minute of the Court order shall be given pursuant to this Act to the person upon whom the sentence of weekend detention is imposed upon any default being made as aforesaid in lieu of being given pursuant to The Justices Acts 1886 to 1968. 8. Upon default in compliance with Court order , notice to be given. (1) Where the Court has imposed a sentence of weekend detention in default of compliance in any respect with its order and such default is made, the Court or Registrar of the Court or Clerk of the Court shall give to the person obliged by the order a notice specifying- (a) the manner in which default has been made in respect of the Court order; (b) each of the particulars required to be specified in the Court order pursuant to section 7 of this Act; and (c) the date of the Friday on which the sentence of weekend detention shall commence. (2) Where prior to the giving of a notice pursuant to the preceding subsection part of the fine or sum of money ordered to be paid is paid, the sentence of weekend detention otherwise to be served shall be reduced to the number of weekends that bears to the total number of weekends ordered to be served, as nearly as possible, the proportion that the amount still to be paid on account of the fine or sum of money bears to the amount of the fine or sum of money ordered to be paid, and there shall be specified in such notice the number of consecutive weekends to be served, reduced as aforesaid. Where subsequent to the giving of a notice pursuant to the preceding subsection part of the fine or sum of money ordered to be paid is paid, the sentence of weekend detention otherwise to be served shall be reduced as prescribed by the first paragraph of this subsection, and the Court or Registrar of the Court or Clerk of the Court shall give to the person obliged by the order of the Court an amended notice specifying the number of consecutive weekends to be served, reduced as aforesaid. (3) Where a sentence of weekend detention is reduced in accordance with any provision of the last preceding subsection the person on whom the sentence was imposed shall not be required to serve a sentence longer than the sentence as so reduced. For the purpose of calculating the number of weekends during which a person is to be detained under a sentence of weekend detention which is reduced in accordance with any provision of the last preceding

Weekend Detention Act 1970, No. 11 187 subsection, a part of a weekend shall not be disregarded but shall be treated as the fraction of a weekend it truly represents save where the number of weekends still to be served by him in detention is less than one in which case-- . (a) if such part is one-half of a weekend or greater, detention as for one weekend shall be served in respect thereof; (b) if such part is less than one-half of a weekend, that part shall be disregarded. (4) Where a notice is given pursuant to this section, there shall be given, as soon as practicable thereafter, a copy thereof to the person at the time in charge of the prison or lock-up named in the Court order in question. (5) Where subsequent to the giving of a notice pursuant to this section the order of the Court whereby a sentence of weekend detention was imposed on any person is complied with (subject to this section) the order shall not be further enforced against the person obliged thereunder and the person at the time in charge of the prison or lock-up wherein that person was theretofore required to serve the sentence pursuant to the Court order shall be notified accordingly. If at the time of such notification the person obliged under the Court order in question is detained in the prison or lock-up under that order and for no other lawful cause he shall be forthwith released. (6) The provisions of this section shall not prejudice the application of the provisions of subsection (6) of section 19 of The Criminal Code where, pursuant to this Act, the Court imposes a sentence of weekend detention in lieu of a sentence of imprisonment upon default being made in the payment of a fine. 9. Commencement date of weekend detention to be discretionary. The date of the Friday, as specified in an order or notice under this Act, on which a sentence of weekend detention shall commence may be that of a Friday other than the Friday immediately following the date of the imposition of the sentence of weekend detention or the time when default is made in compliance in any respect with the order of the Court imposing the sentence of weekend detention, as the case may be. 10. Sentenced person to report, etc. A person sentenced to weekend detention shall- (a) report at the date and time and to the prison or lock-up specified in the Court order or the notice; (b) perform such duties in the prison or lock-up as the person at the time in charge thereof from time to time directs. 11. Period of weekend detention . Subject to subsections (3) and (5) of section 8 of this Act, a person sentenced to weekend detention shall, in respect of each weekend during the currency of that sentence, be detained for the number of consecutive hours specified in the Court order or the notice. 12. Duration of sentence of weekend detention . A sentence of weekend detention shall not be imposed for any number of weekends in excess of twenty-six.

188 Weekend Detention Act 1970, No. 11 13. Weekend detention in relation to other sentences . (1) A sentence of weekend detention may be made cumulative on any other sentence of weekend detention : Provided that the total number of weekends during which the person subject to the sentences will be required to be detained under the sentences after the date of the imposition of the further sentence shall not exceed twenty-six. (2) Where a person sentenced to weekend detention is, during the currency of that sentence, sentenced to a term of imprisonment, he shall, in respect of any weekend when he would, but for the sentence of imprisonment, be detained in a prison or lock-up pursuant to a Court order or a notice, be deemed to serve the sentence of imprisonment concurrently with the sentence of weekend detention, so that, in respect of each weekend served by him during the term of his imprisonment, he shall be deemed to have been detained for that weekend under the Court order or the notice. 14. Variation of terms of order . (1) The Court which imposed a sentence of weekend detention, whether or not constituted by the same member or members who constituted it at the time the sentence was imposed, may, on the application of the person on whom the sentence was imposed or on application on behalf of the Crown or without any application if it appears to the Court there is good reason for so doing, direct that- (a) such person serve thereafter his detention at a prison or lock-up other than the prison or lock-up specified in the Court order or the notice; (b) such person report thereafter to the person at the time in charge of the prison or lock-up at a time after noon on each Friday different from the time specified in the Court order or the notice; (c) such person report thereafter to the person at the time in charge of the prison or lock-up on a Friday different from the Friday specified in the Court order or the notice: (d) the Court order imposing the sentence of weekend detention be varied in such other manner as it thinks fit. (2) Where a direction is given pursuant to subsection (1) of this section, the Court order and any notice in relation thereto shall thereafter be read and have effect as so varied pursuant to this section. (3) As soon as practicable after the giving of a direction pursuant to this section- (a) the person whose sentence the giving of the direction concerns; and (b) any person at the time in charge of a prison or lock-up whom the giving of the direction concerns, shall be notified in writing of the giving of the direction and the terms thereof. 15. Legal custody, etc., of person detained . A person sentenced to weekend detention shall, in respect of every weekend of his sentence of weekend detention from the time on each Friday when he is required to

Weekend Detention Act 1970 , No. 11 189 report to the person at the time in charge of the prison or lock-up and until the expiration of the period of detention specified for that weekend,- (a) in the case of a prison, be deemed to be a prisoner within the meaning of the Prisons Act 1958-1969 and in the legal custody of the person at the time in charge of the prison; (b) in the case of a lockup, be deemed to be in a place of legal confinement and in the legal custody of the person at the time in charge of the lock-up. 16. Escape from prison or lock -up. (1) A person sentenced to weekend detention who fails to report to the person at the time in charge of the prison or lock-up specified in the Court order made or notice given pursuant to this Act on the date of and at the time after noon on any Friday specified therein shall be deemed thereupon to be a prisoner who escapes from or out of that prison and from the legal custody of the person at the time in charge of the prison or a person who escapes out of a place of legal confinement as the case may be. Such person shall thereafter be deemed to be a person so escaped notwithstanding the expiration of the period of weekend detention to be served on the weekend in question. (2) A person who escapes pursuant to subsection (1) of this section shall, without any specific order or any authority other than this Act, serve, in lieu of the sentence or balance of the sentence of weekend detention imposed on him under this Act, a sentence of imprisonment equivalent to the weekend detention at that time to be served by him. In computing the period of imprisonment, regard shall be had to the provisions of subsection (2) of section 3 of this Act. (3) The provisions of this section are additional to and not in derogation of the provisions of sections 33 and 34 of the Prisons Act 1958-1969, section 30 of The Vagrants, Gaming, and Other Offences Acts 1931 to 1967, section 143 of The Criminal Code and any other law of the State relating to persons escaping from or out of a prison or place of legal confinement, or from legal custody, or any provision in substitution for any of these provisions. (4) Any member of the police force may arrest, without warrant or further authority than this Act, a person who, pursuant to subsection (1) of this section, escapes out of a place of legal confinement, anything contained in any other Act to the contrary notwithstanding. (5) A person who, pursuant to subsection (1) of this section, escapes out of a place of legal confinement and in relation thereto is proceeded against for an offence under section 30 of The Vagrants, Gaming, and Other Offences Acts 1931 to 1967 or any provision in substitution therefor is, notwithstanding the provisions as to punishment contained in that section, liable to the same punishment as that to which a person is liable who, pursuant to subsection (1) of this section, escapes from a prison or legal custody and is proceeded against for an offence under section 33 of the Prisons Act 1958-1969 or any provision in substitution therefor. (6) A person sentenced to weekend detention, required to report to the person in charge of a prison or lock-up specified in a Court order made or notice given pursuant to this Act, shall be deemed to have reported to that person if he reports- (a) to the holder of an office or other person; and (b) at a place, prescribed by regulations made under this Act and applicable to him.

190 Weekend Detention Act 1970, No. 11 17. Mode of service and of proof . (1) A writing required by this Act to be given to any person may be given to the person to whom it is required to be given- (a) by serving it on that person personally; or (b) by sending it by prepaid registered post addressed to that person at his place of residence or business last known to the Court by which or the person by whom the writing is so required to be given. (2) In any proceeding- (a) a certificate that a writing required by this Act to be given to any person was given to him in a manner prescribed by the preceding subsection and setting out the manner in which the writing was so given and the date of personal service or, as the case may be, the date of sending by prepaid registered post shall, where it purports to be signed by the person by whom the writing is so required to be given (or, in the case of the Court, by the Registrar of the Court or Clerk of the Court), upon its production, be admitted as evidence and, in the absence of evidence to the contrary, be accepted as conclusive evidence of the matters contained therein and that, in the case of the sending of a writing by prepaid registered post pursuant to the preceding subsection, the writing was given to the person to whom it was addressed on the date when it would be delivered in the ordinary course of the post; (b) a writing certified to be a copy of a minute, notice, amended notice, notification or other writing required by this Act to be given to any person shall, where it is so certified by the person required by this Act to give the same (or, in the case of the Court, by the Registrar of the Court or Clerk of the Court), upon its production, be admitted as evidence and, in the absence of evidence to the contrary, be accepted as conclusive evidence of the matters contained in the original minute, notice, amended notice, notification or other writing of which it is certified to be a copy. (3) If it is made to appear to the Court, whether or not constituted by the same member or members who constituted it at the time a sentence of weekend detention was imposed, that a writing required by this Act to be given to any person cannot be given in a manner prescribed by subsection (1) of this section, the Court may, upon an affidavit setting forth the grounds upon which the application is made, make such order for substituted or other giving of the writing or for the substitution for the giving of the writing in a manner prescribed of the giving of it by advertisement or otherwise, as it thinks proper, and where any such order has been carried out the steps taken shall have the same effect as giving the writing in a manner prescribed. 18. Offences . (1) Any person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act. (2) Any person guilty of an offence against this Act, in respect of which offence no specific penalty is otherwise prescribed, shall be liable to a penalty not exceeding two hundred dollars.

Weekend Detention Act 1970, No. 11 191 (3) All offences against this Act may be prosecuted in a summary way under The Justices Acts, 1886 to 1968. 19. Rules of Court . (1) Where, pursuant to any Act or enactment, Rules of Court may be made in respect of the Court, the power to make those Rules of Court shall include power to make such Rules of Court as may be deemed necessary or convenient for the purpose of giving full effect to this Act and for regulating the procedure and practice of the Court in relation thereto. (2) Until such Rules of Court are made as aforesaid, or in so far as such Rules do not extend, the Court may, in a particular case, give such directions as it thinks fit, and the directions shall, according to their tenor, have in that case the force and effect of Rules made under the relevant Act or enactment for the purposes hereof. 20. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to- (a) powers, authorities, functions and duties of a person in charge of a prison or lock-up in relation to weekend detention; (b) providing for and regulating the employment, training, and activities generally of persons detained in a prison or lock-up pursuant to a sentence of weekend detention; (c) providing for the forms to be used for the purposes of this Act other than forms for matters and proceedings in the Court where those forms have been prescribed pursuant to Rules of Court; (d) providing for and regulating all matters required or permitted by this Act to be prescribed where the method of prescription is not otherwise provided; (e) all matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act. (2) The power to regulate conferred by the provisions of subsection (1) of this section includes the power to prohibit. (3) Regulations may be made to apply generally or to meet a particular case or class of case. 21. Procedural provisions re regulations . (1) Every regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed; (c) take effect on and from the date of its publication in the Gazette unless a later date is specified in relation to its commencement when, in such case, it shall take effect on and from that later date; (d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Assembly is in session, but, if not, then within fourteen sitting days after the commencement of the next session.

192 Weekend Detention Act 1970, No. 11 (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after a regulation has been laid before it disallowing the regulation or part thereof, the regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further regulation.