Territory of COCOS (KEELING) IslanDS
Imprisonment and Custody of Offenders Ordinance 1998
No. 4 of 1998
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following ordinance under the Cocos (Keeling) Islands Act 1955.
Dated 12 November 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
IAN MACDONALD
Minister for Regional Services, Territories andLocal Government
Territory of COCOS (KEELING) IslanDS
Imprisonment and Custody of Offenders Ordinance 1998
No. 4 of 19981
made under the
Cocos (Keeling) Islands Act 1955
An ordinance to amend the law of the Territory relating to imprisonment and custody of offenders
Contents
Page
1 Name of ordinance 2
2 Commencement 2
3 Amendment of certain other laws of the Territory 2
Schedule 1 Amendments of Territory laws 3
Part 1 Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.) 3
Part 2 Amendments of Justices Act 1902 (W.A.) (C.K.I.) 3
Part 3 Amendment of Prisons Act 1981 (W.A.) (C.K.I.) 4
Part 4 Amendments of Young Offenders Act 1994
(W.A.) (C.K.I.) 5
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1 Name of ordinance
This ordinance is the Imprisonment and Custody of Offenders Ordinance 1998.
2 Commencement
This ordinance commences on gazettal.
3 Amendment of certain other laws of the Territory
Schedule 1 amends:
(a) the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.); and
(b) the Justices Act 1902 (W.A.) (C.K.I.); and
(c) the Prisons Act 1981 (W.A.) (C.K.I.); and
(d) the Young Offenders Act 1994 (W.A.) (C.K.I.).
Schedule 1 Amendments of Territory laws
(section 3)
Part 1 Amendment of Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.)
[1] After subsection 24 (1)
insert
(1A) To avoid doubt, the authorized hospital, declared place, detention centre or prison need not be in the Territory.
Part 2 Amendments of Justices Act 1902 (W.A.) (C.K.I.)
[2] Section 123
omit
On committing the defendant
insert
(1) On committing the defendant
[3] Section 123
insert
(2) To avoid doubt, the place where the defendant is to be kept in custody need not be in the Territory.
[4] After subsection 159 (2)
insert
(3) To avoid doubt, the place where the defendant is to be imprisoned need not be in the Territory.
Part 3 Amendment of Prisons Act 1981 (W.A.) (C.K.I.)
[5] Section 33
substitute
33 Provision of fare home on release
(1) When a prisoner is released from prison, the chief executive officer may give him or her the means of returning to his or her home or usual place of residence in the Territory by causing his fare to be paid, or by providing transport.
(2) However, subsection (1) does not entitle a person who was a prisoner outside the Territory to be given the means to return to the Territory if, after release, he or she became ordinarily resident outside the Territory.
Part 4 Amendments of Young Offenders Act 1994 (W.A.) (C.K.I.)
[6] Paragraph 118 (1) (a)
substitute
(a) impose a term of imprisonment under Part 13 of the Sentencing Act 1995 (W.A.) (C.K.I.); or
[7] Subsection 118 (3)
omit
Note
1. Made by the Governor-General on 12 November 1998, and notified in the Commonwealth of Australia Gazette on 13 November 1998. Administered by the Minister for Regional Services, Territories and Local Government.
Overview
The Imprisonment and Custody of Offenders Ordinance 1998, enacted under the Cocos (Keeling) Islands Act 1955, addresses the need to clarify and update the legal framework governing imprisonment and custody of offenders within the Territory of Cocos (Keeling) Islands. This legislative instrument was issued by the Governor-General of the Commonwealth of Australia, with advice from the Federal Executive Council, and is administered by the Minister for Regional Services, Territories and Local Government. The primary objective of this ordinance is to amend existing laws to ensure that the provisions regarding custody and imprisonment of offenders are clear, particularly in relation to the locations where custody or imprisonment may be carried out, thus ensuring legal certainty and operational efficiency in managing offenders within and outside the Territory.
Scope and Application
The Imprisonment and Custody of Offenders Ordinance 1998 applies to the Territory of the Cocos (Keeling) Islands, affecting the laws concerning the imprisonment and custody of offenders. This ordinance specifically amends existing laws including the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.), Justices Act 1902 (W.A.) (C.K.I.), Prisons Act 1981 (W.A.) (C.K.I.), and the Young Offenders Act 1994 (W.A.) (C.K.I.). The amendments clarify that the authorized hospital, detention centre, or prison where offenders are held need not be located within the Territory, and the same applies to the place of custody or imprisonment of defendants. Additionally, the ordinance modifies provisions regarding the transportation of prisoners upon release and the conditions under which a term of imprisonment may be imposed on young offenders. The application of this legislation is limited to the Cocos (Keeling) Islands, with no provisions extending its reach beyond this specific jurisdiction.
Key Provisions
The Imprisonment and Custody of Offenders Ordinance 1998 (section 1) amends several existing laws within the Territory of Cocos (Keeling) Islands to provide clarity and flexibility in the custody and sentencing of offenders. This ordinance amends the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.) (section 3(1)), the Justices Act 1902 (W.A.) (C.K.I.) (section 3(2)), the Prisons Act 1981 (W.A.) (C.K.I.) (section 3(3)), and the Young Offenders Act 1994 (W.A.) (C.K.I.) (section 3(4)). It provides explicit clarification that the authorised hospital, declared place, detention centre, or prison for offenders need not be located within the Territory of Cocos (Keeling) Islands. Similarly, it specifies that the place of custody or imprisonment for defendants does not have to be within the Territory.
Under this ordinance, various obligations and requirements are placed on the parties and entities it governs. For instance, the amendments in the Criminal Law (Mentally Impaired Defendants) Act 1996 (W.A.) (C.K.I.) and the Justices Act 1902 (W.A.) (C.K.I.) clarify that the authorised places of detention or imprisonment for offenders need not be within the Territory, providing flexibility in the management and custody of offenders. The Prisons Act 1981 (W.A.) (C.K.I.) now allows the chief executive officer to provide a means of return home for prisoners released from custody, unless they have become ordinarily resident outside the Territory post-release. Additionally, the Young Offenders Act 1994 (W.A.) (C.K.I.) is updated to clarify the sentencing options available for young offenders.
The ordinance also outlines potential offences, penalties, and civil or criminal consequences for breaches of its provisions. Although the specific maximum penalties are not detailed in the provided text, breaches of these legislative amendments could result in legal consequences under the respective Acts they amend. For instance, failing to comply with the provisions regarding the custody and sentencing of mentally impaired defendants, or the transportation of released prisoners, could lead to legal action and penalties as defined within the amended Acts. The precise penalties would depend on the specific breach and the relevant laws under which the offence is prosecuted.