An Act to consolidate the Law relating to Gaols. [10^th July 1890.] No. 1096.

Be it enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):-

Short title commencement and division.

1. This Act may be cited as “The Gaols Act 1890,” and shall come into operation in the first day of August One thousand eight hundred and ninety, and is divided into Parts as follows:-

PART 1. Constitution and Officers ss. 4-19.

PART 2. Treatment of Prisoners ss. 20-32.

PART 3. Offences ss. 33-50.

PART 4. Supplemental ss. 51-54.

Repeal of Act. First Schedule.

2. The Acts mentioned in the First Schedule to this Act to the extent to which the same are thereby expressed to be repealed are hereby repealed. Provided that such repeal shall not affect any proclamation appointment rule regulation order made, or any sentence passed, or any direction or notice given, or any surety taken, or any certificate or warrant granted under the said Acts or any of them before the commencement of this Act.

Interpretation “The Gaols Act 1887” “Gaoler.” “Governor of Gaol.”

3. Where used in this or any other Act relating to gaols:-

“Gaoler” shall mean governor of gaol.

“Governor of gaol” shall be taken to include the keeper of officer in charge of any gaol (other than the keeper or officer in charge of a police gaol) prison hulk penal establishment or person acting in such capacity.

“Inspector-General” shall mean inspector-general of penal establishments.

“Prisoner” shall mean and include any person detained in custody in any gaol police gaol prison hulk or penal establishment irrespective of the cause of such detention.

PART 1 – CONSTITUTION AND OFFICERS.

Governor in Council may appoint gaols &c., “The Statute of Gaols 1864” s. 8.

4. All buildings erections houses enclosed places and premises hereafter to be erected built enclosed purchased enlarged or maintained at the public expense as and for public gaols prisons houses of correction and penal establishments within Victoria which are from time to time proclaimed by the Governor in Council by notice of the Government Gazette as such public gaols prisons houses of correction or penal establishments shall from and after publication of such notice be severally deemed and taken to be the public gaols prisons houses of correction and penal establishments (hereinafter called “gaols”) respectively of the place or district where the same are situated; and shall be subject to the several provisions made for the regulation discipline management and care of the public gaols prisons houses of correction and penal establishments already erected (also hereinafter called “gaols”) and of the prisoners confined within the same.

Governor in Council to have power to revoke proclamation notifying particular places as gaols &c. “The Gaols Act 1887” s. 5.

5. The Governor in Council shall have power from time to time by notice in the Government Gazette to revoke and proclamation heretofore made or which hereafter may be made under the last preceding section, or under any other authority in that behalf which shall have notified any building erection house enclosed place or premises to be a public gaol prison and house of correction or penal establishment, and thereupon the building erection house enclosed place and premises referred to in such notice shall cease to be a public gaol prison house of correction or penal establishment.

Penal Establishments. “The Statute of Gaols 1864” s. 4.

6. The Governor in Council may from time to time by notice in the Government Gazette appoint places in Victoria at which male offenders under any sentence of detention with hard labour on public works shall be detained and kept to hard labour; and may from time to time by a like notice alter or revoke and such appointment; and every place so appointed shall be deemed to be a penal establishment within the meaning of this Act.

Governor in Council may proclaim and revoke proclamation constituting “police gaols.” “The Gaols Act 1887” s. 4.

7. The Governor in Council upon a certificate from the inspector-general that any lock-up is fit for the reception of prisoners whose sentences do not exceed thirty days may from time to time by notice in the Government Gazette proclaim any police lock-up so certified to be a “police gaol,” and thereupon the provisions of the Acts then in force relating to gaols and the rules and regulations made thereunder shall apply to such “police gaols” as far as applicable. Provided always that prisoners whose sentences exceed thirty days’ imprisonment shall not be detained therein except for such period as may elapse before they can be conveyed to a gaol.

The Governor in Council shall have power from time to time to vary or revoke any such proclamation by notice in the Government Gazette, whereupon such proclamation or variation or revocation shall take effect accordingly.

Gaols to be also houses of correction unless otherwise proclaimed. “The Statute of Gaols 1864” s. 5.

8. Except where it is otherwise proclaimed by the Governor in Council, every gaol shall be and be taken for all purposes as being equally a house of correction and a prison for debtors; and also every house of correction shall be taken to be a prison.

Governor in Council may proclaim hulk as a public prison. “The Statute of Gaols 1864” s. 6.

9. The Governor in Council may proclaim any hulk or floating prison (hereinafter called “hulk”) to be used as a public prison for the reception and safe keeping of all prisoners convicted and sentenced for any offences by any court of Victoria; and may define by proclamation the limits and boundaries around such hulk within which no person shall come and the place of embarking and landing prisoners to and from such hulk, and such proclamations from time to time may vary alter renew assign and revoke.

Appointment of officers for hulks. “The Statute of Gaols 1864” s. 7.

10. The Governor in Council may from time to time subject to the provisions of the “Public Service Act 1890” appoint a superintendent overseer and other officers and persons in and for every such hulk. And every such superintendent and overseer shall have and exercise on the said hulk such and the like powers and authorities as are by law incidental to the office of a gaoler in any gaol on land. And every prisoner confined in such hulk as aforesaid shall be subject to the like rules and regulations and discipline as prisoners confined in any gaol on land are subject or liable to.

Inspector-General of Penal Establishments. “The Statute of Gaols Amendment Act 1871” s. 8.

11. It shall be lawful for the Governor in Council from time to time subject to the provisions of the “Public Service Act 1890” to appoint an officer to be called “The Inspector-General of Penal Establishments” and such officer to suspend or dismiss, and the person now holding office under that title shall be deemed to have been appointed under this section.

Inspector to have control of gaols and hulks. “The Statute of Gaols Amendment Act 1871” s. 4.

12. The Inspector-General of Penal Establishments shall subject to the provisions hereinafter contained and to the control of the Governor in Council have the care charge and direction of all gaols being gaols within the meaning of this Act and all hulks.

Sheriff to retain rights and duties in all cases where same attach. “The Statute of Gaols Amendment Act 1874” s. 5.

13. Nothing herein contained shall deprive or relieve any sheriff of any right power duty or liability vested in or imposed upon him by or under any Statute Act or common law in respect of any person committed to or confined in any gaol, not being a prisoner under sentence for some indictable offence or adjudication of imprisonment for some offence punishable on summary conviction.

Regulations for defining relative positions of Sheriff and Inspector-General. “The Statute of Gaols Amendment Act 1871” s. 6.

14. From time to time the Governor in Council may make and amend alter or revoke regulations for enabling sheriffs to exercise such powers and fulfil such duties as consistently with this Act and the control hereby given to the inspector-general they lawfully may or ought to exercise and fulfil within or with respect to any gaol or the confinement therein or release therefrom of prisoners.

Governor in Council may appoint Acting and Deputy Inspector-General of Penal Establishments. “The Statute of Gaols Amendment Act 1872” s. 5.

15. The Governor in Council may in case of the absence on leave illness or temporary incapacity of any Inspector-General of Penal Establishments for the time being appoint some fit and proper person to act in his stead, and may when it shall seem expedient appoint a deputy or assistant inspector-general, and every such person when so appointed shall have and exercise all the powers and duties of the Inspector-General for Penal Establishments.

Prisoners under sentence to be in custody of Inspector-General. “The Statute of Gaols Amendment Act 1873” s. 2.

16. Every person who since the first day of December One thousand eight hundred and seventy-one has been or now is or shall be in custody under any sentence of imprisonment either with or without hard labour shall be deemed to have been and to be in the legal custody of the Inspector-General of Penal Establishments during the time of such sentence remaining in force.

Power to appoint deputy governors. “The Gaols Act 1888” s. 8.

17. The Governor in Council may subject to the provisions of “The Public Service Act 1890” from time to time appoint a deputy governor gaoler keeper or officer in charge of each gaol; and every such deputy shall during the absence illness suspension or other incapacity from whatsoever cause arising of the governor gaoler keeper or officer in charge of the gaol to which he has been appointed as such deputy have all the powers and perform all the duties appertaining to the office of the governor gaoler keeper or officer in charge of such gaol.

The Governor in Council may appoint any number of visiting justices. “The Statute of Gaols Amendment Act 1872” s. 8. “The Statute of Gaols 1864” s. 11.

18. The Governor in Council may from time to time appoint and remove any number of fit and proper persons being magistrates to be visiting justices of any gaol or hulk, and every such visiting justice shall, unless prevented by illness or other sufficient cause, visit such gaol or hulk in such rotation and at such times being not oftener than once in every week, and make such reports as shall from time to time be required by order of the Governor in Council, and every such visiting justice shall have and exercise all the powers and authority of a visiting justice appointed under this Act.

Power of the judges and justices not affected. “The Statute of Gaols 1864” s. 11.

19. Nothing herein contained shall be taken to abridge or affect the power of any judge of the Supreme Court or of any justice having jurisdiction in any part of Victoria to visit and examine any such gaol or hulk at any time when he may think fit.

PART 2 – TREATMENT OF PRISONERS.

Governor may direct removal of prisoners. “The Statute of Gaols 1864” s. 27.

20. The Governor may by warrant under his hand from time to time when and as he may deem necessary direct the removal from any gaol or hulk of any prisoner confined therein to any other gaol or hulk within Victoria; and upon every such removal every such offender shall be subject to be kept at such gaol or hulk for the residue of his sentence or until removed by legal authority.

Governor in Council may order removal of any prisoner from one gaol or police gaol to another although in a different bailiwick. “The Gaols Act 1887” s. 10.

21. The Governor in Council may order the removal of any prisoner from any one gaol prison or police gaol to any other prison or police gaol, whether the gaol or police gaol to which such prisoner is removed be in the same or in a different bailiwick.

The provisions of this section shall not be deemed to render the order of the Governor in Council necessary for the removal of prisoners in those cases in which prisoners may under the existing laws be removed without such order, and such prisoners shall be removable as heretofore or may be removed by order under the hand of the Governor.

Power to remove prisoners under sentence. “The Statute of Gaols Amendment Act 1871” s. 7 “The Gaols Act 1887” s. 11.

22. The inspector-general may by warrant under his hand cause the removal of any prisoner under sentence for an indictable offence or on summary conviction from one gaol to another. Provided he report such removal within seven days to the Chief Secretary with the reasons for such removal for the approval of the Governor.

Discharge of certain prisoners. “The Statute of Gaols 1864” s.14.

23. The Governor in Council may order the discharge from prison of any person who may be imprisoned in default of finding sureties to keep the peace or to be of good behaviour, and of any person who may be imprisoned for non-payment of any sum of money imposed as a penalty of forfeiture under any law now or hereafter to be in force the payment whereof or of any part whereof shall be remitted by the Governor in Council under any law now or hereafter to be in force.

Prisoners may be set to work. “The Statute of Gaols 1864” s. 15.

24. The inspector-general may order all such persons as are sentenced to imprisonment without being sentenced to hard labour (except such prisoners as maintain themselves) to be set to some work or hard labour which is not severe.

Maintenance of certain prisoners. “The Statute of Gaols 1864” s. 16.

25. No person so sentenced who has the means of maintaining himself shall have any claim to be supplied at the public expense.

Prevention of escape of person under sentence for misdemeanour. “The Statute of Gaols Amendment Act 1871” s. 8. “The Statute of Gaols Amendment Act 1872” s. 4.

26. In all cases in which any person shall be under sentence of imprisonment or detention on public works for any misdemeanour it shall be lawful for any gaoler or other officer or person having the custody or charge of such offender to do for the safe keeping and preventing the escape of such offender all such acts as it would be lawful for such gaoler officer or person to do for the like purpose if such offender were then under sentence of imprisonment or detention for felony. The provisions of this section shall apply to all persons under sentence of punishment under the thirty-seventh and thirty-ninth sections of this Act.

Inspector-General may discharge prisoner at any time within seven days next before the termination of prisoner’s sentence. “The Gaols Act 1887” s. 13.

27. The inspector-general shall have power to order the release from custody of any prisoner at any time within the seven days next immediately before the date at which such prisoner would have been entitled to be released under the regulations applicable to the detention of such prisoner.

Prisoner may be brought before court on fresh charge without writ of habeas. “The Gaols Act 1887” s. 14. Second Schedule.

28. Any prisoner charged with any offence not being the offence for which he is then taken in custody may upon an order which may be in the form of to the effect in the Second Schedule hereto made by the judge of the court or by the justices before whom such charge is to be tried or heard be brought up to answer such charge without writ of habeas corpus; and every prisoner brought up under any such order shall be deemed to be in legal custody of the police constable local gaoler or other officer having the temporary custody of such prisoner and acting under such order, who shall in due course return the prisoner into the custody from which the prisoner shall have been so brought up.

Sentences to date from first date of sittings &c., “The Gaols Act 1887” s. 15.

29. All sentences of imprisonment or of imprisonment with hard labour on any offenders at any sittings of the Supreme Court or any court of general sessions shall date from the first day of holding such sitting, and all other sentences of imprisonment from the date of signing any warrant of commitment under which any offender is detained in custody unless such offender was at large at the date of the signing of such warrant, in which case the sentence shall date from the time of the arrest.

Where sentence of death “recorded” prisoner may be kept to hard labour pending consideration by Executive. “The Gaols Act 1887” s. 16.

30. Any prisoner against whom sentence of death is recorded may be subjected to hard labour pending the determination of the Executive as to the disposition of the prisoner or the commutation of the sentence; and in the event of the sentence being commuted the term of imprisonment shall date from the first day of the sittings of the court at which such prisoner has been convicted.

Inspector-General empowered to make inquiries and to take evidence on oath. “The Gaols Act 1887” s. 9.

31. The inspector-general shall have power to make inquiry and to take evidence on oath or otherwise as to the conduct of any governor of a gaol or any other gaol official, and as to the treatment and conduct of the prisoners, and as to any alleged abuse within the gaol prison hulk or penal establishment or in connexion therewith.

Inspector-General may order labour not severe at such place as he may think fit to be performed by prisoners for felonies or misdemeanours although not sentenced to hard labour. “The Gaols Act 1887” s. 7.

32. The inspector-general may cause any male person undergoing imprisonment for any criminal offence or misdemeanour by the sentence of any court of competent jurisdiction whether sentenced to imprisonment with hard labour or to imprisonment only to be during the whole or any period of his sentence employed at such work of labour and in such place as the inspector-general directs, but such work or labour in the case of prisoners sentenced to imprisonment only shall not be severe. Provided that any court of competent jurisdiction in passing sentence upon any prisoner may exempt such prisoner from the operation of this sentence.

PART 3 – OFFENCES.

Governor of gaol may hear and determine minor charges to be enumerated in rules and regulations. “The Gaols Act 1887” s. 8.

33. The Governor of the gaol may hear and determine all charges against any prisoner for any such minor breach of the rules and regulations as by the rules and regulations made by the Governor in Council under this Act are directed to be submitted to the decision of the governor of the gaol, and may punish such prisoner by solitary confinement for any term not exceeding two days or by close confinement in a cell on half rations for any term not exceeding four days, such punishment to be concurrent with any sentence the prisoner may be then undergoing, or by stopping any gratuity which would otherwise be accruing to such prisoner for any period not exceeding one month, or by postponing the discharge of such prisoner under the regulations for any period not exceeding seven days. Provided always that a record of all such punishments shall be kept and forwarded every month to the inspector-general; and no prisoner shall be punishable upon a second charge for the same offence before the visiting justice made under section thirty-nine of this Act.

Offenders attempting to escape guilty of a felony. “The Statute of Gaols 1864” s. 17.

34. Any male person lawfully imprisoned for any crime misdemeanour or offence by the sentence of any court of competent jurisdiction, or employed at labour as a criminal on the roads or other public works of Victoria, who escapes or attempts to escape from any gaol or hulk or from the custody of any constable gaoler or other officer in whose custody he may be, shall by guilty for felony; and being lawfully convicted thereof shall be liable to be imprisoned and kept to hard labour with or without irons for any period not exceeding five years.

Punishment on persons aiding in escape. “The Statute of Gaols 1864” s. 18.

35. Any person who conveys or causes to be conveyed or who delivers or causes to be delivered to any person for the purpose of being conveyed into any gaol or on board of any hulk in which any prisoner is confined, or who secretes or leaves upon or about any road public work gaol hulk or other place where any such prisoners are usually employed or confined for the purpose of being found or received by any such prisoner, and article of disguise instrument arms weapon or any poisonous or deleterious drug or any other article or thing likely to be used for the purpose of escape, shall be deemed and taken to have delivered the same to aid and assist the escape of a prisoner from such gaol hulk or other place even though no escape may have been attempted.

Any such person or any person who in any other manner aids abets or assists or attempts to aid abet or assist any prisoner to escape from any such gaol hulk or other pace may be apprehended by any constable or other person without warrant and be by him detained and kept in safe custody until such offender can be brought before two justices who may hear and determine the alleged offence.

Such offender shall upon conviction thereof or of any of such offences forfeit and pay a penalty of not less than Fifty pounds nor more than One hundred pounds, and in default of payment or in the discretion of such justices may be imprisoned and kept to hard labour for any period not exceeding two years.

Harbouring prisoners illegally at large. “The Statute of Gaols 1864” s. 19.

36. Any person who harbours in or about his house lands or otherwise or in any manner employs any person under sentence of imprisonment and illegally at large shall on conviction thereof before any justice forfeit and pay a sum of not less than One pound or more than Fifty pounds. Provided that if it be proved to the satisfaction of such justices that the person complained against used due and proper diligence in ascertaining whether the person so illegally at large was free or not and that such first-mentioned person had reasonable ground for believing that the person so illegally at large was free, it shall not be imperative on such justice to impose any penalty.

Punishment of certain offences. “The Statute of Gaols 1864” s. 20.

37. Any two justices one of whom shall be a visiting justice may inquire in a summary way into any charge of absconding insubordination assault upon or attempt to do any bodily injury to any officer or prisoner or any riot or tumult in such gaol or hulk or at such roads or other public works or any wilful and malicious destruction or injury of or attempt at the wilful and malicious destruction or injury of any such gaol or hulk or any furniture thereof or of any public works or of any implements used thereon brought against any prisoner. And such justices may in their discretion sentence such prisoner upon conviction to be kept to hard labour with or without irons for any term not exceeding two years, on in their discretion to be kept in solitary confinement for any portion of such term not exceeding three months in periods none of which shall exceed one month and which shall be at intervals of at least one month; and may direct that during such confinement such prisoner shall be deprived of any particular portion of the ordinary diet of the prisoners in the same place of punishment or confinement.

Powers of police magistrate and visiting justices defined. “The Statute of Gaols Amendment Act 1872” s. 2.

38. Every visiting justice being a police magistrate shall be deemed to have had until the passing of “The Statute of Gaols further Amendment Act 1872” the powers which by the last preceding section are conferred upon two justices, but no visiting justice whether a police magistrate or not shall be deemed to have had after the passing of the Act aforesaid or shall hereafter alone have or exercise such powers.

Punishment of lesser offences. “The Statute of Gaols 1864” s. 21.

39. Any visiting justice may inquire in a summary way into any charge of attempting to abscond idleness insolence refusal to work disobedience of orders use of indecent abusive or improper language or breach of infringement of any rule or regulation duly made or any other misconduct brought against any prisoner. And such visiting justice may in his discretion sentence such prisoner upon conviction to be kept at hard labour with or without irons for any term not exceeding six months for the first offence and not exceeding eighteen months for a second or subsequent offence; or to be kept in solitary confinement either continuously or at such intervals as he shall think fit for any period not exceeding twenty-one days for the first offence and not exceeding thirty days for a second or subsequent offence; and may direct that during such confinement such prisoner shall be deprived of any particular portion of the ordinary diet of the prisoners in the same place of punishment or confinement.

Prisoners wilfully disabling themselves. “The Statute of Gaols 1864” s. 22.

40. If any person under any sentence of detention with hard labour on public works shall in order to evade labour wilfully disable himself or shall designedly prevent or protract the cure of any disease or complaint which he may have contracted, every such offender being convicted of such offence before any visiting justice shall be liable to serve for such further time as such person shall have been so disabled or delayed from labour as aforesaid. And in every such case a certificate under the hand of the surgeon who shall have the care of and be attending upon such person that he had so wilfully disabled himself or had designedly prevented or protracted the cure of any such disease or complaint as aforesaid shall be deemed sufficient proof of such offence.

Penalty for holding communication with or supplying prisoners with forbidden articles. “The Gaols Act 1888” s. 3.

41. Any person who contrary to the provisions of any Act or regulation relating to gaols holds or attempts to hold any communication with any prisoner; and

Any person who delivers or in any manner whatsoever endeavours or attempts to deliver or cause to be delivered to any such prisoner or introduces or attempts or endeavours to introduce or cause to be introduced into any gaol or hulk any money letter tobacco article of clothing or any other article or thing whatsoever not allowed by the rules and regulations made under the authority of this Act; and

Any person who lurks or loiters about any road or other public works or any gaol hulk or other place in which such prisoners may be confined or employed for any of the purposes aforesaid; and

Any person who delivers or causes to be delivered to any other person any such money letter tobacco article of clothing article or thing for the purpose of being conveyed or introduced as aforesaid, or who secretes or leaves upon or about any place where any such prisoner as aforesaid is usually employed and such money letter tobacco article of clothing or thing for the purpose of being found or received by any such prisoner; and

Any person who in any other manner conveys or causes to be conveyed to any such prisoner any such money letter tobacco article of clothing article or thing;

may be apprehended by any constable warder or other officer or by any person in whose custody any such prisoner then is without warrant and may by such constable warder officer or other person be detained and kept in safe custody until he can be brought before two or more justices who may hear and determine such offence; and upon conviction any such offender may be imprisoned and kept to hard labour for any period not exceeding two years.

Unlawful purposes to be presumed in certain cases. “The Goals Act 1888” s. 4.

42. If any person loiter about any road or other public works or any gaol hulk or other place in which prisoners may be confined or employed and refuse or neglect to depart therefrom upon being duly warned so to do by any constable warder officer or authorized person, or if any person (not being a prisoner or a gaoler warder of other officer or person duly authorized) be found within the boundaries of any gaol, such person shall be deemed to be lurking or loitering about such road or other public works or such gaol hulk or other place for the purposes aforesaid, and the onus of proof that such person was there for some other purpose shall rest upon such person.

No person to approach hulk. “The Statute of Gaols 1864” s. 26.

43. Any person who approaches and hulk in which any prisoner is confined, or who comes within the limit or boundary marked out by any buoys surrounding any such hulk in any ship boat or other craft unless driven within the same by stress of weather, or who lands or attempts to land upon or embarks or attempts to embark from any point of land bay inlet cove or other place which has been proclaimed as the place of embarking or landing prisoners to or from any such hulk or which is enclosed or marked off in any other manner for any of such purposes or for the confinement or employment of any such prisoner, may be apprehended by any constable or by any other person whosoever without warrant; and be by him detained and kept in safe custody until he can be brought before two justices. And any ship boat or other craft which any such persons may be in or may have landed from or embarked in or attempted to land from or embark in may be seized and detained by any such constable or person. And every such offender shall upon conviction before any two justices forfeit a penalty of not less than Five pounds nor more than Thirty pounds; and in default of payment or in the discretion of such justices may be imprisoned and kept to hard labour for any period not exceeding six months; and upon any such conviction any ship boat or other craft which is so seized as aforesaid shall be forfeited to Her Majesty.

Visiting justices’ sentences to be cumulative upon court sentences but be made concurrent or cumulative upon prison sentences. “The Gaols Act 1887” s. 12.

44. Every sentence of punishment by visiting justices shall unless otherwise directed by the justice at the time of pronouncing the sentence be cumulative upon the substantive sentence or sentences under which the prisoner is detained, but shall be concurrent with or cumulative upon any previous incompleted sentence of punishment by visiting justices under any Act relating to gaols as shall in each case be determined by the justice imposing a second or subsequent sentence at the time of imposing such sentence.

Sentence of visiting justices to take effect immediately unless otherwise ordered. “The Gaols Act 1888” s. 5.

45. Any sentence of punishment by visiting justices upon any prisoner shall, whether concurrent with or cumulative upon the substantive sentence of such prisoner or upon any incompleted sentence of punishment by visiting justices previously imposed upon him take effect immediately unless the justices imposing the same order that it shall take effect upon the completion of such substantive sentence or of any such incompleted sentence of punishment previously imposed or at some other time before the final discharge of such prisoner.

If sentence cumulative taking effect before completion of previous sentences such previous sentences suspended. “The Gaols Act 1888” s. 6.

46. If any sentence of punishment by visiting justices be cumulative upon any previous incompleted sentence and such first-mentioned sentence take effect before the completion of any previous incompleted sentence it shall have the effect of suspending any and every previous sentence incompleted at the time it takes effect; and any and every such suspended sentence shall at the expiration of such suspending sentence of punishment become again in force so that the period of such suspending sentence shall not be computed as a portion of the time served under the suspended sentence.

Effect of two preceding sections. “The Gaols Act 1888” s. 7.

47. The two last preceding sections shall take effect as from the date of the passing of “The Gaols Act 1887;” and in the said two sections the expression “sentence of punishment by visiting justices” shall mean and include a sentence imposed for misconduct during the time he is detained in custody upon any prisoner by a visiting justice alone or by a visiting justice and another justice under the provisions of any law relating to gaols.

Form of conviction. “The Statute of Gaols Amendment Act 1872” s. 6. Third Schedule.

48. No conviction on any charge under the thirty-seventh and thirty-ninth sections of this Act need be drawn up in any formal manner, but a book to be called the “Conviction Book” according with and in the form or to the effect set out in the Third Schedule hereto shall be kept in every gaol; and the visiting justice shall cause to be entered in such book the particulars of each charge and of the adjudication thereon, and the visiting justice then adjudicating shall sign his name opposite to such entry, and such entry so signed by him shall be deemed if the prisoner be convicted of such charge to be a conviction to all intent and purposes whatsoever.

Conviction book or certified copy of entry to be conclusive evidence of such conviction. “The Statute of Gaols Amendment Act 1872” s. 7.

49. Such book having an entry so signed of any conviction or a copy of any particular entry so signed of any conviction therein certified under the hand of the officer of the gaol having the custody of such book to be a true copy of such entry in such book shall respectively good and sufficient evidence of such conviction and be received as such in any court or before any person having by law or by consent of parties authority to hear receive and examine evidence.

Imprisonment not to form part of original sentence. “The Statute of Gaols 1864” s. 28.

50. The period of any imprisonment hard labour or solitary confinement under any of the provisions of this Act shall not be deemed or taken as a portion of the period of imprisonment or hard labour to which such prisoner shall have been previously sentenced.

PART 4 – SUPPLEMENTAL.

Governor in Council to make vary revoke &c., regulations for classification &c., of all prisoners whatever the cause of detention in custody. “The Gaols Act 1887” s. 6.

51. The Governor in Council may from time to time make vary alter or revoke rules and regulations –
    1. For the management and good government of gaols prisons hulks and penal establishments;
    2. For the safe custody hours of labour and mode of employment of prisoners and for the different classification of prisoners of each sex in such gaols prisons hulks and penal establishments and for the individual separation of all or any of the prisoners confined therein;
    3. And otherwise for the management and good government of prisoners.

And all rules and regulations by the Governor in Council heretofore made or purporting to have been made under or by virtue of any Act hereby repealed and which have not been revoked by any subsequent rules and regulations made by the Governor in Council are hereby declared to have been and shall be deemed to have been valid and effectual from the time of making of the same; and such rules and regulations are and shall continue to be in force and of valid effect until the same shall be repealed by an order of the Governor in Council made under this Act.

Jurisdiction of sheriff in case of sentence of death preserved. “The Statute of Gaols Amendment Act 1873” s. 3.

52. Nothing contained in this Act shall affect the jurisdiction or responsibility of the sheriff of any bailiwick in respect of any prisoner under sentence of death or his jurisdiction or control over the gaol where such prisoner is confined and the officers thereof so far as may be necessary for the purpose of carrying into effect the sentence of death or for any purpose relating thereto.

Summary proceedings. No certiorari. “The Statute of Gaols 1864” s. 30.

53. All proceedings under this Act shall be had and taken in a summary way; and no such proceeding shall be removed by certiorari into the Supreme Court.

Application of fines. “The Statute of Gaols 1864” s. 31.

54. All fines and penalties under this Act shall be appropriated to the police reward fund.

Section 28. Second Schedule

To the Governor of the Gaol at [insert name of place of detention] and to all members of the police force of Victoria.

It is hereby ordered under the provisions of section 28 of the Goals Act 1890 that [here insert name of prisoner] a prisoner now in custody at the gaol at [here insert name of place of detention] be brought up before the [here insert whether Supreme Court court of general sessions or petty sessions] court to be held at [insert place where court to be holden] on the                   day of                   to answer a charge of [here insert nature of offence with which prisoner is charged before the court or justices making the order], and the said [here repeat name of prisoner] is to remain in the custody of the officers local gaolers and constables acting under his order until the said [here repeat name of prisoner] is in due course returned to the custody of the governor of the gaol at [here insert name of place of detention].

Dated the                            day of                   

A.B., Judge of the Supreme Court or

C.D., Chairman of Court of General Sessions at

E.F.G.H., Justices of the Peace acting in the district of [place where charge is to be heard or tried].

 

 

Sourced from the STATE LIBRARY OF VICTORIA.