An Act to consolidate and amend the Law relating to Gaols. [6th September, 1915.]
Be it enacted by the King’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):-
- This Act may be cited as the Gaols Act 1915, and shall come into operation on the first day of October One thousand nine hundred and fifteen, and is divided into Parts as follows:-
- Part One – Constitution and Officers ss. 4-19.
- Part Two – Treatment of Prisoners ss. 20-22.
- Part Three – Offences ss. 30-50.
- Part Four – Supplemental ss. 51-55.
- The Acts mentioned in the First Schedule to this Act to the extent to which the same are thereby expressed to be repealed are hereby repealed.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.
- In the construction of this or any other Act relating to gaols unless inconsistent with the context or subject-matter:-
- “Gaoler” means governor of gaol.
- “Governor of gaol” includes the keeper or 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” means inspector-general of penal establishments.
- “Prisoner” includes any person detained in custody in any gaol police gaol prison hulk or penal establishment irrespective of the cause of such detention.
PART ONE – CONSTITUTION AND OFFENCERS.
- 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 in the Government Gazette as such public gaols prisons houses of correction or penal establishments shall from and after the publication of such notice be severally deemed and taken to be the public gaols prisons houses of correction and penal establishments (hereinafter called “goals”) 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.
- The Governor in Council shall have power from time to time by notice in the Government Gazette to revoke any proclamation heretofore made or which hereafter may be made under the last preceding section, or under any other authority in that behalf which has notified any building erection house enclosed place or premises to be a public gaol prison 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 accordingly.
- The Governor in Council may from time to time by notice in the Government Gazette appoint places in Victoria at which male offenders under 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 any such appointment; and every place so appointed shall be deemed to be a penal establishment within the meaning of this Act.
- 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 elapses 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 as varied or such revocation shall take effect accordingly.
- Except where it is otherwise proclaimed by the Governor in Council, every gaol shall be and be taken for all purpose 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.
- 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 new assign and revoke.
- The Governor in Council may from time to time subject to the provisions of the Public Service Act 1915 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 so far as they are applicable by subject to the like rules regulations and discipline as prisoners confined in any gaol on land are subject or liable to.
- It shall be lawful for the Governor in Council from time to time subject to the provisions if the Public Service Act 1915 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.
- The inspector-general 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.
- Nothing herein contained shall deprive or relieve the 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.
- From time to tine the Governor in Council may make and amend alter or revoke regulations for enabling the sheriff to exercise such powers and fulfil such duties as consistently with this Act and the control hereby given to the inspector-general he lawfully may or ought to exercise and fulfil within or with respect to any gaol or the confinement therein or release therefrom of prisoners.
- The Governor in Council may in case of the absence on leave illness or temporary incapacity of any inspector-general for the time being appoint some fit and proper person to act in his stead, and may when it seems 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 of Penal Establishments.
- Every person who since the first day of December One thousand eight hundred and seventy-one has been or who is 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 during the time of such sentence remaining in force.
- The Governor in Council may subject to the provisions of the Public Services Act 1915 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 governor gaoler keeper or officer in charge of such gaol.
- The Governor in Council may from time to time appoint and remove any number of fit and proper persons being justices 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 from time to time are 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.
- 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 on any part of Victoria to visit and examine any such gaol or hulk at any time when he thinks fit.
PART TWO – TREATMENT OF PRISONERS.
- Subject to the provisions of this and the next succeeding section all sentences of imprisonment or of imprisonment with hard labour on any offenders at any sitting 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 arrest.
- Whenever at any time any offender sentenced to any term of imprisonment either with or without hard labour or any other punishment by any court judge or justice or other person having jurisdiction to award the same is allowed to be or go at large either on bail or otherwise pending any appeal or the consideration of any question of law reserved or any case stated under the provisions of any law in force in Victoria, the period intervening between the day on which such offender was so allowed to go or be at large and the day when he renders himself or is taken into custody to undergo such sentence by reason of his having abandoned or failed to prosecute or proceed with such appeal question of law reserved or case stated or of the same being dismissed or decided adversely to such offender shall not count in calculating the term to be served by him under such sentence.
- Every such sentence shall be calculated exclusively of the time during which the execution of the same was suspended by reason of such appeal question of law reserved or case stated anything in this Act or any rule of law or practice to the contrary notwithstanding; and if such offender is imprisoned under process in respect of an offence or offences other than the offence to which the appeal question of law reserved or case stated relates at the time when the same is finally determined such sentence shall (unless otherwise directed by the court judge or justice awarding such sentence or the court or judge determining any appeal or question of law reserved or case stated) take effect at the expiration of any sentence or sentences he may then be undergoing.
- If the period during which any offenders sentence is so suspended includes any time when such offender has been directed to be whipped or kept in solitary confinement then such whipping or solitary confinement shall not lapse, but the Governor in Council shall determine the time when such whipping shall be inflicted or such offender be kept in solitary confinement.
- Every sentence of imprisonment with or without hard labour or any other punishment imposed on any offender by any court judge or justice whatsoever shall not withstanding anything to the contrary in any Act unless otherwise directed by such court judge or justice at the time of pronouncing the sentence be cumulative upon any uncompleted sentence or sentences of punishment previously imposed upon such offender by any court judge or justice.
- The Governor in Council may order the discharge from prison of any person who is imprisoned in default of finding sureties to keep the peace or to be of good behaviour, and of any person who is imprisoned for non-payment of any sum of money imposed as a penalty or forfeiture under any law now or hereafter to be in force the payment whereof or of any part whereof is remitted by the Governor in Council under any law now or hereafter to be in force.
- The Governor may warrant under his hand from time to time when and as he deems necessary direct the removal from any gaol or police gaol of any prisoner confined therein to any other gaol or police gaol in Victoria. Upon every such removal every such offender shall subject to the provisions of section seven as to police gaols be subject to be kept at such gaol or police gaol for the residue of his sentence or until removed by legal authority.
- 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 any one gaol or police gaol to any other gaol or police gaol in Victoria. Provided he reports such removal within seven days to the Chief Secretary with the reasons for such removal for the approval of the Governor. Upon every such removal every such offender shall subject to the provisions of section seven as to police gaols be subject to be kept at such gaol or police gaol for the residue of his sentence or until removed by legal authority.
- The inspector-general may order the removal of any prisoner from any gaol to any hospital or institution for the purpose of his receiving medical or surgical treatment or to any place for the purpose of his visiting any person believed to be dying and such prisoner while in such hospital institution or place and in going thereto and returning therefrom shall be deemed to be in legal custody and such hospital institution or place shall be deemed to be a gaol. Such prisoner when the inspector-general directs at any time after he is so removed be taken in custody to the gaol whence he was removed or such other gaol as the inspector-general directs.
- 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 labour which is not severe.
- No person so sentenced who has the means of maintaining himself shall have any claim to be supplied at the public expense.
- In all cases in which any person is under sentence of imprisonment or detention on public works for any misdemeanour or on summary conviction 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 to do for the like purpose if such offender were the 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-seventy and thirty-ninth sections of this Act.
- 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.
- When a prisoner is detained in any gaol or lock-up under or awaiting sentence or awaiting trial or on remand or for any other lawful cause and such prisoner is charged with an offence he may upon an order which may be in the form or to the effect in the Second Schedule hereto made by a judge of the court or by a chairman of general sessions or by the justices or one of the justices before whom such charge may be tried or heard be brought up to answer such charge without a writ of habeas corpus; and every prisoner brought up under any such order shall be deemed to be in the legal custody of the member of the police force gaoler or other officer having the temporary custody of such prisoner and acting under such order, and he shall in due course return the prisoner into the custody from which the prisoner has been so brought.
- Any prisoner against whom sentence of death is recorded may be subject 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 if a certain term is fixed shall date from the first day of the sittings of the court at which such prisoner has been convicted.
- 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 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.
- The inspector-general may cause any male person undergoing imprisonment for any criminal offence or misdemeanour by the sentence of any court or 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 wok or 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 section.
PART THREE – OFFENCES.
- 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 in gaol, and may punish such prisoner by solitary confinement for a term of not more than two days or by close confinement in a cell on half rations for a term of not more than 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 under section thirty-nine of this Act.
- 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 member of the police force gaoler or other officer in whose custody he may be, shall be guilty of felony; and being lawfully convicted thereof shall be liable to imprisonment with or without hard labour and with or without irons for a term of not more than five years.
- 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 purposes 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 purposes 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 has 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 place may be apprehended by any member of the police force or other person without warrant and be by him detained and kept in safe custody until such offender can be brought before a court of petty sessions which may hear and determine the alleged offence.
Such offender shall upon conviction thereof or of any of such offences be liable to a penalty of not less than Fifty nor more than One hundred pounds, and in default of payment or in the discretion of the justices without any default to imprisonment with or without hard labour for a term of not more than two years.
- 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 be liable to a penalty of not less than One pound nor more than Fifty pounds. Provided that it if is proved to the satisfaction of the court 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 court to impose any penalty.
- Any two justices one of whom shall be a visiting justice may whether sitting in or out of sessions 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 may 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 a term of not more than two years, or in their discretion to be kept in solitary confinement for any portion of such term not more than three months in periods none of which shall exceed one month and which shall be kept at intervals of at least one month; and may direct that during such confinement such prisoner shall be depraved of any particular portion of the ordinary diet of the prisoners in the same place of punishment or confinement.
- No police magistrate whether a visiting magistrate or visiting justice or not shall alone have or exercise the power conferred by the last preceding section.
- 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 or 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 or without irons for a term of not more than six months for the first offence and of not more than eighteen months for a second or subsequent offence; or to be kept in solitary confinement either continuously or at such intervals as he thinks fit for a period of not more then twenty-one days for the first offence and of not more than 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.
- If any person under any sentence of imprisonment with hard labour in order to evade labour wilfully disables himself or designedly prevents or protracts the cure of any disease or complaint which he has 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 has been so disabled or delayed from labour aforesaid. And in every such case a certificate under the hand of the surgeon who has the care of and is attending upon such person that he has so wilfully disabled himself or had designed prevented or protracted the cure of any such disease or complaint as aforesaid shall be deemed sufficient proof of such offence.
- 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 causes to be delivered to any such prisoner or introduces or attempts or endeavours to introduce or causes 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 any such money letter tobacco article of clothing article 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 member of the police force warder or other officer or by any person in whose custody any such prisoner then is without warrant and may by such member warder officer or other person be detained and kept in safe custody until he can be brought before a court of petty sessions which may hear and determine such offence; and any such offender shall be liable to imprisonment with or without hard labour for a term of not more than two years.
- If any person loiters about any road or other public works or any gaol hulk or other place in which prisoners may be confined or employed and refuses or neglects to depart therefrom upon being duly warned so to do by any member of the police force warder or officer or authorized person, or if any person (not being a prisoner or a gaoler warder or other officer or person duly authorized) is 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.
- Any person who approaches any 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 by 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 member of the police force or by any other person whomsoever without warrant; and be by him detained and kept in safe custody until he can be brought before a court of petty sessions. And any ship boat or other craft which any such person 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 member or person. And every such offender shall be liable to a penalty of not less than Five nor more than Thirty pounds; and in default of payment or in the discretion of such justices without default to imprisonment with or without hard labour for a term of not more than six months; and upon conviction any ship boat or other craft which is so seized as aforesaid shall be forfeited to His Majesty.
- 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 provision uncompleted 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.
- Any sentence of punishment by visiting justices upon any prisoner shall, whether concurrent with or cumulative upon the substantive sentence of such prisoner or any uncompleted sentence of punishment by visiting justices previously imposed upon him take effect immediately unless the justices imposing the sae order that it shall take effect upon the completion of such substantive sentence or of any such uncompleted sentence of punishment previously imposed or at some other time before the final discharge of such prisoner.
- If any sentence of punishment by visiting justices is cumulative upon any previous uncompleted sentence and such first-mentioned sentence takes effect before the completion of any previous uncompleted sentence it shall have the effect of suspending any and every previous sentence uncompleted 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.
- The two last preceding sections shall be deemed to have taken 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 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.
- 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 or justices shall cause to be entered in such book the particulars of each charge and of the adjudication thereon, and the visiting justice or justices then adjudicating shall sign his or their name or names opposite to such entry, and such entry so signed by him or them shall be deemed if the prisoner is convicted of such charge to be a conviction to all intents and purposes whatsoever.
- Such book having an entry so signed of any conviction or a document purporting to be a copy of any particular entry so signed of any conviction therein purporting to be 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 be 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 and examine evidence.
- The term 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 term of imprisonment or hard labour to which such prisoner has been previously sentenced.
PART FIVE – SUPPLEMENTAL.
- The Governor in Council may from time to time make vary alter or revoke rules and regulations:-
- For the management and good government of gaols prisons hulks and penal establishments;
- 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;
- 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 the making of the same; and such rules and regulations are and shall continue to be in force and of valid effect until the same are repealed by an order of the Governor in Council made under this Act.
- Any person arrested under any process of any court or for any offence may be taken to such gaol or lock-up as by reason of its nearness or accessibility to the place of arrest is in the opinion of the person making such arrest most convenient and may be there detained until discharged or otherwise dealt with in due course of law notwithstanding that such gaol or lock-up is not in the same bailiwick as that in which the cause of action accrued or the offence was committed.
- Nothing contained in this Act shall affect the jurisdiction or responsibility of any sheriff 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 is necessary for the purpose of carrying into effect the sentence of death or for any purpose relating thereto.
- All proceedings under this Act other than proceedings in respect to indictable offences shall be had and taken in a summary way; and no such proceeding shall be removed by certiorari into the Supreme Court.
- All fines and penalties under this Act shall be appropriated to the police superannuation fund.
|Number of Act.||Title of Act.||Extent of Repeal.|
|1096||Gaols Act 1890||The Whole|
|1208||Supreme Court Act 1891||Section 6.|
|1415||Gaols Act 1896||So much as is not already repealed.|
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 29 of the Gaols Act 1915 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] 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], and the said [here repeat name of prisoner] is to remain in the custody of the officers gaolers and members of the police force acting under this 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
Signed A.B., Judge of the Supreme Court or
C.D., Chairman of the Court of General Sessions at or
E.F., Justice of the Peace acting in the district of [place where charge is to be heard or tried]
|Name of Prisoner.||Number of Prisoner.||Charge.||Date of Offence.||Conviction or Dismissal.||Sentence.||Cululative or Concurrent.||Signature of Visiting Justice and Date.|