An Act to consolidate the Law relating to Gaols. [30th September, 1958] No. 6259.
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):-
- This Act may be cited as the Gaols Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor on Council published in the Government Gazette, and is divided into Parts as follows:-
- Part One – Constitution and Officers ss. 4-17.
- Part Two – Treatment of Prisoners ss. 18-29.
- Part Three – Employment of Prisoners ss. 30-33.
- Part Four – Offences ss. 34-48.
- Part Five – Supplemental ss. 49-53.
- The Acts mentioned in the First Schedule to the extent thereby to be repealed are hereby repealed accordingly.
Except as in this Act expressly or by necessary implication provided:-
- All persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under either of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
- In particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order power decision appointment sentence direction certificate warrant surety entry notice exemption charge liability or right made effected issued granted given passed fixed accrued incurred or acquired or existing or continuing by or under either of such Acts before the commencement of this Act.
- In this or any other Act relating to gaols unless inconsistent with the context or subject-matter:-
- “Director” means the Director of Penal Services under this Act.
- “Gaoler” means governor of the 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 penal establishment or person acting in such capacity.
- “Prisoner” includes any person detained in custody in any gaol police gaol prison or penal establishment irrespective of the cause of such detention.
PART ONE – CONSTITUTION AND OFFICERS.
- 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 and penal establishments within Victoria which are from time to time proclaimed by the Govern in Council by notice in the Government Gazette as such public gaols prisons or penal establishments shall from and after the publication of such notice be severally deemed and taken to be the public gaols prisons and penal establishments (hereinafter called “gaols”) and shall be subject to the several provisions made for the regulation discipline management and care of the public gaols prisons 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 gaol prison 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 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 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 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 certificate from the Director that any lock-up is fir 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 sentence 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 purposes as a prison for debtors.
- Subject to the Public Services Act 1958 there may from time to time be appointed an officer to be called the “Director of Penal Services.”
- The Director 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.
- Nothing herein after contained shall deprive or relieve the sheriff of any right power duty or liability vested in or imposed upon him by or under any 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 time 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 Director 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 Director 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 Director, and every such person when so appointed shall have and exercise all the powers and duties of the Director.
- Every person who is in custody under any sentence of imprisonment shall be deemed to be in the legal custody of the Director during the time of such sentence remaining in force.
- The Governor in Council may subject to the provisions of the Public Services Act 1958 from time to time appoint a deputy governor 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, and every such visiting justice shall, unless prevented by illness or other sufficient cause, visit such gaol 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 in any part of Victoria to visit and examine any such gaol 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 the 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 and the execution of the sentence shall during the said period be suspended.
- Notwithstanding anything in this Act or any rule of law or practice to the contrary every such sentence shall be calculated exclusive of the time during which the execution of the same was suspended by reason of such appeal question of law reserved or case stated.
- 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 any person lawfully imprisoned under any sentence escapes from any gaol or from the custody of any member of the police force gaoler officer or person in whose custody he is the period intervening between the day on which such person so escapes and the day when he surrenders himself or is apprehended shall not be reckoned as part of the term to be served by him under such sentence and the execution of such sentence shall during the said period be suspended.
- Notwithstanding anything in any Act or any rule of law or practice to the contrary every such sentence shall be calculated exclusively of the time during which the execution of the same is so suspended.
- If such person is imprisoned during the said period under process in respect of an offence or offences other than that for which he received the sentence aforesaid the uncompleted portion of such sentence shall take effect at the expiration of any sentence or sentences he is then undergoing under such process.
- If the period during which any offender’s sentence is so suspended either under sub-section (2) or sub-section (5) 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 then 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 notwithstanding anything to the contrary in any Act unless otherwise directed by such court judge or justice at the time of pronouncing the sentence by 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 by 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 Director may by warrant under his hand cause the removal of any prisoner 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 prisoner 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 removal by legal authority.
- The Director may order the removal of any prisoner from any gaol to any hospital or institution for the purpose of 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 Director directs shall at anytime after he is so removed be taken in custody to the gaol whence he was removed or such other gaol as the Director directs.
- The Director may order all such person as are sentenced to imprisonment without being sentenced to hard labour (except such prisoners as maintain themselves) to be set to some work or other 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 or 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 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 sections thirty-eight and forty of this Act.
- The Director 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 or on parole pursuant to Division two of Part Four of the Crimes Act 1958.
- 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 such prisoner brought up under any such order shall be deemed to be in 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.
- The Director 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 or penal establishment or in connexion therewith.
- The Director may cause any male person undergoing imprisonment for any felony 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 part of his sentence employed at such work or labour and in such place as the Director 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 – EMPLOYMENT OF PRISONERS.
- The Director, in addition to any powers conferred upon him by this Act, may, subject to rules and regulations under this Act, cause any male prisoner who, whether before or after the commencement of this Act, has been:-
- Sentenced to imprisonment whether with or (unless such prisoner maintains himself) without hard labour; or
- Imprisoned in default of compliance with any order made under provisions of Part One or Part Two of the Maintenance Act 1958 or of Part Four of the Children’s welfare Act 1958 or of any corresponding previous enactments; or
- Committed to prison under the provisions of the Imprisonment of Fraudulent Debtors Act 1958 or any corresponding previous enactment;
To work at some trade or vocation or be employed in some labour in a gaol or in a place of detention hereinafter provided for:
Provided that any court of competent jurisdiction in passing sentence upon any person or committing any person to prison or in making any such order against any person may exempt him from the operation of this section.
- The products of the work of any such prisoner shall be sold or otherwise disposed of.
An amount sufficient to cove the cost of maintenance of such prisoner during his detention in custody shall be deducted from:-
- The net proceeds arising from the sale or disposal of the products of his work; or
- The wages earned by him according to the scale prescribed by the said rules and regulations for the class labour in which he is employed; or
- From both such net proceeds and such wages.
The manner of dealing with the remainder of such net proceeds or wages shall be as prescribed by the said rules and regulations; and such amounts thereof as are so prescribed shall be applied in such manner as the director in his discretion directs:-
- Towards the maintenance of the wife and family (if any) of such prisoner or of any person dependent upon him; or
- In or towards satisfaction of any order of maintenance or for confinement expenses under Part One or Part Two of the Maintenance Act 1958 or any corresponding previous enactment or of any order as to the payment of maintenance under Part Four of the Children’s Welfare Act 1958 or any corresponding previous enactment (as the case may be) against such prisoner so far as the same is unsatisfied.
- The Governor in Council by notice published in the Government Gazette may:-
- Appoint places to be places of detention under this Part; and
- Alter or revoke any such appointment.
Every place of detention so appointed shall be deemed to be a gaol within the meaning of this Act and every such place and the prisoners to whom the Part applies detained therein shall be subject to the provisions of this Part and of any regulations hereunder, and also to the provisions of the other Parts of this Act and the rules and regulations thereunder and of any other Act rules and regulations relating to gaols and to prisoners therein; and, without affecting the generality of this enactment, the provisions of sections twenty-five twenty-nine thirty-seven and forty-one of this Act shall with such alterations modifications and substitutions as are necessary, apply also to prisoners to whom this Part applies.
- Wherever it is necessary for the purposes of this Part the Director may by warrant under his hand cause:-
- The removal of any prisoner to whom this Part applies:-
- From any gaol to any other gaol or to any place of detention under this Part;
- From any such place of detention to any other such place or to any gaol; and
- The return of such prisoner to the gaol from which he was originally removed.
- The removal of any prisoner to whom this Part applies:-
The Director shall report every 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 prisoner shall be subject to be kept at the gaol or place of detention aforesaid (as the case may be) for the residue of his sentence or of the period of his detention in custody or until removed by legal authority.
Every prisoner to whom this Part applies:-
- While being removed from or to any gaol or place of detention under this Part; and
- While returning to the gaol from which he was originally removed;
Shall be deemed to be in the legal custody of any member of the police force gaoler or officer having the custody of such prisoner and acting under the warrant, shall in due course deliver or return such prisoner into the custody of the gaoler of the gaol or officer in charge of the place of detention (as the case may be) in accordance with the terms of the warrant.
PART FOUR – 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 of the 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 or the release of such prisoner on parole 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 Director; and no prisoner shall be punishable upon a second charge for the same offence before the visiting justice under section forty of this Act.
- Every 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 from the custody of any member of the police force 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 for a term of not more than five years.
- Every 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 in which any prisoner is confined, or who secretes or leaves upon on about any road public work gaol 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 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 or other place even though no escape has been attempted.
Every such person and every 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 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.
- Every person who harbors 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 no more than Fifty pounds: Provided that if it 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 on 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 so any bodily injury to any officer or prisoner or any riot or tumult in such gaol 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 any furniture thereof or of any public works or of any implements used thereon brought against any prisoner. And such justices may in the discretion sentence such prisoner upon conviction to be kept to hard labour 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 will 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.
- No stipendiary 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 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 than twenty-one days for the first offence and of not more than thirty days for a second or subsequent offence; and may direct the during such confinement such prisoner shall be deprived of any particular portion of the ordinary diet of the prisoners in the 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 as aforesaid. And in every such case a certificate under the hand of the medical officer who has the care of and is 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.
- Every person who:-
- Contrary to the provisions of any Act or regulation relating to gaols holds or attempts to hold any communication with any prisoner;
- Delivers or in any manner whatsoever endeavours or attempts to deliver or causes to be delivered to any prisoner or introduces or attempts or endeavours to introduce or causes to be introduced into any gaol 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;
- Lurks loiters about any road or other public works or any gaol or other place in which prisoners may be confined or employed for any of the purposes aforesaid;
- 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 prisoner is usually employed any such money letter tobacco article of clothing article or thing for the purpose of being found or received by any prisoner;
- In any other manner conveys or causes to be conveyed to any prisoner any such money letter tobacco article of clothing article or thing;
May be apprehended by any member of the police force penal officer warder of other officer or by any person in whose custody any such prisoner then is without warrant and may by such member penal officer 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 every 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 or other place in which prisoners may be confined or employed and refuses to depart therefrom upon being duly warned so to do by any member of the police force penal officer warder officer or other authorized person, or if any person (not being a prisoner or a goaler penal officer warder of 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 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.
- Every sentence of punishment by visiting justices shall unless otherwise directed by the justices at the time or 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 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 o 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 same 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.
- No conviction on any charge under sections thirty-eight and forty of this Act need be drawn up in any formal manner, but a book 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 receive 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 or with respect to:-
- The management and good government of gaols and their classification as training prisons, training centres, youth correction centres and other gaols;
- The safe custody hours of labour and mode of employment of prisoners and for the different classification of prisoners in the several kinds of gaols according to sex, age, criminal record, capacity for reform and suitability for training and instruction and for the individual separation of all or any of the prisoners confined therein;
- The mitigation or remission conditional or otherwise of any sentence of imprisonment or of imprisonment or detention with hard labour for any indictable offence or offence punishable on summary conviction as an incentive to or reward either for good conduct or for special industry in the performance or any work or labour allotted to an offender whilst he is imprisoned or detained under such sentence and may mitigate or remit the term of punishment accordingly: Provided that any rules or regulations made pursuant to this paragraph shall not apply to sentences of imprisonment in respect of which minimum terms are fixed pursuant to Division two of Part Four of the Crimes Act 1958;
- The trades vocations or classes of work at which prisoners are pursuant to Part Three of this Act to be employed;
- The mode of sale and disposal of the products of the work of such prisoners;
- The disposal of the proceeds of such sale;
- Scales of wages for the several classes of labour in which prisoners may pursuant to Part Three of this Act be employed, and the disposal of such wages;
- All matters necessary or expedient for the good order discipline safe custody and health of prisoners to whom Part Three of this Act applies; and
- All matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of Part Three of this Act; and
- Otherwise for the management and good government of prisoners.
- 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 of 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 proceeding under this Act other than proceedings in respect of 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.
|Gaols Act 1928
|So much as is not already repealed.
|Crimes Act 1949
|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 provision of section 27 of the Gaols Act 1958 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 inset 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 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]