An Act to amend “The Statute of Gaols 1864” and for other purposes. [23^rd November 1871.] No. 397.

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

Short title and commencement.

1. This Act shall be called and may be cited as “The Statute of Gaols Amendment Act 1871,” and shall come into operation and take effect upon and after the first day of December in this present year.

Repeal of ss. 8 & 28 of No. 219.

2. The eighth and the twenty-eighth sections of “The Statute of Gaols 1864” shall be and the same are hereby repealed; but all acts matters things or proceedings done and had begun or pending all the rights powers and liabilities subsisting at the time of the coming into operation of this Act shall be carried on and continued and avail and attach and be of the same force and effect to all intents and purposes as if this Act had not been passed.

Inspector-General of Penal Establishments.

3. It shall be lawful for the Governor in Council from time to time 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.

4. The Inspector-General of Penal Establishments (hereinafter called “The Inspector”) 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 the said Statute and all hulks, and the said Statute shall apply accordingly.

Sheriff to retain rights and duties in all cases where same attach. 28 & 29 Vict. C. 126, s. 58.

5. Nothing herein contained shall deprive or relieve and 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.

6. 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 they lawfully may or ought to exercise and fulfil within or with respect or any gaol or the confinement therein or release therefrom of prisons.

Power to remove prisoners under sentence.

7. The inspector 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 three days to the Chief Secretary with the reasons of such removal for the approval of the Governor.

Prevention of escape of persons under sentence for misdemeanour.

8. In all cases in which any person shall be under sentence on 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.

An Act to further amend the Law relating to Gaols. [17^th December 1872] No. 431.

Preamble

Whereas doubts have arisen whether a police magistrate being visiting justice can exercise alone the powers conferred on two justices by the twentieth section of “The Statute of Gaols 1864;” and also whether sentences of punishment under the said section or the next succeeding section of the said Statute are intended to be accumulative upon any previous sentence, and whether such sentence is thereby suspended: And whereas it is expedient to remove all such doubts and also to amend the law upon this subject: Be it enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:-

Short title and construction.

1. This Act shall be called and may be cited as “The Statute of Gaols further Amendment Act 1872.” It shall be read and taken as one Act with “The Statute of Gaols 1864” except where the provisions of this Act are inconsistent with those of the Statute aforesaid when this Act shall prevail.

Powers of police magistrate and visiting justices defined.

2. Every visiting justice being a police magistrate shall be deemed to have had the powers which by the said first-mentioned section are conferred upon two justices, but no visiting justice whether a police magistrate or not shall hereafter alone have or exercise such powers.

Sentences under “The Statute of Gaols 1864” to be additional sentences.

3. All sentences or punishment under either of the said sections shall be deemed to have been and to be separate and additional sentences taking effect immediately and having the effect of suspending any and every previous sentence under which the offender was for the time being imprisoned or detained and at the expiration of any such sentence of punishment as aforesaid any and every such previous sentence shall be deemed again in force so that every such offender shall serve the full period of any and every such previous sentence without reckoning as any portion thereof the period of such suspension.

Provisions of last section of Act No 397 applicable to persons under sentence of punishment.

4. The provisions of the last section of “The Statute of Gaols Amendment Act 1871” shall apply to all persons under sentence of punishment under the twentieth or twenty-first section of “The Statute of Gaols 1864.”

Governor in Council may appoint Acting and Deputy Inspector-General of Penal Establishments.

5. 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 of Penal Establishments.

Form of conviction.

6. No conviction on any charge under the twentieth and twenty-first sections of “The Statute of Gaols 1864” 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 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 intents and purposes whatsoever.

Conviction book or certified copy of entry to be conclusive evidence of such conviction.

7. Such book having and 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 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 Governor in Council may appoint any number of visiting justices for any gaol or hulk, who shall visit the same as required by order of the Governor in Council.

8. Notwithstanding anything contained in the eleventh section of the said Statute 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 the said Statute.

An Act to further amend “The Statute of Gaols 1864.” [29^th October 1873] No. 463.

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

Short title and construction.

1. This Act shall be called and may be cited as “The Statute of Gaols further Amendment Act 1873;” it shall be read and taken as one Act with “The Statue of Gaols 1864” and the Acts amending the same.

Prisoners under sentence to be in custody of Inspector-General.

2. Every person who since the coming into operation of “The Statute of Gaols Amendment Act 1871” 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.

Jurisdiction of Sheriff in case of sentence of death preserved.

3. Nothing contained in “The Statute of Gaols Amendment Act 1871” or in “The Statute of Gaols further Amendment 1872” or 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.

An Act to Further amend the Law relating to Gaols and to persons confined therein. [3^rd October 1887]

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.

1. This Act may for all purposes be cited as “The Gaols Act 1887.”

Repeals. First Schedule.

2. The Acts mentioned in the First Schedule hereto are hereby repealed to the extent specified in the third column of the said Schedule, but such repeal shall not affect any proclamation sentence rule regulation order proceeding warrant direction offence or other thing heretofore passed made done or committed under the said repealed Acts or either of them, but any such proclamation sentence rule regulation order proceeding warrant offence or other thing heretofore passed made done or committed may be rescinded altered or otherwise dealt with as if the same had been passed or made under this Act, and all things lawfully done and all offences committed and penalties incurred under any of the said repealed parts of Acts before the passing of this Act shall be continued and be preserved and may be processed and enforced as if this Act had not been passed.

Interpretation. See sec. 7 of No. 219. See sec. 4 of No. 219.

3. Where used in and Act relating to gaols “Gaoler” shall mean Governor of Gaol and the term “Governor of Gaol” shall be taken to include 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” 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.

Governor in Council may proclaim and revoke proclamation constituting “police gaols.”

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

Governor in Council to have power to revoke proclamation notifying particular places as gaols, &c. Amends sec. 3 of No. 219.

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 section three of “The Statute of Gaols 1864” or under any other authority in that behalf which shall have notified and 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 accordingly.

Governor in Council to make, vary, revoke, &c., regulations for classification, &c., of all prisoners whatever the cause of detention in custody.

6. 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 “The Gaols Statute 1864” or of any Act amending the same 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 shall be repealed by an order of the Governor in Council made under this Act.

Inspector-General may order labour not severe at such place as he may think for to be performed by prisoners for felonies or misdemeanours although not sentenced to hard labour. See sec. 13 of No. 219.

7. The Inspector-General may cause any male person undergoing imprisonment for any criminal offence 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 or labour and in any 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.

Governor of gaol may hear and determine minor charges to be enumerated in rules and regulations. New.

8. 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 twenty-one of “The Statute of Gaols 1864.”

Inspector-General empowered to make inquiries and to take evidence on oath. New.

9. 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 goal prison hulk or penal establishment or in connection therewith.

Governor in Council may order removal of any prisoner from one gaol or police gaol to another although in a different bailiwick. New. See sec. 7 of No. 397, and sec. 27 of No. 219.

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

Time enlarged for Inspector-General’s report of removal of prisoners.

11. The time within which the Inspector-General of Penal Establishments is required to report to the Chief Secretary the removal of prisoners under section seven of “The Statute of Gaols Amendment Act 1871” shall henceforth be seven days instead of three days as provided in the said section.

Visiting justices’ sentences to be cumulative upon court sentences but may be made concurrent of cumulative upon prison sentences. See sec. 3 of No. 431.

12. Every sentence of punishment by visiting justices shall unless otherwise directed by the justice 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 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.

Inspector-General may discharge prisoner at any time within seven days next before the termination of prisoner’s sentence. New.

13. 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. Second Schedule.

14. Any prisoner charged with any offence not being the offence for which he is then in custody may upon an order which may be in the form or 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 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 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 been so brought up.

Sentences to date from the first day of sittings &c.

15. 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. New.

16. 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 sentences; 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.

Schedules.

First Schedule.

27 Vict. No. 219. “The Statute if Gaols 1864.” Section 9. 10. And 13.

36 Vict. No. 431. “The Statute of Gaols further Amendment Act 1872.” Section 3.

Second Schedule.

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

It is hereby ordered under the provisions of Section fifteen of “The Gaols Act 1887” 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 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   

A.B. Judge of the Supreme Court or

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

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

EXTRACTS FROM THE RULES AND REGULATIONS FOR THE GUIDANCE OF THE CONSTABULARY OF VICTORIA.

Police Gaols.

1. In some places police lock-ups have been declared to be gaols by proclamation of the Governor in Council, published in the Government Gazette in accordance with the provisions of the Statute of Gaols. This course is seldom adopted, except in places which are so remote from any regular gaol that the conveyance to it of a prisoner would be very expensive or inconvenient, and the period of the sentence might expire before the removal could be effected.
2. These establishments which, for the sake of distinction, are termed “Police Gaols” thus answer a double purpose. They are places of safe custody for prisoners prior to the disposal, by conviction, committal or otherwise, of their case by a bench of magistrates, and they are places in which prisoners under sentence can be legally confined.
3. Police gaols, though in the charge and under the direction of the Inspector-General of Penal Establishments, are under the more immediate control of the Chief Commissioner of Police; and the keepers of police gaols, who are members of the force, have duties, powers, and responsibilities which the keepers of other gaols have. As they receive their appointments as gaolers from the Governor in Council, every case in which it is found necessary to transfer a gaoler to ordinary duty, and to put another member to the force in his place, is to be at once reported in order that steps may be taken to have the latter duly appointed.
4. As regards the management of police gaols, the “General Rules for Gaols,” issued by authority of the Government, are to be observed so far as they are applicable.
5. If a person was arrested under the warrant of a justice of the peace, the constable who gives over charge of the prisoner is himself to certify on the back of the warrant, or to cause to be certified by some other member of the force, at what time the prisoner was arrested under the warrant. Keepers of police gaols, when taking charge of prisoners, are to require that the necessary endorsement be made at the back of the warrant.

Debtors.

6. When prisoners are confined for debt in police gaols, arrangements must be made to supply them with iron bedsteads and suitable bedding, together with a table and seats. They are of course allowed the privilege of supplying themselves with food and the necessary appliances for eating it, and such moderate allowance of wine, beer, or spirit as they desire, at their own expense (see General Rules of Gaols) subject only to such restriction as may be necessary to prevent excess. When they are rationed at the expense of the Government they have to take the ordinary prison fare.
7. In cases where, from limited accommodation, it is unavoidable that debtors should be confined in the same cell with other prisoners, the member of the force in charge must exercise his discretion as to the allowance of a bedstead, table, or bench, and it will sometimes be prudent to refuse such allowances altogether, lest advantage be taken of them by other prisoners to escape. When, however, it can be avoided, debtors must never be confined with other prisoners.

Removal of Prisoners.

8. When the removal of a prisoner from a police gaol to any other gaol for the purpose of undergoing any portion of his sentence is necessary, application is to be made to the Chief Commissioner, and a warrant enclosed in the required form and filled up with the necessary particulars, when application will be made for the Governor’s signature thereto.
9. By the latter part of section 7 of “The Statute of Gaols Amendment Act 1871” the Inspector-General of Penal Establishments may, by warrant under his hand, remove prisoners under sentence for an indictable offence or on summary conviction from one gaol to another; provided he report such removal within three days to the Chief Secretary, with the reasons for such removal, for the approval of the Governor.
10. In every case, therefore, in which a prisoner is removed from one gaol to another under the warrant of the Inspector-General, notice of the date in which such removal takes place is to be forwarded without delay, and if necessary by telegraph, direct to the Inspector-General, in order that he may be in a position to make the necessary report to the Chief Secretary.
11. If prisoners are removed by warrant signed by the Governor no report of the date on which the removal takes place need be made to the Inspector-General, as there is no necessity for that officer to submit any report of the removal to the Chief Secretary.
12. Unless, therefore, the removal of a prisoner is so urgently required as not to admit of delay, it will be the safer and simpler course to prepare and submit a warrant for the removal for the signature of the Governor, instead of that of the Inspector-General.
13. When removals are necessary for other purposes writs of habeas corpus must be applied for.
14. In forwarding convicts from country gaols to Pentridge, it is desired that they be taken directly to the latter place and not passed through the Melbourne Gaol.
15. The keepers of country gaols having such prisoners ready for transmission should give the local police not less than twenty-four hours’ notice of the desired removal; and in cases where the prison van is needed for the conveyance of the offenders from Melbourne to Pentridge, at least twenty-four hours’ notice of such requirement must be sent per telegraph by the district officer to the officer in charge of the depot.
16. The case of a prisoner who is not under sentence, but is merely detained until he obeys an order of the justices, is not within the 27^th section of the Act 219 nor the 7^th section of the Act 397. He cannot therefore be legally removed from one gaol to another.
17. The attention of the members of the police force is called to the risk they incur if they remove prisoners who are in confinement under warrant of commitment, or under sentence, or if they allow them to be removed beyond the boundaries of the gaol in which they are confined, unless it be in accordance with the provisions of the warrant of commitment, or at the termination of their respective periods of punishment, or under some sufficient authority for the removal, such, for instance, as a writ of habeas corpus, or the direction of the Governor, &c., in accordance with the provisions of the Acts No. 219 and No. 397.
18. This applies more particularly to those who are in charge of prisoners confined in police gaols, that is, lock-ups that have been proclaimed gaols; but it is not the less necessary that every member of the force should have his attention specially directed to the matter.
19. No prisoner awaiting trial, or under sentence, or for debt, in any police gaol should be permitted to go beyond the boundaries of the gaol reserve, unless under proper authority. If without such authority a prisoner be taken or allowed to go beyond those boundaries, and he attempt to escape by force, and in doing so he kill the keeper of the gaol or any other member of the force, he might perhaps escape punishment for such a crime, and, on the other hand, if in the scuffle the prisoner happen to be killed by any member of the force, that member of the force would be liable to be tried for murder or manslaughter. Every man has a right to resist an illegal attempt to keep him in confinement, and to use such a degree of force as may be necessary to affect his liberation from unlawful imprisonment.
20. But if while within the boundaries of the gaol reserve, and therefore in legal custody, a prisoner attempt to escape, and in doing so kill the gaoler or other member of the force, he will be guilty of murder, whereas if in the attempt, he himself happens to be killed it will be a case of justifiable homicide.
21. It will be evident, therefore, that the utmost caution should be observed never on any account, without express lawful authority, to allow a prisoner to be taken beyond the proclaimed limits of the gaol reserve to confinement in which he has been committed in the ordinary course of law.
22. Any member of the force who shall on his own responsibility, without authority, take a prisoner who is in legal custody beyond the boundaries of the gaol reserve, or to any place where his confinement will be illegal, will be deemed to have committed a gross breach of discipline, for which he may be severely punished.

An Act to further amend “The Statute of Gaols 1864.” [3^rd December 1888.]

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 authority of the same as follows (that is to say):-

Short Title.

1. This Act may for all purposes be cited as “The Gaols Act 1888.”

Repeal of ss. 24 and 25 of No. 219 and substitution of new provisions.

2. Sections twenty-four and twenty-five of “The Statute of Gaols 1864” are hereby repealed and in lieu thereof the two next following sections shall be and be deemed to be and may be cited respectively as sections twenty-four and twenty-five of the said Statute.

Penalty for holding communication with or supplying prisoners with forbidden articles.

3. 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
   1. 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 “The Gaols Act 1887” and
   2. 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 purposes aforesaid; and
   3. Any person who delivers or causes to be delivered to any other person any such money letter tobacco article of clothing 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
   4. 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.

4. 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 or 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.

Sentence of visiting justices to take effect immediately unless otherwise ordered.

5. Any sentence of punishment by visiting justices upon and 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.

6. 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.

7. 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.

Power to appoint deputy governors.

8. The Governor in Council may subject to the provisions of “The Public Service Act 1883” 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.

An Act to amend the Gaols Act 1890 and for other purposes. [10^th February, 1896.] No.1415.

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 and construction. No. 1096.

1. This Act may be cited as the Gaols Act 1896, and shall be read and construed as one with the Gaols Act 1890.

Sentences of imprisonment suspended during appeal to be served after determination of appeal if unsustained.

2. When after the commencement of this Act 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.
   1. 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 anything in the Gaols Act 1890 or any rule of law or practice to the contrary notwithstanding; and if such offender be imprisoned under process in respect of an offence or offences other that 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.
   2. If the period during which any offender’s 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.

Sentences of imprisonment to be cumulative unless otherwise directed.

3. 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 Acts unless otherwise directed by such court judge or justice at the time of pronouncing the sentence be cumulative upon any incompleted sentence or sentences of punishment previously imposed upon such offender by any court judge or justice.

How prisoners may be brought up before coroners &c.

4. Where any prisoner is detained in any gaol under sentence or awaiting trial or on remand for any offence or for any other lawful cause, and an inquiry inquest or inquisition is pending under the provisions of the Coroners Act 1890 at which it is deemed necessary that such prisoner should be present, the coroner or deputy coroner before whom such inquiry inquest or inquisition is to be held may issue an order so altered as to meet the circumstances of the case in the form or to the effect set forth in the Second Schedule to the Gaols Act 1890, and every prisoner brought up under any such order shall be deemed to be in the legal custody of the police constable 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.

By Authority: Robt. S. Brain, Government Printer – Melbourne.

An Act to consolidate and amend the Law relating to Gaols. [6^th September, 1915.] No 2659.

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) :-

Short title commencement and division.

1. 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. 4-10.

PART TWO – Treatment of Prisoners ss. 20-32.

PART THREE – Offences ss. 33-50.

PART FOUR – Supplemental ss. 51-55.

Repeal of Act. First Schedule. “The Gaols Act 1890” s.2.

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 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 1860” s.3.

3. 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 1 – CONSTITUTION AND OFFICERS.

Governor in Council may appoint gaols &c. “The Gaols Act 1890” s.4.

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 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 deem and taken to be the public gaols prisons houses of correction 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 houses of correction and penal establishments already (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 1890” s.5.

5. 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.

Penal establishments. “The Gaols Act 1890” s.6.

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 section 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 the Act.

Governor in Council may proclaim and revoke proclamation constituting “police gaols” “The Gaols Act 1890” s.7.

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 elapses before they can be conveyed to a gaol.

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

Gaols to be also houses of correction unless otherwise proclaimed. “The Gaols Act 1890” s.8.

8. Except where it is otherwise proclaimed by the Governor in Council, every gaol shall 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 Gaols Act 1890” s.9.

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 new assign and revoke.

Appointment of officers for hulks. “The Gaols Act 1890” s.10.

10. The Governor in Council may from time to time subject to the provisions of the Public Services 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 shall so far as they are applicable to subject to the like rules regulations and discipline as prisoners confined in any gaol on land are subject or liable to.

Inspector-General of Penal Establishments. “The Gaols Act 1890” s.11.

11. It shall be lawful for the Government in Council from time to time subject to the provisions of 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.

Inspector to have control of gaols and hulks. “The Gaols Act 1890” s.12.

12. 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.

Sheriff to retain rights and duties in all cases where same attach. “The Gaols Act 1890” s.13.

13. 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.

Regulations for defining relative positions of sheriff and inspector-general. “The Gaols Act 1890” s.14.

14. From time to time the Governor in Council may make and amend alter 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.

Governor in Council may appoint acting and deputy inspector-general of penal establishments. “The Gaols Act 1890” s.15.

15. 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.

Prisoners under sentence to be in custody of inspector-general. “The Gaols Act 1890” s.16.

16. 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.

Power to appoint deputy governors. “The Gaols Act 1890” s.17.

17. The Governor in Council may subject to the provision of the Public Service 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 appoint any number of visiting justices. “The Gaols Act 1890” s.18.

18. 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 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 tie are required by order of the Governor on 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 judges and justices not affected. “The Gaols Act 1890” s.19.

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 thinks fit.

PART TWO – TREATMENT OF PRISONERS.

Sentence to date from first day of sitting &c. “Crimes Act 1890” s.488.

20. 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.
    1. 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.
    2. 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 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.
    3. If during the period which any offender’s 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.

Sentences of imprisonment to be cumulative unless otherwise directed. “The Gaols Act 1896” s.3.

21. 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 be cumulative upon any uncompleted sentence or sentences of punishment previously imposed upon such offender by any court judge or justice.

Discharge of certain prisoners. “The Gaols Act 1890” s.23.

22. 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.

Governor may direct removal of prisoners. “The Gaols Act 1890” s.20.

23. 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 removal by legal authority.

Power to remove prisoners under sentences. “The Gaols Act 1890” s.22.

24. 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 of the approval of the Governor. Upon every such removal every such offender shall subject to the provisions of section seven at 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.
    1. 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 shall 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.

Prisoners may be set to work. “The Gaols Act 1890” s.24.

25. 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.

Maintenance of certain prisoners. “The Gaols Act 1890” s.25.

26. 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 Gaols Act 1890” s.26.

27. 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 or person to do for the like purpose of 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 1890” s.27.

28. The inspector-general shall have power to order the release from custody of any prisoner at any time within 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. Second Schedule. “The Gaols Act 1890” s.28.

29. 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 writ of habeas corpus; and every 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 up.

Where sentence of death “recorded” prisoner may be kept to hard labour pending consideration by Executive. “The Gaols Act 1890” s.30.

30. 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.

Inspector-general empowered to make inquiries and to take evidence on oath. “The Gaols Act 1890” s.31.

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 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 1890” s.32.

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 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

Governor of gaol may hear and determine minor charges to be enumerated in rules and regulations. “The Gaols Act 1890” s. 33.

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 a term of not more than two days or by close confinement in a cell on half rations for a term or 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.

Offenders attempting to escape guilty of a felony. “The Gaols Act 1890” s.34.

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 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.

Punishment of persons aiding in escape. “The Gaols Act 1890” s.35.

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, any 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 through 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.

Harbouring prisoners illegally at large. “The Gaols Act 1890” s.36.

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 be liable to a penalty of not less than One pound nor 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.

Punishment of certain offences. “The Gaols Act 1890” s.37.

37. 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 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 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 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.

Police magistrate not to act alone. “The Gaols Act 1890” s. 38.

38. 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.

Punishment of lesser offences. “The Gaols Act 1890” s.39.

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 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 with 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 than 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.

Prisoners wilfully disabling themselves. “The Gaols Act 1890” s. 40.

40. 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 surgeon 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 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 1890” s. 41.

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
    1. 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
    2. 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
    3. 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
    4. 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.

Unlawful purposes to be presumed in certain cases. “The Gaols Act 1890” s.42.

42. 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 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.

No person to approach hulk. “The Gaols Act 1890” s. 43.

43. 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 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 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. Any 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.

Visiting justices sentences to be cumulative upon court sentences but may be made concurrent or cumulative upon prison sentences. “The Gaols Act 1890” s. 44.

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 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.

Sentence of visiting justices to take effect immediately unless otherwise ordered. “The Gaols Act 1890” s. 45.

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 any uncompleted sentence of punishment by visiting justices previously imposed upon him take effect immediately unless the justice imposing the same order that it shall take effect upon the completion of such substantive sentence of or any such uncompleted 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 1890” s. 46.

46. 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.

Effect of two preceding sections. “The Gaols Act 1890” s.47.

47. 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.

Forms of conviction. “The Gaols Act 1890” s.48 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 format manner, by 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.

Conviction book or certified copy of entry to be conclusive evidence of such conviction. “The Gaols Act 1890” s. 49.

49. 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 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 Gaols Act 1890” s. 50.

50. 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 FOUR – 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 1890” s.51.

51. The Governor in Council may from time to time make vary alter revoke rules and regulations;
    1. For the management and good environment 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 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 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.

Person arrested may be detained in most convenient gaol irrespective of bailiwick. “The Supreme Court Act 1891” s.6.

52. Any person arrested under any process of any court or for any offences 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.

Jurisdiction of sheriff in case of sentence of death preserved. “The Gaols Act 1890” s.52.

53. 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.

Summary proceedings. No certiorari. “The Gaols Act 1890” s. 53.

54. All proceedings under this Act other than proceedings in respect of indictable offences shall be had and taken in a summary way; and no proceeding shall be removed by certiorari into the Supreme Court.

Application of fines. “The Gaols Act 1890” s.54.

55. All fines and penalties under this Act shall be appropriated to the police superannuation fund.

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 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] at [insert place where court too 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

A.B., Judge of 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]

 

Sourced from the STATE LIBRARY OF VICTORIA