A BILL ΤΟ Amend and Consolidate the Penal Servitude Acts for England and Scotland. W c. 99. HEREAS Two Acts were passed, the one Chapter Ninety- Preamble. nine in the Session of the Sixteenth and Seventeenth 16 & 17 Vict. Years of the Reign of Her present Majesty, and the other 20 & 21 Vict. Chapter Three in the Session of the Twentieth and Twenty-first c. 3. 5 Years of the same Reign, having for their Object the Substitution of other Punishments in lieu of Transportation: And whereas it is expedient to amend and consolidate the said Acts for England and Scotland: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and 10 Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 1. The said Acts shall be repealed so far as respects England and Short Title. Scotland, and this Act shall be cited as the Penal Servitude Act, 1864: Provided, that the Repeal of the said Acts shall not affect any 15 Sentence of Penal Servitude which may have been passed previously to the Time at which this Act commences; and for the Purpose of any such Sentence, and of the granting of Licences thereunder, the said Acts shall remain in full Force. Sentenee of Penal Servitude sub 2. No Person shall be sentenced to Transportation; and any Person who previously to the first-recited Act being passed might have been sentenced to Transportation shall be liable to be sentenced Sentence of to be kept in Penal Servitude for a Term not exceeding Three Transporta tion. Persons under Sentence or Order of Penal Servitude how to be dealt with. All Acts, &c. concerning Convicts sentenced to Transportation made applicable to Convicts sentenced to Penal Servitude. Fourths of the Term of Transportation to which such Person would 5 have been liable before that Act was passed; and in every Case where, at the Discretion of the Court, One of any Two or more Terms of Transportation might have been awarded, the Court shall have the like Discretion to award One of any Two or more of the Terms of Penal Servitude in the said Proportion: Provided always, 10 that any Person who might at the Discretion of the Court have been sentenced either to Transportation for any Term or to any Period of Imprisonment, shall be liable at the Discretion of the Court to be sentenced either to Penal Servitude for a like proportionate Term or to the same Period of Imprisonment. 15 3. Every Person sentenced or ordered to be kept in Penal Servitude may, during the Term of the Sentence or Order, be confined in any such Prison or Place of Confinement in any Part of the United Kingdom, or in any River, Port, or Harbour of the United Kingdom, in which Persons under Sentence or Order of Transpor- 20 tation might before the passing of the first-recited Act be confined, or in any other Prison in the United Kingdom, or in any Part of Her Majesty's Dominions beyond the Seas, or in any Port or Harbour thereof, as One of Her Majesty's Principal Secretaries of State may from Time to Time direct; and such Person may during such 25 Term be kept to Hard Labour and otherwise dealt with in all respects as Persons sentenced to Transportation might have been dealt with while so confined before the passing of the said Act. 4. All Acts and Provisions of Acts previously to the passing of the said Act applicable with respect to Persons under Sentence or 30 Order of Transportation shall, so far as may be consistent with the express Provisions of this Act, be construed to extend and be applicable to Persons under any Sentence or Order of Penal Servitude; and all the Powers and Provisions contained in the Act of the Fifth · Year of King George the Fourth, Chapter Eighty-four, authorizing 35 the Appointment by Her Majesty from Time to Time of Places of Confinement as therein mentioned for Male Offenders under Sentence or Order of Transportation, and anthorizing Her Majesty to order Male Offenders convicted in Great Britain and under Sentence or Order of Transportation, to be kept to Hard Labour in any Part 40 of Her Majesty's Dominions out of England, shall extend and be applicable to and for the Appointment by Her Majesty of like Places of Confinement in any Part of the United Kingdom, for Offenders Offenders (whether Male or Female) sentenced under the recited Acts or this Act in any Part of the United Kingdom, and to and for the ordering of such Offenders to be kept to Hard Labour in any Part of Her Majesty's Dominions out of England; and all the 5 Provisions of the said Act concerning the Removal to or from and Confinement in the Places of Confinement in or out of England, appointed under the said Act, of the Offenders therein mentioned; and all Acts and Provisions of Acts now in force concerning or relating to the Regulation and Government of such Places of Con10 finement, and the Custody, Treatment, Management, and Control of or otherwise in relation to the Offenders confined therein, shall, so far as the same may be consistent with the express Provisions of the Act, extend and be applicable to and for the Removal to and from and Confinement in the Places of Confinement appointed under the 15 recited Acts or this Act, of the Offenders sentenced in any Part of the United Kingdom, and otherwise be applicable to and in respect of such Places of Confinement, and the Offenders to be confined therein. Offenders to 5. And whereas the Provisions applicable to Persons under Sen- Provisions of Acts con20 tence of Transportation extend to Persons under Sentence of Penal cerning Servitude conveyed to Parts beyond the Seas in those Cases only transported where they are conveyed to and kept in Places of Confinement appointed under the said Act or the Act of the Fifth Year of King George the Fourth, Chapter Eighty-four, and it is expedient to 25 extend the said Provisions to other Cases: Any Person now or hereafter under Sentence or Order of Penal Servitude may, during the Term of the Sentence or Order, be conveyed to any Place or Places beyond the Seas to which Offenders under Sentence or Order of Transportation might have been con30 veyed, or to any Place or Places beyond the Seas which may be hereafter appointed as herein mentioned; and all Acts and Provisions which at the Time of the passing of the Twentieth and Twenty-first Victoria, Chapter Three, were applicable to and for the Removal and Transportation of Offenders under Sentence or Order of 35 Transportation to and from any Places beyond the Seas, and concerning their Custody, Management, and Control, and the Property in their Services, and the Punishment of such Offenders if at large without lawful Cause before the Expiration of their Sentence, and all other Provisions at the Time of the passing of this Act, applicable 40 to and in the Case of Persons under Sentence or Order of Transportation, shall apply to and in the Case of Persons under Sentence or Order of Penal Servitude, as if they were Persons under Sentence or Order of Transportation. apply to Offenders under Sentence of Penal Ser vitude. Existing Transporta- for the Pur poses of this Act. All Enactments re ferring to T 6. The Provisions and Powers of the said Act of the Fifth Year of King George the Fourth, authorizing the Appointment (by Her Majesty, with the Advice of Her Privy Council,) of any Place or Places beyond the Seas to which Felons and other Offenders under Sentence or Order of Transportation shall be conveyed, and all 5 other Powers of Her Majesty for the like Purpose, shall extend and be applicable to and for the Appointment of any Place or Places beyond the Seas to which Offenders under Sentence or Order of Penal Servitude may be conveyed, as herein provided. 7. Where in any Enactment now in force the Expression "any 10 Crime punishable with Transportation," or "any Crime punishable Transporta- by Law with Transportation," or any Expression of the like Import, tion to have is used, the Enactment shall be construed and take effect as applicable also to any Crime punishable with Penal Servitude. reference to Penal Servitude. alternative not to be affected. Discretion of 8. Provided also, That nothing herein contained shall interfere 15 Courts as to with or affect the Authority or Discretion of any Court in respect Punishments of any Punishment which such Court may now award or pass on any Offender other than Transportation, but where such other Punishment may be awarded at the Discretion of the Court, instead of Transportation, or in addition thereto, the same may be awarded 20 instead of or (as the Case may be) in addition to the Punishment substituted for Transportation under this Act. Conditional Pardons to be allowed with refe 9. Whenever Her Majesty shall be pleased to extend Mercy to any Offender convicted of any Offence for which he may be liable to the Punishment of Death, upon Condition of his being kept to 25 rence to the Penal Servitude for any Term of Years or for Life, such Intention substituted Punishment of Mercy shall have the same Effect and may be signified in the as in Cases same Manner, and all Courts, Justices, and others shall give Effect of Pardon on condition of thereto and to the Condition of the Pardon, in like Manner as in Transpor- the Cases where Her Majesty is now pleased to extend Mercy upon 30 Condition of Transportation beyond Seas, the Order for the Execution of such Punishment as Her Majesty may have made the Condition of Her Mercy being substituted for the Order of Transportation. tation. Queen's Prerogative. Punishment of Offences in Convict Prisons. 10. Provided always, That nothing in this Act contained shall in 35 any Manner affect Her Majesty's Royal Prerogative of Mercy. 11. One of Her Majesty's Principal Secretaries of State may, by Warrant under his Hand and Seal, empower any Two or more Justices of the Peace, to be named in such Warrant, acting for any County in which a Prison for the Reception of Convicts under 40 Sentence |