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example, it is not appropriate in the case of a persistent petty
thief, however hardened a criminal he may be. This possible
difficulty will be met by the provision of the new section 109J(1)
that a sentence of preventive detention may be passed only if
the Attorney General makes application accordingly within thirty
days after the supporting conviction.
The proposed new section 1091 prescribes the conditions
which must be satisfied before an application can be made to the
Supreme Court or the District Court for the passing of a sentence
of preventive detention. These conditions are firstly, that the
person shall be not less than 25 years old; secondly, that he
has just been convicted of an offence punishable by at least two
years' imprisonment; thirdly, that he has been convicted on at
least three previous occasions since the age of 17 of offences
punishable with at least two years' imprisonment; fourthly, that
he was sentenced to a custodial sentence on at least two of these
three previous occasions, and fifthly, that he has previously
been sentenced in the aggregate to not less than two years'
imprisonment.
If these conditions are satisfied, it will then be
open to the Attorney General to apply to the court before which
the person was last convicted for the passing of a sentence of
preventive detention. On such an application, the court may
pass such a sentence if, but only if, it is satisfied that it is
expedient for the protection of the public that the person
concerned should be detained in custody for a substantial time.
A sentence of preventive detention will be for a term of not
less than 5 nor more than 14 years.
It will be necessary to make special arrangements
for the reception of offenders of this kind. Since they are
not being punished for any particular offence, but being removed
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