nex C
霉
13.
The Criminal Procedure (Amendment) Bill, 1973
(Annex C) is designed to give effect to this proposal and
generally follows the former U.K. provisions.
By virtue of
the Bill, it will be open to the Supreme Court or the District
Court to sentence an offender to not less than 5 nor more than
14 years preventive detention, if the conditions set out in
the new section 1091 are satisfied. These conditions are
that the person shall be not less than 25 years of
(a)
age;
(b) that he is convicted of an offence punishable with
at least two years' imprisonment;
(c) that he has been convicted on at least 3 previous
occasions since the age of 17 of offences punishable
with such a sentence;
(a) that he was sentenced to a custodial sentence on
at least 2 of these 3 previous occasions; and
(e) that he was on at least one of the 3 previous
occasions sentenced to not less than two years'
imprisonment.
14. The object of requiring these conditions to be
satisfied is to make it clear that preventive detention is to
be used as a last resort, when all other forms of punishment
have failed to protect society against a man who has, in effect,
become a professional criminal.
15. It should be stressed that, while there is no
specific limitation to this effect contained in the Bill,
preventive detention is not intended to cover drug addicts
or professional pickpockets, but only those guilty of really
In practice,' drug addicts are very seldom
sentenced to two years' imprisonment on any one occasion and
therefore are unlikely ever to qualify for this form of
serious offences.
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