42
Penalty for
obstructing visitors and
(2) Any manager who at any time refuses admittance to any such visitor, or to any Judge of the Supreme Court, or others having to any Member of the Executive or Legislative Council, or to any Magistrate, or offers to him hindrance or
any obstruction, shall be liable on summary conviction to a fine not exceeding fifty dollars.
the right of inspection.
Reformatory
and certified
Youthful Offenders.
16. Every reformatory school and every certified indus- schools law trial school shall be a lawful place of detention for such youthful offenders as are ordered to be detained therein, and shall be subject to be inspected and reported on as herein provided.
ful places of detention.
Order of Detention.
17. (1) When a youthful offender is convicted before any court of an offence punishable, in the case of an adult, by fine or imprisonment the court may, in addition to or in lieu of sentencing him according to law to any other punish- ment, order such offender to be sent to a reformatory or certified industrial school there to be detained for any period not less than two and not longer than five years and not being in any case longer than until such offender attains the age of eighteen years; Provided that the offender shall not in addition be sentenced to imprisonment.
(2) Where such an order has been made in respect of a youthful offender of the age of fourteen years or upwards, and no reformatory or certified industrial school can be found the managers of which are willing to receive him, the Governor may order the offender to be brought before the court which made the order or any court having the like jurisdiction, and that court may make such order or pass such sentence as the court may determine, so however that the order or sentence shall be such as might have been originally made or passed in respect of the offence.
(3) The court may in addition to making an order of detention under the foregoing subsections make an order that the youthful offender be placed under the supervision of a probation officer.
(4) The Court making an order of detention may of its own motion, or on the application of any person, from time to time by order renew, vary or revoke any such order; and may by an order of detention fix a date when such order shall come up before the court for consideration.
(5) An order of detention made in pursuance of this sec- tion may, if the court think fit, be made to take effect either immediately or at a later date specified therein, regard being had to the age or health of the youthful offender.
(6) If-
(a) an order of detention is made but is not to take
effect immediately; or
(b) at the time specified for the order to take effect the youthful offender is unfit to be sent to a reformatory or certified industrial school; or
(c) the school to which the youthful offender is to be sent cannot be ascertained until inquiry has been made;
the court may make an order committing him either to custody in any place to which he might be committed on remand or to the custody of a relative or other fit person or institution named by the court and he shall be kept in that custody ac- cordingly until he is sent to a reformatory or certified industrial school in pursuance of the order of detention.
18. In selecting the place of detention to which a Religious youthful offender is to be sent the court shall have regard, so persuasion far as practicable, to the religious persuasion of the youthful to be offender.
of offender
considered.
19.—(1) It shall be the duty of the manager of à Duties and reformatory or certified industrial school to report to the powers of Governor immediately he considers it would be consistent with manager. the welfare of a youthful offender for him to be discharged from the custody of the school.
(2) The manager of a reformatory or certified industrial school to which a youthful offender under the age of ten years is sent, may, with the consent of the Governor, board the offender out with any suitable person until he reaches the age of ten years and thereafter for such longer period, with the consent of the Governor, as the manager considers to be advisable in the interests of the offender, subject to the exercise by the manager of such powers as to supervision, recall and otherwise as may be prescribed by rules made by the Governor in Council; and where an offender is so boarded out he shall nevertheless be deemed for the purposes of this Ordinance to be a youthful offender detained in the reforma- tory or certified industrial school, and the provisions of this Ordinance shall apply accordingly, subject to such necessary adaptions as may be made by order of the Governor in Council.
of offender.
20.--(1) The Governor may at any time discharge a Discharge youthful offender from the custody of any reformatory or certified industrial school, or order such youthful offender to be removed from one school to another or from a school of one class to a school of another class, but so that the period of detention originally prescribed by the order of detention shall not be increased by such removal.
(2) The discharge of a youthful offender under the fore- going sub-section may be on licence and the licence may be in such form and may contain such conditions as the Governor may direct and the Governor may at any time revoke or vary the conditions of a licence.
(3) Where a licence has been revoked the youthful offen- der to whom the licence related shall return to such place as the Governor may direct, and if he fails so to do may be apprehended without warrant and taken to that place.
(4) On the revocation of a licence, any obligation to contribute to the expenses of the youthful offender shall revive and be in force during the period for which the youthful offender is detained.
(5) The discharge of a youthful offender under the pro- visions of this section shall not affect any order placing him under the supervision of a probation officer.
43