38
8. With reference to powers of punishment, the draft makes provision corresponding to made by and under the Imperial Acts and in that respect is intended to carry out the directi contained in par. 5 of the Secretary of State's despatch 95 of December 28th, 1880.
9. In a few cases where the regulations contained in the Schedule of the Imperial Act 1 provided for the performance of certain duties connected with the administration of the prison Visiting Justices, the regulations in the Schedule to the draft Ordinance assign those duties to Superintendent.
10. The draft provides for two classes of hard labour in the same terms as the Imperial
and rules.
There are no rules specially applicable either to the labour or discipline of penal servi prisoners as distinguished from those under sentences of imprisonment with hard labour.
11. I have not prepared any rules to be made by the Governor in Council under Section this Ordinance.
C.S.O. No. 4247 of 1882.]
THE BILL ENTITLED THE PRISON ORDINANCE, 188 E
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Memorandum of the Honourable the Attorney General, dated the 18th December, 1882.
The Secretary of State's despatch No. 221 of October 6th, 1882, makes it necessary to modify the draft regulations in the Schedule of the draft Ordinance in one or two respects.
These draft regulations, as they stand, were prepared to carry out the directions contained in previous despatches (see my report accompanying the draft Ordinance.)
In paragraph 11 of the despatch of October 6th, 1882, certain suggestions made by Mr. TONNOCHY on the subject of detaining prisoners after the expiration of their term of imprisonment are referred to and approved of and the legislation necessary to give effect to them is authorized.
The provision for the purpose would probably be conveniently made by a clause or clauses in
But it may be found desirable to regulate in that way certain matters of detail not provided this draft Ordinance, but I have not a copy of Mr. TONNOCHY's despatch or suggestion from which to by the Ordinance and Schedule.
prepare such a clause or clauses.
The material for such rules will probably be some of the existing Gaol rules and some of rules made by the Secretary of State under the Prisons Act 1877.
From these materials the Superintendent of the Victoria Gaol would perhaps be able to dmu in the first instance any rules he thinks necessary.
Such rules must not provide for anything in such a way as to conflict with the Ordiname with the rules in the Schedule which have the force of an Ordinance.
In the 12th paragraph of the despatch it is directed that the powers of corporal punishment granted to the Superintendent in conjunction with a Justice of the Peace by Section 12 of Ordinance 4 of 1863 shall be retained.
I had provided in the draft Ordinance for the repeal of Ordinance 4 of 1863, but the necessary provision for the retention of this power can be made by re-enacting Section 12 of Ordinance 4 of 1863 as a regulation to be inserted after regulations 47 and 48 in the Schedule to the present draft Ordinance.
These regulations 47 and 48 were intended, as they stand, to give effect to the directions contained,
Possibly some of the rules in the Schedule may be found unworkable in the present state of in paragraph 5 of the Secretary of States despatch 95 of December 28th, 1880, and correspond to Gaol. When the particular points in which this is so are pointed out by the Superintendent rules 57 and 58 in the Schedule to the Prison Act 1865. I have some doubts as to whether it is Victoria Gaol, it will be a question in each whether the Ordinance shall be altered to suit the ex intended that the retention of the powers given by Section 12 of Ordinance 4 of 1863 should be in state of things or the existing state of things shall be changed so as to come up to the require addition to or substitution for such a regulation as regulation 48 in the Schedule to the draft Ordin-
of the Ordinance.
October 7th, 1882.
ance.
EDWARD L. O'MALLEY
I have put it in the margin of the draft as regulation 48, a.
Paragraph 13 of the despatch of October 6th, 1882, says corporal punishment should be reserved for the most serious prison offences.
This can be provided for by a further modification of rule 48 and 48, a. in such words as I have noted in the margin of the draft.
I pointed out in my memorandum accompanying the draft Ordinance that the regulations in the draft Ordinance would require a good deal of consideration and alteration to suit them to local cir- cumstances, and probably they will now require it still more, in order that they may be made to give effect to the further directions as to penal discipline contained in the despatch of October 6th, 1882.
December 18th, 1882.
EDWARD L. O'Malley.
No comments yet.
Private notes are available after approval.