XN000022-1973-05-23 — Page 10

Wednesday, May 23, 1973

These selected magistrates would have the power to impose a maximum sentence of four years instead of the present two years. For consecutive

sentences the maximum would be five years instead of the present three years,

Mr. Hobley said the Chief Justice had applied for the appointment

of additional superscale posts of principal magistrates to ensure that the wider powers of sentencing were only exercised by magistrates of considerable

experience.

On the Criminal Procedure (Amendment) Bill 1973, which seeks to

introduce a system of preventive detention for habitual criminals, Mr. Hobley

said that this system would only be used against "hardened criminals who were

a positive menace to society."

Before this bill could come into force, he said, special arrangements

would have to be made for the reception of offenders of this kind.

Since they would not be punished for any particular offence, they

would need to be provided with more recreational facilities, better accommodation

and food, and less discipline than the ordinary prisoner.

Under the bill, a sentence of preventive detention would be for a

term of not less than five years and not more than 14 years.

However, a sentence of preventive detention might only be passed on

the application of the Attorney General and if certain prescribed conditions

are met.

In moving the second reading of the Public Order (Amendment) Bill 1973,

which tightens the provisions for the mandatory sentence for possession of offensive

weapons in a public place, Mr. Hobley said the proposed changes would provide a

wider range of penalties for use by the courts in accordance with the circumstances

of the individual case "while at the same time maintaining the principle that

severe punishment is unavoidable for any person found guilty of this particular

offence."

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