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The Magistrates Fees Amendment Act —1907.

shall not apply to any Magistrate or Justice of the Peace who has not actually received any such fees, fines, and penalties, or sums of money as aforesaid, since the last return made by him.”

Amendment. Abolition of certain fees.

5. Schedule A of the said Ordinance is hereby amended by omitting therefrom the following words and figures:“Oath, affirmation, or declaration (except for naval or military pensions) each ..............

....... £0 1 0 Drawing any other document required in the discharge of magis. terial duties not enumerated above, per folio of seventy-two

0 1 0"

words ..............

Meaning of the letters “J.P."

6. The letters “ J.P." appearing after any signature in or upon any instrument, certificate, or other document shall have and shall be taken to have the same meaning and effect as though instead thereof appeared the words “ one of His Majesty's Justices of the Peace in and for the State of South Australia,” unless it shall appear from the said instrument, certificate, or other document that such signature was affixed out of the said State, or unless another meaning shall be indicated in or upon the said instrument, certificate, or other document.

In the name and on behalf of His Majesty, I hereby assent to this Bill.



Adelaide: By authority, C. E. BRISTOW, Government Printer, North Terrace.



A.D. 1907.


No. 927.

An Act to Provide for the Detention and Control of

Habitual Criminals.

[Assented to, December 12th, 1907.] DE it enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows :

PRELIMINARY. 1. This Act may be cited as the “ Habitual Criminals Amend. Short title. ment Act, 1907.”

2. “ Indictment” includes any information presented or filed as Definition provided by law for the prosecution of offences.

“Regulations ” means regulations made under this Act.

an ba


HABITUAL CRIMINALS. 3. When any person is convicted on indictment of an offence of Judge may declare one of the classes of offencez mentioned in the Schedule to this Act, a

Sobadalate this Au convicted person the following provisions of this section shall take effect

criminal. (a) Where such person is so convicted of an offence included in

classes I., II., III., or IV. of the offences mentioned in the
Schedule, and has been previously so convicted on at least
two occasions of an offence of the same class, the Judge
before whom such person is so convicted, may, in his dis-
cretion, declare as part of the sentence of such person that

he is an habitual criminal :
16) Where such person is so convicted of an offence included in
any or either of the classes V., VI., VII., or VIII.


Habitual Criminals Amendment Act.--1907.

mentioned in the Schedule to this Act, and has been previously convicted on at least three occasions of an offence mentioned or included in any or either of the said classes V., VI., VII., or VIII., such Judge may, in his discretion, declare as aforesaid that such person is an

habitual criminal. This section shall apply whether such previous convictions took place within or without South Australia, and either before or after the commencement of this Act.

Proof of previous conviction.

4. For the purposes of this Act, a previous conviction against any person may be proved by producing a record or extract of such conviction, and by giving proof of the identity of such person with the person appearing in the record or extract of conviction to have been convicted.

A record or extract of a conviction shall consist of-
(a) An extract from the indictment or the counts of the indict-

ment on which the said person was convicted :
(6) A statement of the verdict:

(c) A statement of the sentence: certified under the hand of the Clerk of the Court or other officer purporting to have the custody of the records of the Court by which such conviction was made.

Such record or extract shall be admissible in evidence without proof of the signature or official character of the person appearing to have signed the same.

The mode of proving a previous conviction authorised by this section shall be in addition to, and not in exclusion of, any other authorised mode of proving such conviction.

DETENTION OF HABITUAL CRIMINALS. Habitual criminal 5. Every habitual criminal shall, at the expiration of his sen

during tence, be detained during His Majesty's pleasure, and, subject to the pleasure.

regulations, in some place of confinement set apart by the Governor, by Proclamation in the Gazette, for that purpose.

to be detained dur

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6. Every person confined as an habitual criminal shall, subject to the regulations. be required to work at some trade or avocation, and shall be offered facilities for selling or otherwise disposing of the products of his labor.

The manner of dealing with the proceeds arising from the sale or disposal of such products shall be as prescribed :

Provided that the habitual criminal shall receive not less than one-half of such net proceeds.

Habitual Criminals Amendment Act. --- 1907.


7. If the Governor determines that an habitual criminal is Governor may direct sufficiently reformed, or for other good cause, he may, by his 5 warrant, direct his release.

Every habitual criminal so released while he remains within South Australia shall, once at least in every three months during the period of two years next after such release, report his address and occupation to the Commissioner of Police.

Such report may be made either by the habitual criminal personally, or by letter signed by him, and posted to the Commissioner of Police at Adelaide.

8. If during the period of two years specified in the last preceding Conditions under section an habitual criminal so discharged

which offender may

be recommitted. Is proved to any Court presided over by a Stipendiary

Magistrate or two Justices of the Peace to have failed
without reasonable excuse to report his address and
occupation to the Commissioner of Police at the times
and in the manner prescribed by the last preceding

section; or
(2) On being charged with an offence punishable on indictment,

or summary conviction, and on being required by the
Stipendiary Magistrate or the Justices before whom he is
charged to give his name and address, refuses to do so, or

gives a false name, or a false address; or
3) Is convicted of any one of the offences mentioned in either of

sections Nos. 62, 63, and 64 of the “ Police Act, 1869," or
of any indictable offence, or of any offence punishable on
summary conviction, for which imprisonment for a period

exceeding three months may be imposed ;
then, and in any of such cases, the Judge, Stipendiary Magistrate, or
Justices before whom such proof is given, or before whom the
habitual criminal is so charged, or convicted, may direct him, in
addition to any fine or on the completion of any term of imprison-
ment then imposed upon him, to be recommitted to the place of con-
finement, and he shall be so recommitted accordingly, and the Judge,
Stipendiary Magistrate, or Justices may grant any necessary warrant
for his recommittal.

9. If during the period of two years, specified in section 7 of this Otherwise ceases to

be an habitual Act, none of the events aforesaid happen, the offender shall cease to criminal. be an habitual criminal.


10. No female shall be allowed to enter the place of confinement Males and females to set apart for male habitual criminals, nor shall any male be allowed be ke to enter the place of confinement set apart for female habitual criminals, except in accordance with the regulations. ll. No person shall bring into the place of confinement for the Alcoholic liquor

prohibited. use of the confinees any alcoholic liquor, nor shall any confinee be prom


Habitual Criminals Amendment Act.--1907.

allowed such liquor. Any person contravening the provisions of this section shall be liable to a penalty not exceeding One Hundred Pounds:

Provided that such liquor may be given to and used by the confinees in cases of illness for medicinal purposes if the same shall be prescribed by the surgeon of such place of confinement.


· SUPPLEMENTAL. 12. The Governor may make regulationsPrescribing the mode of sale and disposal of the products of the

labor of the habitual criminals:
Prescribing the disposal of the net proceeds of such sale:
Empowering a visiting Magistrate to inflict fines not exceeding

Ten Shillings on confinees for breaches of discipline:
And all other such regulations as may be necessary for the good

order, discipline, and health of the confinees and for the

control and management of the place of confinement. All such regulations shall be laid before both Houses of Parliament within one month after the making thereof, if Parliament be then sitting, and if not, then within one month after the commencement of the next ensuing Session, and shall be published in the Gazette. On such publication the regulations shall be valid in law, but no regulations which shall be disapproved of by either House of Parliament within thirty days after such regulations have been laid before such House if Parliament be so long in Session, or which, if such Parliament be not so long in Session, shall be so disapproved of within thirty days after the commencement of the next Session of Parliament, shall continue to have any force or effect, notwithstanding any publication as aforesaid.

Place of confinement to be a prison within meaning of Prisons

13. Any place of confinement under this Act shall be a “ prison" within the meaning of the “ I'rison Act, 1869."


2Ầ2m2ņģ2?Â2Ò2Â2âÒâņēmūņģē22titiffitiņ2/2/?Â?2ti2?§Â2/2/2/2/titiâ this Bill.



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