VICTORIA.

ANNO SEPTIMO

EDWARDI SEPTIMI REGIS.

No. 2106.

An Act to provide for Indeterminate Sentences and for the Detention and Control of Habitual and other Criminals.

[3rd December, 1907.]

BE it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the

Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1. This Act may be cited as the Indeterminate Sentences Act 1907, short title and and shall come into operation on the first day of July One thousand commencement/ nine hundred and eight.

2 . The Acts mentioned in the First Schedule to this Act to the Repeals and extent to which they are in and by the said Schedule expressed to be ^\$$T**' repealed or amended are hereby repealed or amended accordingly. No. 2058.

r . / i o j K r 8 t S c h e ( i u ] 0 - #

3. In this Act, unless inconsistent with the context or subject- Interpretation!

matter—

" Prescribed " means prescribed by this Act or by regulations "Prescribed." thereunder.

"Regulations" means regulations made by the Governor in "Regulations." Council under this Act. T~ -1j --- •

[is.] in Indeterminate

15511,

2 7 Emv. VII.] Indeterminate Sentences. [No. 210G.

Indeterminate Sentences. indeterminate 4 . (1) From time to time when any person apparently of the age liabitual criminal, of seventeen years or upwards is convicted of any indictable offence

and has been previously convicted on at least two occasions of any indictable offence or offences the judge of the Supreme Court or the chairman of the Court of General Sessions of the Peace before which such person is convicted may declare that he is an habitual criminal and direct as part of his sentence that on the expiration of the term of imprisonment then imposed upon him he be detained during the Governor's pleasure in a reformatory prison.

Additional evidence. (•>) Before passing any such sentence the judge or chairman may if he thinks fit hear evidence to enable him to determine whether or not any person so convicted should be declared an habitual criminal.

indeterminate 5- (1) Where any person apparently of the age of seventeen years p soiTconvictedof o r upwards is convicted of any indictable offence (whether such indictable offence, person has been previously convicted of any offence or not) the judge

of the Supreme Court or the chairman of the Court of General Sessions of the Peace before which such person is convicted may if he thinks fit, having regard to the antecedents character associates age health or mental condition of the person convicted, the nature of the offence, or any special circumstances of the case

(a) direct as part of his sentence that on the expiration of the term of imprisonment then imposed upon him he be detained during the Governor's pleasure in a reformatory prison; or

(b) without imposing any term of imprisonment upon him sentence him to be forthwith committed to a reformatory prison and to be there detained during the Governor's pleasure.

Additional evidence. (2) Before passing any such sentence the judge or chairman may if he thinks fit hear evidence to enable him to determine whether such person should or should not be so detained.

power of court of 6 . ( l ) Where anv person apparently of the age of seventeen years petty sessions to i ./ A A A O J order persons o r U p w a i ' C l S — convicted of certain (a) is convicted by a court of pettv sessions consisting of two or offences to be ' • , . r i • v • , , brought before more justices one of whom is a police magistrate of any judge of Supreme offence under Part III. of the Police Offences Act 1890 Court or chairman i l 1 A i i . 1 I

of General Sessions as amended by any Act, and sentenced to a term of to be dealt with imprisonment of not less than three months, and under this Act. / / \ i i i • i i '

(b) has been previously convicted on at least two occasions of any offence or offences under Part III. of the said Act or of any offence or offences included in the offences or

Second Schedule. classes of offences mentioned in the Second Schedule to this Act (whether of the same description of offence or not)

such court of petty sessions may by order in the prescribed form direct that such person shall before the completion of such

term 126

7 EDW. VII.] Indeterminate Sentences. [No. 2i0(>.

term of imprisonment be brought up at some sittings of the Supreme Court for the hearing of criminal trials or of the Court of G-eneral Sessions of the Peace to be named in such order in the place nearest or most convenient (having regard to time) to the place where such court of petty sessions is then held or to the gaol to which such person is committed or to which he may in due course be removed (whether within the same bailiwick or not) before the judge of the Supreme Court or the chairman of the Court of General Sessions of the Peace (as the case may be) to be dealt with under this Act.

(2) (a) Such person shall hy virtue of such order and without any writ of habeas corpus or other writ be brought up before the judge or chairman (as the case may be) accordingly.

(b) Every person brought up under any such order shall be deemed to be in the legal custody of the police constable gaoler or officer having the temporary charge of such person and acting under such order who shall in due course return such person into the custody from which he was so brought up.

(3) The judge of the Supreme Court or the chairman of the Court Power of judge of General Sessions of the Peace before whom such person is brought «r chairman to up to be dealt with under this Act— ndnates nte ce.

(a) upon proof of the conviction and sentence by the court of petty sessions and of such previous convictions, and

(b) after hen ring such other evidence (if any) as he thinks desirable may by order direct that on the expiration of the term of imprisonment imposed by the court of petty sessions such person he detained during the Governor's pleasure in a reformatory prison.

(4) No authority other than such order shall be necessary to warrant the detention of any such person in a reformatory prison.

(5) (a) The Supreme Court or any three of the chairmen of Ruies and orders General Sessions respectively (as the case may require) by Supreme Court

A »> \ J i I of chairmen ot

may make any rules and orders which such Court or General Sessions. chairmen may consider necessary for carrying the purposes of this section into effect and for regulating the times, form and mode of procedure, and generally the practice to be observed in the matters to which this section relates.

{b) In the case of such rules and orders by the Supreme Court, the same shall be made pursuant to the Supreme Court Acts.

(c) In the case of such rules and orders by the chairmen of General Sessions, the same shall be made in like manner as rules and orders may be made under section one hundred and forty-eight of the County Court Act 1890, No. 1078 s. 148. and the provisions of such section shall mutatis mutandis and so far as they are applicable apply to rules and orders made by chairmen of General Sessions hereunder.

Previous 127

7 EDW. VII.] Indeterminate, Senle7ices. [No. 2106.

Previous convictions.

Determination of age.

Sec No. 1079 s. 367.

Power to transfer persons from gaol to reformatory prison.

Comp. No. 1079 s. 333.

Tower to transfer such persons back to gaol.

Comp. No. 1079 s. 334.

Previous Convictions; Determination of Age.

7 • The provisions of this Act with regard to previous convictions shall apply whether such previous convictions took place in Victoria for any offence relevant to the case or for any offence included in any of the classes of offences relevant to the case or elsewhere than in Victoria for any like offences and whether before or after the commencement of this Act.

8 . Where for the purposes of this Act it is necessary for any judge or chairman or for any court of petty sessions to determine the age of any person such judge or chairman or court shall determine such age as he or it may be best able having regard to the evidence or if there is no other sufficient evidence to the appearance of such person.

Transfer from Gaol to Reformatory Prison.

9 . (1) Where at or after the commencement of this Act any person apparently of the age of eighteen years or upwards and not being a person sentenced under the provisions of this Act is confined in any gaol under sentence of imprisonment it shall be the duty of the Inspector-General of Penal Establishments to consult with the Indeter­minate Sentences .Hoard appointed as hereinafter provided as to whether it is desirable that such person should be transferred to a reformatory prison.

(2) If the Inspector-General and the Board concur that such person should be so transferred the Board may report to that effect to the Minister accompanying the report with a full record of such person and a statement in writing of the reasons for so reporting.

(3) The Minister shall lay such report record and statement before the Governor in Council who may if it seems fit upon considera­tion thereof direct by Order in Council that such person be transferred to a reformatory prison ; and unless such person is transferred back to gaol under the provisions of this Act such Order shall operate as a remission of the residue of his sentence of imprisonment.

1 0 . (1) Where the behaviour of any person so transferred from a gaol to a reformatory prison is in the opinion of the Indeterminate Sentences Board such as to be injurious to the discipline of the reformatory prison or to the persons detained therein the Board may report to the Minister to that effect.

(2) The Minister shall lay such report before the Governor in Council who may if it seems fit upon consideration thereof direct by Order in Council that such person be transferred back to such gaol.

(3) Thereupon such person shall be removed to such gaol and shall pursuant to the original authority under which he was imprisoned serve the unexpired residue of his sentence ; and the time spent in the reformatory prison shall not be reckoned as part thereof.

1 1 . Where 128

7 Enw. VI I . ] Indeter min ate Sen ten ces. [No. 2106.

1 1 . Where any such Order in Council is made directing that any Kffect of Order in person be transferred from a o;aol to a reformatory prison or from a Council as to reformatory prison to a gaol no authority other than such Order in detention. Council or a copy thereof purporting to he signed and certified as a t rue copy by the officer to whose custody the original is entrusted shall be necessary to warrant such transfer or the detention of such person.

1 2 . No person transferred from a gaol to a reformatory prison Limitation of time under the provisions of this Act shall be detained in such refonna- for lletentionof

. '., , - 1 , 1 , , . 1 . T / , . persona transferred

tory prison tor any longer period than the unexpired residue of Ins from gaol to S e n t e n c e ' ' reformatory prison.

Limitation of Operation of certain provisions of this Act.

1 3 . Notwithstanding any thins: contained in this Act the indeterminate sen-provisions of this Act with respect to sentencing persons to he tence not to apply ' . . p . *- . o r to certain offencei.

detained in a reformatory prison or with respect to the transfer of persons from a gaol to a reformatory prison shall not apply to persons convicted of any offence punishable by death or by imprisonment for life.

Reformatory Prisons. 1 4 . (1 ) The Governor in Council bv Order published in the Power to set apart

Government Gazette may— " x^Z!°vy

(a) Set apart any prison or other suitable place to he a reformatory prison under this Act, or

(/>) Set apart any reformatory prison or any part thereof for the detention of habitual criminals or persons of any prescribed class.

(2) Every reformatory prison shall subject to this Act be Application of Gaol* deemed to be a gaol within the meaning of the Gaols Act 1890. ' Acl 189()-

Persons detained in Reformatory Prisons.

1 5 . Subiect to the provisions of this Act every person detained in Detention of persona "T *' • i n i i , • i i • ,i r\ » m reformatory

a reformatory prison shall he so detained during the Uovcrnors prisons. pleasure.

1 6 - (1) Every person detained in a reformatory prison shall Persons detained to subject to the regulations work at some trade or vocation or be ^0|.'i

c5ulied to

employed in some labour.

(2) The products of his work shall be sold or otherwise disposed Products of work. of.

129 (3) Of

6 7 E D W . VII.] Indeterminate Sentences. [No. 2106.

Disposal of net (3) Of the net proceeds arising from the sale or disposal of the wages! San ° products of Lis work such portion as may be prescribed shall be

credited to him ; or such portion as may be prescribed of the wages earned by him according to the scale prescribed for the class of lahour in which he is employed shall be credited to him.

(4) The maimer of dealing with the remainder of such net pro­ceeds or wages shall be as prescribed ; and such amounts thereof as may be prescribed shall in the discretion of the Indeterminate Sentences Board be applied from time to time towards the maintenance during the period of his detention of his wife and family (if any) or of any person dependent upon him.

Account to be kept. (5) An account of the same shall be kept in each reformatory Balance to be prison and any sum standing to his credit on his release on probation handed over. r .. . , . J , . ° r

shall be handed over to him.

Release from Reformatory Prison on Probation.

Conditions for re- 1 7 . When the Governor in Council after consideration of the lease on probation, recommendation of the Indeterminate Sentences Board determines that

any person detained in a reformatory prison has sufficiently reformed or that there is some other good and sufficient reason for his release the Governor in Council may by Order direct the release of such person on probation in the case of any person who has been transferred from a gaol to a reformatory prison for a period not exceeding the then unexpired portion of his sentence and in any other case for a period of two years and every such person shall be so released accordingly.

Person released on 1 8 . Every person so released while he remains within Victoria to°poHcent° repar t s n a ^ unless otherwise prescribed once at least in every three months

during the said period of probation personally report his address and occupation at the office of the member of the police force in charge of the police station at the place in which he was convicted or at such other place as may be prescribed.

Provisions on per- 1 9 . Where it appears to a justice by information on oath that any t^re^To? l*so"g P e r s o n >s0 released has at any time during the period of probation—

thieves &cth ( a ) failed to report his address and occupation at the times and

in the manner required by or under this Act ; or (b) been associating with reputed thieves or reputed cheats

or other reputed criminals,

NOT. 1126 1241 such justice may issue a summons under his hand requiring such person to attend before a court of petty sessions to be dealt with accord­ing to law or may issue a warrant under his hand to apprehend such offender and bring him before a court of petty sessions to bedealt with according to law. The provisions of section twentv-

No. 1105 •. 23. three of the Justices Act 1890 shall apply to every such summons/ If

130

EDW. VII.] Indeterminate Sentences. [No. 2106.

If during the period of probation a person so released— Conditions under . l

< which person re-(a) is proved to any such court of petty sessions to have failed leased on probation

(without some excuse which such court deems reason- Sed! reC°m

able) to report his address and occupation at the times and in the manner required by or under this Act, or to have been so associating with reputed thieves or reputed cheats or other reputed criminals ; or

(A) is convicted 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 court of petty sessions before which such proof is given or the judge of the Supreme Court, or the chair­man of the Court of General Sessions of the Peace or the court of petty sessions before which he is so convicted may direct that such person on the completion of the term of imprisonment (if any) then imposed upon him be recommitted to a reformatory prison during the Governor's pleasure ; and he shall be so recommitted and detained accordingly ; and any warrant necessary for his recommittal or detention may be issued accordingly.

2 0 . If during the period of probation none of the events afore- otherwise deemed%

said happens the person so released shall be deemed to have suffered in oJi^lse^te^11" full the imprisonment and detention or the detention (as the case may be) to which he was sentenced.

Officers and Employes.

2 1 . Subject to the provisions of the Public Service Acts the Appointment of Governor in Council may appoint for each reformatory prison for males officers-a superintendent, and for females a matron, and such officers attendants and employes as may be necessary and may remove any person so appointed.

Indeterminate Sentences Board. 2 2 - (1) For the purposes of this Act there shall be constituted indeterminate

a Board to be called the Indeterminate Sentences Board. (2) The Board shall consist of three members who shall be ap- Constitution.

pointed by the Governor in Council. (3) Any two members shall form a quorum ; but the three mem- Quorum.

bers of the Board shall be present when any resolution is carried recommending the release on probation of any person detained in a refor­matory prison or the transfer of any person from a gaol to a reforma­tory prison, or from a reformatory prison to a gaol.

(4) The Governor in Council may at any time remove any Removal, members of the Board and fill up any vacancy however occurring in the office of any member of the Board and appoint a person to act

temporarily 131

8 7 EDW. VII.] Indeterminate Sentences. [No. 2106.

Duties of Board.

General powers and duties.

Power to suspend execution of sentence for first offender.

Comp. No. 1079 a. 353.

Comp. 7 Edw. 7 c. 17 a. 1 (2).

temporarily as a member of the Board during the absence of any mem­ber through illness or any cause Avhich in the opinion of the Governor in Council renders such temporary appointment necessary.

(5) I t shall be the duty of the Board— (a) to make careful inquiry as to whether any persons detained

in any reformatory prison are sufficiently reformed to be released on probation or whether there are any good and sufficient reasons for the release on probation of any persons so detained ;

(/>) to consult with the Inspector-General of Penal Establish­ments and to make careful inquiry as to whether pur­suant to this Act any person should be transferred from a gaol to a reformatory prison ;

(c) to make recommendations to the Governor in Council as to the release on probation of any person detained in a reformatory prison or with the concurrence of the Inspector-General of Penal Establishments as to any such transfer setting forth in each case the reasons for the recommendation ;

(d) in making any recommendation as to such release to have regard to the safety of the public or of any individual or class of persons and the welfare of the person whom it is proposed to release ;

# (e) to report to the Governor in Council as to any matters on which the Governor in Council may desire a report with regard to any such release on probation or the transfer of any person from gaol to a reformatory prison or from a reformatory prison to gaol.

(6) On or before the thirtieth day of September in each year to report to the Minister as to—

(a) the operations of the Board up to the preceding thirtieth dav of June,

(/>) the number of persons detained transferred released on probation or recommitted during the period covered bv the report, and

(c) generally as to the operation and effect of this Act and the regulations.

(7) The Board shall execute all such other powers and duties as may be conferred on it by any Act or by the Governor in Council.

Release of First Offenders on Recognisances.

2 3 . (1) Where any person not having been previously convicted of any offence (whether an indictable offence or an offence punishable upon summary conviction) for which he was sentenced or adjudged to he imprisoned not in default of payment of a fine merelv is con­victed of an indictable offence or of an offence punishable upon

summary 132

7 EDW. VII.] Indeterminate Sentences. [No. 21 OH. 9

summary conviction and is sentenced or adjudged to he imprisoned for a term not exceeding three years the judge of the Supreme Court or the chairman of the Court of General Sessions of the Peace before which or the court of petty sessions before which the offender is so convicted, having regard to—

(a) the antecedents, character, associates, age, health or mental condition of the offender,

(&) the trivial nature of the offence, or (c) any extenuating circumstances under which in the opinion

of the judge or chairman or of the court of petty sessions the offence was committed,

may if he or it thinks it expedient suspend the execution of the sentence upon the offender entering into a recognisance as hereinafter mentioned.

(2) The judge or chairman or the court of petty sessions may if he Additional evident, or it thinks fit hear evidence to enable him or it to determine whether or not he or it should exercise the powers conferred by this section*

2 4 , It shall be lawful for the Governor in all cases in which he Power to the is authorized on behalf of His Majesty to extend mercy to any offender meroy j veniJ?* under sentence of imprisonment pronounced when such offender was offenders on their under the ao;e of twenty-five years not beine an offender who has been rec°gni8ances-

• • See No 1079 s 3f>4

at any time previously released from custody on entering into recog­nisances under this Act or under the corresponding provisions of any enactment hereby repealed to extend mercy on condition of such offender entering into a recognisance as hereinafter mentioned.

2 5 . Every such recognisance— (a) shall be in such amount and without sureties or with one Recognisance,

or more sureties as the judge or chairman or the court of Comp. No. 1079 petty sessions or the Governor (as the case may be) may s' 355#

direct; (/>) shall be conditioned that the offender be of good behaviour

for a period to be fixed by the judge chairman or court of petty sessions or by the Governor (as the case may be) not being less than twelve months from the date thereof or such longer period as may be equal to the term of the sentence, or in case of an offender to wrhom the Governor may extend mercy the term of the sentence then unexpired;

(e) may if the judge or chairman or the court of petty sessions Comp. 7 Edw. 7 or the Governor (as the case may be) thinks fit contain c-17 s 2 (2)* additional conditions with respect to all or any of the following matters :—

(i.) the supervision of the offender by a probation officer during the period specified in the recognisance and such other conditions for securing such supervision as may be specified therein ;

(ii.) for 133

10 .7 EDW. VII.] Indeterminate Sentences. [No. 2106.

Probation officers. Comp. 7 Edw. 7 c. 17 s. 3.

Duties of probation officers.

Comp. 7 Edw. 7 c. 17 s. 4.

(ii.) for prohibiting the offender from associating with thieves and other undesirable persons or from frequenting undesirable places ;

(iii.) as to the abstention of the offender from intoxi­cating liquor, where the offence was an offence under section twenty-five of the Police 0fences Act 1890 or section one hundred and fifty-three of the Licensing Act 1890 or an offence committed under the influence of liquor;

(iv.) generally for securing that the offender shall lead an honest and industrious life.

Release of offender. 2 6 . Where such recognisance is entered into the offender shall be No. 1079 ». 356. released from custody but shall be liable to be committed to prison to

undergo his sentence or the residue thereof under the circumstances hereinafter mentioned.

2 7 . The Governor in Council may appoint fit persons to be proba­tion officers for the purposes of this Act, and may remove any person so appointed.

2 8 . It shall be the duty of every such probation officer, subject to the regulations—

(a) to visitor receive reports from any person under the super­vision of such probation officer at such reasonable intervals as may be prescribed ;

(b) to see that such person observes the conditions of his recognisance ;

(r?) to advise assist and befriend such person and when necessary to endeavour to find him suitable employment.

2 9 . (1) Where it appears to a justice by information on oath that any such offender has failed to observe any of the conditions of his recognisance such justice may issue a summons under his hand requiring such offender to attend before a court of petty sessions to be dealt with according to law or may issue a warrant under his hand to apprehend such offender and bring him before a court of petty sessions to be dealt with according to law. The provisions of section twenty-three of the Justices Act 1890 shall apply to every such summons.

(2) The court of petty sessions before which such offender is so summoned or brought may upon being satisfied by evidence that such offender has failed to observe any of the conditions of his recognisance adjudge him to be guilty of misbehaviour for which such recognisance shall be forfeited and may direct that he be committed to prison to undergo the sentence execution of which was suspended ; and any justice sitting in such court may sign any warrant that may be necessary for the purpose ; and thereupon such sentence or the residue thereof (as

the 134

Provisions in case of offender failing to observe conditions of release.

Comp. No. 1079 s. 357.

Comp. 7 Edw. 7 c. 17 s. 6.

No. 1105 s. 23.

7 EDW. VII.] Indeterminate Sentences. [No . 2106. 11

the case may be) shall begin to run as from the day on which the offender was so committed to prison if he is then before the court, and if not, then from the date of his subsequent arres t .

3 0 . If any such offender has not during the period limited by Discharge from his recognisance or within three months from the expiration thereof 8entenC8-been so adjudged guilty of misbehaviour in respect of any failure during such period to observe any of the conditions of his recognisance he shall ijyso facto be discharged from the sentence.

3 1 . T h e provisions of this Ac t with regard to the release of first Provisions of No. offenders on recognisance shall be in aid of and not in derogation of sow with respect

% ,i ni-ii > ry , A . -i ™ , . • i " to children under any provisions of the Children s Court Act 1906 with respect to seventeen years of children within the meaning of t ha t Act. age not affeoted.

n No. 2058 s. 2.

Regulations. 3 2 . (1) The Governor in Council may make regulations not in- Power of Governor

consistent with this Act— in Cou"cil t0 »»»*• regulations.

(a) for the conduct management control inspection and super­vision of reformatory prisons set apart for habitual criminals and for other reformatory prisons ;

(b) for the good order discipline employment and health of persons detained therein;

(c) prescribing the trades vocations or classes of work at which persons detained in reformatory prisons are to be employed;

(d) prescribing the mode of sale and disposal of the products of the work of persons so detained ;

(e) prescribing the disposal of the proceeds of such sale ; (f) prescribing scales of wages for the several classes of

labour in which persons detained in reformatory prisons may be employed ; and the disposal of such wages ;

(g) empowering a visiting justice for any breach of prison discipline by any person detained in a reformatory prison to impose a fine not ex­ceeding Twenty shillings upon such person to be deducted from any sum at any time standing to the credit of such person in the account kept in the reformatory prison, in addition to or substitution for any other punishment which a visiting justice is empowered to inflict under the Gaols Act 1890 ; No. 1096.

(//,) prescribing what classes of persons may be detained in reformatory prisons set apart for habitual criminals or in any other classes of reformatory prisons ;

(z) prescribing such mat te rs incidental to the appointment resignation and removal of members of the Indeterminate Sentences Board and to the performance of the duties of the Board and the regulation of i ts proceedings as may be necessarv or convenient ; (j) prescribing

135

J2 7 EDW. VIL] Indeterminate Sentences. [No. 2106.

(J) prescribing such matters incidental to the appointment resignation and removal of probation officers, and the performance of their duties and reports to be made by them as may be necessary or convenient ;

(k) prescribing forms to be used under this Act; and (/) prescribing all matters necessary or convenient to be pre­

scribed for carrying out or giving effect to the provi­sions of this Act.

(2) All such regulations when made by the Governor in Council shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same shall have been made if Parliament be then sitting and if not then within ten days after the next meeting of Parliament, and a copy of any proposed regulations shall be posted to each Member of Parliament at least twenty-one days before such regulations arc approved by the Governor in Council.

Saving.

Royal prerogative of 3 3 . Nothing in this Act shall in any manner affect His Majesty's mercy- royal prerogative of mercy.

SCHEDULES. 136

I

1 EDW. VII.] Indeterminate Sentenced. [No. 2106.

SCHEDULES.

F I R S T SCHEDULE. Section 2.

Number of Act.

No. 1079 ...

No. 2058 ...

Name of Act.

Crimes Act 1890

Children's Court Act 1906

Extent of Kepeal or Amendment.

Sections three hundred and fifty-three to three hundred and fiftv-seven, both inclusive, are hereby repealed.

In section twenty-four, for the words " the Crimes Act 1 890 Part I I . Division 2 (7)" there shall be substituted the words " the Indeterminate Sentences Act 1907 " ; and the words "under twenty-one years" wherever occurring are hereby repealed.

In section twenty-six, for the words " the Crimes Act 1890 Part I I . Division 2, subdivision 7 " there shall be substituted the words " the Indeterminate Sentences Act 1907."

In section twenty-seven, for the words " the Crimes Act 1890 Part II . Division 2, subdivision 7 " there shall be substituted Ihe words " the Indeterminate Sentences Act 1907."

SECOND SCHEDULE.

OFFENCES UNDER THE CRIMES A C T S .

Section 6.

Wounding or inflicting grievous bodily harm

Poisoning

Sexual offences

Abortion Robbery ... .». Extortion Burglary, housebreaking, &c. Larceny

Embezzlement

False pretences Arson Forgery Coinage offences

Crimes Act 1890, ss. 15 to 19 (inclusive). Crimes Act 1891, ss. 4 and 13. Crimes Act 1890, ss. 20 and 21.

( Crimes Act 1890, ss. 42 to 46 (inclusive). Crimes Act 1891, ss. 5 to 12 (inclusive) and ss.

14 to 18 (inclusive). Crimes Act 1890, ss. 55 and 56. Crimes Act 1890, ss. 109 to 112 (inclusive). Crimes Act 1890, ss. 113 to 117 (inclusive). Crimes Act 1890, ss. 119 to 128 (inclusive). Crimes Act 1890, ss. 65 to 71 (inclusive) and ss.

130 ami 131. Crimes Act 1890, ss. 139 to 143 (inclusive) and ss.

146 to 150 (inclusive). Crimes Act 1890, ss. 165 to 169 (inclusive). Crimes Act 1890, ss. 170 to 177 (inclusive). Crimes Act 1890, ss. 226 to 266 (inclusive). Crimes Act 1890, ss. 267 to 291 (inclusive).

MELBOURNE:

By Authority : J . KEMP, Acting Government Printer.

137