Parkhurst Prison Act 1838
| Jurisdiction | UK Non-devolved |
| Citation | 1838 c. 82 |
| Year | 1838 |
(1 & 2 Vict.) C A P. LXXXII.
[10th August 1838]
'WHEREAS it may be of great public Advantage that a Prison be provided in which young Offenders may be detained and corrected, and may receive such Instruction and be subject to such Discipline as shall appear most conducive to their Reformation and to the Repression of Crime: And whereas the Buildings atParkhurst in the Isle of Wight , lately used as a Military Hospital and as a Medical Asylum for the Children of Soldiers, are Buildings which may be conveniently used for such a Prison;' be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That it shall be lawful for Her Majesty, by Warrant under the Royal Sign Manual, to appoint that the said Buildings atParkhurst shall be used as a Prison for the Confinement of such Offenders as are herein-after specified, as soon as the same can be fitted and completed for that Purpose; and the said Buildings shall thereupon become a Prison for the lawful Confinement of such Offenders, and shall be within the Provisions of an Act passed in the Sixth Year of the Reign of His late Majesty, intituled Englandand Wales, and for appointing Inspectors of Prisons in Great Britain.
II Officers to be appointed by the Crown.
II. And be it enacted, That it shall be lawful for One of Her Majesty's Principal Secretaries of State to appoint forParkhurst Prison a Governor, a Chaplain being a Clergyman not having any other Cure of Souls, a Surgeon, a Matron, and such other Officers, Assistants, and Servants as may be necessary for the Service and Discipline of the Prison, and at Pleasure to remove all or any of the said Governor, Chaplain, Surgeon, Matron, and other Officers, Assistants, and Servants, and to appoint others in their Room, and to fix the Salaries to be paid to each of them.
III Young Offenders under Sentence may be removed to Parkhurst Prison.
III. And be it enacted, That it shall be lawful for One of Her Majesty's Principal Secretaries of State to direct the Removal toParkhurst Prison of any young Offender, Male or Female, as well those under Sentence or Order of Transportation as those under Sentence of Imprisonment, who, having been examined by an experienced Surgeon or Apothecary, shall appear to be free from any putrid or infectious Distemper, and fit to be removed from the Gaol, Prison, or Place in which such Offender shall be confined: Provided always, that every Offender so removed, who shall be under Sentence of Transportation, shall nevertheless be within the Provisions of an Act passed in the Fifth Year of the Reign of King George the Fourth, intituled Great Britain, in case the Secretary of State shall direct that he or she shall be afterwards removed fromParkhurst Prison as herein-after provided.
IV Term of Imprisonment in Parkhurst Prison.
IV. And be it enacted, That every Offender who shall be so removed toParkhurst Prison shall continue there until he or she shall be transported according to Law, or shall become entitled to his or her Liberty, or until the Secretary of State shall direct the Removal of such Offender to the Gaol, Prison, or Place from which he or she shall have been brought, or in which he or she may be lawfully confined; and the Sheriff, Gaoler, or other Person having the Custody of any Offender whose Removal toParkhurst Prison shall be ordered in manner aforesaid shall, with all convenient Speed after the Receipt of any such Order, convey or cause to be conveyed every such Offender to Parkhurst Prison, and shall there deliver him or her to the Governor of the Prison, with a true Copy, attested by such Sheriff or Gaoler, of the Caption and Order of the Court by which such Offender was sentenced, containing the Sentence of every such Offender by virtue whereof he or she shall be in the Custody of such Sheriff or Gaoler, and also a Certificate specifying such Particulars within the Knowledge of the Sheriff or Gaoler concerning such Offender as may be from Time to Time directed by the Secretary of State; and the Governor shall give a Receipt in Writing to the Sheriff or Gaoler for his Discharge; and all reasonable Expences which the Sheriff or Gaoler shall incur in every such Removal shall be paid by the County, Riding, Division, City, Borough, Liberty, or Place for which the Court in which the Offender was convicted shall have been holden.
V As to Offenders removed from Parkhurst Prison as incorrigible.
V. And be it enacted, That it shall be lawful for the Secretary of State at any Time to order any Offender to be removed fromParkhurst Prison as incorrigible, and in every such Case the Offender so removed shall be liable to be transported or confined, under his or her original Sentence or Sentences of Transportation or Imprisonment, to the full Extent of the Term or Terms...
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