Penal Servitude Act 1891
| Jurisdiction | UK Non-devolved |
| Citation | 1891 c. 69 |
Penal Servitude Act, 1891,
(54 & 55 Vict.) CHAPTER 69.
An Act to amend the Law relating to Penal Servitude and the Prevention of Crime.
[5th August 1891]
B E it 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 Parliament assembled, and by the authority of the same, as follows:
1 Amendment of law as to term of penal servitude and as to sentences of imprisonment.
(1)1.—(1.) Where under any enactment in force when this section comes into operation a court has power to award a sentence of penal servitude, the sentence may, at the discretion of the court, be for any period not less than three years, and not exceeding either five years, or any greater period authorised by the enactment.
(2) (2.) Where under any Act now in force or under any future Act a court is empowered or required to award a sentence of penal servitude, the court may in its discretion, unless such future Act otherwise provides, award imprisonment for any term not exceeding two years, with or without hard labour.
(3) (3.) Section two of the Penal Servitude Act, 1864 , is hereby repealed with respect to any sentence awarded after the date at which this section comes into operation.
2 Amendment of law as to apprehension of licensees and supervisees.
(1)2.—(1.) Any constable may take into custody without warrant any holder of a licence under the Penal Servitude Acts, or any person under the supervision of the police in pursuance of the Prevention of Crimes Act, 1871 , whom he reasonably suspects of having committed any offence, and may take him before a court of summary jurisdiction to be dealt with according to law.
(2) (2.) Any convict may be convicted before a court of summary jurisdiction of an offence against section three of the Prevention of Crimes Act, 1871 , although he was brought before the court on some other charge or not in manner provided by that section.
(3) (3.) Section six of the Penal Servitude Act, 1864 , is hereby repealed.
3 Power to grant licences in cases of unexpired terms.
(1)3.—(1.) Where an offender is, under section nine of the Penal Servitude Act, 1864, undergoing, or liable to undergo, a term of penal servitude in consequence of the forfeiture or revocation of a licence granted in pursuance of the Penal Servitude Acts, Her Majesty may grant a licence to the offender in like manner as if the forfeiture or revocation of the former licence were a sentence of penal servitude which the offender is liable to undergo.
(2) (2.) Where a person is sentenced on any conviction to a term of penal servitude, and by virtue of the same conviction his licence is forfeited, the term for which he is sentenced, together with the term which he is required further to undergo under the said section, shall, for all purposes of the Penal Servitude Acts relating to licences, be deemed to be one term of penal servitude, and those Acts shall apply as if, on conviction of the offence, the offender had been sentenced to the combined term.
(3) (3.) In section nine of the Penal Servitude Act, 1864 , the words ‘on indictment of any offence’ shall be substituted for the words ‘of any indictable offence,’ and in Schedule A. to the said Act the words ‘on indictment of some offence’ shall be substituted for the words ‘of some indictable offence.’
4 Amendment of law as to notices of residence to be given by licensees and supervisees.
(1)4.—(1.) Sections five and eight of the Prevention of Crimes Act, 1871 , and section two of the Prevention of Crimes Act, 1879 (which recites and refers to those sections), shall have effect as if the following substitutions had been made in the said sections five and eight; that is to say,
(a .) As if for the words ‘and whenever he changes his residence from one police district to another shall notify such change of residence to the chief officer of police of the police district which he is leaving, and to the chief officer of police of the police district into which he goes to reside’ occurring, in each section there had been substituted in each section the following words:
‘and whenever he is about to leave a police district he shall notify such his intention to the chief officer of police of that district, stating the place to which he is going...
To continue reading
Request your trial