Prisons Act 1835
| Jurisdiction | UK Non-devolved |
(5 & 6 Will. 4) C A P. XXXVIII.
[25th August 1835]
'WHEREAS by the Laws now in force Rules and Regulations made for the Government of certain Prisons, and for the Duties to be performed by the Officers of the same, are inLondon and Middlesex required to be submitted to the Two Chief Justices, and elsewhere to certain other Justices, for Approval, and to be approved of by them before they can be enforced:' Be it enacted by the King'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, That no such Rules and Regulations made after the passing of this Act shall be required to be submitted for Approval, or to be approved of, otherwise than is herein-after mentioned.
II Manner in which such Rules are to be made and approved.
II. And be it enacted, That all Rules and Regulations which shall be made after the passing of this Act by the Court of Mayor and Aldermen of the City ofLondon , Justices of the Peace, or other Persons whatsoever, which they are now by Law authorized to make for the Government of any Prisons in England and Wales , or for the Duties to be performed by the Officers of such Prisons, shall be submitted to One of His Majesty's Principal Secretaries of State, and it shall be lawful for such Secretary of State, if he thinks fit, to alter such Rules and Regulations, or to make additional Rules and Regulations thereto, and to subscribe a Certificate or Declaration that such Rules and Regulations as submitted to him, or altered or added to, are proper to be enforced; and when such Secretary of State shall have subscribed such Certificate or Declaration, such Rules and Regulations, Alterations and Additions, shall be binding upon the Sheriff and all other Persons, without any other Sanction or Approval: Provided also, that no Rule or Regulation, save as herein-after is mentioned, which, after the passing of this Act, shall be made for any Prison withinEngland and Wales , or for the Duties to be performed by the Officers of such Prison, shall be enforced until a Certificate or Declaration shall have been duly subscribed by One of His Majesty's Principal Secretaries of State in manner aforesaid.
III Justices of Peace empowered to commit Offenders to any House of Correction near the Place where the Assizes are to be holden at which they are to be tried.
III. 'Whereas great Inconvenience and Expence have been found to result from the Practice of committing to the Common Gaol of the County Persons charged with the Offences intended to be tried at the Assizes or Sessions holden for such County where such Assizes or Sessions are holden at Places distant from such Common Gaol, and it is expedient that the Law should be altered and amended;' for Remedy thereof, be it enacted, That from and after the passing of this Act it shall be lawful for any Justice of the Peace or Coroner, acting within their several Jurisdictions inEngland and Wales , to commit for safe Custody to any House of Correction, situate near to the Place where such Assizes and Sessions are intended to be holden, any Person or Persons charged before them with any Offence triable at such Assizes or Sessions; and that whenever any such Persons shall be committed to any such House of Correction for Trial at such Assizes or Sessions, the Keeper of such House of Correction shall deliver to the Judges of Assize or Justices at Sessions a Calendar of all Prisoners in his Custody for Trial at such Assizes or Sessions respectively, in the same Way that the Sheriff of the County would be by Law required to do if such Prisoners had been committed to the Common Gaol of the County.
IV How Persons convicted of Offences for which they are liable to Death, &c. shall be disposed of.
IV. And be it further enacted, That whenever any Person shall be convicted at any Assizes or Sessions of any Offence for which he or she shall be liable either to the Punishment of Death, Transportation, or Imprisonment, it shall be lawful for the Court (if it shall so think fit) to commit such Person to any House of Correction for such County, in execution of his or her Judgment; and in case of the Commitment of any Person sentenced to Death, Execution of such Judgment shall and may be had and done by the Sheriff of the County; and in case of the Commitment of any Person either sentenced to Transportation, or pardoned for any Capital Offence on Condition of Transportation, all the Powers, Provisions, and Authorities for the Removal of Offenders sentenced...
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