Prison Regulations




APRIL 26.]
THE NEW ZEALAND GAZETTE. 513

shillings calculated at the rate of one shilling and sixpence per
month for twelve months, to be earned by marks in this class.
To have two periods of exercise on Sundays.

First Class.

  1. Prisoners in the first class will wear the prison dress with
    red facings. They will be allowed to receive a visit of thirty
    minutes' duration, and to write and receive a letter once in two
    months, provided conduct has been good for one month previous.
    To receive a gratuity of thirty shillings, being at the rate of
    two shillings and sixpence per month for twelve months, to be
    earned by marks, until they have earned three pounds alto-
    gether. To be allowed three periods of exercise on Sundays.
    No prisoner to be promoted to the first class unless he can read
    and write, or has done his best to learn to do so.

Special Class. — (A Reward for Industry and Good Conduct.)

  1. Prisoners under sentences of five years or shorter terms of
    penal servitude may obtain the advantages of the special class
    on release, providing their conduct has been exemplary whilst
    in the first class.

No other prisoner is to be promoted to the special class till
he is within twelve months of becoming due for release, and
having passed through the first class with exemplary conduct.
Prisoners in the special class will wear a blue dress.
They will be allowed to be recommended for an extra
remission not exceeding one month; to be recommended for an
extra gratuity on discharge not exceeding two pounds; to
receive a visit of thirty minutes, and to receive and write a
letter once a month; to have baked instead of boiled meat twice
a week, or dinner prepared in such other way as the circum-
stances will admit.

NOTE.—One punishment for misconduct in special class
forfeits the privileges of this class, which cannot be restored.

  1. For practical purposes in calculating the gratuities the
    following scale will be adopted:—

In third class, 20 marks are equal to 1d.
In second " 20 " " 1½d.
In first " 20 " " 2d.

  1. The case of a convict whose conduct has been bad, and
    who has earned no gratuity, is to be submitted to the Minister
    of Justice one month before his discharge is due.

  2. Prisoners sentenced to parti-coloured dress, cross-irons, or
    any other special treatment will be placed in the probation
    class whilst under such treatment, but on release therefrom will
    return to the class from which they were degraded, unless their
    sentence for the misconduct specifies the contrary.

FOR PRISONERS SENTENCED TO IMPRISONMENT WITH HARD
LABOUR.

  1. The time which every prisoner must pass in prison shall
    be represented by a certain number of marks, which he must
    earn by actual labour performed to entitle him to any remission
    of sentence.

  2. No remission will be granted for conduct, except on
    Sundays. It is only on condition of good conduct and strict
    obedience that prisoners will be allowed to earn by their
    industry a remission of a portion of their sentences.

  3. If therefore their conduct is indifferent or bad, they will
    be liable to be fined a certain number of marks, according to
    the nature and degree of the offence, and will thus forfeit by
    misconduct the remission they may have gained by their
    industry.

  4. The scale of marks shall be Eight marks per diem for
    steady hard labour and full performance of the allotted task;
    seven marks per diem for a less degree of industry; six marks
    per diem for a fair but moderate day's work.

  5. No remission will be granted for the first three months of
    a sentence, which shall be looked upon as a period of probation;
    a prisoner's marks are therefore to be calculated at the rate of
    six per diem as commencing three months from the date of con-
    viction: Provided that no prisoner whose conduct has not been
    good and industrious during the first three months of his im-
    prisonment shall be entitled to marks until he has passed a
    further period of three months' probation. Should his conduct
    during this second period of probation be good and industrious,
    his marks shall be calculated as commencing six months from
    the date of conviction, but, if not, the prisoner shall not be
    entitled to marks until his conduct has been reported good and
    industrious for a period of three months prior to the date from
    which they are calculated.

  6. If by his industry the prisoner gains eight marks per diem
    and does not forfeit any for misconduct, he will earn the full
    remission of one-fourth of the time for which his marks were
    calculated.

  7. When a prisoner is sentenced to forfeiture of time, a
    number of marks equal to the number of days forfeited, multi-
    plied by six, is to be added to the whole number of marks he
    has to earn. As he can by his industry earn eight, he may
    thereby gain a remission of one-fourth of such forfeiture.

  8. Prisoners sentenced to separate confinement shall be
    credited with only six marks per diem during that period.

  9. Prisoners in hospital shall be credited with only six marks
    per diem, which may be increased by special recommendation of
    the Gaoler to the Visiting Justices.

  10. A prisoner during his term of imprisonment will be re-
    quired to pass through the following classes, viz. :—

Probation Class: One-fourth of his whole sentence, on the
first three months of which he will be granted no
remission;
Third Class: One-fourth of his whole sentence;
Second Class: One-fourth of his whole sentence.
After which he will be eligible for promotion to the first class.

  1. Every prisoner is thus required to remain in the probation
    class for one-fourth of his whole sentence, during which time he
    must earn a number of marks equivalent to the days in one-
    fourth of the whole sentence (less the three months' probation)
    multiplied by eight, after which he will be eligible for promotion
    to the third class, and so on to the second class, serving and
    earning in each class a number of marks equal to one-fourth of
    the whole sentence.

  2. A prisoner in probation, third, or second class may for
    misconduct be subjected to serve an additional period in such
    class in which he may then be serving; and if in third, second,
    or first class may be reduced to any lower class for any stated
    period. Such number of days for which he may be reduced to
    be multiplied by eight, and the number of marks accruing
    therefrom to be served in such lower class in addition to the
    one-fourth of the sentence.

  3. The remainder of the term of imprisonment, after having
    served the prescribed periods in the lower classes, to be spent in
    the first class, unless degraded to any lower class for misconduct.

  4. These classes, as far as possible, to be kept separate from
    each other.

  5. Prisoners in the probation class will wear the prison-dress
    without facings. They will be allowed no gratuity, but may
    receive one visit of twenty minutes' duration, and write
    and receive one letter immediately after their conviction, pro-
    vided their conduct is good. They will be granted one period
    of exercise on Sundays.

  6. All prisoners under sentence of less than six months' hard
    labour are to be considered as in the probation class. They may
    on discharge be granted a gratuity not exceeding two shillings
    and sixpence, unless such sentence expires on a Saturday, when
    this gratuity may be increased to an amount not exceeding four
    shillings. They will be allowed one visit of twenty minutes'
    duration, and to write and receive one letter immediately after
    their conviction, provided their conduct is good, and on the
    same condition they will be allowed a visit of twenty minutes'
    duration, and to write and receive one letter when within a
    fortnight of being entitled to their discharge.

  7. Prisoners in the third class will wear the prison-dress
    with black facings. They will receive a gratuity to be
    earned by marks during the time spent in this class at the
    rate of one penny per twenty marks. [In cases of sentences
    under twelve months the various privileges of visiting and
    writing and receiving letters in the classes may be granted,
    though the specified period of three months from date of
    conviction may not have expired.] To receive a visit of twenty
    minutes' duration, and to write and receive a letter once in
    three months, provided conduct in that class has been good for
    the four previous weeks. To be allowed one period of exercise
    on Sundays.

  8. Prisoners in the second class will wear the prison-dress
    with yellow facings. They will be eligible to receive a visit of
    twenty minutes' duration, and to receive and write a letter once
    in two months. To receive a gratuity to be earned by marks
    during the time spent in this class, at the rate of one penny
    halfpenny per twenty marks. To be allowed two periods of
    exercise on Sundays.

  9. Prisoners in the first class will wear the prison-dress with
    red facings. They will be eligible to receive a visit of thirty
    minutes' duration, and to receive and write a letter once in each
    month. To receive a gratuity to be earned by marks during
    the time spent in this class, at the rate of twopence halfpenny
    per twenty marks. To be allowed three periods of exercise on
    Sundays.

  10. Prisoners who so far commit themselves as to be placed
    in cross-irons, or parti-coloured suit, or under other special treat-
    ment, will be placed in the probation class whilst under such
    treatment, but on release therefrom will return to the class
    from which they were degraded, unless the sentence for mis-
    conduct specifies to the contrary.

  11. Prisoners under cumulative sentences will be treated as
    if undergoing one term equal to the whole award, except that
    they will serve a probation of three months without remission
    for each sentence. The probations to be consecutive at the
    commencement of the imprisonment.

N.B.—Prisoners will not be granted any remission on the
first three months of their imprisonment.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1883, No 35





✨ LLM interpretation of page content

⚖️ Continuation of regulations detailing prisoner classification, marks, and gratuities for penal servitude and hard labour sentences (continued from previous page)

⚖️ Justice & Law Enforcement
19 April 1883
Prisons Act, Regulations, Penal Servitude, Hard Labour, Classification, Remission, Gratuities, Marks, Discipline