✨ Prisoner Regulations
JAN. 9.] THE NEW ZEALAND GAZETTE. 7
Regulations under “The Habitual Criminals and Offenders Act, 1906.”
—
PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this sixteenth day of December, 1907.
Present:
THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.
IN pursuance and exercise of the power and authority conferred on him by section twelve of “The Habitual Criminals and Offenders Act, 1906,” His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations for the purposes of the said Act:—
REGULATIONS.
- The ordinary prison regulations and general orders will apply, as far as practicable, to the management, control, and discipline of the establishment generally, the term “Manager” being substituted for that of “Gaoler” in every case.
Consultative Committee.
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There shall be a Consultative Committee for each Reformatory Prison, consisting of the Stipendiary Magistrate residing in the district in which the Reformatory Prison is situated (who shall visit the institution once, at least, in every month), the Visiting Justices, and the Manager. The Committee will be required to consider carefully the case of each prisoner, to deal with any specific matter referred to it and to advise the Minister thereon. The Stipendiary Magistrate shall preside at each meeting of the Committee, and shall arrange for holding regular quarterly meetings and such extra meetings as may be found necessary. Two members shall form a quorum, and minutes shall be kept of the proceedings of each meeting.
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At the regular meetings punishments which have taken place since the last meeting shall be reported, together with particulars of marks and money awarded to each prisoner, result of appeals outstanding, requests in request-book, and other necessary details of treatment.
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Every prisoner shall be brought singly before the Committee at their regular meetings to insure that no case is overlooked.
Stipendiary Magistrate and Visiting Justices.
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The Stipendiary Magistrate and Visiting Justices shall have the same power to hear and determine complaints as in the case of ordinary prisoners under the Prisons Act, and may similarly direct punishment or otherwise deal with offenders, but in cases of deprivation of marks the value of marks fined shall not exceed ten shillings.
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At every visit the Stipendiary Magistrate and Visiting Justices, in company with the Manager, shall consult with the various officers concerned respecting the industry, conduct, and progress of each prisoner; they shall carefully investigate any complaints made to them, and, when necessary, furnish a report to the Minister or Inspector.
Gaol Surgeon.
- The Gaol Surgeon will forward quarterly reports to the Inspector respecting the condition of health, &c., of each prisoner, and give special attention to those on the lower dietary scales.
Treatment of Habitual Criminals.
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Every prisoner will have a separate cell, in which he will sleep, have his meals, and keep such of his belongings as may be sanctioned by the Manager.
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Indulgences will be granted on account of good conduct and industry, and such indulgences will include postage-stamps, tea, coffee, cocoa, tobacco, cheese, fish, fruit, newspapers, pipes, butter, jam, milk, extra lighting, extra issue of books, and any other such privileges as the Manager may sanction.
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No prisoner shall take indulgences or extra articles of food outside his cell, or share them with others, without being liable to punishment, including forfeiture of marks and privileges.
Employment.—Earning Marks.
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Each prisoner will be employed according to his ability, and will perform such labour as the Manager may direct daily, suited to his capacity and physical condition. The work should be of a productive, reformatory, and educational character, and, whenever practicable, and not inconsistent with disciplinary requirements, the prisoner should be employed at the trade at which he is most proficient and which will do the most to fit him for honest self-support when at liberty.
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An account will be opened in each prisoner’s name, showing the various payments and deductions, and this is to be audited on the occasion of each visit of the Inspector. At any time prisoners are to be informed on inquiry of the state of their account.
(1.) Marks may be earned as follows:—
For a full day’s work, with exemplary conduct, 8 marks.
For a fair day’s work, with good conduct, 7 marks.
An indifferent day’s work, or bad conduct, 6 marks.
(2.) The value of marks will be adjusted as follows:—
6 marks per diem .. .. .. 2 6
7 marks per diem .. .. .. 2 9
8 marks per diem .. .. .. 3 0
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After deducting 6 marks per diem, or 2s. 6d. for the prisoner’s keep, the 6d. or 3d. per diem will be credited to the prisoner’s account, as the case may be; and prisoners who only earn 6 marks per diem will be liable to be punished unless some good cause can be shown for their failing to earn the higher number of marks.
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Seven marks per diem may be granted for exemplary conduct on Sundays and holidays.
Deduction of Fines.
- Fines inflicted by the Court, Stipendiary Magistrate, or Visiting Justices shall be at once deducted from the credit balance standing to the prisoner’s account, and will debar the offender from purchasing extras till such time as he has again earned the amount lost, and prisoners must have £2 standing to their credit before they are permitted to purchase indulgences or remit money.
Privileges.
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Prisoners after being one month clear of report, and who are earning full marks, will be allowed to write a letter and have a visit of half an hour’s duration once every month for the first year of their imprisonment, and once every fortnight in their second year, and weekly in their third year or after. The Manager may, if he sees fit, grant a letter in lieu of a visit at any time.
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Prisoners desirous of obtaining any educational or other book not in the library may apply to the Manager, who, if he considers the case deserving, will endeavour to obtain the book applied for.
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The Manager will use his discretion as to relaxing any of the regulations when he sees fit to do so, reporting the matter at the next meeting of the Consultative Committee, as it is not expected that the rigid methods usually adopted in prisons can always be made applicable to a reformatory.
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The following days will be observed as prison holidays: Christmas Day, New Year’s Day, Good Friday, King’s birthday, Prince of Wales’s birthday.
Petitions.
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Prisoners may at any time during their detention petition, on the prescribed form, for release. The petitions will be referred to the Court before which the petitioner was tried, and afterwards forwarded to His Excellency the Governor for his decision.
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Any prisoner will be allowed to address the Inspector in writing upon any subject connected with his case or position, and the Manager shall forward the statement to the Head Office without delay, making any comments he may think fit.
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Any prisoner will be permitted, if he so desire, to complain of the treatment to which he is subjected to the Stipendiary Magistrate, Visiting Justices, or to the Inspector, but any complaints must be made promptly, and must be of a specific character.
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The Manager when forwarding petitions for release should state if definite employment can be found for the prisoner, and every facility should be given to an eligible prisoner to communicate with discharged prisoners’ aid societies or any kindred organizations or reputable persons likely to find employment for him. Prison officers are enjoined to render all possible assistance in this respect, as unless suitable employment is obtained for a prisoner prior to discharge there is little hope of his being able to lead a reformed life.
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✨ LLM interpretation of page content
⚖️ Regulations for Reformatory Prisons under the Habitual Criminals and Offenders Act, 1906
⚖️ Justice & Law Enforcement16 December 1907
Prison regulations, Reformatory prisons, Habitual criminals, Prisoner conduct, Earnings, Indulgences, Appeals, Petitions
- Plunket, Governor
- Sir J. G. Ward, K.C.M.G., Presiding in Council
NZ Gazette 1908, No 1