Part I Powers and Proceedings of Courts

Abolition of penal servitude, hard labour, prison divisions and sentence of whipping

1 Abolition of penal servitude, hard labour and prison divisions.

1

No person shall be sentenced by a court to penal servitude; and every enactment conferring power on a court to pass a sentence of penal servitude in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of this Act.

2

No person shall be sentenced by a court to imprisonment with hard labour; and every enactment conferring power on a court to pass a sentence of imprisonment with hard labour in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of imprisonment with hard labour could have been passed in that case immediately before the commencement of this Act; and so far as any enactment requires or permits prisoners to be kept to hard labour it shall cease to have effect.

3

So far as any enactment provides that a person sentenced to imprisonment or committed to prison is or may be directed to be treated as an offender of a particular division, or to be placed in a separate division, it shall cease to have effect.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5