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(YOUTHFUL OFFENDERS \(TRAINING SCHOOLS\) )Tj
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(AN ORDINANCE TO MAKE PROVISION FOR THE ESTABLISHMENT OF TRAINING )Tj
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(SCHOOLS, FOR THE DETENTION, TRAINING AND REFORMATION OF YOUTHFUL )Tj
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(OFFENDERS, AND FOR PURPOSES CONNECTED THEREWITH. )Tj
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(Ordinance Nos,)Tj
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(28 of 1939)Tj
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(8 of 1943)Tj
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(41 of 1944)Tj
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( January , 1940)Tj
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(Short title. )Tj
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(. This Ordinance may be cited as the Youthful Offenders \(Training Schoo\
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(Ordinance. )Tj
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(Establishment of )Tj
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(training schools. )Tj
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(. )Tj
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(\(1\) The Minister may by Order published in the Gazette establish one o\
r more )Tj
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(training schools in which youthful offenders may be detained and be give\
n )Tj
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(such training and instruction and be subjected to such discipline and mo\
ral )Tj
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(influences as will conduce to their reformation and to the repression of\
crime. )Tj
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(\(2\) Every training school shall be under the general control and )Tj
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(superintendence of the Commissioner. )Tj
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(Appointment of )Tj
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(officers,& c )Tj
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(. )Tj
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(\(1\) There may be appointed for every training school a superintendent,\
who )Tj
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(shall, subject to the general direction and control of the Commissioner,\
be )Tj
T*
(responsible for the management of the school in accordance with the )Tj
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(provisions of this Ordinance and of any regulations made thereunder. )Tj
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(\(2\) There may be appointed such other officers and servants as may be \
)Tj
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(necessary for the purposes of this Ordinance. )Tj
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(Orders for )Tj
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(detention in )Tj
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(training schools. )Tj
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(. )Tj
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(\(1\) Where any male person- )Tj
5.06026 -2.95 Td
(\(a\) is convicted by the High Court of any offence which, according )Tj
T*
(to the First Schedule to the Code of Criminal Procedure Act, is )Tj
T*
(triable only by the High Court; or )Tj
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(\(b\) is convicted by any court of any offence, and a previous )Tj
0 -1.2 TD
(conviction of any offence is proved against him; or )Tj
0 -1.53334 TD
(\(c\) is found by any court to have failed to observe any condition of )Tj
0 -1.2 TD
(any probation order made under the provisions of any other )Tj
T*
(written law relating to the release of offenders on probation, )Tj
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(and it appears to the court- )Tj
4.98026 -2.95 Td
(\(i\) that the person is a youthful person; and )Tj
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(\(ii\) that by reason of his criminal habits or tendencies or )Tj
0 -1.2 TD
(association with persons of bad character, it is )Tj
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(expedient that he should be subject to detention under )Tj
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(such instruction, training and discipline as would be )Tj
0 -1.2 TD
(available in a training school, )Tj
-9.39954 -5.03333 Td
(the court may, in lieu of making any order which it is empowered to make\
)Tj
T*
(under the provisions of any other written law, and subject to the provis\
ions of )Tj
T*
(subsection \(2\), order him to be detained in a training school for a pe\
riod of )Tj
T*
(three years. )Tj
0 -1.53333 TD
(\(2\) \(a\) A court, before making an order under subsection \(1\) shall\
call for and )Tj
0 -1.2 TD
(consider a report from the Commissioner as to the suitability of the cas\
e for )Tj
T*
(treatment in a training school and as to the accommodation available in \
any )Tj
T*
(such school, and shall be satisfied that the character, state of health \
and )Tj
T*
(mental and physical condition of the offender and the other circumstance\
s of )Tj
T*
(the case are such that the offender is likely to profit by detention in \
a training )Tj
T*
(school.\(6\) The report required under paragraph \(a\) may be furnished \
by the )Tj
T*
(Commissioner or by any person authorized by him. )Tj
0 -1.53334 TD
(\(3\) For the purpose of enabling a report under subsection \(2\) to be \
furnished )Tj
0 -1.2 TD
(in respect of any offender, a court may make order remanding him, for a \
)Tj
T*
(period of not less than fourteen and not more than twenty-one days, to )Tj
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(custody in such one of the prisons specified in the First Schedule as is\
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(Orders in respect )Tj
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(of persons )Tj
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(detained in )Tj
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(approved or )Tj
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(certified schools. )Tj
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(. )Tj
5.16737 -3.08752 Td
(\(1\) Where a male person who is convicted of any offence is, at the tim\
e of his )Tj
T*
(conviction, detained in an approved or certified school under the provis\
ions of )Tj
T*
(any written law \(otherwise than as being a person in need of care or )Tj
T*
(protection\), and it appears to the court that he is a youthful person, \
the court )Tj
T*
(may order him to be detained in a training school for a period of three \
years. )Tj
0 -1.53334 TD
(\(2\) Any order made under subsection \(1\) for the detention of any per\
son in a )Tj
0 -1.2 TD
(training school shall supersede the order for the detention of that pers\
on in .)Tj
0 -1.2 TD
(an approved or certified school. )Tj
-14.39655 -3.61667 Td
(Warrant of )Tj
T*
(commitment to )Tj
T*
(training school. )Tj
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(6)Tj
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(. Where a court makes an order under section 4 or section 5 for the dete\
ntion of a person )Tj
-0.72917 -1.33752 Td
(in a training school, a warrant of commitment, which shall be substantia\
lly in the form set )Tj
T*
(out in the Second Schedule, shall be signed by the court and shall be de\
livered to the )Tj
T*
(Fiscal of the court. )Tj
-8.5 -1.86667 Td
(Application of )Tj
T*
(Chapter XXVIII of )Tj
T*
(the Code of )Tj
T*
(Criminal )Tj
T*
(Procedure Act to )Tj
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(orders for )Tj
T*
(detention. )Tj
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(7)Tj
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(. Every order made under section 4 or section 5, by the High Court or a \
Magistrate's )Tj
-0.72917 -1.33752 Td
(Court, for the detention of a person in a Training School, shall be deem\
ed to be a )Tj
T*
(conviction, sentence or order or a judgment or final order pronounced by\
that court within )Tj
T*
(the meaning of section 320 or section 331, as the case may be, of the Co\
de of Criminal )Tj
T*
(Procedure Act; and the provisions of Chapter XXVIII of that Act shall ap\
ply accordingly. )Tj
-8.5 -3.71667 Td
(Transfer of )Tj
T*
(person from )Tj
T*
(prison to training )Tj
T*
(school. )Tj
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(8)Tj
/TT0 1 Tf
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(. Where the Minister is satisfied that a youthful person, who is undergo\
ing imprisonment in )Tj
-0.72917 -1.33752 Td
(consequence of a sentence passed before or after the date of the commenc\
ement of this )Tj
T*
(Ordinance and who has still to undergo imprisonment for a further period\
of not less than )Tj
T*
(two years, might with advantage be detained in a training school, the Mi\
nister may by order )Tj
T*
(authorize the Commissioner to transfer him from prison to a training sch\
ool and to detain )Tj
T*
(him in such school there to serve the whole or any part of the unexpired\
residue of his )Tj
T*
(sentence, and whilst detained in, or placed out on licence from, such a \
school, the )Tj
T*
(provisions of this Ordinance shall apply to him as if he had been origin\
ally ordered to be )Tj
T*
(detained in a training school. )Tj
-8.5 -1.86667 Td
(Release on )Tj
T*
(licence of )Tj
T*
(persons detained )Tj
T*
(in training )Tj
T*
(schools. )Tj
/TT1 1 Tf
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(9)Tj
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(. )Tj
5.16737 -3.08752 Td
(\(1\) The Minister may, at any time after the expiration of one year fro\
m the )Tj
T*
(commencement of any term of detention, if satisfied that there is a reas\
onable )Tj
T*
(probability that the person detained will abstain from crime and lead a \
useful )Tj
T*
(and industrious life, by licence permit him to be discharged from a trai\
ning )Tj
T*
(school on condition that he be placed under the supervision of any socie\
ty or )Tj
T*
(person named in the licence who may be willing to take charge of the cas\
e. )Tj
0 -1.53334 TD
(\(2\) A licence granted to any person under this section shall, subject \
to the )Tj
0 -1.2 TD
(provisions of subsections \(3\) and \(4\), be in force until the term fo\
r which that )Tj
T*
(person was ordered to be detained has expired. )Tj
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(\(3\) The Minister may at any time revoke a licence granted to any perso\
n )Tj
0 -1.2 TD
(under this section, and upon such revocation it shall be the duty of tha\
t )Tj
T*
(person to return to the training school and if he fails so to return, he\
may be )Tj
T*
(arrested without warrant by any peace officer or prison officer and take\
n to )Tj
T*
(the school. )Tj
0 -1.53333 TD
(\(4\) Where any person to whom a licence has been granted under this sec\
tion )Tj
0 -1.2 TD
(escapes from or evades the supervision of the society or person in whose\
)Tj
T*
(charge he is placed, or commits any breach of the conditions contained i\
n the )Tj
T*
(licence, that licence shall be forfeited. )Tj
0 -1.53334 TD
(\(5\) The Magistrate's Court of the division in which the training schoo\
l from )Tj
0 -1.2 TD
(which a person has been placed out on licence is situated or in which su\
ch a )Tj
T*
(person is found may, on information on oath that the licence has been )Tj
T*
(forfeited under subsection \(4\) issue a warrant for his arrest, and he \
shall on )Tj
T*
(arrest be brought before that court, and that court may, if satisfied th\
at the )Tj
T*
(licence has been forfeited, order him to be remitted to a training schoo\
l and )Tj
T*
(remand him to the custody of the Fiscal of the court to be detained in t\
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T*
(nearest prison until he can conveniently be removed to such school. )Tj
0 -1.53333 TD
(\(6\) The time during which a person is absent from a training school un\
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0 -1.2 TD
(licence granted under this section shall be treated as part of the term \
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T*
(detention in the school: )Tj
0 -1.53333 TD
(Provided, however, that where that person has failed to return to the sc\
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0 -1.20001 TD
(on the licence being forfeited or revoked, the time which elapses after \
his )Tj
0 -1.2 TD
(failure so to return shall be excluded in computing the time of his dete\
ntion in )Tj
0 -1.2 TD
(the school. )Tj
0 -1.53334 TD
(\(7\) A licence granted under this section shall be in such form and sha\
ll )Tj
0 -1.2 TD
(contain such conditions as may be prescribed by regulations. )Tj
-14.39655 -3.61667 Td
(Supervision after )Tj
T*
(term of detention )Tj
T*
(in training )Tj
T*
(schools. )Tj
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(10)Tj
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(. )Tj
4.43822 -3.08752 Td
(\(1\) Every person ordered to be detained in a training school shall, on\
the )Tj
T*
(expiration of the period for which he was ordered to be detained, remain\
for a )Tj
T*
(further period of one year under the supervision of the Minister. )Tj
0 -1.53333 TD
(\(2\) The Minister may by licence discharge from his supervison any pers\
on )Tj
0 -1.2 TD
(who is under such supervision in accordance with subsection \(1\), on co\
ndition )Tj
0 -1.20001 TD
(that he be placed under the supervision of any society or person named i\
n the )Tj
0 -1.2 TD
(licence who may be willing to take charge of the case. )Tj
0 -1.53334 TD
(\(3\) The Minister may revoke a licence granted to any person under )Tj
0 -1.2 TD
(subsection \(2\) and by order in the prescribed form recall him to a tra\
ining )Tj
T*
(school, if he is of opinion that such recall is necessary for the protec\
tion and )Tj
T*
(further training of such person, and may detain him in a training school\
for a )Tj
T*
(further period not exceeding six months: )Tj
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(Provided, however, that- )Tj
5.06026 -2.95 Td
(\(a\) every person so recalled shall again be discharged by licence )Tj
0 -1.2 TD
(under subsection \(2\), so soon as the Minister considers such )Tj
T*
(discharge to be expedient; and )Tj
0 -1.53333 TD
(\(b\) no person so recalled shall be detained in a training school )Tj
0 -1.2 TD
(after the expiration of the period of one year specified in )Tj
T*
(subsection \(1\). )Tj
-5.06026 -3.28334 Td
(\(4\) A licence granted to any person under section 9 before the expirat\
ion of )Tj
T*
(his term of detention in a training school shall, on his becoming liable\
to be )Tj
T*
(under the supervision of the Minister in accordance with subsection \(1\)\
, )Tj
T*
(continue in force after the date of the expiration of that term, and eve\
ry such )Tj
T*
(licence shall after that date be deemed to be a licence granted under )Tj
T*
(subsection \(2\), and the provisions of subsection \(3\) shall apply acc\
ordingly. )Tj
0 -1.53333 TD
(\(5\) The Minister may at any time order that a person under supervision\
under )Tj
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T*
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-14.39655 -3.61665 Td
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T*
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T*
(imprisonment of either description as the Minister in charge of the subj\
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T*
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T*
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(photographs, fingerprints, footprints or other records, of persons )Tj
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(ordered to be detained in training schools, -including particulars of )Tj
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(the previous history of such persons ; )Tj
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(\(c\) the persons, if any, to whom such measurements, )Tj
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(photographs, fingerprints, footprints or other records may be sent )Tj
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(\(d\) the disposal of the clothing and property of persons ordered to )Tj
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(\(e\) the classification, treatment, clothing, training, instruction, )Tj
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(employment, discipline and control of persons detained in training )Tj
T*
(schools, and the classes of diet to be provided for such persons; )Tj
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(\(f\) the religious instruction of persons detained in training )Tj
T*
(schools ; )Tj
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(\(g\) the kind of labour to be exacted from persons detained in )Tj
T*
(training schools, and the manner in which and the times at which )Tj
T*
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(\(h\) rewards for good conduct, including the circumstances in )Tj
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T*
(schools ; )Tj
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(\(i\) the circumstances in which and the conditions subject to which )Tj
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T*
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T*
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T*
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(\(j\) visits to persons detained in training schools and )Tj
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(\(k\) the specifications and requirements of the several types of )Tj
0 -1.2 TD
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(\(l\) the sanitation of training schools; the health and medical )Tj
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T*
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(\(m\) inspections, inquiries and other proceedings by Visitors; )Tj
-0.75632 -1.53333 Td
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T*
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T*
(any place at which he is entitled to be present for the purposes of )Tj
T*
(his appeal or to which the Court of Appeal or the Supreme Court )Tj
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(the appeal, and the manner in which he is to be kept in custody )Tj
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(\(s\) the supply of money, food, clothing or means of travelling to )Tj
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(\(t\) the adaptation, modification or alteration, in such manner as )Tj
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(Ordinance which is mentioned in the Third Schedule ; )Tj
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(\(a\) The provisions of the Prisons Ordinance which are mentioned )Tj
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(and servants employed therein and the persons detained therein )Tj
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-2.79893 -1.86667 Td
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