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PUNISHMENT, PRISON and the PUBLIC AUSTRALIA the Law Book Company Ltd
THE HAMLYN LECTURES TWENTY-THIRD SERIES PUNISHMENT, PRISON AND THE PUBLIC AUSTRALIA The Law Book Company Ltd. Sydney : Melbourne : Brisbane CANADA AND U.S.A. The Carswell Company Ltd. Agincourt, Ontario INDIA N. M. Tripathi Private Ltd. Bombay ISRAEL Steimatzky's Agency Ltd. Jerusalem : Tel Aviv : Haifa MALAYSIA : SINGAPORE : BRUNEI Malayan Law Journal (Pte) Ltd. Singapore NEW ZEALAND Sweet & Maxwell (N.Z.) Ltd. Wellington PAKISTAN Pakistan Law House Karachi PUNISHMENT, PRISON AND THE PUBLIC An Assessment of Penal Reform in Twentieth Century England by an Armchair Penologist BY RUPERT CROSS, D.C.L., F.B.A. Vinerian Professor of English Law in the University of Oxford Published under the auspices of THE HAMLYN TRUST LONDON STEVENS & SONS Published in 1971 by Stevens & Sons Limited of 11 New Fetter Lane in the City of London and printed in Great Britain by The Eastern Press Ltd. of London and Reading SBN Hardback 420 43790 8 Paperback 420 43800 9 Professor Cross 1971 CONTENTS The Hamlyn Lectures ....... viii The Hamlyn Trust xi Preface xiii Introduction xv I. BACKGROUND AND DRAMATIS PERSONAE . 1 1. The Gladstone Report .... 1 2. Sir Edmund Du Cane 7 Convict Prisons ..... 7 Local Prisons ...... 9 Hard Labour 10 The Du Cane Regime . .11 Du Cane as a penologist and a person . 13 3. Sir Evelyn Ruggles-Brise . .16 Prison Conditions 17 The avoidance of imprisonment . 19 Individualisation of punishment and indeterminacy of sentence ... 22 Ruggles-Brise as a penologist and a person 27 4. Sir Alexander Paterson .... 29 Career and Personality .... 30 Paterson as a penologist.... 33 5. Sir Lionel Fox ..... -
FIREARMS ACTS and Associated Amendments 1968 – 2007
FIREARMS ACTS and associated amendments 1968 – 2007 List of Statutes, Statutory Instruments, Orders & Rules Firearms Act 1968 Theft Act 1968 Transfer of Functions (Prohibited Weapons) Order 1968 SI 1968/1200 Criminal Damage Act 1971 Criminal Procedure (Scotland) Act 1975 Customs & Excise Management Act 1979 Firearms Act 1982 Criminal Justice Act 1988 Firearms (Amendment) Act 1988 Firearms (Removal to Northern Ireland) Order 1990 SI 1990/2621 Firearms (Amendment) Regulations 1992 SI 1992/2823 Firearms (Amendment) Act 1992 Criminal Justice & Public Order Act 1994 Firearms (Amendment) Act1994 Firearms (Variation of Fees) Order 1994 SI 1994/2615 Firearms (Period of Certificate) Order 1994 SI 1994/2614 Police & Magistrates Courts Act 1994 Welfare of Animals (Slaughter or Killing) Regulations 1995 SI 1995/731 Armed Forces Act 1996 Firearms (Amendment) Act 1997 Firearms (Amendment ) (No 2) Act 1997 Crime & Disorder Act 1998 Firearms Rules 1998 SI 1998/1941 Scotland Act (Transfer of Functions to the Scottish Ministers etc.) Order 1999 SI1999/1750 Firearms (Variation of Fees) Order 2000 SI2000/3148 Criminal Justice & Police Act 2001 Anti-social Behaviour Act 2003 Criminal Justice Act 2003 Firearms (Removal to Northern Ireland) (Revocation) Order 2003 SI 2003/3228 Energy Act 2004 Serious Organised Crime & Police Act 2005 Violent Crime Reduction Act 2006 Firearms (Sentencing) (Transitory Provisions) Order 2007 SI 2007/1324 Firearms (Amendment) Rules 2007 SI 2007/2605 Violent Crime Reduction Act 2006 (Realistic Imitation Firearms) Regulations 2007 -
Firearms Act, 1937. [1 EDW
Firearms Act, 1937. [1 EDW. 8. & 1 GE0. 6.OH. 12.] ARRANGEMENTOF SECTIONS. A.D. 1937. PART I. REGULATION OF PURCHASE, PossEssIoN, MANUFACTURE AND SALE OF CERTAIN FIREARMS AND AND OTHER TRANSACTIONS. Purchase and Po88ession of certain Firearm3 and Ammunition. Section. 1. Penalty for purchasing or possessing firearms or ammunition without certificate. 2. Grant,renewal,variation,andrevocationof certificates. 3.Fees in respect of certificates. 4.Exemptions from holding a certificate. is. ApplicationofforegoingprovisionstoCrown servants. 6.Production of certificates. Manufacture and $ale of certain and Ammunition and other Transaction8. 7.Penaltyfor manufacturing or dealing in firearms or ammunition without being registered. 8.Registration of firearms dealers. 9.Certificates of registration. 10.Registration of places of business of firearms dealers. 11.Restrictions on sale, repair, &c. of firearms and ammunition. 12. Register of transactions in firearms. A [CH. 12.] Firearms 1937. [1 EDW. 8. & 1 GR0. 6.] A.]). 1937. Section. — 13. Powers of court in case of offences by registered firearms dealers. 14. Penalty for taking in pawn firearms or ammunition. Savings and application. 15. Savings. 16. Firearms and ammunition to which Part I applies. PART II. MISCELLANEOUS PROVISIONS AS TO AND AMMUNITION. 17. Prohibited weapons and ammunition. 18. Power to prohibit removals of firearms and arnmu- nition. 19. Restriction on purchase and possession of firearms by young persons. 20. Prohibition of sale, &e. of firearms to drunk or insane persons. 21. Prohibition on persons convicted of crime pur- chasing or possessing firearms. 22. Penalty for possessing firearms with intent to injure. 23. Penalty for use an4 possession of firearms or imitation firearms in certain cases. -
London Metropolitan Archives Middlesex Sessions
LONDON METROPOLITAN ARCHIVES Page 1 MIDDLESEX SESSIONS: COUNTY ADMINISTRATION MA Reference Description Dates COUNTY ADMINISTRATION: LUNATIC ASYLUMS Maintenance of lunatics MA/A/C/001 Alphabetical register of lunatics, giving name, 1860 - 1888 date of admission, which asylum, 'how disposed of' MA/A/C/002 Register of lunatics Gives name, date of 1871 - 1877 maintenance order, to what asylum sent, 'how disposed of' MA/A/C/003/1853 Applications for maintenance of lunatics 1853 8 MA/A/C/003/1865 Applications for maintenance of lunatics 1865 53 MA/A/C/003/1866 Applications for maintenance of lunatics 1866 73 MA/A/C/003/1867 Applications for maintenance of lunatics 1867 46 MA/A/C/003/1868 Applications for maintenance of lunatics 1868 47 MA/A/C/003/1869 Applications for maintenance of lunatics 1869 64 MA/A/C/003/1870 Applications for maintenance of lunatics 1870 8 MA/A/C/003/1872 Applications for maintenance of lunatics: 1872 Criminal lunatics 8 MA/A/C/003/1873 Applications for maintenance of lunatics: 1873 Matilda or Louisa Lewis 1 MA/A/C/003/1874 Applications for maintenance of lunatics 1874 6 LONDON METROPOLITAN ARCHIVES Page 2 MIDDLESEX SESSIONS: COUNTY ADMINISTRATION MA Reference Description Dates MA/A/C/003/1875/001 Applications for maintenance of lunatics (B-E) 1875 (items numbered 1875/001-024) MA/A/C/003/1875/025 Applications for maintenance of lunatics (E-M) 1875 (items numbered 1875/025-047) MA/A/C/003/1875/048 Applications for maintenance of lunatics (M-R) 1875 (items numbered 1875/048-060) MA/A/C/003/1875/061 Applications for maintenance -
Legislation Part 5
MIL-10648 176 Ch. 17 Industries Development {Amendment) 1953 i 1953 Industries Development Ch. 17,18 177 Act Act undertaking to which this sub-section appUes in respect 3. In the proviso to sub-section (1) of section ten ^^e^ of any period occurring after ten years from the date on of the Act of 1945 (which proviso limits to two million expenses which the assistance by virtue 01 which exemption is the total amount of expenses which under -the WIUChmay sought was first given to that undertaldng under the said sub-section (1) may be defrayed by means of sums m and'' Act of 1945. charged on and issued put of the Consolidated Fund of ^^°ut01 (3) Sub-section (2) of this section applies to any Northern Ireland) for the words " two million pounds " date'cTpund. there shaU. be substituted the words " five miUion pounds". industrial undertaking to which before -the passing of this Act assistance was given under the Act of 1945. 4. The provisions of section ten of the Act of 1945 as Further amended by "the last preceding section shall apply in ^^^ Extension of 2.—(1) The powers exercisable under paragraph (d) power to relation to expenses incurred by the Ministry or by any ;?,wvTdetosites of s.u;b-s?cti?? (1) of section three of the Act of 1945 to p" other Government department under that Act as amended for certain enable the Ministry to dispose of any lands or premises industrial by this Act. under- held, acquired or provided under that Act may also be takings. -
Statute Law Revision: Sixteenth Report Draft Statute Law (Repeals) Bill
LAW COMMISSION SCOTTISH LAW COMMISSION STATUTE LAW REVISION: SIXTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL CONTENTS Paragraph Page REPORT 1 APPENDIX 1: DRAFT STATUTE LAW (REPEALS) BILL 2 APPENDIX 2: EXPLANATORY NOTE ON THE DRAFT BILL 46 Clauses 1 – 3 46 Schedule 1: Repeals 47 PART I: Administration of Justice 47 Group 1 - Sheriffs 1.1 47 Group 2 - General Repeals 1.4 48 PART II: Ecclesiastical Law 51 Group 1 - Ecclesiastical Leases 2.1 51 Group 2 - Tithe Acts 2.6 53 PART III: Education 57 Group 1 - Public Schools 3.1 57 Group 2 - Universities 3.2 57 PART IV: Finance 60 Group 1 - Colonial Stock 4.1 60 Group 2 - Land Commission 4.4 60 Group 3 - Development of Tourism 4.6 61 Group 4 - Loan Societies 4.7 62 Group 5 - General Repeals 4.9 62 PART V: Hereford and Worcester 65 Statutory Undertaking Provisions 5.8 68 Protective Provisions 5.15 71 Bridges 5.16 72 Miscellaneous Provisions 5.24 75 PART VI: Inclosure Acts 77 iii Paragraph Page PART VII: Scottish Local Acts 83 Group 1 - Aid to the Poor, Charities and Private Pensions 7.7 84 Group 2 - Dog Wardens 7.9 85 Group 3 - Education 7.12 86 Group 4 - Insurance Companies 7.13 86 Group 5 - Local Authority Finance 7.14 87 Group 6 - Order Confirmation Acts 7.19 89 Group 7 - Oyster and Mussel Fisheries 7.22 90 Group 8 - Other Repeals 7.23 90 PART VIII: Slave Trade Acts 92 PART IX: Statutes 102 Group 1 - Statute Law Revision Acts 9.1 102 Group 2 - Statute Law (Repeals) Acts 9.6 103 PART X: Miscellaneous 106 Group 1 - Stannaries 10.1 106 Group 2 - Sea Fish 10.3 106 Group 3 - Sewers Support 10.4 107 Group 4 - Agricultural Research 10.5 108 Group 5 - General Repeals 10.6 108 Schedule 2: Consequential and connected provisions 115 APPENDIX 3: CONSULTEES ON REPEAL OF LEGISLATION 117 PROPOSED IN SCHEDULE 1, PART V iv THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: SIXTEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Irvine of Lairg, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Hardie, QC, Her Majesty’s Advocate 1. -
Prison Act 1952 Is up to Date with All Changes Known to Be in Force on Or Before 03 April 2019
Changes to legislation: Prison Act 1952 is up to date with all changes known to be in force on or before 03 April 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) Prison Act 1952 1952 CHAPTER 52 15 and 16 Geo 6 and 1 Eliz 2 An Act to consolidate certain enactments relating to prisons and other institutions for offenders and related matters with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949. [1st August 1952] Annotations: Extent Information E1 For the extent of this Act see s. 55(3)(4)(5) Modifications etc. (not altering text) C1 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 10(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts. C2 Act applied (3.11.1994) by 1994 c. 33, ss. 7(2)(4), 172(4) Act applied (3.11.1994) by 1994 c. 33, ss. 8(2), 172(4) C3 Act amended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. III para. -
Canadian Sentencing Commission
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1850-1914: Targeting, Harassment and the Creation of a Criminal Class
University of Huddersfield Repository Stanford, Terence George The metropolitan police 1850-1914: targeting, harassment and the creation of a criminal class Original Citation Stanford, Terence George (2007) The metropolitan police 1850-1914: targeting, harassment and the creation of a criminal class. Doctoral thesis, University of Huddersfield. This version is available at http://eprints.hud.ac.uk/id/eprint/760/ The University Repository is a digital collection of the research output of the University, available on Open Access. Copyright and Moral Rights for the items on this site are retained by the individual author and/or other copyright owners. Users may access full items free of charge; copies of full text items generally can be reproduced, displayed or performed and given to third parties in any format or medium for personal research or study, educational or not-for-profit purposes without prior permission or charge, provided: • The authors, title and full bibliographic details is credited in any copy; • A hyperlink and/or URL is included for the original metadata page; and • The content is not changed in any way. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. http://eprints.hud.ac.uk/ 1 THE METROPOLITAN POLICE. 1850 – 1914; TARGETING, HARASSMENT AND THE CREATION OF A CRIMINAL CLASS. By TERENCE GEORGE STANFORD SEPTEMBER 2007 DISSERTATION SUBMITTED FOR THE DEGREE OF Ph. D. AT THE UNIVERSITY OF HUDDERSFIELD. 2 ABSTRACT. Within Victorian society there was a public perception that within the wider field of class there were a number of levels at the bottom of which was a criminal class. -
Rights, Responsibilities and Religion in a Mid-Victorian Convict Prison
Rights, Responsibilities and Religion in a mid-Victorian convict prison Dr David J. Cox∗ Abstract This article investigates the rights and responsibilities of both a prison governor and a prison chaplain in a Victorian Convict Prison. Major Hickey and Reverend Francis served respectively as Governor and Chaplain of HMP Dartmoor in the early 1870s and developed a mutual feeling of irreconcilable resentment following a clash of personalities and ideas regarding the management and punishment of male convicts in one of the most notorious of all Victorian English convict prisons. It details the causes and repercussions of the ensuing argument that led to Reverend Francis resigning his post and complaining directly to the Director of Convict Prisons about both his treatment and that of the convicts under his spiritual care. The paper relates this personal argument to the wider philosophical debates over late-Victorian penal policies that were becoming known to a larger audience thanks to both the publication of numerous prison enquiry reports and the published autobiographies of a number of erudite and well-educated middle-class convicts which proliferated during the period in question. Keywords: Prison, convict, governance, chaplaincy, penal servitude I. BACKGROUND Convict prisons were the punishment of choice for those found guilty of serious indictable offences following the gradual ending of transportation to Australia from the early 1850s. The Penal Servitude Act 1853 (16 & 17 Vict c.99) had restricted the use of transportation to those sentenced to fourteen years or more, and the subsequent Penal Servitude Act 1857 (20 & 21 Vict c.3) had effectively abolished the sentence of transportation for the majority of even the most serious offenders.1 Transportation was replaced by a sentence of penal servitude; this involved imprisonment, originally for a minimum of three years, but later increased to five ∗ Reader in Criminal Justice History Law Research Centre, University of Wolverhampton; [email protected]. -
Legal Foundations of Tribunals in Nineteenth-Century England
LEGAL FOUNDATIONS OF TRIBUNALS IN NINETEENTH-CENTURY ENGLAND Nineteenth-century governments faced considerable challenges from the rapid, novel and profound changes in social and economic conditions resulting from the industrial revolution. In the context of an increasingly sophisticated and complex government, from the 1830s the specialist and largely lay statutory tribunal was conceived and adopted as the principal method of both implementing the new regulatory legislation and resolving disputes, between the state and the subject, or between subject and subject. The tribunal’s legal nature and procedures, and its place in the machinery of justice, were debated and refined throughout the Victorian period. In examining this process, this book explains the interaction between legal constraints, social and economic demand and political expediency which gave rise to this form of dispute-resolution. It reveals the imagination and creativity of legislators who drew on diverse legal institutions and values to create the new tribunals, and shows how the modern difficulties of legal classification and analysis were largely the result of the institution’s nineteenth-century development. Chantal Stebbings is Professor of Law and Legal History at the University of Exeter. Her research is in the commercial legal history of the nineteenth century, with special reference to the law of taxation, trusts and commercial property. She has written extensively in this field, including The Private Trustee in Victorian England (Cambridge University Press, 2002). CAMBRIDGE STUDIES IN ENGLISH LEGAL HISTORY Edited by j. h. baker Fellow of St Catharine’s College, Cambridge Recent series of titles include The Rise and Fall of the English Ecclesiastical Courts, 1500–1860 R. -
Firearms Act 1968 Is up to Date with All Changes Known to Be in Force on Or Before 14 September 2021
Status: This version of this Act contains provisions that are prospective. Changes to legislation: Firearms Act 1968 is up to date with all changes known to be in force on or before 14 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Firearms Act 1968 1968 CHAPTER 27 An Act to consolidate the Firearms Acts 1937 and 1965, the Air Guns and Shot Guns, etc. , Act 1962, Part V of the Criminal Justice Act 1967 and certain enactments amending the Firearms Act 1937. [30th May 1968] Modifications etc. (not altering text) C1 Act extended by S.I. 1972/971, Sch. 1 C2 Act extended with modifications by Firearms Act 1982 (c. 31, SIF 51:1), s. 1(2) C3 Act amended by Firearms (Amendment) Act 1988 (c. 45, SIF 51:1), ss. 8, 25(4) Act amended (1.7.1997) by 1997 c. 5, s. 48(a); S.I. 1997/1535, art. 3, Sch. Pt. I Act amended (prosp.) by 1997 c. 5, ss. 12(2), 53(3) (which amending s. 12(2) was repealed (17.12.1997) by 1997 c. 64, s. 2(7), Sch.; S.I. 1997/3114, art. 3, Sch. Pt. I) C4 Definitions of "ammunition" and "firearm" in this Act applied (E.W.) (25.10.1991) by Deer Act 1991 (c. 54, SIF 4:3), ss.16, 18(3) C5 By Criminal Justice Act 1991 (c. 53, SIF 39:1), S.