Public Safety (Punishment of Offences) Temporary Act, 1924
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Punishment of offences in Schedule. |
1.—(1) Every person found guilty on indictment of any of the offences mentioned in Part I. of the Schedule to this Act may be sentenced to suffer penal servitude for life or such term of penal servitude as the judge may decide. | |
(2) Every person convicted by a court of summary jurisdiction of any of the offences mentioned in Part II. of the Schedule to this Act may be sentenced to suffer imprisonment with or without hard labour for a term not exceeding twelve months, and may in addition be sentenced to pay a fine not exceeding fifty pounds and, in default of payment of such fine within one month after conviction, to suffer imprisonment without hard labour for a further term not exceeding six months to be added to and commence on the expiration of the said previous term of imprisonment. | ||
(3) Every person found guilty on indictment of any of the offences mentioned in Part II. of the Schedule to this Act may be sentenced— | ||
(a) to suffer penal servitude for a term not exceeding five years and may in addition be sentenced to pay a fine not exceeding one hundred pounds and, in default of payment of such fine within one month after sentence, to suffer penal servitude for a further term not exceeding one year to be added to and commence on the expiration of the said previous term of penal servitude; or | ||
(b) to suffer imprisonment with or without hard labour for a term not exceeding two years, and may in addition be sentenced to pay a fine not exceeding one hundred pounds, and, in default of payment of such fine within one month after sentence, to suffer imprisonment without hard labour for a further term not exceeding six months, to be added to and commence on the expiration of the first mentioned term of imprisonment. | ||
(4) Every male person who shall be found guilty on indictment of the offence of robbery under arms as defined at No. 6 in Part II. of the Schedule to this Act, or of the offence of arson as defined at No. 7 in Part II. of the said Schedule shall (unless the Court is satisfied that there are special circumstances in the case which constitute a mitigation of the offence, or is of opinion that, owing to the state of health or advanced age of such person, corporal punishment could not be inflicted on him without permanent injury to his health), in addition to the punishment prescribed in the foregoing sub-sections, be sentenced to be once privately whipped subject to the following provisions— | ||
(a) in the case of a person whose age does not exceed eighteen years, the number of strokes at such whipping shall not exceed twenty and the instrument used shall be a birch rod; | ||
(b) in the case of any other person, the number of strokes at such whipping shall not exceed twenty-five; | ||
(c) in each case the court in its sentence shall specify the number of strokes to be inflicted and the instrument to be used; | ||
(d) such whipping shall not take place after the expiration of six months from the passing of the sentence; | ||
(e) such whipping to be inflicted on any person sentenced to penal servitude shall be inflicted on him before he is removed to a convict prison with a view to his undergoing his sentence of penal servitude. | ||
(5) Where a person is, after the passing of this Act, convicted of an offence mentioned in Part II. of the Schedule to this Act which is punishable under any Act for the time being in force by any greater punishment than is authorised by this section, such person may be sentenced to suffer any punishment authorised by this section or any punishment authorised by such Act. | ||
(6) A court of summary jurisdiction shall not have jurisdiction in respect of any of the offences mentioned in Part II. of the Schedule to this Act unless the court is of opinion that the facts proved against the accused constitute a minor offence fit to be tried summarily. | ||
(7) The jurisdiction of a court of summary jurisdiction in respect of any of the offences mentioned in Part II. of the Schedule to this Act shall not be ousted by reason of the title to any corporeal or incorporeal hereditaments or any lands or premises being drawn into question. | ||
(8) This section shall not apply to any offence committed before the passing of the Public Safety (Emergency Powers) Act, 1923 (No. 28 of 1923). |