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Divisions of prisoners.
40 & 41 Vict. c. 21.
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6.—(1) Prisoners convicted of offences, either on indictment or otherwise, and not sentenced to penal servitude or hard labour, shall be divided into three divisions.
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(2) Where a person is convicted by any court of an offence, and is sentenced to imprisonment without hard labour, the court may, if it thinks fit, having regard to the nature of the offence and the antecedents of the offender, direct that he be treated as an offender of the first division or as an offender of the second division. If no direction is given by the court, the offender shall, subject to the provisions of this section, be treated as an offender of the third division.
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(3) Any person imprisoned for default in payment of a debt, including a civil debt recoverable summarily, or in default or in lieu of distress to satisfy a sum of money adjudged to be paid by order of a court of summary jurisdiction, when the imprisonment is to be without hard labour, shall be placed in a separate division and treated under special prison rules, and shall not be placed in association with criminal prisoners, nor be compelled to wear prison dress unless his own clothing is unfit for use.
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(4) Any person imprisoned for default of entering into a recognizance or finding sureties for keeping the peace, or for being of good behaviour, shall be treated under the same rules as an offender of the second division, unless he is a convicted prisoner, or unless the court direct that he be treated under the same rules as an offender of the first division.
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(5) References in sections forty and forty-one of the Prison Act, 1877, to a misdemeanant of the first division within the meaning of section sixty-seven of the Prison Act, 1865, shall be construed as references to an offender of the first division within the meaning of this section.
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