PREVENTION OF CRIMES ORDINANCE

Arrangement of Sections

1. Short title.

IDENTIFICATION OF PERSONS PREVIOUSLY CONVICTED

2. Procedure where a person accused of a non-summary crime is suspected of having been previously convicted.

3. β€”

4. Previous conviction. Mode of proving.

5. Power of Court to direct supervision of previously convicted criminal after discharge from jail.

ENHANCED SENTENCE ON CRIMINALS PREVIOUSLY CONVICTED

6. Sentence to be passed on criminals previously convicted.

7. Preventive detention.

8. President may commute rigorous imprisonment to a sentence of preventive detention.

9. Preventive detention to commence after imprisonment.

10. Minister may set apart prison for preventive detention.

RELEASE ON LICENCE

11. Grant of licences to prisoners to be at large.

12. Consequences of conviction of crime committed while at large on licence.

13. Non-production of licence or breach of any of the conditions of licence declared an offence.

14. Arrest of licence-holder on suspicion.

15. Duty of Magistrate to report conviction to Minister and Order of Minister on such report.

16. Consequences of Order made by Minister under section 15.

17. Rules to be made by the Minister.

18. Interpretation.

SCHEDULE

2 of 1926,

27 of 1928,

24 of 1933,

20 of 1937,

69 of 1938,

55 of 1945.

AN ORDINANCE to amend and consolidate the law relating to the identification and supervision of criminals and their more effective punishment and for their prolonged detention and also to provide for enlarging of convicts upon licences and controlling them when at large.

[Date of Commencement: 1st January, 1929]

1. Short title.

This Ordinance may be cited as the Prevention of Crimes Ordinance.

IDENTIFICATION OF PERSONS PREVIOUSLY CONVICTED

2. Procedure where a person accused of a non-summary crime is suspected of having been previously convicted.

(1) Whenever a person accused of a crime that is not triable summarily has been committed for trial, the Magistrate may at any time after such committal and before the trial cause the accused's fingerprints to be taken in Court and forwarded for identification to the Registrar. For this purpose the Magistrate may delay the transmitting of the record to the Court of Trial until the completion of such further proceedings.

(2) The Registrar shall compare the fingerprints so forwarded with his records of fingerprints and shall issue to the Magistrate a certificate in the prescribed form, stating whether or not the fingerprints forwarded are identical with the fingerprints of a registered criminal and setting out the prescribed particulars of each conviction for a crime entered against such criminal.

(3) If the certificate so issued declares that the accused's fingerprints are identical with those of a registered criminal the Magistrate shall read such certificate to the accused and call upon him to admit or deny separately each of the convictions set-forth therein.

(A) Andβ€”

(i) should the accused make a statement admitting all the convictions, the Magistrate shall record it in the manner provided by section 277 of the Code of Criminal Procedure Act;

(ii) should the accused not make a statement or make a statement denying all or any of the convictions, the Magistrate shall after recording the statement (if any) in the manner indicated above proceed to record in respect of such of the convictions as the accused does not admit the evidence prescribed in section 4.

(4) All proceedings recorded under this section and all documents tendered in connection therewith shall be forwarded to the Attorney-General or to such person as the Attorney-General may direct so as to reach him before the date fixed for the trial.

(5) Any statement or evidence recorded and any document tendered under this section may be put in and read as evidence at the trial at such time after conviction as it becomes material to inquire into the past record and character of the accused.

3. β€”

(1) Where, after summary trial of any person accused of a crime, a Magistrate finds him guilty thereof or without proceeding to conviction proposes to deal with him under section 306(1) of the Code of Criminal Procedure Act, the Magistrate shall, notwithstanding anything in section 185 of the Code of Criminal Procedure Act cause the fingerprints of such person to be taken and forwarded in the manner provided in subsection (1) of section 2 and the Registrar shall issue a certificate as required by subsection (2) of that section.

(2) If the certificate so issued declares that the accused's fingerprints are identical with those of a registered criminal, the Magistrate shall read such certificate to the accused and call upon him to admit or deny separately each of the convictions set-forth therein.

(3) If the accused, on being called upon under subsection (2) β€”

(a) admits all the convictions set-forth in the certificate, the Magistrate shall pass sentence on him according to law;

(b) declines to make any reply or denies all or any of the convictions set-forth in the certificate, the Magistrate shall, before passing sentence on him, proceed to take evidence in proof of such of the convictions as the accused does not admit.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.