INDUSTRIAL AND REFORMATORY SCHOOLS ORDINANCE

INDUSTRIAL AND REFORMATORY SCHOOLS ORDINANCE

CHAPTER 225.

THE INDUSTRIAL AND REFORMATORY SCHOOLS

ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page
1. Short title ............................. ... ... ... ... ... 195
2. Interpretation .......................... ... ... ... ... ... 195

CERTIFIED INDUSTRIAL SCHOOLS.
3. Certification of school or institution as industrial school 196
4. Manager may make rules ................. ... ... ... ... 196
5. Yearly report on conditions; withdrawal of certificate ... 196
6. Relinquishment of certificate upon notice ... ... ... ... 196
7. Effect of withdrawal or relinquishment of certificate ... 197
8. Privilege and liability of manager ..... ... ... ... ... 197
9. Regulations as to remission of sentences ... ... ... 198

GOVERNMENT REFORMATORY SCHOOLS.
10. Governor may establish reformatory schools ... ... ... 198
11. A prison or part thereof may be declared a reformatory
school ................................. ... ... ... ... ... 198
12. Appointment of officers ................... ... ... ... ... 198
13. Regulations for reformatory schools .... ... ... ... ... 198

VISITORS.
14. Appointment of visitors ................... ... ... ... ... 198
15. Powers and duties of visitors .......... ... ... ... ... ... 198

YOUTHFUL OFFENDERS.
16. Reformatories and industrial schools lawful places of
detention .............................. ... ... ... ... 199
17. Order for detention of youthful offenders ... ... ... 199
18. Religious persuasion of youthful offender ... ... ... 120
19. Duties of manager; boarding out of persons under ten ... 120
20. Discharge of offender ........ ............ ... ... ... 201
21. Power to apprentice youthful offender ... ... ... ... ... 201





EXPENSES.
Section Page
22. Expenses of certified industrial schools ... ... 202
23. Expenses relating to youthful offenders, power to contract 202
24. Order against parent for contribution ... ... ... ... ... 202

OFFENCES.

25. Punishment of refractory offender ...... ... ... ... ... 203
26. Escape of offender ..................... ... ... ... 204
27. Prosecution of detained person ......... ... ... ... ... 204
28. Penalties for assisting escape .. . .... ... ... ... ... 204

GENERAL.

29. Provisions as to custody................ ... ... ... ... 205
30. Orders of the Governor ................. ... ... ... ... ... 205
31. Presumptions ........................... ... ... ... ... 205
32. Evidence of certification .............. ... ... ... ... 20Q
33. Service of notice ...................... ... ... ... ... ... ... 206
34. Order not invalidated by false assumption as to age ... 206
35. Power to make regulations .............. ... ... ... 207
36. Saying................................ ... ... ... ... ... ... ... 207





CHAPTER 225.

INDUSTRIAL AND REFORMATORY SCHOOLS.

To provide for and regulate industrial and reformatory
schools.
[20th November, 1933.]

1. This Ordinance may be cited as the Industrial and
Reformatory Schools Ordinance.

2. In this Ordinance-
'youthful offender' means any offender who, in the absence
of legal proof to the contrary, is, in the opinion of the
court before whom such person is brought or appears,
seven years of age or upwards and under the age of
sixteen years ;
'child' means a person under the age of fourteen years;
-young person' means a person of fourteen years or
upwards and under the age of sixteen years;
'order of detention' means an order of detention made in
pursuance of this Ordinance;
'parent', when used in relation to a youthful offender,
includes a guardian and any other person legally liable
to maintain such youthful offender;
'expenses', when used in relation to a person detained
under an order of detention, includes the expenses of
or in connexion with the custody, industrial training,
education and maintenance of the person ;
'industrial training' means actual employment in
agriculture or horticulture or training in some branch
of useful industry;
'mananger' includes the superintendent, manager or
managers of any reformatory school established by the
Government and the director, manager, superintendent
or other person having the management or control of
any certified industrial school ;
-certified industrial school' means any school or institution
certified by the Governor under this Ordinance;
'reformatory school' means any school or institution
established by the Government under the provisions and
for the purposes of this Ordinance;





'visitor' means any person appointed by the Governor
under this Ordinance to be a visitor of any reformatory
or certified industrial school.

Certified Industrial Schools.

3. The Governor in Council may, upon the application
of the manager of any school or institution in which indus-
trial training is provided, and in which children or young
persons are fed, clothed and lodged as well as taught, certify
by writing under the hand of the Governor that the school
or institution is fit for the reception of youthful offenders
to be sent there under this Ordinance, and thenceforth the
school or institution shall be deemed a certified industrial
school.

4. (1) The manager of a certified industrial school
may make all necessary rules not repugnant to this
Ordinance for the regulation and management of the
institution under his charge.

(2) No such rules shall be enforced until they have
been submitted to and approved of by the Governor in
Council.

5. (1) A report of the condition and management of
every certified industrial school shall be made to the
Governor in Council at least once in each year by such
person as the Governor appoints.

(2) If after his report the Governor in Council is dis-
satisfied with the condition and management of the school
he may withdraw his certificate, and upon notice in writing
of such withdrawal having been given to the manager
thereof the school shall cease to be a certified industrial
school from such time as is specified in such notice.

6. (1) The certificate given to any certified industrial
school may be relinquished by the managers upon giving six
months' previous notice of such intention, or by the executors
and administrators of a deceased manager (if only one) upon
giving one month's previous notice.

(2) At the expiration of six months or one month, as
the case may be, from the date of such notice, unless before





that time the notice is withdrawn, the certificate shall be
deemed to be relinquished.

7. (1) Whenever the certificate is withdrawn from or
relinquished by the manager of a certified industrial school,
no youthful offender shall be received into such school under
this Ordinance after the date of the receipt by the manager
of the school of the notice of withdrawal, or after the date
of the notice of relinquishment, as the case may be.

(2) The obligation of the manager to educate, clothe,
lodge and feed any youthful offender in the school at the
respective dates aforesaid shall, excepting so far as the
Governor otherwise directs, be deemed to continue until the
withdrawal or relinquishment of the certificate takes effect,
or until the contribution by Government towards the custody
and maintenance of the youthful offender detained in the
school is discontinued, whichever first happens.

(3) When the withdrawal or relinquishment of the
certificate of an industrial school takes effect, the persons
committed to the care thereof or detained therein shall be,
by order of the Governor, either discharged or transferred,
in the case of youthful offenders, to some other certified
industrial school the managers of which are willing to receive
and detain them or to a reformatory school, and in the case
of the others, to some other institution or certified industrial
school the managers of which are willing to receive them.

(4) A notice of the grant of any certificate to an
industrial school or of the withdrawal or relinquishment of
such certificate shall forthwith be inserted, by order of the
Governor, in the Gazette. [8

8. The manager of a certified industrial school may
decline to receive any youthful offender proposed to be
sent to him under this Ordinance, but when he has once
received him shall be deemed to have undertaken to educate,
clothe, lodge and, feed him during the whole period for
which he is liable tobe detained in the school, or until the
withdrawal or relinquishment of the certificate takes effect,
or until the contribution by Government towards the custody
and maintenance of the youthful offender detained in the
school is discontinued, whichever first happens. [7





9. The Governor in Council may make regulations for
tl remission of the sentences of persons detained in certified
industrial schools.

Government Reformatory Schools.

10. (1) The Governor in Council may, by order to be
published in the Gazette, establish one or more reformatory
schools for the reformation of youthful offenders.

(2) Every such order shall specify the premises in
which the reformatory school to which it refers shall be
established, and shall state whether the same shall be used
for male or female offenders or both.

11. The Governor in Council may declare any existing
or future prison or part thereof to be a reformatory school
within the meaning and for the purposes of this Ordinance.

12. The Governor may appoint to every reformatory
school a superintendent or manager and such other officers,
either male or female, as may be deemed necessary, and
allow to the said officers such remuneration as he thinks
proper.

13. The Governor in Council may make regulations for
the management of every reformatory school so established
as aforesaid, for the maintenance of order and discipline of
the persons detained therein as well as of the officers thereof
and for the remission of the sentences of persons detained therein.

Visitors.

14. The Governor may appoint one or more fit and
proper person or persons to be the visitor or visitors of
reformatory or certified industrial schools, and may remove
every such visitor and appoint another in his stead.

15. (I) Every person so appointed and every judge of
the Supreme Court member of the Executive or Legislative
Council or magistrate may enter at all times any reformatory
or certified industrial school, and may make such inquiries
or examination therein as to him appears necessary, and
also make such reports as are required by the Governor.





(2) Any manager who at any time refuses admittance
to any such visitor, or to any judge of the Supreme Coi
or to any member of the Executive or Legislative Council,
or to any magistrate, or offers to him any hindrance or
obstruction, shall be liable on summary conviction to a fine
of fifty dollars.

Youthful Offenders.

16. Every reformatory school and every certified indus-
trial school shall be a lawful place of detention for such
youthful offenders as are ordered to be detained therein,
and shall be subject to be inspected and reported on as
herein provided.

17. (1) When a youthful offender is convicted before
any court of an offence punishable, in the case of an adult,
by fine imprisonment the court may, in addition to or in
lieu of sentencing him according to law to any other
punishment, order such offender to be sent to a reformatory
or certified in industrial school there to be detained for any
period not less than two and not longer than five years and
not being in any case longer than until such offender attains
the age of eighteen years: Provided that the offender shall
not in addition be sentenced to imprisonment.

(2) Where such an der has been made in respect of
a youthful offender of the age of fourteen years or upwards,
and no reformatory or certified industrial school can be
found the managers of which are willing to receive him, the
Governor may order the offender to be brought before the
court which made the order or any court having the like
jurisdiction, and that court may make such order or pass
such sentence as the court may determine, so however that
the order or sentence shall be such as might have been
originally made or passed in respect of th offence.

(3) The court may in addition to making an order of
detention under the foregoing subsections make an order
that the youthful offender be placed under the sup vision of
a probation officer.

(4) The court making an order of detention may of its
own motion, or on the application of any person, from time
to time by order, vary or


by an order of detention fix a date when such order shall come
up before the court for consideration.

(5) An order of detention made in pursuance of this
section may, if the court think fit, be made to take effect
either immediately or at a later date specified therein, regard
being had to the age or health of the youthful offender.

(6) If-
(a) an order of detention is made but is not to take
effect immediately; or
(b) at the time specified for the order to take effect
the youthful offender is unfit to be sent to a
reformatory or certified industrial school; or
(c) the school to which the youthful offender is to be
sent cannot be ascertained until inquiry has been
made;
the court may make an order committing him either to
custody in any place to which he might be committed on
remand or to the custody of a relative or other fit person
or institution named by the court and he shall be kept in
that custody accordingly until he is sent to a reformatory
or certified industrial school in pursuance of the order of
detention.

18. In selecting the place of detention to which a
youthful offender is to be sent the court shall have regard,
so far as practicable, to the religious persuasion of the
youthful offender.

19. (1) It shall be the duty of the manager of a
reformatory or certified industrial school to report to the
Governor immediately he considers it would be consistent
with the welfare of a youthful offender for him to be dis-
charged from the custody of the school.

(2) The manager of a reformatory or certified industrial
school to which a youthful offender under the age of ten
years is sent, may, with the consent of the Governor, board
the offender out with any suitable person until he reaches
the age of ten years and thereafter for such longer period,
with the consent of the Governor, as the manager considers
to be advisable in the interests of the offender, subject to
the exercise by the manager of such powers as to supervision,





recall and otherwise as may be prescribed by rules made by
the Governor in Council ; and where an offender is so
boarded out he shall nevertheless be deemed for the purposes
of this Ordinance to be a youthful offender detained in the
reformatory or certified industrial school, and the provisions
of this Ordinance shall apply accordingly, subject to such
necessary adaptations as may be made by order. of the
Governor in Council.

20. (1) The Governor may at any time discharge a
youthful offender from the custody of any reformatory or
certified industrial school, or order such youthful offender
to be removed from one school to another or from a school
of one class to a school of another class, but so that the
period of detention originally prescribed by the order of
detention shall not be increased by such removal.

(2) The discharge of a youthful offender under the
foregoing subsection may be on licence and the licence may
be in such form and may contain such conditions as the
Governor may direct and the Governor may at any time
revoke or vary the conditions of a licence.

Where a licence has been revoked the youthful
offender to whom the licence related shall return to such
place as the Governor may direct, and if he fails so to do
may be apprehended without warrant and taken to that
place.

(4) On the revocation of a licence, any obligation to
contribute to the expenses of the youthful offender shall
revive and be in force during the period for which the
youthful offender is detained.

(5) The discharge of a youthful offender under the
provisions of this section shall not affect any order placing
him under the supervision of a probation officer.

Power to apprentice youthful offender.

21. (1) The manager of a reformatory or certified
industrial school may, if the youthful offender consents there-
to and with the approval of the Governor, bind any youthful
offender detained under this Ordinance as an apprentice
notwithstanding that his period of detention has not expired.





(2) Any youthful offender who is bound as aforesaid
and who absconds from the service of his mastei shall be
liable to be arrested without warrant and brought before a
court of competent jurisdiction and shall be liable to imprison-
ment for three months and may be ordered by the court to
return to the place in which he was detained before his
apprenticeship there to complete his period of * detention :
Provided that such youthful offender shall not be detained
longer than until he attains the age of eighteen years.

Expenses of Certified Industrial Schools.

(i) The Governor in Council may order the pay-
ment from the Treasury of such sums of money and upon
such conditions as he thinks fit towards the alteration,
enlargement, rebuilding or equipment of a certified industrial
school, or towards the purchase *of any land required for the
use of an existing certified industrial school, or for the site
of any school intended to be a certified industrial school. -

(2) No payment for the. alteration, enlargement, equip-
frient, egtablishinent or building of a certified industrial school
or intended certified industrial school, or for the purchase of
land, shall be ordered or made unless previously approved
by resolution of the Legislative Council.

Expenses relating to youthful offenders.

23. The Governor or any person appointed by him may
contract with the manager of any certified industrial school
for the reception and maintenance therein of any youthful
offender in consideration of such payments as are agreed on.

24. (1) Any court having power to order a youthful
offender to be sent to a reformatory or certified industrial
school shall have power to make orders on the parent of the
youthful offender to contribute for the whole or any part of
the expenses of the youthful offender during the period of
detention such sums as the court may think fit and may of
its own motion, or on the application of any person, from
time to time revoke or vary such orders or remit wholly or
partially any payment ordered to be made under this section.





(2) Any such order may be made on the complaint or
application of the manager of the reformatory or certified
industrial school to which the youthful offender is ordered to
be sent or on the complaint or application of the Commis-
sioner of Police and either at the time when the youthful
offender is ordered to be sent to the reformatory or certified
industrial school or subsequently, and the surns ordered to.
be contributed shall be paid to such persons as the court
may name.

(3) A court having power to make an order for contribu-
tion under this section may issue an order requiring the
parent to attend and show cause why an order for contribution
should not be rnade, and an order for contribution under this
section may be made on a parent who, having been required
to attend, has failed to do so, but, save as aforesaid, no such
order shall be made without giving the parent or guardian
an opportunity of being heard.

(4) A court making an order for contribution under this
section shall have regard to the means of the person on
whom such order shall be made.

(5) Any sums ordered to be contributed by a parent
under this section may be recovered from him by distress or
imprisonment in like manner as if the same were a fine legally
imposed on him by the court.

(6) Where an order for contribution has been made
under this section the person on whom such order has been
made shall give notice of any change of address to the
Commissioner of Police and, if lie fails to do so without
reasonable excuse, he shall be liable on summary conviction
to a fine of one hundred dollars.

Offences in relation to Reformatory and
Certified Industrial Schools.

25. Any youthful offender detained in a reformatory or
certified industrial school who-
(a) wilfully neglects or wilfully refuses to conform to
the rules thereof; or
(b) is guilty of wilful insubordination against the dis-
cipline thereof;





shall be liable to be punished in the manner prescribed by
the rules of the said reformatory or certified industrial
school.

26. Any youthful offender detained in a reformatory
or certified industrial school who escapes therefrom may, at
any time before the expiration of his period of detention, be
apprehended without warrant and brought back to the place
in which he was detained there to complete his period of
detention : Provided that such youthful offender shall not
be detained longer than until he attains the age of eighteen
years.

27. (1) Any youthful offender who during his period
of detention in a reformatory or certified industrial school
commits any crime or offence against the laws of the Colony
shall be liable to be prosecuted before the courts of the
Colony on account of such offence.

(2) If found guilty and sentenced to imprisonment on
account thereof, he shall, after completing the term of
imprisonment, be taken back to the reformatory or certified
industrial school wherein he was detained or such other
reformatory or certified industrial school as the Governor may
direct there to complete his period of detention : Provided
that such youthful offender shall not be detained longer than
until he attains the age of eighteen years.

28. Any person who-
(a) knowingly assists or induces, directly or indirectly,
a youthful offender to escape from any reformatory
or certified industrial school wherein he is detained;
or
(b) knowingly harbours, conceals or prevents from
returning to such reformatory or certified industrial
school any youthful offender who has escaped
therefrom or knowingly assists in so doing,
shall be liable on summary conviction to a fine of one thou-
sand dollars or to imprisonment for six months.





General.

29. (1) The order of detention made by a court in
pursuance of which a youthful offender is sent to a reforma-
tory or certified industrial school shall be in writing under
the hand of the presiding magistrate and the seal of the
court and shall be delivered with the youthful offender to
the manager of the reformatory or certified industrial school
and shall be sufficient authority for his detention therein, or
in any other place to which he is transferred in pursuance
of this Ordinance, in accordance with the tenor thereof.
(2) A youthful offender whilst so detained and whilst
being conveyed to and from a reformatory or certified indus-
trial school shall be deemed to be in legal custody and if he
escapes may be apprehended without warrant and taken to
the place wherein he was detained or to or from which he
was being conveyed.
(3) Every officer of a reformatory or certified industrial
school authorized by the manager thereof or by the court to
take charge of any youthful offender ordered to be detained
under this Ordinance, for the purpose of conveying him to
or from the school or of apprehending and bringing him back
to the school in case of his escape or refusal to return, shall
for that purpose and while engaged in that duty have all
the powers, protection and privileges of a police officer.

30. (1) Every order, authority or direction which by
the provisions of this Ordinance may be given by the Gover-
nor shall be in writing.

(2) A copy under the hand of the Colonial Secretary
shall be evidence of any such order, authority or direction
purporting to be contained therein until the contrary is
shown.

31. (1) The production of the order, warrant or other
document, in pursuance of which a child or young person is
directed to be sent to a reformatory or certified industrial
school, or committed to the care or custody of a society or
institution, with a statement indorsed thereon or annexed
thereto purporting to be signed by the manager to the effect
that the child or young person named therein was duly
received into and is at the date of the signing thereof in such
school, or by the secretary of such society or institution to





the effect that such child or young person was duly taken
into the custody or care of such society or institution and is
at the date of signing thereof still in their care or custody,
or has been otherwise dealt with according to law, shall in
all proceedings relating to such child or young person be
Prima facie evidence of the identity and of the lawful deten-
tion or disposal of the child or young person named in such
order, warrant or other document.
(2) A school to which any youthful offender is ordered
to be sent in pursuance of this Ordinance shall, until the
contrary be proved, be presumed to be a reformatory or
certified industrial school within the meaning of this
Ordinance.

32. (1) The production of the Gazette containing a
notice of the grant or withdrawal of the certificate by the
Governor to or from an industrial school, or of the relinquish-
ment of such certificate, shall be sufficient evidence of the
fact of a certificate having been duly granted to or with-
drawn from the school named in the notice or relinquished
by the manager thereof.
(2) The grant of a certificate to an industrial school may
be proved by the production of the certificate itself or of
a copy of the same purporting to be signed by the Colonial
Secretary.
(3) A copy of the rules of a reformatory or certified
industrial school purporting to be signed by the Clerk of
Councils, shall be evidence of such rules in all legal pro-
ceedings whatsoever.

33. Any notice required to be given to a manager of
a reformatory or certified industrial school may be served on
him by being delivered personally to him.or by being sent
by post or otherwise in a letter addressed to him at the
school.

34. Where a person charged with an offence is brought
before a court and it appears to the court that he is above
the age of seven and under the age of sixteen years an order
or judgment of the court shall not be invalidated by any
subsequent proof that the age of that person has not been
correctly stated or presumed or declared by the court, and
the age presumed or declared by the court to be the age of





the person so brought before it shall, for the purposes of
ihis Ordinance, be deemed to be the true age of that person;
and where it appears to the court that the person so brought
before it is of the age of sixteen years or upwards, that
person shall for the purposes of this Ordinance be deemed
not to be a youthful offender.

35. The Governor in Council may make regulations
for carrying this Ordinance into effect, and in particular
for prescribing the forms to be used for the purpose of legal
proceedings thereunder or otherwise.

36. Save in so far as other provision is expressly made
in this Ordinance, nothing in this Ordinance shall be deemed
to affect any other law relating to children or young persons.
6 of 1932. 21 of 1933. 22 of 1950. Short title. Interpretation. 21 of 1933, s. 2. [s. 2 cont.] Certification of industrial schools. 21 of 1933, s. 3. Manager may make rules. Report on conditions. Withdrawal of certificate. Managers or executors or administrators of sole manager may relinquish certificate 21 of 1933, s. 4. Effect of withdrawal or relinquishment of certificate. 21 of 1933, s. 5. Privilege & liability of managers. Regulations as to remission of sentences. Governor may establish reformatory schools. Any prison or part thereof may be declared a reformatory school. Governor may appoint officers to reformatory schools. Governor may make regulations for reformatory schools. Visitors. Powers and duties of visitors. Penalty for obstructing visitors and others having the right of inspection. Reformatory and certified schools lawful places of detention. Order of detention. 21 of 1933, s. 6. [s. 17 cont.] Religious persuasion of offender to be considered. Duties and powers of manager. 21 of 1933, s. 7. Discharge of offender. Power to apprentice offender. [s. 21 cont.] Expenses of certified industrial schools. Power to contract with managers. Expenses of offenders. Punishment of refractory offender. [s. 25 cont.] Escape of offender. Prosecution of detained person committing offence. Penalties for assisting escape. 22 of 1950, Schedule. Provision as to custody of person detained. Orders of the Governor. Presumptions. 21 of 1933, s. 8. [s. 31 cont.] Evidence of certification. Service of notice. Order not to be invalidated by subsequent proof of age. Power to make regulations. Saving.

6 of 1932. 21 of 1933. 22 of 1950. Short title. Interpretation. 21 of 1933, s. 2. [s. 2 cont.] Certification of industrial schools. 21 of 1933, s. 3. Manager may make rules. Report on conditions. Withdrawal of certificate. Managers or executors or administrators of sole manager may relinquish certificate 21 of 1933, s. 4. Effect of withdrawal or relinquishment of certificate. 21 of 1933, s. 5. Privilege & liability of managers. Regulations as to remission of sentences. Governor may establish reformatory schools. Any prison or part thereof may be declared a reformatory school. Governor may appoint officers to reformatory schools. Governor may make regulations for reformatory schools. Visitors. Powers and duties of visitors. Penalty for obstructing visitors and others having the right of inspection. Reformatory and certified schools lawful places of detention. Order of detention. 21 of 1933, s. 6. [s. 17 cont.] Religious persuasion of offender to be considered. Duties and powers of manager. 21 of 1933, s. 7. Discharge of offender. Power to apprentice offender. [s. 21 cont.] Expenses of certified industrial schools. Power to contract with managers. Expenses of offenders. Punishment of refractory offender. [s. 25 cont.] Escape of offender. Prosecution of detained person committing offence. Penalties for assisting escape. 22 of 1950, Schedule. Provision as to custody of person detained. Orders of the Governor. Presumptions. 21 of 1933, s. 8. [s. 31 cont.] Evidence of certification. Service of notice. Order not to be invalidated by subsequent proof of age. Power to make regulations. Saving.

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