DISCHARGE OF PRISONERS.
380. Prisoners who have completed their sentences shall be discharged at the following times:-
(1) In cases of sentences exceeding three days, a pnsoner shall be discharged at 6.30 a.m. on the day of expiry of the. sente, .ce, except cases defined in clause 3 of this Regulation. The day of s1mtence and (2)
(3)
the day of expiry each counting as one day.
In cases of sentences of three days or less or where the sentence is of or includes a number of hours, the aggregate of which is less than three days any such sentence of hours shall be calculated on a daily basis of twenty-four hours per day. .A.ny prisoner serving a sentence of three days' imprisonment or less shall be discharged at 9 a.m. on the day of expiry of the sentence. The day of sentence and the day of expiry each counting as one da:y.
Any prisoner who has been sentenced to a term of imprisonment portion of which is ordered to be suspended on the prisoner entering into a recognizance under any section of "The Criminal Code," shall be discharged at 6.30 a.m. on the day such recognizance first takes effect so that any such prisoner is bound by recognizance on his being discharged.
38i. Provided, however, that when for any reason whatever any sentence expires en a Sunday, Christmas Day, New Year's Day, the Birthday of the Sovereign, Good Friday, or Anzac Day, the prisoner shall be discharged at noon the preceding day.
382. The Superintendent may, at his own discretion, permit ,any prisoner on his own request to rep1ain in Prison over night or until he has had his breakfast, or in the case of sickness of a prisoner or other uncontrollable cause and on his own request, until he can be removed from the Prison.
PART
xxm.
REMISSION OF SENTENCES.
SCALE OF REMISSIONS.
SENTENCES EXCEEDING TWELVE MONTHS.
383. Female prisoners serving sentences exceeding twelve months who have no previous recorded convictions of any kind, may be granted a remission of one third of the sentence.
384. Female prisoners serving sentences exceeding twelve months, who have been previously convicted and sentenced to less than three months' imprisonment, whether in default of payment of a fine, or otherwise, and male prisoners serving sentences exceeding twelve months who have not been previously convicted, or who have been previously convicted and sentenced to less than three months' imprisonment, whether in default of payment of a fine or otherwise may be granted a remission of one-quart"lr of their sentence.
385. Male and female prisoners serving sentences exceeding twelve months, who have one such previous recorded conviction and sentence of three months or upwards, whether in default of payment of a fine or otherwise, may be granted a remission of one fifth of the sentence.
386. Male and female prisoners serving sentences exceeding twelve months, who haVJ3 two oi- more such recorded convictions and sentences as referred to in the preceding paragrap_h, may be granted a remission of one sixth of their sentence.
SENTENCES OF TWO MONTHS AND NO'r EXCEEDING TWELVE MONTHS.
387. Male and female prisoners serving sentences of two months and not exceeding twelve months who have no previous recorded convictions of or exceeding 48 hours imprisonment, whether in default of payment of a fine or otherwise, may be granted a remission of one-quarter . of their sentence.
388. Male and female prisoners serving sentences of two months and not exceeding twelve months who have one such conviction as referred to in Regulation 387 ·may be granted a remission of one-fifth of their sentence.
389. Male and female prisoners serving sentences of two months and not exceeding twelve months who have two or more such previous convictions as referred to in Regulation 387 may be granted a remission of one-sixth of their sentence.
390. The following table will illustrate deductions according to remission scale:-
Sentence. One-Fourth Remission. One-Fifth Remission. One-Sixth Remission
SENTENCES OF Two MoNTHs AND NOT ExcEEDING TWELVE MoNTHS.
2 months 15 days 12 days 10 days
3 months 23 days 18 days 15 davs
4 months 1 month 0 days 24 days 20 days
5 months 1 month 8 days 1 month 0 days 25 days
6 months 1 month 15 days 1 month 6 days 1 month 0 days 7 months 1 month 23 days I month 12 days 1 month 5 days 8 months 2 months 0 days 1 month 18 days 1 month 10 days 9 months 2 months 8 days 1 month 24 days 1 month 15 days 10 months 2 months 15 days 2 months 0 days 1 month 20 days 11 months 2 months 23 days 2 months 6 days 1 month 25 days 12 months 3 months 0 days 2 months 12 days 2 months 0 days
SENTENCES EXCEEDING TWELVE MoNTHS.
13 months 3 months 8 days 2 months 18 days 2 months 5 days 14 months 3 months 15 days 2 months 24 days 2 months 10 days 15 months 3 months 23 days 3 months 0 days 2 months 15 days 16 months 4 months· 0 days 3 months 6 days 2 months 20 days 17 months 4 months 8 days 3 months 12 days 2 months 25 days 18 months 4 months 15 days 3 months 18 days 3 months 0 days 19 months 4 months 23 days 3 months 24 days 3 months 5 days 20 months 5 months 0 days 4 months 0 days 3 months 10 days 21 months 5 months 8 days 1 4 months 6 days 3 months 15 days 22 months 5 months 15 days 4 months 12 days 3 months 20 days 23 months 5 months 23 days 4 months 18 days 3 months 25 days 24 months 6 months 0 days 4 months 24 days 4 months 0 days 27 months 6 months 23 days 5 months 12 days 4 months 15 days 30 months 7 months 15 days 6 months 0 days 5 months 0 days 33 months 8 months 8 days 6 months 18 days 5 months 15 days 36 months 9 months 9 days 7 months 6 days 6 months 0 days 42 months 10 months 15 days 8 months 12 days 7 months 0 days 48 months 12 months 0 days 9 months 18 days 8 months 0 days 54 months 13 months 15 days 10 months 24 days 9 months 0 days 60 months 15 months 0 days 12 months 0 days 10 mont.hs 0 days
REMISSION OF SENTENCES.
391. Remission is not a right but a privilege, which may be granted as a reward for complianee with the Regulations and for good conduct and industry.
392. By good conduct and industry is meant not merely the,, ptisoner 's obedience to all rules and Regulations, but a readin~ss to assist in maintaining order, and a willingneBs and genuine desire to maintain steady industry in every employment or work which may be required of him.
393. In accordance with the· seale set out in tl:.ese Regulations, prisoners shall, provided they exhibit good conduct and industry, become eligible or qualify for remission of sentence in proportion to the time to be served by them in prison.
394. For the purpose of sentence and calculating remission the term month shall mean calendar month. Where fractions of a month must be considered for the purpose of sentence or calculation of remission, such periods shall be calculated on the basis of thirty days to a month.
395. Conviction and sentence under any Commonwealth Stat:1te or Law of any State or Country shall be deemed to be a conviction and sentence for the purpose of calculating remission.
396. Det.ention imposed by any Naval, Military, or Air Force Tribunal for any offence against Naval, Military, or Air Foree Ueg\1la tions, shall not be deemed to be a conviction and sentence for the purpose of calculating remission.
397. Detention in a reformatory is one of the Jmnishme:nts provided under ''The Criminal Code.'' A conviction and sentence to a reformatory shall be deemed to be a conviction and sentence for the purpose of calculating remission, irrespective of the age of the prisoner at the time of conviction and detention.
398. No prisoner declared to be an habitual criminal; or who may be sentenced to any preventive detention shall be eligible for remission of the definite term of imprieonment or detention imposed upon him unless such term exceeds two years. If the term does exceed two years he may qualify by good conduct and
indu~try, subject to the provisions of these regulations, for one sixth remission of his sentence.
399. In the case of a prisoner declared to be an habitual criminal the definite term of imprisonment dhall not be reduced by remission to less than two years.
400. In the case , f a prisoner sentenced to preventive detention the definite term of detention shall not be reduced by remission to less than two years.
401. In the ease nf a prisoner serving cumulative sentences imposed on the one date, the united pniod of such sentence is to be deemed the term of sentence and to be taken as Ol'e sentence for the purpose of calculating the a7TWIJ,nt of remission, but cumulative sentences shall not be taken into consideration when calculating tbe scale of remission.
402. Jn the ease of a prisoner serving sentences which are not cumulative by order of the Court, but which may be cumulative in effect, either wholly or in part byreason of delay in the execution of any warrant of commitment, the date of conviction recorded in any warrant shall be taken into consideration when determining the scale and amount of remission to which a prisoner may become eligible on the servitude or the sentence imposed unuer the warrant.
403. Any conviction and judgment for an indictable offence in any Court shall be deemed to be a conviction and sentence for the purpose of calculating the scale of remission due to a prisoner. The period defined in any recognizance or order of a like nature in lieu of actual imprisonment shall be deemeu to be the period of sentence by default when calculating remis~ion; provided that shoulu any prisoner be dealt with for any breach of recognizance or order of a like nature and sentenced to a ·[urther term of imprisonment, any such further term shall not be deemetl to be •m additional conviction or sentence.
404. Any period of a prison~-, 's sentence passed in confinement in a punishment cell shall be deducted from any r nission for which he may qualify.
405. Every prisoner who receives a disorderly mark on conviction for a breach of the Act or Regulations or rules of the Prison shall forfeit two days from any remission for which he may qualify, whether any further punishment be imposeu or not.
406. Every prisoner tierving f. sentence of two months or upwards shall be eligible to qualify for remission of portion of his sentence by good conduct a11<l industry.
407. In cases of a prisoner serving a sentence, portion of which ix suspended on entering into reeogni;;ance, awl who eommitH any bre:wh of R-t>gu!ations l•y reason of which he is orc··ered to be eonfined in a punishment cell, such prisoner shall be required to serve an additional prriod of imprisonment equal to the period of confinement in a punishme;nt cell, plus two days for incurring a disor<krly mark.
408. Before the teJ:th day of each month, the Supcrintendent of ,.,·ny Prison shall forward to the Comptroller-General a return of all prisonrrs in custody becoming eligible for remission and discharge during the following month.
409. If the conduct and industry of each prisoner sltown on the return has been good and he has qualified for the full remission, the Comptroller-General shall certify the correctness of the return and authorise the disc.harge of each prisoner by remission, as shown on the return.
410. In cases where a prisoner ~ommits not more than three breaches of the Act or Regulations during his sentencP, the Comptroller-General may authorise his discharge by remission after deducting from the amount of remission the total period spent in confin<'mcnt. in a punishment cell, plus two days for each disorderly mark incurred hy the prisoner.
411. In cases where a prisoner commits more than three breaches of the Act or Regulations and his conduct and industry have not been good, a separate return giving details of his offences shall be submitted by the Superintendent, with his recommendation thereon, to the Comptroller-General for transmission to and consideration by the Minister, before the discharge of the prisoner, as to whether such prisoner shall forfeit the whole of the remission for which he may qualify or only part of it. Every such case shall be considered in such time as will enable consideration and decision before the due date of discl.arge, had the prisoner been of good conduct and industry.
412. A prisoner shall only be debited with one disorderly mark for any one day which he is disorderly, irrespective of the number of breaches of prison discipline he may commit on any one day.
413. If a prisoner commits an offence against the Act or Regulations after the submission of the return by the Superintendent, and approval of the Minister or Comptroller-General, the Superintendent shall cause the prisoner to forfeit an amount of remission, as prescribed by these Regulations, and shall notify the Comptroller-General of the forfeiture.
414. Prisoners whose conduct and industry continue to be good whilst they are at a Prison Farm shall become eligible for an additional remission of sentence to the extent that every period of twenty-eight days served at a Prison Farm shall constitute the serving of one month of the period for which they are sentenced to be imprisoned. In this Regulation the expression ''prison farm'' includes H.M. State Farm, Numinbah, H.M. State Farm, Stone River, and H.M. State Farm, Palen Creek, and any other Prison which may be designated as a State Farm, or any Prison to which this Regulation may be applied by the Governor in Council.
415. Prisoners sentenced to serve a term of imprisonment of two years or upwards, shall be granted a special remission of one day for every Christmas Day spent in Prison.
416. Prisoners sentenced to imprisonment for two months or more but not exceeding twelve months anu who are eligible for discharge between 25th December and 1st January next following may be discharged on 24th December.
417. Prisoners sentenced to serve upwards of twelve months' imprisonment and who are eligible for discharge between 25th December and 7th January next following may be discharged on 24th December.