Punishment of Habitual Criminals Act, 1963 Act 192 (Revised Edition)

ACT 192
Punishment ofHabitual Criminals Act, 1963
ACT 192
PUNISHMENT OF HABITUAL CRIMINALS ACT, 1963
ARRANGEMENT OF SECTIONS
SECTION
1. Punishment of habitual criminal offenders. 2. Medical examination of offender in certain cases. 3. Convictions by Circuit, District and Local Courts. 4. Repeal and transitional provision. 5. Construction of this Act. ACT 192 OF 1963
PUNISHMENT OF HABITUAL CRIMINALS ACT, 19631
AN ACT to provide for the punishment of habitual criminal offenders and for pur
poses connected therewith. 1.

ISHMENT OF HABITUAL CRIMINALS ACT, 19631
AN ACT to provide for the punishment of habitual criminal offenders and for pur
poses connected therewith. 1.

Punishment of habitual criminal offenders
(1) Where a person who is not less than twenty years of age
(a) is convicted of an offence other than an offence for which that person is
liable to suffer death, and
(b) has been convicted previously of at least two offences, each of which is
either a felony or a misdemeanour, and
(c) it appears to the High Court, after enquiring into the circumstances of the
case, that by reason of that person’s criminal habits or tendencies or of that
person’s association with persons of bad character it is expedient for the
protection of the public that that person should be detained in custody for a
substantial period,
the Court shall, subject to section 2, pass, in lieu of any other sentence, a sentence of pre
ventive custody with productive hard labour for a term, which is not less than ten years,
that the Court may determine. (2) In this Act the expression “productive hard labour” has the meaning assigned
to it by the Public Property Protection Act, 1977.2
1. This Act was assented to on th October, 1963. 2. S.M.C.D. 140. VI-5051 [Issue 1]

aning assigned
to it by the Public Property Protection Act, 1977.2
1. This Act was assented to on th October, 1963. 2. S.M.C.D. 140. VI-5051 [Issue 1]

ACT 192
Punishment ofHabitual Criminals Act, 1963
2. Medical examination of offender in certain cases
(1) Where in the case of an offender to whom subsection (1) of section 1 applies the
High Court has reason to believe that that person’s physical or mental condition renders
that person unsuitable for a sentence of preventive custody with productive hard labour
under that section, the Court shall, before passing sentence
(a) cause an inquiry to be held into, and a written report to be made on, the
physical and mental health of that offender by a medical board consisting
of not fewer than two suitably qualified medical practitioners appointed by
the Court after consultation with the Chief Medical Officer,
(b) consider the report of the board and take any further medical evidence con
cerning the offender that the Court thinks fit, and
(c) furnish the offender or the offender’s lawyer with a copy of the report.

medical evidence con
cerning the offender that the Court thinks fit, and
(c) furnish the offender or the offender’s lawyer with a copy of the report.

(2) Where, having regard to the report or further medical evidence, or to any repre
sentations made by or on behalf of the offender, the Court is satisfied that the offender’s
physical or mental health tenders the offender unsuitable for a sentence of preventive
custody with productive hard labour, but for no other reason, the Court shall, in lieu of
that sentence, pass any other sentence that is authorised by law in relation to the offence
of which the offender is convicted. 3. Convictions by Circuit, District and Local Courts
(1) Where the Court by which an offender to whom paragraphs (a) and (b) of subsec
tion (1) of section 1 applies is convicted is a Circuit Court, District Court or Local Court,
the Court shall not pass sentence on the offender but shall commit the offender for sen
tence to the High Court, and an enactment relating to the powers of a Court on committal
for trial shall apply, so far as is relevant, to the committal for sentence.

gh Court, and an enactment relating to the powers of a Court on committal
for trial shall apply, so far as is relevant, to the committal for sentence.

(2) Following the committal the High Court shall have power to deal with the of
fender as if the offender had been convicted by that Court of the offence, and, if the of
fence is an indictable one, as if the offender had been convicted on indictment, and the
conviction and sentence shall be subject to appeal as the offender had been so convicted. 4. Repeal and transitional provision
(1) Section 402 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30)
(which section relates to preventive custody) is hereby repealed. (2) The repeal of section 402 shall not affect a case in which, at the date of the pass
ing of this Act, enquiries are being made under subsection (2) of that section; and that
case shall continue to be dealt with by the High Court as if this Act had never been
passed. 5. Construction of this Act
This Act shall be read as one with the Criminal and Other Offences (Procedure)
Act, 1960 (Act 30). [Issue 1] VI - 5052