New South Wales Consolidated Acts

HABITUAL CRIMINALS ACT 1957 - SECT 8

8 Conditions under which offender may be arrested

(1) A licence, granted to an habitual criminal under the provisions of section 7 of the Habitual Criminals Act 1905-1952 and in force immediately before the commencement of this Act, and the conditions endorsed thereon shall, notwithstanding anything contained in this Act, continue to have full force and effect until the period specified in the licence has expired and the licence shall be deemed to have been granted and the conditions shall be deemed to have been endorsed on the licence under the provisions of section 7 of this Act.

(2) If an habitual criminal or a former habitual criminal:

(a) is proved to the Local Court to have failed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal to comply with a condition of such licence, or

(b) is convicted before the Local Court of any offence punishable on summary conviction for which imprisonment for a period exceeding three months may be imposed, such offence having been committed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal, or

(c) is convicted before the Local Court of an indictable offence punishable summarily, such offence having been committed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal,

then the Local Court shall, in addition to passing sentence upon such habitual criminal or former habitual criminal for any offence of which he or she is so convicted, by warrant commit such habitual criminal or former habitual criminal to appear at such sittings of the Supreme Court or the District Court as the Local Court may direct, and the provisions of the Criminal Procedure Act 1986 , relating to warrants of commitment for trial, shall apply mutatis mutandis to any such warrant.

(3) If an habitual criminal or a former habitual criminal is convicted on indictment of an offence committed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal then the judge before whom such habitual criminal or former habitual criminal is so convicted may, in addition to passing sentence upon such habitual criminal or former habitual criminal for that offence, deal with such habitual criminal or former habitual criminal as hereinafter in this section provided.

(4) Where it appears to a registrar of the District Court from information in the registrar's possession:

(a) that an habitual criminal or a former habitual criminal has been convicted:

(i) before the Local Court of an offence mentioned in paragraph (b) or (c) of subsection (2), or

(ii) on indictment,

and that the offence of which he or she was so convicted was committed during the period endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal, and

(b) that the Magistrate or judge before whom such habitual criminal or former habitual criminal was so convicted was not aware that such offence was committed during such period,

the registrar may make application to a judge for an order that such habitual criminal or former habitual criminal, if he or she is in custody, be brought before that or some other judge, or for a warrant for the arrest of such habitual criminal or former habitual criminal, if he or she is at large, and the judge to whom the application is made may make such order or issue such warrant.

(5)

(a) Any judge:

(i) before whom an habitual criminal or a former habitual criminal appears pursuant to a warrant issued under subsection (2), or

(ii) authorised by subsection (3) to deal with an habitual criminal or a former habitual criminal, or

(iii) before whom an habitual criminal or a former habitual criminal is brought pursuant to any order or warrant made or issued under subsection (4),

may sentence such habitual criminal or former habitual criminal to imprisonment for a term not exceeding fourteen years:
Provided that a former habitual criminal shall not be sentenced by a judge under the provisions of this paragraph unless the judge first pronounces such former habitual criminal to be an habitual criminal:
Provided further that where an habitual criminal or a former habitual criminal is brought before a judge pursuant to any order or warrant made or issued under subsection (4) the judge shall not sentence such habitual criminal, or pronounce such former habitual criminal to be an habitual criminal and sentence him or her, under the provisions of this paragraph, unless the judge is satisfied as to the matters mentioned in paragraphs (a) and (b) of the said subsection (4).

(b) Any sentence of imprisonment being served by any such habitual criminal or former habitual criminal at the time he or she is sentenced by a judge under the provisions of this subsection shall be served concurrently with the sentence imposed under those provisions.

(6) Any member of the police force who reasonably suspects that an habitual criminal or a former habitual criminal has failed to comply with any one or more of the conditions endorsed on the licence held by such habitual criminal or previously held by such former habitual criminal, may arrest such habitual criminal or former habitual criminal and bring him or her before the Local Court to be dealt with in accordance with this section.

(7) In this section:

"habitual criminal" means an habitual criminal who is the holder of a licence granted or deemed to have been granted under the provisions of section 7.

"former habitual criminal" means a person who has ceased to be an habitual criminal and who, while the person was an habitual criminal was the holder of a licence granted or deemed to have been granted under the provisions of section 7.