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New South Wales act
The Act repeals old Imperial punishment clauses for piracy and replaces capital sentences with a custodial sentencing regime—penal servitude (including life), fixed-term servitude, or imprisonment—while allowing courts to order hard labour and limited solitary confinement.
It affects people convicted of piracy or related accessory roles (who may face equal penalties), leaves offence definitions to the retained Imperial statutes, and shifts costs and operational burden to the prison system and the State.
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Direct links to the current provisions in Piracy Punishment Act 1902.
2 Repeals
The Act second Victoria number ten, so far as the same adopts the Imperial Act first Victoria chapter eighty-eight is hereby repealed, except as to offences committed and things done or commenced before the passing of this Act, which shall be dealt with and continued, and in respect of which every right and liability shall remain as if this Act had not been passed.
3 Repeal of so much of certain Acts as relates to punishment
So much of the Imperial Acts mentioned in the Schedule hereto as relates to the punishment of the crime of piracy or of any offence by any of the said Acts declared to be piracy or of accessories thereto, is hereby repealed.
4 Punishment where piracy accompanied by assault with intent to murder etc
Whosoever with intent to commit, or at the time of, or immediately before, or immediately after, committing the crime of piracy, in respect of any ship or vessel, assaults with intent to murder any person being on board of or belonging to such ship or vessel, or
stabs, cuts, or wounds any such person, or unlawfully does any act by which the life of any such person may be endangered
shall be liable to penal servitude for life.
s 4: Am 1985 No 59, Sch 1.
5 Punishment in other cases
Whosoever commits any offence which by any of the Imperial Acts mentioned in the Schedule hereto amounts to the crime of piracy and is thereby made punishable with death, shall be liable to penal servitude for life or for any term of years not less than fifteen or to imprisonment for any term not exceeding three years.
6 Punishment of accessories
In the case of every felony punishable under this Act:
every principal in the second degree, and every accessory before the fact shall be punishable in the same manner as the principal in the first degree is by this Act punishable, and
every accessory after the fact shall be liable to imprisonment for any term not exceeding two years.
s 6: Am 1985 No 59, Sch 1.
7 Where persons may be sentenced to imprisonment, hard labour or solitary confinement may be ordered
Where any person is convicted of an offence punishable under this Act for which imprisonment may be awarded, the Court
may sentence the person to be imprisoned, or imprisoned and kept to hard labour in the common gaol or house of correction, and
may direct that the person be kept in solitary confinement for any portion or portions of such imprisonment or imprisonment with hard labour not exceeding one month at any one time, and not exceeding three months in any one year.
8 Nothing herein to affect Acts regulating management of prisons
Nothing in this Act shall affect the provisions of any Act relating to the management and control of prisons.
Schedule
(Sections 3, 5)
| Reference to Act | Title or short title | | 28 Hen VIII, c 15 | For Pirates. | | 11 & 12 W III, c 7 | An Act for the more effectual suppression of piracy. | | 4 Geo I, c 2, s 7 | An Act for the further preventing robbery, burglary, and other felonies; and for the more effectual transportation of felons and unlawful exporters of wool; and for declaring the law upon some points relating to pirates. | | 8 Geo I, c 24 | An Act for the more effectual suppressing of piracy. | | 18 Geo II, c 30 | An Act to amend an Act made in the eleventh year of the reign of King William the Third intituled an Act for the more effectual suppression of piracy. |
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Piracy Punishment Act 1902.
2 Repeals
The Act second Victoria number ten, so far as the same adopts the Imperial Act first Victoria chapter eighty-eight is hereby repealed, except as to offences committed and things done or commenced before the passing of this Act, which shall be dealt with and continued, and in respect of which every right and liability shall remain as if this Act had not been passed.
3 Repeal of so much of certain Acts as relates to punishment
So much of the Imperial Acts mentioned in the Schedule hereto as relates to the punishment of the crime of piracy or of any offence by any of the said Acts declared to be piracy or of accessories thereto, is hereby repealed.
4 Punishment where piracy accompanied by assault with intent to murder etc
Whosoever with intent to commit, or at the time of, or immediately before, or immediately after, committing the crime of piracy, in respect of any ship or vessel, assaults with intent to murder any person being on board of or belonging to such ship or vessel, or
stabs, cuts, or wounds any such person, or unlawfully does any act by which the life of any such person may be endangered
shall be liable to penal servitude for life.
s 4: Am 1985 No 59, Sch 1.
5 Punishment in other cases
Whosoever commits any offence which by any of the Imperial Acts mentioned in the Schedule hereto amounts to the crime of piracy and is thereby made punishable with death, shall be liable to penal servitude for life or for any term of years not less than fifteen or to imprisonment for any term not exceeding three years.
6 Punishment of accessories
In the case of every felony punishable under this Act:
every principal in the second degree, and every accessory before the fact shall be punishable in the same manner as the principal in the first degree is by this Act punishable, and
every accessory after the fact shall be liable to imprisonment for any term not exceeding two years.
s 6: Am 1985 No 59, Sch 1.
7 Where persons may be sentenced to imprisonment, hard labour or solitary confinement may be ordered
Where any person is convicted of an offence punishable under this Act for which imprisonment may be awarded, the Court
may sentence the person to be imprisoned, or imprisoned and kept to hard labour in the common gaol or house of correction, and
may direct that the person be kept in solitary confinement for any portion or portions of such imprisonment or imprisonment with hard labour not exceeding one month at any one time, and not exceeding three months in any one year.
8 Nothing herein to affect Acts regulating management of prisons
Nothing in this Act shall affect the provisions of any Act relating to the management and control of prisons.
Schedule
(Sections 3, 5)
| Reference to Act | Title or short title | | 28 Hen VIII, c 15 | For Pirates. | | 11 & 12 W III, c 7 | An Act for the more effectual suppression of piracy. | | 4 Geo I, c 2, s 7 | An Act for the further preventing robbery, burglary, and other felonies; and for the more effectual transportation of felons and unlawful exporters of wool; and for declaring the law upon some points relating to pirates. | | 8 Geo I, c 24 | An Act for the more effectual suppressing of piracy. | | 18 Geo II, c 30 | An Act to amend an Act made in the eleventh year of the reign of King William the Third intituled an Act for the more effectual suppression of piracy. |