Convicts' Licences Act

Link to law: http://laws.gov.ag/acts/chapters/cap-101.pdf
Published: 0000

Convicts' Licences (CAP. 101 1

CHAPTER 101

THE CONVICTS' LICENCES ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. License and discharge of prisoners.
4. Rights of licence-holder.
5 . Duties and liabilities of licence-holder.
6. Licence forfeited on subsequent conviction.
7. Liabilities of licence-holder when at large.
8. Punishment for failing to produce licence etc.
9. Apprehension of suspected licence-holder.

10. Procedure.
11. Magistrate to forward to Governor-General certificate

of conviction.
12. Apprehension on revocation of licence.
13. Licence-holder convicted of an offence to undergo

remainder of original term.
14. Power to frame forms.
15. Power of pardon not affected.

FIRST SCHEDULE.
SECOND SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Convicts' Licences (CAP. 101 3

CONVICTS' LICENCES

1. This Act may be cited as the Convicts' Licences Short
Act.

2. In this Act- Interpretation.
d c imprisonment" means imprisonment in a prison, with

or without hard labour, as the case may be;

"licence-holder" means person to whom a licence is
granted under this Act, and who holds or is entitl-
ed to hold such licence;

"prison" means prison established under the Prison Act;

"prisoner" means person undergoing, or hereafter to
undergo imprisonment, whether under sentence of
any Court of Antigua and Barbuda or of any
Colony, the term of whose original sentence was,
or shall not be, less than two years.

3. (1) The Governor-General may, by order under License and
discharge of his hand, grant to any prisoner in Antigua and Barbuda a prisoners.

licence to be at large in Antigua and Barbuda during such
portion of his imprisonment as to the Governor-General may
seem fit; and the Governor-General may, by order under
his hand, revoke or alter such licence, at his pleasure.

(2) Such licence may be in the form in the First First
Schedule, or in such other form as the Governor-General
may order.

(3) O n any licence being granted, a copy thereof shall
be kept in the Governor-General's office and another copy
thereof shall be sent to the Commissioner of Police and shall
be kept by him at his office.

LAWS OF ANTIGUA AND BARBUDA

CAP. 101) Convicts' Licences

Rights of licence-
holder.

Duties and
liabilities of
licence-holder.

Licence forfeited
on subsequent
conviction.

Liabilities of
licence-holder
when at large.

(4) Any person to whom a licence is granted under this
Act shall be set at liberty in Antigua and Barbuda.

4. So long as a licence shall continue in force and un-
revoked, the licence-holder shall not be liable to be imprisoned
by reason of his sentence, but shall be allowed to go and
remain at large according to the terms of such licence.

5 . Every licence-holder shall, within forty-eight hours
after he is set at liberty, notify the place of his residence to
the Magistrate of the district in which he resides, and,
whenever he changes such residence within the same district,
shall notify such change of residence to the Magistrate of
such district, and, whenever he changes his residence from
the district of one Magistrate into the district of another
Magistrate, he shall notify such change of residence to the
Magistrate of the district which he is leaving, and also to
the Magistrate of the district into which he goes to reside.
And every licence-holder shall, once in every month, report
himself and the lace of his residence either to the Commis-
sioner of Police or to the police officer in charge of the nearest
police station, and such report shall be made at such time
in the month, and either personally or by letter, as the Com-
missioner of Police may direct, and it shall be the duty of
every police officer who receives any such report to forward
the same immediately to the Commissioner of Police.

6. If any licence-holder is convicted, either by the ver-
dict of a jury or upon his own confession, of any offence
for which he is indicted, his licence shall be forthwith forfeited
by virtue of such conviction.

7. If any licence-holder who is at large in Antigua
and Barbuda remains in any district after he is set at liberty
for forty-eight hours without notifying his place of residence
to the Magistrate of the district in which such place is situated,
or fails to comply with the requisitions of section 5 of this
Act on the occasion of any change of residence, or with the
requisitions of the said last mentioned section as to repor-
ting himself once in each month, he shall in every such case,
unless he proves to the satisfaction of the Court before whom
he is tried that he did his best to act in conformity with the
law, be guilty of an offence under this Act punishable sum-
marily, and, upon conviction thereof, his licence may, in

LAWS OF ANTIGUA AND BARBUDA

Convicts' Licences (CAP. 101 5

the discretion of the Court, be forfeited, or, if the original
term of imprisonment in respect of which his licence was
granted has expired at the date of his conviction, it shall
be lawful for the Court to sentence him to imprisonment,
with or without hard labour, for a term not exceeding six
months, or, if the said original term of imprisonment has
not expired but the remainder unexpired thereof is a lesser
period than six months, then in addition to the forfeiture
of his licence, to sentence him to imprisonment, with or
without hard labour, to commence at the expiration of the
said original term of imprisonment, for such a time as
together with the remainder unexpired of his said original
term of imprisonment will not exceed six months.

8. If any licence-holder- Punishment for
failing to

(a) fails to produce his licence when required so ~ ~ c ~ d U C e licence
to do by any Judge or Magistrate before whom he is
brought charged with any offence, or by any constable
or police officer in whose custody he is, and also fails
to make any reasonable excuse for not producing the
same; or

(b) breaks any of the other conditions of his licence
by an act that is not of itself punishable either upon
indictment or upon summary conviction;

he shall be deemed guilty of an offence punishable summarily
by imprisonment for any period not exceeding three months,
with or without hard labour.

9. Any constable or police officer may, without war- Apprehension of
suspected licence- rant, take into custody any licence-holder whom he holder.

reasonably suspects of having committed any offence, or of
having broken any of the conditions of his licence, and may
detain him in custody until he can be taken before a
Magistrate and dealt with according to law.

10. Any offence under this Act may be prosecuted Procedure.
summarily before a Magistrate.

1 1. Where any holder of a licence granted under this ~~~~~:~ to
Act is convicted of an offence punishable summarily under ~ ~ ~ e r ~ o ~ - ~ e n e r a l
this or any other Act, the Magistrate convicting the prisoner ~ ~ ~ ~ ~ . O f
shall, without delay, forward by post or otherwise to the
Governor-General, a certificate in the form in the Second

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6 CAP. 101) Convicts' Licences

Second Schedule. Schedule, and thereupon the licence of the said licence-holder
may be revoked in manner provided by this Act.

Apprehension on
revocation of

12. Whenever the Governor-General revokes a licence
licence. and signifies such revocation to a Magistrate, such Magistrate

shall, if the licence-holder be not already in custody,
immediately issue his warrant for his apprehension. On any
licence-holder being brought before any Magistrate, either
on such warrant or otherwise, after the Governor-General's
revocation signified as aforesaid, the Magistrate shall, by
warrant under his hand, commit such licence-holder to prison
and thereupon the licence-holder shall be remitted to his
original sentence and shall undergo the residue thereof as
if no licence had been granted.

Licence-holder
convicted of an

13. Where a licence is forfeited by a conviction for
offence to any offence, the licence-holder, after undergoing the punish-
undergo ment for the offence in consequence of which his licence is
remainder of

term. forfeited, shall further undergo a term of imprisonment equal
to the portion of his term of imprisonment that remains
unexpired at the time his licence was granted, and he shall
for such purpose be committed to prison under the order
of the Court or Magistrate before whom he is convicted,
there to be dealt with accordingly.

Power to frame 14. The Governor-General may, from time to time,
forms. if necessary, cause to be framed forms to be used under this

Act and may, from time to time, alter or annul any of such
forms.

Power of pardon
not affected.

15. Nothing in this Act shall affect Her Majesty's
royal prerogative of mercy, or any like prerogative or power
vested in the Governor-General.

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Convicts' Licences (CAP. 101 7

FIRST SCHEDULE S.3

LICENCE

Antigua and
Barbuda.

1, Governor-General
of Antigua and Barbuda in exercise of the powers in
this behalf in me vested, do hereby grant to

who was convicted of
at the High Court, on the day of
in the year 19 , and was then and there sentenced to be kept
to imprisonment,
and is now confined in the Prison in
this my licence to be at large in Antigua and Barbuda, from the
day of liberation under this my order, during the remaining portion
of the said term of imprisonment, unless the said
shall, before the expiration of the said term, be convicted of some
indictable offence within Antigua and Barbuda, in which case this
licence will be immediately forfeited by law, or unless the licence
be revoked by me in accordance with the provisions of the Con-
victs' Licences Act.

This licence is given subject to the conditions indorsed
hereupon, and, upon the breach of any such conditions, this licence
will be liable to be revoked, whether such breach is followed by
a conviction or not.

And I the said Governor-General do hereby order that the said
be set at liberty within days from the date

of this my order.

Given under my hand at the Governor-General's Office in
Antigua and Barbuda, this day of

19

CONDITIONS

1. The holder shall preserve this licence, and produce it
when called upon to do so by a Magistrate or police officer.

2. The holder shall abstain from any violation of the law.

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CAP. 101) Convicts' Licences

3. The holder shall not habitually associate with notoriously
bad characters, such as reputed thieves and prostitutes.

4. The holder shall not lead an idle and dissolute life,
without visible means of obtaining an honest livelihood.

If this licence is revoked by the Governor-General the holder
will be liable to undergo a term of imprisonment equal to the por-
tion of his term of
years which remained unexpired when this licence was granted
viz: - the term of years. And if
this licence is forfeited in consequence of a conviction of the holder
for any offence, the holder will be liable to undergo the unexpired
term of imprisonment above mentioned, in addition to the punish-
ment inflicted on him for such offence.

SECOND SCHEDULE S. 11

I do hereby certify that
the holder of a licence under the Convicts' Licences Act, was,
on the day of 1 9 duly
convicted by me of the offence of
and sentenced to

(Signed)
Magistrate,
District.
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