'I'raining Schools (CAP. 436

CHAPTER 436

THE TRAINING SCHOOLS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Cabinet may establish and maintain Training Schools.
4. Public Service Commission may appoint officers thereto.
5 . Cabinet to make regulations for schools.
6. Inmates may live outside on licence.
7. Length of licence and revocation of licence.
8. Inmates quitting a school without leave.
9. Inmate charged before Magistrate to be returned to

school.
10. Who may institute proceedings for neglect of child.
11. Magistrate may send neglected child to a school.
12. Young vagabonds may be sent to a school.
13. Persons under 16 convicted and liable to imprisonment

may be sent to a school.
14. Court not to specify period for which a person is to

remain at a Training School.
15. Form of order.
16. (1) Inmate of school to remain therein till age of 18.
16. (2) Copy of order to be delivered to the superinten-

dent and to be evidence.
17. Time during which a person may be kept at a school.
18. Governor-General may remove inmate from one school

to another.
19. Governor-General may transfer prisoner or pauper

under 16 years of age to a school.
20. Prisoner or pauper removed to school to be subject to

this Act.
21. Governor-General's order to be authority in certain

cases for keeping person at a school.
22. Governor-General may permit inmate to leave.
23. Orders for maintenance.

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CAP. 436) Training Schools

24. How enforced.
25. Contributions to maintenance to be paid to Treasury.
26. Protection to employees in a school.
27. Offences against this Act.
28. As to th; ascertaining of a person's age.

SCHEDULE.

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Training Schools (CAP. 436 3

TRAINING SCHOOLS

(14th May, 1891.) 4/1891.
2/1897.

S.R.0.22/1956.
18/1989.

1. This Act may be cited as the Training Schools Act. Short

2. In this Act- Interpretation.

"Court" means the High Court or any Judge thereof
whether or not sitting as Judge in a Circuit Court
and also any district Magistrate;

"inmaten means any person kept in a Training School
under an order of a Court, or of the Governor-
General under the provisions of this Act;

"Magistrate" means a District Magistrate;

"superintendent" means the person for the time being
in charge of a Training School;

"Training School" means any school established under
this Act for the reformation, education and train-
ing of persons under the age of eighteen years;
they also include the words Reformatory and
Industrial School; and also include any ship or ves-
sel which may be used as a Training School and
also any place where the inmate of any such
Training School is permitted to live outside of
such Training School on licence.

3. It shall be lawful for the Cabinet to establish and ELrj~yd
maintain Training Schools in such parts of Antigua and rnaintainTr&img
Barbuda as they may think fit, and the provisions of this Act SchoO'S.
shall apply to any schools established under any repealed Act.

4. The Public Service Commission may appoint such E&Ec:rnay
superintendents, matrons, instructors and servants to such appoint officers
Training Schools as aforesaid as may be necessary, provided thereto.

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4 CAP. 436) Training Schools

that the total liability thereby incurred shall not exceed
such amounts as have been previously voted by Parliament
for the purpose aforesaid and every such person may
receive such salary as may be provided for the office by
Parliament and all such persons as aforesaid shall hold their
appointments during pleasure.

Cabinet to make
regulations for 5 . The Cabinet may make regulations with respect
schools. to the following matters:

(a) The management of a Training School;

( 6 ) The discipline and punishment of the inmates
of a Training School;

(c) The maintenance, instruction and employ-
ment of the inmates of a Training School;

(d) The conveyance of inmates or persons about
to become inmates of a Training School to and from
the same;

( e ) The sanitary care of inmates of a Training
School;

V) The defining of the period during which the
inmates of a Training School may be therein kept
regard being had to the reformation, education and
training of such inmates;

(g) The allowing of the conditional or uncondi-
tional departure from a Training School of the inmates
thereof;

( h ) The permitting of inmates to live outside the
Training school on licence, and also the form of such
licence;

(i) The enforcing of any regulations made under
this section by fine, whipping, imprisonment or other
punishment and such regulations when made and
published in the Gazette shall until cancelled by deemed
to be of the same force in law as if they had been enacted
in this Act:

Proviso. Provided that all regulations made under this Act shall
be laid before Parliament for approval after the making of
such regulations:

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Training Schools (CAP. 436 5

Provided also that no act or thing which has been done
under the authority of any such regulations shall be deemed
to be unlawful or invalid.

6. Subject to the provisions of any regulations the Imatesmay live
outside on licence.

superintendent may at any time with the sanction of the
Governor-General by licence under his hand permit any
inmate to live outside a Training School with any trust-
worthy and respectable person willing to receive and take
charge of him.

7. such licence as aforesaid may be for any time Lengthoflicence
and revocation of which the Governor-General may direct, and may be licence.

revoked at any time by the superintendent by writing under
his hand, and after the expiration or revocation of any such
licence as aforesaid the inmate to whom it relates may be
required to return to the Training School.

8. Any inmate of a Training School and any inmate 2z7422ya
of a Training School who is permitted to live outside such leave.
school on licence who (i) without leave quits such school or
(ii) quits the control of the person with whom he is permit-
ted to live or (iii) refuses to return to such school when a
licence has expired or been revoked may be arrested with-
out a warrant and brought back to the Training School and
if the superintendent thinks fit such inmate may be charged
on complaint before a Magistrate and shall on conviction be
liable to be imprisoned for a period not exceeding three
months.

9. Any person charged before a Magistrate under the inmate charged before Magistrate
last preceding section shall be returned to the Training to be returned to
School under an order of the Magistrate; forthwith if not school.
convicted, and on the satisfaction of the order made by the
Magistrate, if convicted.

10, h y board, authority or person which or whom gcz;?'i;:t$
the Governor-General may appoint for the purpose may neglect of ~hild.
institute proceedings against any parent or person having
charge of a child apparently under the age of fourteen years
who wilfully neglects to provide adequate food, clothing,
medical aid o r lodging for such child whereby the health of

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6 CAP. 436) Training Schools

Magistrate may
send neglected
chid to a school.

Young vagabonds
may be sent to a
school.

Persons under 16
convicted and
liable to imprison-
ment may be sent
to a school.

Court not to
specify period for
which a person is
to remain at a
Training School.

Form of order.

Schedule.

such child has been or is likely to be seriously injured, and
may pay the costs of such proceedings out of the funds
voted to such board, authority or person by Parliament.

1"l. Where any such board, authority or person as
aforesaid has instituted such proceedings as in the last pre-
ceding section mentioned and it is proved to the satisfaction
of the Magistrate that the parent or person having charge of
such child as therein mentioned has been guilty of neglect
as therein menlioned whether wilful or otherwise it shall be
lawful for the Magistrate to order such child as aforesaid to
be taken to a Training School.

12. Where any person apparently under the age of
sixteen years is found wandering about without having any
fixed abode or any visible means of support or in the com-
pany of rogues, vagabonds, disorderly persons or reputed
criminals he may be brought before a Magistrate and the
Magistrate may order him to be taken to a Training School.

13. Whenever any person who in the judgment of
the Court before which he is charged is apparently under
the age of sixteen years is convicted of an offence punish-
able with imprisonment or with imprisonment with hard
labour either summarily or upon indictment such Court as
aforesaid instead of imposing a sentence of imprisonment
or imprisonment with hard labour may order him to be
taken to a Training School.

14. Where any Court orders any person to be sent or
taken to a Training School, the court shall not specify the
period during which such person as aforesaid is to remain
in such Training School except so far as relates to the maxi-
mum age up to which he may remain an inmate of a
Training School as prescribed by this Act.

15. Where any Court orders any person to be sent or
taken to a Training School whether under the provisions of
this or any other Act now or hereafter to be in force in
Antigua and Barbuda empowering a Court to send any per-
son to a Training School the order may be in the form set
forth in the Schedule, or as near thereto as the circum-
stances of the case allow or in any other form which may be
allowed or prescribed by such other Act as aforesaid.

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Training Schools (CAP. 436 7

16. (1) Where any person is ordered to be sent or Inmate OF school to remain therein
taken to a Training School whether under the provisions of till ace of 18.
this Act or under tlhe provisions of any Act now-or hereafter
to be in force he may be taken to a Training School and
shall be subject to the provisions of this Act and shall remain
at such Training School until he attains the age of eighteen
years unless he be sooner allowed to depart therefrom by
order of the Governor-General.

(2) A copy of the order shall be delivered to the super- Copy of order to
intendent of the Training School to which such person is ~ , " $ ~ ~ ~ ~ ~ ~ ~ t t h e
sent, and shall be full and sufficient authority to any person andtobe evi-
to convey the person mentioned in the order to the superin- dence.
tendent of a Training School and to the superintendent of
any Training School to keep the person so named in the
order. A copy of any such order purporting to be signed by a
Judge or Magistrate or clerk shall be admitted as prima facie
evidence in any Court without proof of the signature and
without proof that such order has been rightly made.

1'7. It shall be lawful for the superintendent of a Tieduring
which a person Training School to keep any person ordered to be sent or maybe keptat a

taken to a Training School until such person shall be known school.
to have attained the age of eighteen years, or for such time
as may be prescribed by the regulations made by the
Governor-General as hereinbefore mentioned:

Provided that he shall not remain in such school after
he is known to have attained the age of eighteen years.

18. The Governor-General may at any time order Governor-General
may remove

that any inmate of a Training School be removed to another imate from
Training School: school to another.

Provided that he shall remain in any such school after Proviso.
he is known to have attained the age of eighteen years.

19. The Governor-General may order that any per- $ p ~ I ~ ; ; ~ " _ '
son apparently under the age of sixteen years who is under- o,rorpauper
going a sentence of imprisonment in any prison in Antigua under16yemsof

age to a school.
and Barbuda or who is an inmate of any poor-house be
removed and taken to a Training School.

20. Any person removed from a prison or poor- Prisoneror pauper removed
house to a Training School as in the last preceding section toschoo~ to be
mentioned shall be subject to all the provisions of this Act as subject tothis*ct.

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8 CAP. 436) Training Schools

though he had been originally sent to a Training School by
a Court.

Govemor-
General's order to ,21. Any order under the hand of the Governor-
bea~thorityin General as in sections 18 and 19 mentioned shall be of the
certain cases for same authority to the superintendent of the Training keeping person at
a school. School to whom it is directed for the kee~ing. thereat of the

I "
person named therein as if it had been issued by a Court as
mentioned in section 14.

Govem0"Gene"' 22. It shall be lawful for the Governor-General at
may permit
a t e any time to permit any inmate of a Training School to leave

such school either unconditionally or conditionally.

Orders for 23. A Magistrate may on the application of a super-
maintenance. intendent or of any person authorized in writing by a super-

intendent order that any person liable by law to support any
inmate shall contribute such sums and at such times as the
Magistrate may allow, for the support of such inmate.

HOW enforced. 24. Every order made on any person to contribute
to the maintenance of an inmate of a Training School shall
specify the time during which payment of such contribution
is to be made and may direct the payment to be made till
further order and every such order may be enforced as if it
was an order made by a District Magistrate to pay a fine on a
summary conviction in the manner and form prescribed by

Cap. 255. the Magistrate's code of Procedure Act. The superinten-
dent of any Training School or any person authorized by
him in writing may at any time enforce compliance with
such order.

Contributions to 25. The payment made in respect of every such con-
maintenance to be
paid to tribution shall be paid into the Treasury.

Protection to
employees in a

26. Every person employed in a Training School
school. shall when acting within the scope of his employment have

and enjoy the same privileges and protections as a police or
prison officer has and enjoys under any law for the time
being in force relating to the Police Force, or to the custody
of prisoners.

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Training Schools (CAP. 436 9

27. Every person who- Offences against this Act.
( a ) knowingly assists directly or indirectly any

inmate of a Training School to quit such school except
as provided by this Act; or

(b ) directly or indirectly induces any inmate of a
Training School to quit such school except as provided
by this Act; or

(c) knowingly harbours conceals or prevents from
returning to such school as aforesaid any inmate there-
of who has quitted the same except as provided by this
Act;

may be prosecuted on complaint before a District
Magistrate under the Magistrate's Code of Procedure Act,
and shall on conviction be liable to be imprisoned with or
without hard labour for a period not exceeding four
months or to pay a fine not exceeding one thousand dollars.

28. When the exact age of any person subject or A ~ t o f h e a ~ c e r -
taining of a

likely or alleged to be subject to the provisions of this Act is person'sse.
unascertainable, it shall be sufficient for all the purposes of
this Act to ascertain the approximate age of such person.
And no person acting bonafide under this Act shall be liable
in an action for any act done thereunder where the plaintiff
claims damages upon the ground that he was either over or
under a certain age when the act complained of was done.

SCHEDULE

In the High (or Magistrate's) Court.

ANTIGUA AND BARBUDA

To X. Y., and to the Superintendent
of the Training School at

WHEREAS A. B. of was on this day convict-
ed before the High Court (or the Magistrate for district
.........................) for that (stating the offence as in

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10 CAP. 436) Training Schools

the conviction) and was liable to be sentenced to be
imprisoned in the common prison of (and there to
be kept to hard labour) [or WHEREAS A.B., of

was on this day found by me the Magistrate for
distriet to be subject to the provisions of
the section of this Act (or as the case may be) and
was ordered to be sent to the Training School.]

THESE ARE THEREFORE to command you the said X. Y.,
or to take the said A. B., and him safely to con-
vey to the Training School at aforesaid and
there to deliver him to the said superintendent thereof together
with this order and I do command you the said superintendent to
receive the said A. B. into your custody in the said school and
there to keep him until he shall attain the age of eighteen years,
or, until he shall sooner be lawfully allowed to depart from such
school.

Given under my hand and the seal
of this Court this

of , 19 at
in Antigua and Barbuda.