PUNISHMENT OF HABITUAL CRIMINALS ACT - 1963 (ACT 192)
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(1) Where a person who is not less than twenty years of age-
(a) is convicted of any offence other than an offence for which he 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 misdemeanor; and
(c) it appears to the High Court, after enquiring into the circumstances of the case, that by reason of his criminal habits or tendencies or of his association with persons of bad character, it is expedient for the protection of the public that he should be detained in custody for a substantial period,
the Court shall, subject to the next following section, pass (in lieu of any other sentence) a sentence of preventive custody with productive hard labour for such term, not being less than ten years, as the Court may determine.
(2) In this Act the expression "productive hard labour" has the meaning assigned to it by the Public Property (Protection) and Corrupt Practices (Prevention) Act, 1962 (Act 121).
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(1) Where in the case of any offender to whom subsection (1) of the foregoing section applies the High Court has reason to believe that his physical or mental condition is such as to render him unsuitable for a sentence of preventive custody with productive hard labour under that section, the Court shall, before passing such sentence-
(a) cause an enquiry 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 Administrator of the Ministry of Health;
(b) consider the report of the Board and take such further medical evidence concerning the offender as the Court thinks fit; and
(c) furnish the offender or his lawyer with a copy of the report.
(2) Where, having regard to such report or further medical evidence, or to any representations made by or on behalf of the offender, the Court is satisfied that his physical or mental health is such as to render him unsuitable for a sentence of preventive custody with productive hard labour, but for no other reason, the Court shall (in lieu of such sentence) pass such other sentence as is authorised by law in relation to the offence of which he is convicted.
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(1) Where the Court by which an offender to whom paragraphs (a) and (b) of subsection (1) of section 1 of this Act apply is convicted is a Circuit Court, District Court or Local Court, the Court shall not pass sentence upon him but shall commit him for sentence to the High Court, and any enactment relating to the powers of any Court upon committal for trial shall apply, so far as is relevant, to the committal for sentence.
(2) Following such committal the High Court shall have power to deal with the offender as if he had been convicted by that Court of the offence (and, if the offence is an indictable one, as if he had been convicted on indictment) and the conviction and sentence shall be subject to appeal as if he had been so convicted.
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(1) Section 402 of the Criminal Procedure Code, 1960 (Act 30) (which section relates to preventive custody) is hereby repealed.
(2) The repeal of the said section 402 shall not affect any case in which, at the date of the passing of this Act, enquiries are being made under subsection (2) of the said section; and any such case shall continue to be dealt with by the High Court as if this Act had never been passed.
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