Penal Servitude - Definition - Law Dictionary Home Dictionary Definition penal-servitude

Definition :

Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.

The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-

(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.

(2) where under any Act now in force or under any future Act a Court is empowered or required to award a sentence of penal servitude, the Court may, in its discretion, unless such future Act otherwise provides, award imprisonment for any term not exceeding 2 years, with or without hard labour.

By the Penal Servitude Act, 1926 (16 & 17 Geo. 5, c. 58), the Court is given power to inflict penal servitude in lieu of imprisonment in the case of certain crimes.

The principal distinctions between imprisonment with hard labour and penal servitude are that the former is not, and generally speaking cannot be, imposed for more than two years, whereas penal servitude may be imposed for any period (within the limits of the statute governing the punishment for the particular offence) being not less than three years, and that the work done by the prisoner in the case of 'hard labour' is done within the prison, but in the case of penal servitude may be carried out in any place properly appointed for the purpose.