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The convict era of Western Australia was the period during which Western Australia was a penal colony of the British Empire. Although it received small numbers of juvenile offenders from 1842, it was not formally constituted as a penal colony until 1849. The first convicts to arrive in what is now Western Australia were convicts of the New South Wales penal system, sent to King George Sound in 1826 to help establish a settlement there.
In December 1828, the British Colonial Office agreed to establish a colony at Swan River in Western Australia. It then issued a circular outlining the conditions of settlement, which stated, “It is not intended that any convicts or other description of Prisoners, be sent to this new settlement. Swan River Colony was established as a “free settlement” in June 1829. Still, in early September the merchant vessel Anglesea grounded at Gage Roads, at the mouth of the Swan River. For the first fifteen years, the people of the colony were generally opposed to accepting convicts, although the idea was in constant circulation almost from the start.
Early in 1831, the Colonel Peter Latour asked permission to transport 300 Swing Riots convicts, but was refused. Governor being anxious to occupy them in this way, if settlers will pay a superintendent. In 1834, Captain Frederick Irwin suggested that the colony take in some Indian convicts for use as labour for the construction of public works. Early in 1839, the Governor of Western Australia, John Hutt, received from the Colonial Office a circular asking if the colony would be prepared to accept juvenile prisoners who had first been reformed in “penitentiaries especially adapted for the purpose of their education and reformation”. As Western Australia was not yet a penal colony, contemporary documents scrupulously avoided referring to the Parkhurst apprentices as “convicts”.
Most historians have since maintained this distinction. An opposing view, held for example by Andrew Gill, is that the Parkhurst apprentices were convicts, and that their apprenticeships constituted convict assignment. Offenders sentenced therein to Transportation, 13 Vic No.