supplies or services essential to life". Such a proclamation lasts only one month, unless renewed. The Legislative Assembly must be called within
10 days.
In a state of emergency, the Governor has wide powers by regulation to secure the essentials of life, to secure public safety and to maintain good order, but he cannot alter the criminal law or impose military or industrial conscription. Regulations have to be laid before the Legislative Assembly and do not take effect unless confirmed by the Assembly within seven days.
14. Only one such state of emergency has had to be declared in recent years. That was in September 1988 in response to Hurricane Gilbert. Although regulations were prepared, it was not necessary to bring them into operation.
15. There are similar powers under the Emergency (Public Security) Law (Revised) 1978, where the Crown is engaged in war or war is imminent. In this case there is no requirement for approval by the Legislative Assembly of such regulations.
Article 6
16.
The abolition of the death penalty was last debated in the Legislative Assembly in 1977, when Members voted to retain it. Under the Penal Code 1975, only those convicted of piracy, treason or murder may be sentenced to death. By section 13 of the Royal Instructions 1972, the Governor has power to grant pardon or reprieve in capital cases.
Article 7
17. Apart from recourse to law, complaints against the police may be made to the Commissioner of Police. He will conduct an inquiry and take whatever action, including disciplinary proceedings, which may be necessary.
18.
Under the Prison Rules 1981, solitary confinement of prisoners may be authorized only by a principal prison officer in appropriate disciplinary cases for a maximum of three days, subject to the approval of the chief medical officer. The prisoner has a right of appeal against such an award to the Director of Prisons.
19. On 8 December 1988, the United Kingdom ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This ratification was extended to the Cayman Islands.
Article 10
20. The proposed prison that was mentioned in the first report was completed in 1981 at Northward and provides accommodation for all prisoners in the Islands. Prisoners of Jamaican origin, however, are occasionally repatriated to serve their sentences in Jamaica. There are at present 170 prisoners, of whom 22 are women, and 17 are young offenders under 21. Women prisoners are strictly segregated from men, under the direct supervision of female officers. Accommodation for convicted adult prisoners and those on remand are each separate but, because of the size of the prison and staff resources, there is inevitably mixing during the day, but only at mealtimes and during outside social and recreational activities.