8
ត
PUBLIC RECORD OFFICE
गय
Reference :-
C.O.885
I have, &c.,
T. RISELY GRIFFITH,
Administrator.
countries.
The punishment gives little trouble, it is swift and severe, it bears a kind of testimony to the personal power and superiority of the official who awards it, and the more often it is inflicted the more ready to disregard the pain and the suffering which it involves becomes the man who deals in this species of punishment.
8. It seems to me, therefore, that it is the bounden duty of the Secretary of State and of the respective Governors to take strict account of the use to which are put such powers of flogging as the law allows, to carefully investigate any new proposal on the subject, and not to permit any extension of the punishment without the most serious reasons. Otherwise, there must inevitably be, from time to time, a recurrence of such scandals as have in past days been brought to light in British possessions and in foreign colonies.
9. For my own part, I attach much importance to throwing responsibility in the matter upon the Governor in each colony and making his consent a necessary preliminary before a sentence of flogging can be carried out; and I also consider that, over and above the ordinary criminal and prison returns, a special report should be sent to the Colonial Office annually from each colony, showing the number of occasions on which corporal punish- ment has been inflicted during each year, for what offences, and with how many strokes in each case. Such a return will be instructive, enabling a comparison to be made both of colonies and of officials, in respect of their capacity to deal with crime without having constant resort to what should be exceptional measures. This return might include all floggings and not merely floggings for prison offences, which form the special subject of this despatch.
10. My views are embodied in the accompanying model prison rules, which need not be adopted as they stand, but should be noted for future guidance. They do not supersede instructions, if any, given in special cases.
17142.
8
(No.
144
SIR,
No. 2.
ST. CHRISTOPHER-NEVIS.
ADMINISTRATOR T. RISELY GRIFFITH to MR. CHAMBERLAIN.
(Received August 6, 1897.)
Government House, St. Kitts, W.I., 20th July 1897.
I HAVE the honour to acknowledge the receipt upon the 3rd inst. of your Circular Despatch of the 25th May relating to the question of flogging as a punishment for prison offences, which has been very carefully noted by the prison authorities and the Visiting Justices of the gaol in this Presidency.
I transmit herewith a return of the floggings which have taken place in the St. Kitts Gaol for the last two and a half years, viz., from the 1st January 1895 to the 30th June 1897.
It will be noticed therefrom that in three instances out of the five floggings recom- mended by the Visiting Justices to be inflicted, three were reduced by my orders.
I have, &c.,
J. CHAMBERLAIN.
Enclosure in No. 1.
REGULATIONS AS TO FLOGGING FOR PRISON OFFENCES.
(1.) On order of one or more Visiting Justices, after enquiry on oath, and subject in each case to the written approval of the Governor, corporal punishment may be inflicted
male prisoners for the following offences :-
upon
(a.) Mutiny or acts of gross violence or repeated insult to officers or fellow prisoners. (b.) Wilful destruction of prison property.
(c.) Other extraordinary acts of insubordination.
(2.) Corporal punishment shall be resorted to only on very rare occasions, and the number of strokes shall not exceed 24 in the case of adults with an instrument of a type approved by the Governor, and 12, with a birch rod, in the case of juveniles.
(3.) No prisoner shall be flogged until the medical officer has certified that he is fit to undergo the punishment. The medical officer and the keeper of the prison shall be present whenever any sentence of flogging is carried out.
(4.) A return shall be furnished annually to the Secretary of State showing-
(a.) The number of floggings inflicted during the year.
(b.) For what offences inflicted.
(c.) How many strokes in each case.
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7
COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
16177-6
A 2
Character of Prisoner.
REMARKS.
1
An incorrigible frequent offender setting the prison authorities at defiance.
Fair.
N.B. This was a case of wounding.
Do.
Do.
An incorrigible rogue, had undergone every punishment that the prison inflict without avail.
can
The foregoing punishments were inflicted under the authority of Sec. 11., No. 38, of Prison Regulations of 9th May 1892, made pursuant to the provisions of Sec. X. of the Prison Act, 1877. The above quoted clause reads as follows :-- 38.-The following offences committed by male prisoners convicted of felony or sentenced to hard labour will render them liable to corporal punishment :-- 1st. Mutiny or open incitement to mutiny in the prison; personal violence to any officer of the prison, aggravated or repeated assaults on a fellow prisoner, repetition of insult- ing or threatening language to any officer or prisoner.
2nd. Wilfully and maliciously breaking the prison doors, windows, or fix. tures, or otherwise destroying any prison property.
3rd. When under punishment wilfully making a disturbance tending to interrupt the order and discipline of the prison, and any other act of gross misconduct or insubordi- nation requiring to be suppressed by extraordinary means.
W. BLONDEL,
Acting Gaoler.
6.7,97.
Enclosure in No. 2.
H.M. PRISON.
PRESIDENCY SAINT KITTS-NEVIS.
Return of Corporal Punishments Inflicted upon Prisoners from January 1895 to 30th June 1897.
Offence.
Sentence.
Commuted
Sentences.
Do.
1895.
April 23
William Lewis
When under punishment 12 strokes with wilfully making a dis-
B
tamarind
turbance in his cell.
rod.
1896.
October 22
Robert Douglas
Wilfully making a dis- 24 strokes with tamarind
turbance tending interrupt the
to
order
8
rod.
15 lashes with cat-o'-nine-
tails.
Date.
Name.
and discipline of H.M.'s Prison.
Do.
Do.
Do.
(a.) Wilfully causing a disturbance tending to interrupt the order and discipline of the gaol. (b.) Openly inciting the prisoners to mutiny whilst at dinner on the 17th December.
Augustus Swanston Assaulting and beating an officer in the execu-
tion of his duty.
24 strokes with cat-o'-nine
tails.
24 lashes with cat-o-nine-
12 lashes with Fair.
cat-o'-nine-
tails.
tails.
Samuel Garnet
December 19
James Shoy
1897.
May 26...