11.
PUBLIC RECORD OFFICE
Reference :-
TITLTIC.O.885
7
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
Ord. No. 18 of 1893,
1. 62.
B. 64.
Ord. No. 7
46 to 50.
8
(d) Every adjudication of whipping or flogging carried out in a prison shall be carried out in the presence of the surgeon of the prison or of some other duly qualified medical practitioner, and such surgeon or practitioner shall have power, on the ground of the illness or infirmity of the person in respect of whom the adjudication was made, to direct any abatement of the number of strokes or lashes or the postponement of the carrying out of the adjudication. (e) Each whipping or flogging shall be executed continuously and not with intervals
between parts of the same whipping or flogging.
(ƒ) No person shall, after having been flogged, be again flogged, whether under the same or a different adjudication, until the expiration of fourteen days from the former flogging.
(9) A child who is adjudged to be whipped shall be whipped by a prison officer in
the
of the keeper of the prison, or by a police or other constable in presence the presence of an officer or non-commissioned officer of police, and also in the presence, if he desires to be present, of the guardian of the child, and such whipping may be at once inflicted, unless the child or the guardian of the child forthwith gives notice of an appeal against the conviction and complies with the requirements of the law for the time being in force relating to appeals from the decisions of Magistrates' Courts.
Magistrates are required by an imperative Departmental instruction to report to the Government Secretary without delay any sentence of flogging they may order; and the circumstances of each case receive the careful consideration of the Governor before any such sentence is executed.
A sentence of flogging for prædial larceny has been annulled by the Acting Governor within the last few days.
(II.)—Indictable Offences.
The Supreme Court may order the infliction of whipping or flogging for (a) wounding with intent to cause grievous bodily harm, and (6) disabling with intent to commit an indictable offence.
The rules and regulations governing the infliction of whipping or flogging ordered by the Supreme Court are materially the same as those under the first head of this note.
(III.)-Prison Offences.
The Inspector of Prisons may after due enquiry upon oath and on proof that any of 1892, 8.8. convict or criminal prisoner has been guilty of any of the following offences, namely, assault or threat of assault on any prison officer, aggravated assault on any other person, persistent idleness or negligence at work, insubordination, or riotous, disorderly or mutinous conduct, sentence such convict or prisoner
(a) To be kept in separate confinement on bread and water for any period not exceeding 18 days, every alternate one, two or three days, as may be ordered, being on bread and water; or
(b) To be kept in separate confinement in a punishment cell for any period not
exceeding 72 hours; or
(c) If a male, to be whipped.
The keeper of any convict prison or of any joint prison may, after due enquiry upon oath and on proof that any male convict in his custody has assaulted or has threatened to assault any prison officer, sentence such convict to be whipped.
Whipping shall be inflicted in the case of a prisoner who is 18 years
age
of and over with a cat-o'-nine-tails or a birch rod, and in the case of a prisoner who is under 18 years of age or is an East Indian immigrant with a birch rod.
The instrument in both cases shall be of a pattern for the time being approved by the Governor.
9
The number of lashes or strokes inflicted on a prisoner 18 years of age and over shall not exceed 36, and on a prisoner under 18 years of
age, 18. No sentence of whipping shall be carried into execution unless and until the surgeon of the prison has examined the prisoner and has certified in writing that he is able to undergo the sentence.
Every infliction of whipping shall be attended by the keeper and the surgeon of the prison.
No sentence of whipping passed upon any criminal prisoner shall be carried into execution until a full report of all the circumstances of the case has been made by the Inspector of Prisons to the Government Secretary for the information of the Governor, and unless the sanction of the Governor has been first obtained.
In every case where a convict or a criminal prisoneris whipped the Inspector of Prisons and the keeper of the convict or joint prison, as the case may be, shall forthwith trausmit a full report of all the circumstances of the case to the Government Secretary for the information of the Governor, accompanied by a report from the surgeon of the prison as to the effect of such punishment upon the health of such convict or prisoner.
A condensed return is appended shewing the punishments of whipping or flogging inflicted by order of the Magistrates, the Supreme Court and the Inspector of Prisons, respectively, during the
year 1896-97.
27th July 1897.
1896-97.
SENTENCES of CORPORAL Punishment.
Flogging.
Whipping.
By order of the Magistrates...
7
0
By order of the Supreme Court
6
0
By order of the Inspector of Prisons for prison offences, one convict, for insubordination,
and three convicts, for disorderly conduct, received eighteen lashes with the cat-o'-nine- tails
18206.
(No. 315.)
SIR,
No. 6.
JAMAICA.
GOVERNOR SIR H. A. BLAKE to MR. CHAMBERLAIN.
(Received August 19, 1897).
Kings House, Jamaica, 30th July 1897.
WITH reference to your Circular Despatch dated the 25th May last, I have the honour to forward herewith a letter from the Inspector-General of Prisons, enclosing a return showing the number of floggings inflicted in the prisons of this colony during the last six years, for what offences and with how many stripes in each case.
2. I also forward a statement prepared by the Inspector-General of Prisons, showing in what respects the Prisons Rules of the colony differ from the model rules, a copy of which was enclosed in your circular.
16177-
I have, &c.,
HENRY A. BLAKE,
Governor.
B