397
PUBLIC RECORD
ICE
་ ་།
Reference :-
C.O. 885
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ALLY WITHOUT PERMISSION OF THE :
PUBLIC RECORD OFFICE MIDONI
BE REPRODUCED PHOTOGENPHIC-
COPYRIGHT PHOTOGRAPH---NOT TO
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in the most special cases. While admitting that the case of the Colonies is not exactly parallel with that of England, since lack of funds frequently prevents the provision of adequate prison accommodation, and the staff-largely composed of natives-is necessarily often unsatis- factory, the circular noted the danger of the perversion of public opinion through the ten- dency of resorting to the lash as a substitute for more expensive and troublesome methods of deterrence and reform. It alluded also to the possibility of the misuse of the punishment --especially at out-stations by gaolers who might probably enough be in some cases men of rough fibre, and laid down as a general principle that strict account should be taken of the use made of such powers of flogging as the law allows, and that any new proposals on the subject should be carefully investigated, with a view to preventing extension of the punishment without the most adequate reasons.
The practical suggestions were two. In the first place, as far as possible, responsibility was thrown on the Governor in each Colony by making his consent a necessary preliminary before a sentence of flogging could be carried out. This suggestion applied only to floggings for prison offences, as in such cases alone, in the absence of fresh legislation, could the proposal be carried into effect by a mere executive order. In the second place it was required 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 punishment had been inflicted during each year, for what offences, and with how many strokes in each case. This return was to include all floggings, and not merely those for prison
offences.
These suggestions were embodied in the draft prison regulations, by which the punishment, in the case of prison offences, was restricted, in accordance with the English practice, to extra- ordinary cases of insubordination, as mutiny or acts of gross violence or repeated insult to officers or fellow prisoners, or wilful destruction of prison property. The order of one or more visiting Justices after enquiry on oath was required, and the number of strokes was limited to 34 in the case of adults, to be inflicted by an instrument to be approved by the Governor, and to 18, with a hirch rod, in the case of juveniles. No prisoner was to be flogged until he had been certified to be fit to undergo the sentence by a medial officer, and the Medios] Officer and the Keeper of the prison were to be present on each
that the
ciruslar
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AFRICAN COLONIES.
Gambia.-The maximum number of strokes 1163/00. in the case of adults is reduced from 36 to 24, the number in the case of juveniles needing no amendment. This is confirmed by 16 of 1902.
Sierra Leone.-The maximum numbers in the case of adults and juveniles are reduced to 24 and 12 respectively from 36 (19 of 1899; 3 of 1900; 4 of 1901).
Gold Coast.-The maximum number in the case of adults is reduced to 24 from 36 (16 of 1901).
Northern Nigeria.-The maximum number in 18568/02. the case of adults is reduced to 24 from 86.
Southern Nigeria.--The maximum numbers 12312/02.
in the case of adults and juveniles are reduced to 24 and 12 respectively from 36.
Lagos.-The maximum number in the case of adults is reduced to 24 from 36 (7 of 1902); and the Governor has been instructed to pass the model ordinance.
44380/02.
Basutoland.-Instructions have been given to 917/97-98. all magistrates to observe carefully the rules laid· down in the Circular.
Bechuanaland Protectorate.-Malingering is 22678/98. added to the list of offences for which the punishment could be inflicted, and the maximum number of lashes is left at 25.
Zululand.-The maximum number of strokes 17832/97. was left at 25, and the territory now forms part
of Natal.
St. Helena-Flogging is practically unknown, but the maximum numbers are reduced to 24
and 12 respectively (7 of 1902).
Transvaal.-The only instrument in use is a 42245/01. rattan, and efforts have been made with con- 9579/02. siderable success to reduce the number of floggings.
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WEST INDIAN.
Jamaica. Instructions have been given by 18818/99.
the Governor that the maximum numbers in the
case of adults and juveniles should be restricted
to 24 and 12 respectively, and a law to this effect is now being drafted.
48104/08.
British Honduras.-Rules in accordance with 90113/98. the circular have been framed and approved. 1989/98.
19181