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prisoners, irrespective of the nature of the offence, ought to be admitted to the licensed class, as it must be presumed that the judge who tried them has proportioned their sentence to the enormity of their crime.

89. By the 18th Vict., c. 22, the Governor is empowered to grant to any convict sentenced to imprisonment in the General Penitentiary, and who has undergone half of the sentence, a license to be at large in the island, on consideration that every convict shall be bound to serve as an agricultural labourer to such person as the Governor shall appoint, for three-fourths of the period for which such licence shall be granted. In the event of good behaviour the remaining one-fourth of such period is to be given up to the convict.

90. The Governor may revoke this licence at pleasure, or, in case of misconduct on the part of the convict, he may be recommitted by two justices of the peace. This law is now never acted on.

Solitary Confinement.

91. Solitary confinement by sentence of Courts of Law can be awarded for certain offences, but by the 1st Vict., c. 28, sec. 5, "no Court shall direct that any offender shall be kept in solitary confinement for any longer period than one month at any time, or than three months in the space of one year; nor shall such solitary con- finement be in darkness, unless specially ordered by the said justices; nor shall solitary confinement in darkness be extended in any case under the Act beyond a period of six days." As a matter of fact, however, solitary confinement is seldom, if ever, awarded in any Court.

92. By the 28th section of the "Prisons Consolidated Act, 1856," already referred to, the Superintendent has power to punish minor offences against prison discipline by ordering any offender to close confinement in the refractory or solitary cells (which are in reality the same thing), and by keeping such offender upon bread and water only for any time not exceeding three days, or for such time not exceeding six days as a visiting justice shall by a written order determine.

93. More serious offences are punishable under the 53rd section of the same law, by which any two justices may order the offender to be punished by close confinement for any time not exceeding one month, or by whipping not exceeding thirty-nine lashes in the cases of prisoners convicted of felony or sentenced to hard labour. Whipping, however, cannot be inflicted until the evidence taken by the justices has been submitted to the Governor, and the sentence duly confirmed by him. The surgeon is always present, and has power to stop the punishment. Ho reports within seven days to the Governor of the condition of the convict, and whether the punishment has been fully or partially and to what extent inflicted. The cat in use has already been described.

94 The number of floggings inflicted during the years 1868 to 1872 was in the General Penitentiary forty-three, of which twenty-seven were in pursuance of the sentences of the different Courts of Law and the remainder for prison offences. In all the other prisons put together there were only seven floggings inflicted.

Irons.

95. Prisoners are never put in irons except their outrageous conduct renders it absolutely necessary to restrain them, and an entry is always made of the fact in the Superintendent's journal. The Superintendent is also required by law to report the case forthwith to one of the visiting justices, and no prisoner is to be kept in irons for more than twenty-four hours without an order in writing from a visiting justice specifying the cause for which and the time during which such prisoner shall be kept in irons. Prisoners, however, are very rarely placed in irons except those who have escaped and are re-captured, who when working outside the prison have often chains attached to their legs. At Mandeville an iron collar is placed round their necks, a practice which we think ought to be discontinued.

Cropping Female Prisoners' Hair.

96. With reference to the orders issued under the authority contained in a circular despatch from the Secretary of State for the Colonios, dated 12th September, 1872, it appears that the cutting of the hair of female prisoners has not been ordered by the

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different Courts, and has consequently never been carried out. With the view there- fore to secure this highly deterrent part of prison discipline, we would suggest that infliction of this punishment should be left to the Inspector of Prisons in all cases where the prisoners have been guilty of serious offences, or have been convicted more

than once.

Escapes.

97. The total number of escapes from the different prisons during the five years ending 31st December, 1872, werd as follows *

(1.) General penitentiary: 17 from outside of the prison; 15 from the inside. (2.) Mandeville: 16, all from the outside of the prison. (3.) Black River: None.

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(4.) Lucen: 12 from the outside; 4 from the inside. (5.) Montego Bay: 1 from the outside; and 2 from the inside. (6.) Falmouth: 5 from the outside; aud 6 from the inside.

(7.) St. Ann's Bay: None.

(8.) Port Maria: 12 from the outside.

(9.) Port Antonio: 1 from the outside.

(10.) Morant Bay: 3 from the outside.

(11.) St. Catherine District Prison: 27 from the outside; 2 from the inside. (12.) Middlesex and Surrey County Gaol: 2 from the inside.

Making 91 outside and 31 inside.

98. The number of escapes may at first sight appear large, but it will be seen in the great majority of cases the prisoners have escaped from gangs working outside the prison. These gangs, except in those from the General Penitentiary, have been princi- pally employed on the roads, and as these roads often run between thick bush on each side, it is almost impossible for warders, however vigilant, to prevent a prisoner who is determined to escape from doing so. Pursuit is almost out of the question, as it would afford the other prisoners in the gangs an opportunity of going off in a body. It should also be remembered that the officer in charge of these gangs, except those from the General Penitentiary, do not carry firearms. Indeed, it is only the passive indifference of the prisoners themselves that prevents the escapes being far more numerous. We have already stated our opinion that this system of outside labour should be as far as possible abolished.

99. By sections 51 and 55 of the "Prison Consolidated Act, 1856," every prisoner who escapes is guilty of a misdemeanour, and may be punished by such further im- prisonment not exceeding three years as the Court before which he shall be tried shall

direct.

100. At present prisoners charged with escape can only be tried before the Circuit Court, that is before a judge of the Supreme Court on Circuit. This often entails great inconvenience, in the first place, from the length of time that often elapses before the prisoner can be brought to trial, as the Circuit Courts, with the exception of Kingston, are only held three times a-year, but principally from the fact that Circuit Courts are not held at all the places where there are prisons, so that not only a prisoner has frequently to be sent a long distance to take his trial, but the prison officers are taken away from their duty for several days to give evidence as to the escape.

101. There seems no reason why these cases should not be tried in the district Courts which sit monthly and at every place in which there is a prison.

Identification.

102. Up to a very recent date the means of identifying old offenders were most imperfect. The description of a prisoner was indeed entered in a book kept by the Superintendent of each prison, and if he was aware that the person had been previously convicted, that fact was also entered, but no regular steps were taken to circulate the information or to convey it to the constabulary or clerks of the peace.

103. By the "Habitual Criminals Law, 1870," and the regulations of the Governor issued under that law, a register of all persons convicted of crime is kept under the management of the inspector of detectives, and returns made to him by the Superin- tendent of every prison and the chief of the police of every parish containing evidence of identity and other information with respect to all persons convicted.

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PUBLIC RECORD OFFICE

Reference -

TICO. 885

PUBLIC RECORD OFFICE, LONDON

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