CO885-(6-7) — Page 154

Miscellaneous

No 92

Printed for the use of the Home and Colonial Offices,

A 54970.

160

Memorandum showing for what Offences and under what Conditions

Corporal Punishment may be imposed by English Law.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

6

COPYRIGHT PHOTOGRAPH—NOT TO

ALLY WITHOUT

BE REPRODUCED

'OTOGRAPHIC-

SION OF THE

PUBLIC RECORD

CE, LONDON

I-CORPORAL PUNISHMENT FOR CRIMINAL OFFENCES.

(A.) Adults.

There are three enactments under which corporal punishment can be inflicted on adults.

1. The Vagrancy Act, 1824 (5 George IV., cap. 83), sec. 10, directs that a person convicted under sec. 5 of that Act as an incorrigible rogue may be sentenced by Quarter Sessions, in addition to a sentence of imprisonment, to be punished by whipping, at "such time during his imprisonment, and at such place within the jurisdiction of the "Court, as according to the nature of the offence they in their discretion shall deem to be

expedient."

£4

2. The attempts to alarm or injure the Sovereign, which are made high misdemeanours by the Treason Act, 1842 (5 & 6 Vict. 51), are punishable by flogging. Section 2 of that Act, after enumerating such acts as "discharging or attempting to discharge, pointing, aiming, or presenting at or near the person of the Queen any gun, pistol," or other fire- arm, whether loaded or not, and making them punishable by penal servitude for seven years or by imprisonment, authorises the Court in its discretion to sentence the offender "during his period of imprisonment to be publicly or privately whipped, as often and in "such manner and form as the Court shall order and direct, not exceeding thrice."

3. By the Garrotters Act, 1863 (26 & 27 Vict., c. 44), flogging may be inflicted-

(a.) for robbery or attempt to rob, in those cases where the offence is under sec. 43

of the Larceny Act, 1861, punishable with penal servitude for life;

(b.) for garrotting as defined by sec. 21 of the Offences against the Person

Act, 1861.

It enacts that any person (a) “who shall, being armed with any offensive weapon or

"instrument, rob or assault with intent to rob any person, or shall together with one or

"

"

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"

more other person or persons rob or assault with intent to rob any person, or shall rob any person, and at the time of, or immediately before or immediately after such robbery, "shall wound, beat, strike, or use any other persona! violence to any person

; or (b) "who shall by any means attempt to choke, suffocate, or strangle any person, or by any means calculated to choke, suffocate, or strangle, attempt to render any person "insensible, unconscious, or incapable of resistance, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of "such cases to assist any other person in committing any indictable offence," shall be liable on conviction, if a male, to be sentenced by the Court to "be once, twice,

thrice privately whipped, subject to the following provisions :-

"

C

or

"(1.) That in the case of an offender whose age does not exceed sixteen years the number of strokes at each such whipping do not exceed twenty-five, and the "instrument used shall be a birch rod :

200 Wt 15955 10/06 D & 8 + 26008