CO885-(6-7) — Page 156

II. CORPORAL PUNISHMENT FOR OFFENCES AGAINST PRISON DISCIPLINE.

Previous enactments with regard to corporal punishment for offences against prison discipline were superseded by sec. 5 of the Prison Act, 1898 (61 & 62 Vict. cap. 41).

This enactment, which applies to all prisons in England and Wales (Local and Convict), provides that corporal punishment shall only be ordered for prison offences in cases where (a) the prisoner is under sentence of penal servitude, or is convicted of felony or sentenced to hard labour, and (b) is guilty of mutiny or incitement to mutiny, or gross personal violence to an officer or servant of the prison.

The section further provides that (c) sentences of corporal punishment may only be imposed by order of the Board of Visitors or Visiting Committee of the prison, after inquiry on oath held by them at a meeting specially summoned for the purpose, and consisting of not less than three persons, two of them being Justices of the Peace : Metropolitan Police (Provided that the Secretary of State may, if he thinks fit, appoint Magistrate or Stipendiary Magistrate to take the place of the Board or Committee, and the Magistrate shall in any such case have the same powers as the Board or Committee), and that (d) the order shall not be carried into effect until it has been confirmed by the Secretary of State.

The Rules made by the Secretary of State under the Prison Act, 1898, provide as follows:-

"Corporal punishment shall not be inflicted unless the Medical Officer has certified "that the prisoner is in a fit condition of health to undergo the punishment.

"All corporal punishments within the prison shall be attended by the Governor and "the Medical Officer. The Medical Officer shall give such orders for preventing injury "to health as he

and it shall be the duty of the Governor to carry deem necessary, may "them into effect, and the Governor shall enter in the punishment book the hour at "which the punishment is inflicted, the number of lashes or strokes ordered, and any "orders which he or the Medical Officer may have given on the occasion.

Corporal punishment, in the case of a prisoner over 18 years of age, shall be inflicted "either with a cat-o'-nine-tails or with a birch rod, and in the case of a prisoner under "18 years of age, with a birch rod. The instrument in either case shall be of a pattern "approved by the Secretary of State.

"The number of lashes or strokes inflicted on a prisoner over 18 "exceed 36, or, on a prisoner under 18 of

years age, 18."

years of age shall not

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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

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