CO885-(6-7) — Page 561

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PUBLIC RECORD OFFICE

Reference :-

C.O.885

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

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EXTRACTS from PRISON LAWS and RULES regarding INFLICTION of CORPORAL PUNISHMENT for PRISON OFFENCES.

Sec. 46, Law 18 of 1882.-If any prisoner is guilty of repeated offences against prison discipline or is guilty of any offence against prison discipline which the Superintendent is not by this Law empowered to punish, or for which the punishment which the Superintendent is authorised to award shall be deemed by him insufficient, or of an escape or attempt to escape, the Superintendent shall report the same to the Visiting Justices or one of them and any two of such Justices shall have power to enquire upon oath and to determine concerning any matter so reported to them and to order the offender to be punished by confinement in a punishment cell for any term not exceeding 30 days and by corporal punishment; provided that such last mentioned punishment shall not be carried into execution until the evidence taken in the case shall have been certified by the Justices and shall have been submitted to the Governor and the sentences shall have been confirmed by him; but that every person so offend- ing and being so sentenced shall be put in close confinement until the pleasure of the Governor shall be known, provided also that no such last mentioned punishment shall in any case extend to female prisoners.

Amended by Sec. 18, Law 18 of 1884, which provides that punishment by con finement in punish

ment cell shall not exceed 14 days, and corporal punishment shall not be super- added to but may be substituted for such punishment by confinement.

Sec. 48. All corporal punishments shall be attended by the Superintendent and the surgeon.

The surgeon shall give such orders for preventing injury to health as he may deem necessary and it shall be the duty of the Superintendent to carry them into effect; and the Superintendent shall enter in the punishment book the hour at which the punishment is inflicted the number of lashes and any order which the surgeon may have given on the occasion.

Sec. 49. Corporal punishment for a prison offence in the case of prisoners over 18 years age shall be inflicted with a cat or tamarind rod, and in the case of prisoners under that age with a tamarind rod.

of

The instruments in both cases shall be of a pattern approved by the Governor.

Sec. 50. The number of lashes inflicted on a prisoner over 18 shall not exceed 36, or on a prisoner under that 18.

age

RULES regarding INFLICTION of CORPORAL PUNISHMENT,

No. 59. He (the Superintendent) shall, after the infliction of two-thirds of any sentence of corporal punishment have power to remit the remainder or any portion thereof.

No. 138. He (the Surgeon) shall attend very corporal punishment inflicted in the prison and his instruction thereon for preventing injury to health shall be obeyed.

Appendix I., Sec. 3. If any prisoner be guilty of any serious or repeated offence which the Superintendent is not empowered to punish, or for which the punishment which the Superintendent is authorised to inflict shall be deemed insufficient, the Superintendent shall without loss of time report the same to the Visiting Justices or the Director, who are empowered to enquire into the same on oath and to award to such prisoner forfeiture of the privilege of remission or of the privilege of classification as well as any one or more of the following punishments or restraints :—

(1) Close confinement in a partially darkened or light cell for any term not exceed- ing 14 days, or corporal punishment subject to the confirmation of the Governor.

(2) Separate confinement for any term not exceeding 9 months.

(3) While undergoing any of these punishments a prisoner will be placed on such

diet as may be directed in accordance with the authorized scales.

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Sec. 6. Any of the following offences proved on oath to have been committed by a male prisoner will render him liable to corporal punishment subject to the provisions of the jaw :-

(1) Mutiny or incitement to mutiny, personal violence to any officer or servant of the prison or to a fellow prisoner, grossly offensive or abusive language to any officer or servant of the prison.

(2) Wilfully or wantonly destroying the prison property.

(3) Wilfully making a disturbance tending to interrupt the order and discipline of

the prison.

(4) Persistent malingering.

(5) Any other act of gross misconduct, or insubordination requiring to be suppressed

by extraordinary means.

Sec. 9. Dietary punishment shall not be inflicted on any prisoner nor shall he be placed in a punishment cell nor shall corporal punishment be inflicted unless the medical officer shall have certified that such prisoner is in a fit condition of health to undergo such punishment.

19883.

(No. 280.)

SIR,

No. 7.

STRAITS SETTLEMENTS.

GOVERNOR SIR C. B. H. MITCHELL to MR. CHAMBERLAIN.

(Received September 13, 1897.)

[Answered by No. 65.]

Government House, Singapore, 17th August, 1897.

I HAVE the honour to acknowledge the receipt of your Circular Despatch of the 25th May last on the question of flogging as a punishment for crime and more especially as a punishment for prison offences.

2. The Model Regulations as to Flogging for Prison Offences which accompany your despatch were twice considered by me in Council, and the enclosed memorandum written by the Acting Treasurer-embodies the views held by the Governor in Council, and is now submitted for consideration.

I have, &c.,

THE

your

Enclosure in No. 7.

MEMORANDUM.

C. B. H. MITCHELL.

of ordering the infliction of corporal punishment in the prisons of the power Straits Settlements is regulated by Ordinance and the Rules made by the Governor in Council.

I. The Superintendent of a prison has power under Section 11 of Ordinance XIV, of 1872 to inflict corporal punishment to a maximum of 12 stripes with a rattan after due investigation.

II. The Visiting Justices have power under Section 13 to order corporal punishment to a maximum of 30 stripes with a rattan after enquiry upon oath.

2. The power given to Superintendents is required to enable them to deal promptly with prison offences, which require a more deterrent penalty than that afforded by the other prison punishments, and to deal effectively with certain phases of gaol crime which