49
31
SIR,
No. 26.
JAMAICA.
MR. CHAMBERLAIN to GOVERNOR SIR A. W. 1. HEMMING.
(No. 136.)
[Answered by No. 30.]
Downing Street, May 17, 1898.
I HAVE the honour to acknowledge the receipt of your despatch No. 140 of the 7th ultimo,* transmitting a return showing the number of floggings inflicted in the prisons, of Jamaica during the year ended the 31st of March last.
2. In the regulations on the subject of corporal punishment, annexed to my circular despatch of the 25th May, 1897, it is laid down that the number of strokes shall not exceed 24 in the case of adults, but I notice that in three cases of flogging for prison offences the number of strokes was 36.
I shall be glad if you will ensure under clause 46 of the Prison Law of 1882 that no more than 24 strokes are awarded in the case of prison offences, though I am aware that the law allows a maximum of 36.
I shall also be glad if you will, unless you see any objection to such a course, bring this matter to the attention of the judges and magistrates with a view to the same limit being observed in other cases than prison offences.
3. Sir Henry Blake's despatch, No. 315, of the 30th of July† has been duly received and is under my consideration with the replies to my circular despatch received from other colonies.
(d.) When under punishment, wilfully making a disturbance tending to interrupt
the order and discipline of the prison.
(e.) Any other act of gross misconduct or insubordination requiring to be
suppressed by extraordinary means.
4. Regulation 221 fixes 36 as the maximum number of strokes to be imposed in the case of prisoners over 16 years of age, and prescribes the use of a regulation cat or birch rod, and in the case of prisoners under 16 years of age fixes the maximum at 18 strokes and orders the use only of a birch rod.
5. The weight and dimensions of the regulation cat used here is in accordance with those laid down in the Earl of Derby's circular despatch of the 6th November, 1884. The rod employed is made of tamarind, weighs 10 ounces, and is a less formidable weapon than the regulation birch rod used in English prisons.
6. My approval, as Governor, of sentences of flogging is not required in cases other than breaches of prison discipline, e.g., offences against the Cocoa and Nutmegs Ordinance. In other respects, with the exception of the minimum number of strokes in the case of prisoners over 16 years of age, regulations 220 and 221 comply with your ideal rules.
I have, &c.,
ALFRED MOLONEY,
Governor.
11835.
I have, &c.,
J. CHAMBERLAIN.
No. 27.
GRENADA.
GOVERNOR SIR ALFRED MOLONEY to MR. CHAMBERLAIN.
(No. 69.)
(Received May 26, 1898.)
SIR,
Grenada, May 10, 1898.
In compliance with the instructions contained in paragraph 9 of your circular have the honour to transmit a return of prisoners on despatch of the 25th May last, whom the punishment of flogging was inflicted during 1897 in the prison of Grenada.
2. There were 24 cases of flogging, of which 23 were for breaches of the Cocoa and Nutmegs Ordinance, No. 20 of 1896, and one for breach of prison discipline. In no case did the number of strokes exceed 20 lashes.
3. Under Regulation No. 220, of the rules for the government of the prisons in this Colony, the Visiting Justice may, with the approval of the Governor, and after enquiry upon oath in the presence of a prisoner, order corporal punishment to be inflicted on male prisoners for the following offences :-
(4.) Mutiny, or open incitement to mutiny in the prison; personal violence to any officer or official visitor of the prison; aggravated or repeated assaults on a fellow prisoner; repetition of insulting or threatening language to any officer or prisoner.
(b.) Escapes, or attempted escapes (in addition to, or substitution for
punishment awarded by the prison laws for such offences).
any other
(c.) Wilfully or maliciously breaking the prison windows, or otherwise destroying
any prison property.
9416/97 not printed.
† No. 6.
16177-5
PUBLIC RECORD OFFICE
Reference :-
C.O.885
7
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
Remarks.
Medically unfit to receive 2nd half.
41
,,be fugged.
20 lashes-Regulation Cat
Or
OT
"
Regulation Cat
Birch Rod
Medically unfit to be flogged.
ZI
Enclosure in No. 27.
List of Prisoners sentenced to be flogged during the year 1897.
By whom Sentenced.
Offence.
Nunber of Lashes and Nature of Instrument.
07
26
---
12
Larceny of Cocos
...
Assaulting a fellow prisoner...
Larcency of Cocoa
...
P. M. E. D.
S. D.
.. E. D.
...
...
Supreme Court...
Visiting Justice
P. M. E. D.
S. D.
...
...
...
W. D.
---
...
...
...
H49
21
...
26
29
...
27
...
...
...
...
...
64
A
23
...
W. D.
E. D.
=
44
-
67
17
D
...
01
---
12
...
S. D.
16
"
=
OT
201
ני
21
10
20
...
112
...
།
50
Medically unfit to be flogged.
Medically unfit to be flogged.
Medically unfit to receive 2nd half.
Aubrey Mitchell. .
Résumé
29
...
For breaches of Cocoa and Nutmegs Ordinance For breaches of Prison Discipline ...
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