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58.

2. I notice that in four cases 25 lashes with the cat were inflicted, whereas, by the Model Rules enclosed in my circular despatch of the 25th May, 1897, the maximum limit was fixed at 24, and it is desirable that in future this limit should not be exceeded.

3. The cases in which caning-the cuts varying from two to 20-has been imposed have nearly doubled as compared with 1896, and this form of prison punishment appears to have been adopted as an easy method of dealing with offences of a comparatively trifling nature. In paragraph 2 of his despatch, No. 323, of the 27th October, 1892,* my predecessor, in drawing attention to the abnormally large number of whippings in the Ceylon prisons, stated that in no case did it seem to him that any permanent good could be expected to result from such constant resort to the cane and lash. I entirely concur in this view, and have been glad to learn from your despatch, No. 290, of the 21st August, 1897, that you are not an advocate of corporal punishment. It is clear that any system of prison discipline which can only be maintained by the constant use of the cane fails in its primary object. I therefore trust you will give this matter your further careful attention and not permit such constant use of the cane, for which I cannot

valid excuse. admit that there is

any

4. I shall be glad to learn how many officers in the Island have, under the Prisons Ordinance, the power of caning.

I have, &c.,

J. CHAMBERLAIN.

20259.

(No. 95.)

SIR,

59

No. 38. BAHAMAS.

GOVERNOR SIR G. T. CARTER to MR. CHAMBERLAIN. (Received September 7, 1898.)

Government House, Nassau, August 22, 1898. Is reference to your despatch A/2 “General," of 29th July, 1898,* calling attention o the fact that circular of the 25th May, 1897, relating to the punishment of flogging still remains unanswered, I have the honour to enclose herewith a return,† furnished by the Keeper of the prison, showing that no flogging had been administered in the year 1897.

This is a punishment which is rarely resorted to in this Colony, and never without the express sanction of the Governor.

22171.

No. 39.

I have, &c..

G. T. CARTER.

Offences

for which

flogging may

be inflicted.

Restric-

tions.

Medical

officer and

keeper to be

present.

Return to Secretary of State.'

20113.

(No. 130.) SIR,

No. 37.

BRITISH HONDURAS.

ACTING GOVERNOR NEWTON to MR. CHAMBERLAIN.

(Received September 5, 1898.)

Government House, Belize, August 19, 1898. In reply to your despatch, "General," of the 29th ultimo, I have the honour to say that your circular despatch of the 25th May, 1897, relative to the punishment of prisoners by flogging, was answered by paragraph 3 of Colonel Wilson's despatch, No. 280, of the 4th November, 1897.§

F. J. NEWTON, Administering the Government.

I have, &c.,

19875/92: not printed.

† No. 8.

961497: not printed. § Colonel Wilson's despatch, No. 280, of the 4th November, 1897, forwarded rules framed by the Governor in Council for the government of the Belize Prison. The portion of paragraph 3 referred to, which relates to flogging, was as follows:-"Rules 149 to 152, relating to the flogging of prisoners, are in accordance with the Model Rules forwarded to me by your circular despatch of the 25th May last."

These four rules (149 to 152), which were approved by the Secretary of State, are as

"FLOGGING OF PRISONERS,

follows:---

"(149.) On order of one or more Visiting Justices, after inquiry on oath, and subject in each case to the written approval of the Governor, corporal punishment may, in substitution for, or in addition to the punishments specified in Rule 146, be inflicted upon male prisoners for the following

offences :-

"(1) Mutiny, or acts of gross violence, or repeated insult to officers or fellow prisoners.

14

(2) Wilful destruction of prison property,

(3) Other extraordinary acts of insubordination.

"(150.) Corporal punishment shall be inflicted only upon very rare occasions, and the number

of strokes shall not exceed 24 in the case of adults, with an instrument of a type approved by the Governor, and shall not exceed 12 with a birch rod in the case of juveniles.

"(151.) No prisoner shall be flogged until the medical officer has certified that he is fit to undergo the punishment. The medical officer and the keeper of the prison shall be present whenever any sentence of flogging is carried out, and the instructions of the medical officer for preventing injury to the prisoner's health shall be obeyed.

*(152.) A return shall be furnished annually by the keeper, to be transmitted to the Secretary of State, slowing:-

(a) The number of floggings inflicted during the year.

"(b) For what offence inflicted.

(c) How many strokes in each case."

(No. 55.) SIR,

ST. HELENA.

GOVERNOR STERNDALE to MR. CHAMBERLAIN. (Received October 3, 1898.)

The Castle, St. Helena, September 1, 1898.

WITH reference to your Circular of 25th May, 1897, regarding which I have just received a reminder, I have the honour to state that it did not appear to me as calling for any reply, but was treated as instructions to be acted upon, and I regret the delay which has occurred in reporting on it.

2. In this Island, once so noted for this sort of punishment, there has not been a single instance of flogging for prison offences during the past thirty years. The Ordi- nance No. 4 of 1895, section 8, says, punishment for offences in prison shall not exceed 25 lashes, but I am personally much averse to flogging, having seen much of it in the earlier part of my Indian career, and have witnessed its gradual disuse. Except in cases of exceptional brutality I should not approve of it in this Island, but the use of the birch rod for juvenile offenders' is occasionally wholesome. The punishment, not exceeding six strokes, is always inflicted in the presence of the Sergeant of Police, and permission is given for parents to attend, and there are not more than three or four cases in the year.

I have, &c.,

22307.

(No. 54.) (Extract.)

*

No. 40.

FALKLAND ISLANDS.

R. A. STERNDALE,

Governor.

GOVERNOR GREY WILSON to MR. CHAMBERLAIN. (Received October 4, 1898.)

Government House, Stanley, August 30, 1898.

I HAVE the honour to acknowledge the receipt of your despatch, "General," of July 29th, calling my attention to your circular "despatch of the 25th May, 1897, with reference to flogging.

No corporal punishment has been inflicted upon any prisoner in this colony since the 3rd of November, 1892, when a boy was birched for larceny, by order of the convicting magistrate.

I

No prisoner has been flogged in this colony for very many years.

I will embody the suggested regulation as to flogging in the gaol regulations which purpose drafting so soon as the Gaol Ordinance, 1898, has been approved.

14177-a

* 961497: not printed.

† Nil return: not printed.

H2

PUBLIC

RECORD OFFICE

Reference :-

TC.O.885

7

PUBLIC RECORD OFFICE, LONDON

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