CO885-(6-7) — Page 589

41

PUBLIC RECORD OFFICE

3

Reference:-

LIC.O.885

7

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC.

COPYRIGHT PHOTOGRAPH-NOT TO

Punish-

ment by Board.

22988.

68

No. 44.

BRITISH GUIANA.

MR. CHAMBERLAIN to GOVERNOR SIR W. J. SENDALL.

(No. 307.) SIR,

Downing Street, October 18, 1898.

I HAVE the honour to acknowledge the receipt of your despatch, No. 312, of the 27th of September,* proposing the introduction of an Ordinance to restrict the infliction of corporal punishment for prædial larceny to cases where a previous conviction or con- victions are recorded against the offender, or which present features of aggravation, and, in confirmation of my telegram of the 17th of this month, to inform you that I approve your proposals, subject to the suggestion that the maximum number of lashes should be fixed at 24 for sentences of Court as well as for prison punishment.

23894.

SIR,

(No. 329.)

No. 15.

MAURITIUS.

I have, &c.,

J. CHAMBERLAIN.

GOVERNOR STR C. BRUCE to MR. CHAMBERLAIN.

(Received October 25, 1898.)

Government House, Mauritius, September 27, 1898. WITH reference to your despatch "General" of the 29th July last, and previous correspondence respecting the punishment of flogging, I have the honour to transmit, in compliance with the request contained in your circular despatch of the 25th May, 1897, a returns of corporal punishments inflicted upon prisoners during last year.

2. The form, No. 17, referred to, is one of the Prison Returns for 1897, forwarded

to you with my despatch, No. 315, of the 20th instant.||

3. This return will be forwarded to you in future in the month of January of each year under separate cover.

4. As regards the general question of the rules which should control the infliction of flogging for prison offences, I beg leave to refer to Articles 38, 39, and 40,¶ of Ordi- nance No. 8, of 1887, which seem to show that the regulations in force in this colony are in accordance with your views.

(Extract.)

I have, &c.,

CHAS. BRUCE,

Governor.

Annexure to No. 45,

Ordinance No. 8, 1887, "The Prisons Ordinance, 1887."

37.-(1) 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 empowered by this Ordinance to punish, the Superintendent shall report the same to the Board and the Board shall have power to enquire upon oath or affirmation in

• No. 42.

† 22988: not printed.

‡ 961497; not printed. 23880 not printed.

Nil return, not printed.

See Annexure.

69

presence of the prisoner and to determine concerning any matter so reported to them and to order the offender to be punished by confinement in a punishment cell with or without forfeiture of one-third rations for any term not exceeding one month. Provided confinement in a dark cell shall not exceed fourteen days.

(2) The Medical Officer shall, at least once a day, visit each prisoner in a punish- ment cell. On a requisition stating the grounds of his intervention delivered by him to the Superintendent, he may, in any case, cause the confinement in a punishment cell to cease wholly or partly. Such requisition shall be forthwith forwarded to the Board by the Superintendent.

(3) In lieu of or in addition to any other penalty which the Board is empowered to award the Board may order any prisoner having escaped or attempted to escape from prison to be put in irons for such period as the Board shall determine. A similar order may be made whenever a prisoner is so violent as to render such a course necessary.

38.--If any prisoner is guilty of any of the following offences:-mutiny, inciting Corporal other prisoners to behave in a mutinous or rebellious manner, striking any prison officer, punish- the Superintendent shall report the same to the Board and the Board shall have

power after enquiry on oath or affirmation in presence of the prisoner, if they find the prisoner guilty of the offence charged either to award against such prisoner such a sentence as is mentioned in article 37 or to order such prisoner to receive any number of stripes not exceeding fifteen to be inflicted on the breech with such instrument as shall for the time being be appointed by regulations made under this Ordinance.

(2) No order for the infliction of corporal punishment shall be made until the Medical Officer shall, after inspection and examination of the prisoner, have reported whether in his opinion such prisoner is or is not fit to undergo corporal punishment, and such report shall have been considered by the Board.

ment.

(3) No such order shall be carried out until it has been approved by the Governor. 39. The evidence, Medical certificate and other documents shall be transmitted Governor

may remit by the Board to the Governor who may remit in whole or in part the penalty of corporal

penalty. punishment or order instead of such punishment such a penalty as may be inflicted under article 37.

Officer to be present.

40 (1) No corporal punishment shall be inflicted, except in presence of the Medical Medical Officer who shall have full control over the same.

(2) Such officer 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. (3) Corporal punishment for prison offences shall not be inflicted on a prisoner in presence of other prisoners.

(4) The Superintendent shall enter in the Punishment Book the date, and hour at which the punishment is inflicted, the number of stripes and any orders which the Medical Officer may have given on the occasion.

(Extract.)

Regulations made under the Prisons Ordinance, 1887.

Other

72. Corporal punishment. (1) Whenever a sentence of corporal punishment is to be carried into effect the punish- Medical Officer shall be in attendance.

ments, how

carried

(2) Before the hour at which the punishment is ordered to be inflicted the triangles to be or other appliance to which the prisoner is to be fastened shall be prepared and erected out. in one of the prison yards.

(3) At the hour appointed the prisoner will be marched into the punishment yard where the order for the infliction of the punishment shall be read over to him, after which he shall be ordered to prepare himself.

(4) He shall then be fastened to the appliance, and on the Medical Officer giving the word, the punishment shall be inflicted.

73. The instrument to be used shall be the cat-o-nine tails, the weight and measurement of which shall be as hereunder stated:---

Weight of handle covered with cloth

tails

#

cat complete

Length of tails (no knots)

with handle

195 grams.

60

}}

255

""

494 mill.

825

**

Cat-o-nine tails.

74. The punishment shall be inflicted by one of the prison warders who may be Punish- detailed for the purpose and no prisoner whatever shall be present to witness the ment, how infliction of the punishment.

to be inflicted.