(10)
Recommendation.—The Committee recommend the adoption of a rule that this punishment (handcuffing and "chaining") should only be employed in cases of great necessity, as where a prisoner is in a state of great excitement and irritation and has used or threatens to use violence.
Such restraint should not be continued for more than 24 hours consecutively without an order from a Visiting Justice specifying the cause thereof and the time during which the prisoner shall be kept in such restraint, which order the Superintendent shall preserve as his authority. This shall not affect the power of the Superintendent to make a prisoner work in leg-irons.
SOLITARY CONFINEMENT AND DARK CELLS.—Solitary confinement will be considered separately as forming part of the punishment to be undergone in carrying out a sentence. Of course, it is applicable to breaches of Gaol Rules as well.
It means in England confinement by day and night in a light cell without any occupation or any possibility of speaking to any other prisoner. The Turnkeys who bring in the meals are forbidden to speak.
Dark Cells are a form of this punishment and a very severe one.
There are no proper dark cells in the present Gaol, as all admit some light. Intense darkness is the essence of the punishment, and is most irksome.
The Committee recommend that a certain number of "solitary cells" be so constructed as to be capable of being turned into "dark cells" provided care be taken that proper ventilation is secured.
That power be conferred on the Superintendent to confine misbehaving prisoners in dark cells for not longer than 12 hours and with the consent of the Visiting Justices or the Police Magistrate for the day, for 24 hours, care being taken that such prisoner be visited by a Turnkey at regular intervals with a light and that such Turnkey be strictly ordered to report at once to the Superintendent any injurious effect he may observe.
Bread or Rice and Water for Europeans and Chinese. For the former it is a very efficacious punishment, for the latter it is not so as it differs but little from the ordinary diet, and as they have hitherto been relieved from all labour whilst under this punishment, it has no deterrent effect.
The attention of the Committee has been called to one very great evil attending dietary punishment, inflicted for a breach of Gaol Rules.
They conflict with the dietaries awarded as part of the punishment under sentence. The Rule as to bread or rice and water at present is this. Prisoners sentenced to 14 days imprisonment and under, are kept the whole time on bread or rice and water, all other prisoners are kept on this diet for the first 6 months of their sentence during 10 days of each month from the 1st to the 5th and the 16th to the 20th.
This was an alteration from the Amended Regulations of 1872, by which the first 10 days were passed on this diet.
The difficulty is that when bread or rice and water is ordered as a punishment for some Gaol offence immediately after the termination of a period of penal diet as part of the punishment under the sentence, the prisoners are apt to complain to the Medical Officer of weakness or ill-health. Either extra rations or a return to the full ordinary diet have in many cases been ordered by the Medical Officer, and thus the intended punishment is defeated.
Recommendation.—The Committee strongly advise that the Superintendent be empowered to give as punishment for Gaol offences, Solitary confinement for not more than 3 days consecutively, extra shot-drill with the 32lb shot if necessary, or "stone-carrying," or extra "oakum-picking," "irons," "chains" and "handcuffs" under the limits proposed, in the place of dietary punishments.
(11)
"Crank."—The present Acting Superintendent is of opinion that this punishment should be reserved for offences against Gaol discipline.
The Committee are of opinion that unless the crank can be used more extensively as a punishment by way of hard labour under sentence, it will be of advantage to adopt the recommendations of the Superintendent, as it would then take the place of dietary punishments, of which the mischief has been pointed out.
Mr. TONNOCHY desires to state that he is strongly opposed to any reduction in the powers at present possessed by the Superintendent to administer any punishment allowed by the Regulations on his own and sole authority for offences against the Gaol Rules.
Solitary confinement generally ("Separate" System).—The possibility of introducing this system depends to a great extent upon a reconstruction of the present Gaol. The whole subject was referred to the Surveyor General, who gave his opinion in a written communication and explained his views to the Committee.
181
By pulling down the range of buildings occupied at present by the Magistrates' Courts and the house of the Captain Superintendent of Police, and using this space for building ranges of wards, and by altering the basement floors of the present Gaol and the upper stories and the women's ward, the whole Gaol might be adapted to the "separate" system and at least 500 cells provided.
Though strongly recommended as making the Gaol more complete, this proposal may be considered too extensive at present, and the Committee have not thought it necessary to go minutely into details or to ask the Surveyor General for an estimate of the cost.
But the Committee are of opinion that although they are not in a position to recommend a reconstruction of the whole Gaol, the partial adaptation of the present buildings to solitary cells might be carried out at no great expense and with very excellent results especially in the case of Chinese prisoners convicted for the 2nd or 3rd time.
The Surveyor General made a calculation that by converting the basements of the Gaol, the present wings, 63 solitary cells could be constructed, and by adding 12 by converting the women's ward would make 75.
It has been proposed that the present Dead House and Store Room contained in the same yard which is 44 feet long by 14 broad should be converted into a women's ward with 2 rooms for the Matron. The space is sufficient as 20 women are the maximum number confined at any one time on record.
The objection has been raised that there is no yard annexed in which the women could take exercise, and that the Police latrine is on the other side of the wall.
But these objections might possibly be overcome, but still they are of weight. Another proposal is that the range of buildings at present forming the Magistrates' Courts shall be given up to the Turnkeys and Gaol Officers and that their present quarters should be occupied by the Hospital on the lower storey and by the women's ward on the upper, and that over the Turnkeys' cook-houses quarters for the debtors should be built.
This is a plan which the Committee (although they strongly recommend, if it could be entertained, the larger scheme of reconstruction) consider ought to be brought prominently under the notice of His Excellency.
A site for Magistrates' Courts, it is stated, was procured some time ago, just below the present residence of the Captain Superintendent of Police, and the dilapidated condition of the Courts now in use rendering it very improbable that they can stand much longer, the Committee would strongly recommend that new Courts be built on the site indicated, and that the present building be employed as quarters for the Gaol Officers as long as it is habitable.
The Committee think it only necessary to make these suggestions without going into question of cost or questions of general expediency. The requisite information would of course be sought for from the Surveyor General, should the suggestion be entertained.
17
( 10 )
Recommendation.-The Committee recommend the adoption of a rule that this punishment (handcuffing and "chaining") should only be employed in cases of great necessity, as where a prisoner is in a state of great exciteinent and irritation and has used or threatens to use violence.
Such restraint should not be continued for more than 24 hours consecutively with- out an order from a Visiting Justice specifying the cause thereof and the time during which the prisoner shall be kept in such restraint, which order the Superintendent shall preserve as his authority. This shall not affect the power of the Superintendent to make a prisoner work in leg-irons.
SOLITARY CONFINEMENT AND DARK CELLS.---Solitary confinement will be considered separately as forming part of the punishment to be undergone in carrying out a sentence. Of it is applicable to breaches of Gaol Rules as well.
course,
It means in England confinement by day and night in a light cell without any occupation or any possibility of speaking to any other prisoner. The Turnkeys who bring in the meals are forbidden to speak.
Dark Cells are a form of this punishment and a very severe one.
There are no proper dark cells in the present Gaol, as all admit some light. Intense darkness is the essence of the punishment, and is most irksome.
The Committee recommend that a certain number of "solitary cells" be so con- structed as to be capable of being turned into "dark cells" provided care be taken that proper ventilation is secured.
That power be conferred on the Superintendent to confine misbehaving prisoners in dark cells for not longer than 12 hours and with the consent of the Visiting Justices or the Police Magistrate for the day, for 24 hours, care being taken that such prisoner be visited by a Turnkey at regular intervals with a light and that such Turnkey be strictly ordered to report at once to the Superintendent any injurious effect he may observe.
Bread or Rice and Water for Europeans and Chinese. For the former it is a very efficacious punishment, for the latter it is not so as it differs but little from the ordinary diet, and as they have hitherto been relieved from all labour whilst under this punish- ment, it has no deterrent effect.
The attention of the Committee has been called to one very great evil attending dietary punishment, inflicted for a breach of Gaol Rules.
They conflict with the dietaries awarded as part of the punishment under sentence. The Rule as to bread or rice and water at present is this. Prisoners sentenced to 14 days imprisonment and under, are kept the whole time on bread or rice and water, all other prisoners are kept on this diet for the first 6 months of their sentence during 10 days of each month from the 1st to the 5th and the 16th to the 20th.
This was an alteration from the Amended Regulations of 1872, by which the first 10 days were passed on this diet.
The difficulty is that when bread or rice and water is ordered as a punishment for some Gaol offence immediately after the termination of a period of penal diet as part of the punishment under the sentence, the prisoners are apt to complain to the Medical Officer of weakness or ill-health. Either extra rations or a return to the full ordinary diet have in many cases been ordered by the Medical Officer, and thus the intended punishment is defeated.
Recommendation.—The Committee strongly advise that the Superintendent be empowered to give as punishment for Gaol offences, Solitary confinement for not more than 3 days consecutively, extra shot-drill with the 32fb shot if necessary, or "stone- carrying," or extra "oakum-picking," "irons," "chains" and "handcuffs" under the limits proposed, in the place of dietary punishments.
(11)
“Crank.”—The present Acting Superintendent is of opinion that this punishment should be reserved for offences against Gaol discipline.
The Committee are of opinion that unless the crank can be used more extensively as a punishment by way of hard labour under sentence, it will be of advantage to adopt the recommendations of the Superintendent, as it would then take the place of dietary punishments, of which the mischief has been pointed out.
Mr. TONNOCHY desires to state that he is strongly opposed to any reduction in the powers at present possessed by the Superintendent to administer any punishment allowed by the Regulations on his own and sole authority for offences against the Gaol Rules.
Solitary confinement generally ("Separate" System).-The possibility of introducing this system depends to a great extent upon a reconstruction of the present Gaol. The whole subject was referred to the Surveyor General, who gave his opinion in a written communication and explained his views to the Committee.
181
By pulling down the range of buildings occupied at present by the Magistrates' Courts and the house of the Captain Superintendent of Police, and using this space for building ranges of wards, and by altering the basement floors of the present Gaol and the upper stories and the women's ward, the whole Gaol might be adapted to the "separate" system and at least 500 cells provided.
Though strongly recommended as making the Gaol more complete, this proposal may be considered too extensive at present, and the Committee have not thought it necessary to go minutely into details or to ask the Surveyor General for an estimate of the cost.
But the Committee are of opinion that although they are not in a position to recommend a reconstruction of the whole Gaol, the partial adaptation of the present buildings to solitary cells might be carried out at no great expense and with very excellent results especially in the case of Chinese prisoners convicted for the 2nd or 3rd time.
The Surveyor General made a calculation that by converting the basements of the Gaol, the present wings, 63 solitary cells could be constructed, and by adding 12 by converting the women's ward would make 75.
It has been proposed that the present Dead House and Store Room contained in the same yard which is 44 feet long by 14 broad should be converted into a women's ward with 2 rooms for the Matron. The space is sufficient as 20 women are the maximum number confined at any one time on record.
The objection has been raised that there is no yard annexed in which the women could take exercise, and that the Police latrine is on the other side of the wall.
But these objections might possibly be overcome, but still they are of weight. Another proposal is that the range of buildings at present forming the Magistrates' Courts shall be given be up to the Turnkeys and Gaol Officers and that their present quarters should be occupied by the Hospital on the lower storey and by the women's ward on the upper, and that over the Turnkeys' cook-houses quarters for the debtors should be built.
This is a plan which the Committee (although they strongly recommend, if it could be entertained, the larger scheme of reconstruction) consider ought to be brought prominently under the notice of His Excellency.
A site for Magistrates' Courts, it is stated, was procured some time ago, just below the present residence of the Captain Superintendent of Police, and the dilapidated condition of the Courts now in use rendering it very improbable that they can stand much longer, the Committee would strongly recommend that new Courts be built on the site indicated, and that the present building be employed as quarters for the Gaol Officers as long as it is habitable.
The Committee think it only necessary to make these suggestions without going into question of cost or questions of general expediency. The requisite information would of course be sought for from the Surveyor General, should the suggestion be entertained.
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