CO129-388 - Governor Sir Lugard - 1912 [1-2] — Page 336

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18 MAR 19

Hon. Colonial Secretary,

The Flogging Amendment Bill referred to in para-

-graph 2 of the Despatch was dropped at any rate for the time being and there are several minutes in the file relating to that Bill which deal with the question of solitary confinement.

The punishment of solitary confinement as a court sentence generally was abolished by the Penalties Amendment Ordinance in order to bring our law into line with the law at home which is stated shortly in the Encyclopaedia of Laws thus:

"Solitary confinement In many statutes of the *last century power was given to courts of justice to sentence persons *convicted to solitary confinement during part of any period of im- "-prisonment lawfully imposed. Courts ceased to exercise the power *in consequence of the Prison Act 1865 28 and 29 V. c. 126 under which *(8 17) imprisonment in separate cells and prevention of communication "with other prisoners is prescribed as a rule for prison treatment; "and most if not all of the enactments authorising courts to include "solitary confinement as part of the sentence were repealed in 1892,

19 *55 and 56 V. c. and 1893 56 and 57 V. c. 54 s. 1 schedule)".

the

Making solitary confinement a portion of the Flogging Bill does not really affect the general principle of the Penalties Ordinance because in the Bill solitary confinement was to be alternative of flogging in the case of persons who but for their sex would be flogged.

6th. January, 1912.

(sd.) C. G. Alabaster.

Attorney-General.