Abolition of Capital and Corporal Punishment Act 1999

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1999/Acts/Abolition%20of%20Capital%20and%20Corporal%20Punishment%20Act%201999.pdf

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Abolition of Capital and Corporal Punishment Act 1999
ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

1

BERMUDA
1999 : 51

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

[Date of Assent 23 December 1999]

[Operative Date 23 December 1999]

WHEREAS it is expedient to amend the Criminal Code to abolish
capital and corporal punishment as penalties that may be imposed by a
court for an offence and to make consequential amendments to other
enactments:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act may be cited as the Abolition of Capital and Corporal
Punishment Act 1999.

Abolition of capital punishment as a penalty for any offence
2 With effect from the date of commencement of this Act, no
person shall suffer capital punishment as a penalty that may be imposed
by a court for any offence.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

2

Abolition of corporal punishment as a penalty for any offence
3 With effect from the date of commencement of this Act, no
person shall suffer corporal punishment as a penalty that may be
imposed by a court for any offence.

Consequential amendments
4 The provisions of the enactments specified in column 1 and
described in column 2 of the Schedule are amended in the manner
respectively specified in column 3 of the Schedule.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

3

SCHEDULE (section 4)

COLUMN 1
ENACTMENT
AND PROVISIONS
THEREOF

COLUMN 2
DESCRIPTION
OF SUBJECT MATTER

COLUMN 3
AMENDMENT

Criminal Code Act
1907

Proviso to section 47 Acts done in resistance to
violence

Delete paragraph
(a) and the word
"or".

Proviso to section 48 Acts done for purpose of
self-preservation

Delete paragraph
(a) and the word
"or".

Section 49(2) Compulsion of husband Delete "an offence
punishable with
death" and
substitute
"premeditated
murder".

Section 53(a) Imposition of death as a
kind of punishment

Delete.

Section 53(d) Imposition of whipping as
a kind of punishment

Delete.

Section 54(d) Recognizance as alternative
to imprisonment

Delete "not
punishable with
death".

Section 55 Punishment of death Delete.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

4

Section 59 Restriction in respect of
persons upon whom the
punishment of whipping
may be administered

Delete.

Section 60 Administration of sentences
of whipping

Delete.

Section 63(1) Absolute and conditional
discharge

Delete "(not being
an offence
punishable with
death)".

Section 65(1) Probation orders Delete "not being
an offence
punishable with
death but".

Section 74 Effect of endurance of
punishment

(1) Delete from
the section
heading "not
capital".

(2) Delete "not
punishable
with death".

Section 76 Punishment for felony
where no special
punishment provided

Delete "not
punishable with
death".

Section 82 Treason Delete "the
punishment of
death" and
substitute
"imprisonment for
life without
eligibility for release

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

5

on licence until the
person has served
twenty-five years of
the sentence".

Proviso to section
120(1)

Punishment of perjury Delete "with death
or".

Proviso to section
127(2)

Conspiring to bring false
accusation

Delete "to death or".

Section 135 Release from lawful custody (1) In subsection
(1) insert after
"felony" the
words "and is
liable to
imprisonment
for life".

(2) Delete
subsections (2)
and (3).

Section 138 Police officer wilfully
permitting escape

(1) In subsection
(1) insert after
"felony" the
words "and is
liable to
imprisonment
for life".

(2) Delete
subsections (2)
and (3).

Section 159 Punishment of piracy Delete the proviso
and substitute a
period for the colon
after "life".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

6

Section 160 Attempted piracy with
personal violence

Delete "the
punishment of
death" and
substitute
"imprisonment for
life".

Section 183(1) Intercourse with a woman
suffering from severe
mental impairment

Delete "with or
without whipping".

Section 184(1) Procuring or attempting to
procure a woman or girl
under 21 for immoral
purposes

Delete ", with or
without whipping".

Section 185(1) Procuring or attempting to
procure unlawful carnal
knowledge of a woman or
girl by threats or other
means.

Delete ", with or
without whipping".

Section 186(1) Living on the earnings of
prostitution

Delete ", with or
without whipping".

Proviso to section
187(1)

Exercising control over a
woman or girl with a view to
her prostitution

Delete ", with or
without whipping".

Section 198(3) Acts of indecency involving
young children

Delete "with or
without whipping".

Section 242(2) Use of force by police officer
in preventing escape from
arrest

Delete "death or"
where it secondly
appears.

Section 286A(2) Premeditated murder Delete "death" and
substitute
"imprisonment for
life without

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

7

eligibility for release
on licence until the
person has served
twenty-five years of
the sentence".

Section 289 Attempted murder Delete the semi-
colon next after
"years" and every
word next following
that word.

Section 310 Assault on a police officer,
customs officer or other
officer

Delete ", with or
without whipping".

Section 345(1) and the
proviso to that
subsection

Robbery Delete ", with or
without whipping".

Section 346(1) Assault with intent to rob Delete "with or
without whipping".

Proviso to section
346(1)

Assault with intent to rob Delete ", with or
without whipping".

Section 347 Stealing in a dwelling house
and putting any person in
fear

Delete ", with or
without whipping".

Section 348 Demanding property with
menaces with intent to steal

Delete ", with or
without whipping".

Section 349 Demanding property with
written threats

Delete ", with or
without whipping".

Section 350(2), (3)
and (4)

Attempts at extortion by
threats

Delete ", with or
without whipping".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

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Section 350(2)(a) Attempts at extortion by
threats

Delete and
substitute the
following —

"(a)is of an offence
for which the
punishment
of imprisonment
for four years
may be im-
posed; or".

Section 353(1) Specified offences for
purposes of punishment of
certain offences

Delete.

Section 354(1) Housebreaking Delete every word
next after "years"
and substitute a
period.

Section 354(2) Burglary Delete ", with or
without whipping".

Section 355 Entering a dwelling house
with intent to commit a
felony

Delete every
word next after "five
years" to
and including
"imprisonment".

Proviso to section 355 Entering a dwelling house
with intent to commit a
felony

Delete ", with or
without whipping".

Section 356 Breaking buildings and
committing a felony therein

Delete every word
next after "seven
years," and sub-
stitute a period.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

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Section 358(1) Breaking and entering a
place of worship

Delete every word
next after "seven
years," and sub-
stitute a period.

Section 550 Recording sentence of
death

Delete.

Section 553 Sentence on pregnant
woman convicted of offence
punishable with death

Delete.

Criminal Appeal Act
1952

Section 7(5) Time for giving notice of
appeal against a sentence
of whipping by a court of
summary jurisdiction being
a Children's Court

Delete.

Proviso to section 8(1) Extension of time for appeal
not to apply to a person
sentenced by a Children's
Court under section 7(5)

(1) Delete the semi-
colon immedi-
ately preceding
the proviso and
substitute a
period.

(2) Delete the
proviso.

Section 11(2)(d)(iii) and
11(2)(d)(iv)

Effect of giving notice of
appeal on a sentence of
whipping

(1) Insert "and"
next after the
semi-colon in
sub-paragraph
(iii).

(2) Delete sub-
paragraph (iv).

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

10

Court of Appeal Act
1964

Section 29 Waiting period in respect
of sentences of death or
corporal punishment

Delete.

Prisons Act 1979

Section 6(a) Sentence of death in
respect of persons who may
be received and detained in
prisons

Delete.

Section 6(q) and (r) Corporal punishment in
respect of persons who may
be received and detained in
prisons

Delete.

Section 8(2)(a) Treatment of particular
classes of prisoners under
prison rules

Delete.

Section 23 Execution of sentence of
death

Delete.

Prison Rules 1980

Rule 21 Record of death of prisoner Delete "(other than
in respect of a
prisoner upon
whom sentence of
death has been
executed)".

Rule 115 Reports in respect of
untried prisoners charged
with an offence punishable
with death

Delete.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

11

Rule 116 Reports in respect
of untried prisoners
charged with an offence
punishable with corporal
punishment

Delete.

Rule 118 Rules in respect of appeals
to the Supreme Court, the
Court of Appeal or Her
Majesty-in-Council

Delete "death or to"
and "or to corporal
punishment".

Rules 127, 128 and
129

Prisoners under sentence of
death

Delete.

Part VI Execution of sentences of
death or corporal
punishment

Delete.

Rules 152, 153 and
154

Execution of sentences of
death

Delete.

Rules 155, 156, 157
and 158

Execution of sentences of
corporal punishment

Delete.

Senior Training
School Rules 1951

Rule 32(2) and (3) Reference of report of
certain offences to the
Board for investigation

Delete and substi-
tute—

" (2 )The Board shall, as soon may be, investigate the report and after such investigation may impose such one or more of the punishments upon

the inmate as may
lawfully be imposed
under section 67 of
the Young
Offenders Act
1950.".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

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Rule 34 Medical certificate of fitness
for punishment

Delete "Corporal
punishment,
confinement" and
substitute
"Confinement".

Young Offenders Act
1950

Section 5 Restriction on sentence of
death of person under 18

Delete.

Section 9(1) Jurisdiction of Children's
Courts and Supreme Court
in charges against children

(1) Delete
paragraph (a)
and substitute—

"(a)a charge of
murder;
or".

(2) Delete "or other
offence
punishable with
death as afore-
said".

Section 16(h) Male child convicted of an
offence punishable with
imprisonment may be
whipped

Delete.

Proviso to section
23(3)(b)

Breach of probation order Delete "or is
punishable with
whipping" and "or
to be whipped".

Proviso to section
24(3)(b)

Commission of further
offence after conditional
discharge or probation
order

Delete "or is
punishable with
whipping" and "or
to be whipped".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

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Section 28 Imposition of a sentence of
whipping on a child

Delete.

Section 43 Corrective training Delete subsection
(2) and in
subsection (3)
delete "Subject as
aforesaid, where"
and substitute
"Where".

Section 44 Removal to senior training
school

(1) Delete the colon
immediately
preceding the
proviso and
substitute a
period.

(2) Delete the
proviso.

Section 67(3) Punishment of offences
against senior training
school rules

Delete "Without
prejudice to
anything in section
68 (which relates to
the imposition of
corporal punish-
ment on inmates of
a senior training

school), and
subject" and
substitute
"Subject".

Section 67(4) Punishment of offences
against senior training
school rules

Delete "Without
prejudice to
anything in section
68, senior" and
substitute "Senior".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT
1999

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Section 68 Corporal punishment for
offences against senior
training school rules

Delete.

Section 81 Prohibition from inflicting
corporal punishment on a
female young offender

Delete.