Chapter 11:03 - Whipping and Flogging

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L.R.O. 1/2012
LAWS OF GUYANA
WHIPPING AND FLOGGING ACT
CHAPTER 11:03
Act
34 of 1922
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 6 ... 1/2012
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L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 11:03
WHIPPING AND FLOGGING ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Regulation of sentences of whipping and flogging.
4. Regulations for carrying out sentences of whipping or flogging.
5. Maximum number of strokes in the case of cumulative sentences.
__________________________ 1919 Ed.
c. 275
1953 Ed.
c. 20 _______________________________________________________
34 of 1922 An Act to Consolidate and amend the Law relating to
Whipping and Flogging.
[30th DECEMBER, 1922]
Short title.

Interpretation.
1. This Act may be cited as the Whipping and
Flogging Act.
2. In this Act—
“child” means a person who is, in the opinion of the court,
under the age of fourteen years;
“the court” means a magistrate’s court or the High Court, as
the case may be;
“guardian” in relation to a child means the parent or the
lawful guardian of the child and includes anyone who, in
the opinion of the court having cognizance of any case in
which the child is concerned, has for the time being the
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Regulation of
sentences of
whipping and
flogging.
custody, control or charge of the child;
“keeper” includes the superintendent or other chief resident
officer of a prison;
“prison” includes any lock-up house, police-cell, or other duly
authorised place of detention for persons in custody;
“sentence” includes adjudication, and also a sentence passed
by the lawful authority upon any prisoner for breach of
any prison or other regulation.
3. Sentences of whipping and flogging shall be subject
to the following provisions of this section:
(a) a female shall not be sentenced to be
whipped or flogged; but in any case
where that sentence may be passed on
a male the court may sentence a
female of or above the age of fourteen
years to undergo solitary
confinement, or any other additional
punishment permitted by law to be
inflicted on a female for an offence
against the rules of the prison;
(b) a child shall not be sentenced to be
flogged, but may be sentenced to be
whipped;
(c) every sentence of whipping or
flogging shall specify the number of
strokes to be inflicted; the number of
strokes shall not exceed twelve in the
case of a whipping or twenty-four in
the case of a flogging;

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Regulations for
carrying out
sentences of
whipping or
flogging

(d) where anyone sentenced to be
whipped or flogged is not in custody,
the person directed by the court may
take him to the place where the
sentence is to be carried out, and
detain him for the time necessary for
carrying out the sentence;
(e) no one shall be sentenced to be
whipped or flogged more than once
for the same offence.
4. A sentence of whipping or flogging shall be carried
out subject to the following regulations:
(a) a sentence of whipping or flogging
shall be carried out with an
instrument from time to time
approved by the Minister;
(b) a sentence of whipping shall be
carried out privately within the
precincts of a prison, or at a police
station, or at any other place directed
by the court; and a sentence of
flogging shall be carried out within
the precincts of a prison, and no one
not officially connected with the
prison shall be allowed to be present
thereat;
(c) a sentence of whipping or flogging
carried out in a prison shall be carried
out in the presence of the medical
officer of the prison or of some other
duly qualified medical practitioner,
and the medical officer or practitioner
shall have power, on the ground of
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Maximum
number of
strokes in the
case of
cumulative
sentences
the illness or infirmity of the person in
respect of whom the sentence was
passed, to direct any abatement of the
number of strokes or the
postponement of the carrying out of
the sentence;
(d) a child who is sentenced to be
whipped shall be whipped by a
prison officer in the presence of the
keeper of the prison, or by a police or
other constable in the presence of an
officer or a non-commissioned officer
of police, and also in the presence, if
he desires to be present, of the
guardian of the child; and the
whipping may be inflicted at once
unless the child, or the guardian of
the child, forthwith gives notice of
appeal against the conviction and
complies with the requirements of the
law for the time being in force relating
to appeals from the decisions of
magistrates’ courts;
(e) each sentence of whipping or flogging
shall be executed continuously.
5. When a person is convicted at the same sitting of
the court of any two or more distinct offences, for any two or
more of which a sentence of whipping or flogging may be
passed, the aggregate number of strokes to be inflicted under
all the sentences shall not exceed twelve in the case of a
whipping or twenty-four in the case of a flogging.
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