Flogging Regulation Act

Link to law: http://www.moj.gov.jm/laws/flogging-regulation-act
Published: 1903-03-21

FLOGGING REGULATION 1

THE FLOGGING REGULATION ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Limitation of strokes.
3. Combined sentences at one trial.
4. Sentences for breach of prison regulations. etc.
5. Instrument.
6. Punishment to be inflicted in presence of surgeon.
I . Surgeon to report to Governor-General.
8. Governor-General may postpone or remit punishmmt.
9. Females.

10. Interpretation.
Evidence.

[The inclusion of th is page is authorized by L.N. 480/1973]

FLOGGING REGULATION 3

C

i

THE FLOGGING REGULATION ACT cap W t

I21st March. 1903.1

1. This Act may be cited as the Flogging. Regulation Shorttitle.
Act.

2. When a person is convicted of any oEence legally Limitation
of 8tMkCp. punishable by flogging, the sentence awarded by the Court

for such offence shall not, anything in any law of this Island
to the contrary notwithstanding, exceed the number of
twenty-four strokes in the case of adults, and twelve strokes
in the case of juvenile offenders, and the number of strokes
shall be stated by the Court in such sentence.

3. When a person is convicted at one trial of any two Combined
or more distinct offences, any two or more of which are
legally punishable by flogging, the combined sentences
awarded by the Court for any such offences shall not, any-
thing in any law of the Island to the contrary notwith-
standing, exceed a total number of twenty-four strokes in
the case of adults, and twelve strokes in the case of juvenile
offenders.

4. When any sentence of flogging shall be passed by the smtmces
lawful authority upon any prisoner for breach of any prison ofprison
or other regulation, the total number of strokes to be zatiow
inflicted under such sentence shall not exceed twenty-four
in the case of adults. and twelve in the case. of juvenile
offenders; and no prisoner shall be liable to more than one
such sentence in respect of the acts or omissions in respect
of which he shall have been sentenced as aforesaid.

for breach

me inclusion of t h i s page ia authorizcd by LN. 480/19731

4 FLOGGING REGULATION

In- 5. No sentence of flogging shall be camed out except
with an instrument approved by the Minister.

Punishment
to be in-
flicted in
presence of
surgeon

6.-(1) The punishment of flogging shall never be
inflicted except in the presence of the surgeon of the prison
in which the prisoner is at the time conbed; and such
surgeon is hereby required to attend thereat, or, in his
absence, some other duly qualified medical practitioner,
who are respectively hereby empowered to interpose after
partial execution of the sentence of flogging, and to direct
the postponement of the remainder thereof until such time
as the convict may be able to undergo the same.

(2) Every person shall be flogged in the prison in
which he is confined.

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7. The surgeon or medical practitioner present at every
such flogging punishment shall, within seven days after
every infliction, or any part thereof, furnish a report to
the Governor-General of the state and condition of the
prisoner, so punished, and whether the punishment has been
fully or partially, or to what extent, inflicted.

~ovcmor- 8. The Governor-General shall, if he thinks fit, under the
circumstances of any case, direct a further postponement msY pod-

poneor or altogether remit the remainder of such punishment, by
punishment. order to such effect respectively to the Superintendent or

gaoler, who, and all others whom it may concern, shall
be governed thereby accordingly.

remit

F d a . 9. In no case shall a sentence of flogging be passed upon
a female, either by the Courts, or in the prisons of $the
Island.

I

I n m e b - lOm-(l) In this Act-
“adult” means a person over the age of six- hen.

teen years;
inclusion of this page is authorized by LN. 48Ol19731

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FLOGGING REGULATION 5

“juvenile offender” means a person under

(2) The Court or prison authority legally awarding Evidcnec.
that age.

the punishment of flogging shall, in the absence of evidence
satisfactory to such Court or person in authority, as to
the actual age of the person upon whom such punishment
is to be inflicted, be entitled to decide summarily that such
person is either an adult, or juvenile offender, and to direct
the number of lashes or strokes accordingly.

[rac induaion of this past is authorid by LN. 480/19731
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