Corporal Punishment (Offenders Over Eighteen)

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Corporal Punishment (Offenders over Eighteen)
L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–6 . .

Act
7 o f 1 9 5 3
Amended by

9 of 1994
66 of 2000
16 of 2005 (By implication)
18 of 2005

LAWS OF TRINIDAD AND TOBAGO

CORPORAL PUNISHMENT
(OFFENDERS OVER EIGHTEEN) ACT

CHAPTER 13:04

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

Corporal Punishment
2 Chap. 13:04 (Offenders Over Eighteen)

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Corporal Punishment
(Offenders Over Eighteen) Chap. 13:04 3

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

CHAPTER 13:04

CORPORAL PUNISHMENT (OFFENDERS OVER
EIGHTEEN) ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

2. Power of Court to impose sentences of corporal punishment (on
offenders above the age of eighteen years for certain offences).

3. Limitation of power to award corporal punishment.

4. Number of strokes that may be awarded.
Whipping in lieu of flogging.

5. Determination of age.

6. Sentence of flogging.

7. Instrument of punishment.

8. Administration of punishment.

9. Medical Officer’s report.

10. President may remit sentences.

SCHEDULE.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

(1951-53 Ed).
Vol. 1.
Ch. 4. No. 28
7 of 1953.
[66 of 2000].

Commencement.

Short title.
[66 of 2000].

Power of Court
to impose
sentences of
corporal
punishment.
Schedule.
[66 of 2000].

Limitation of
power to award
corporal
punishment.

Number of
strokes that
may be
awarded.

Whipping in
lieu of flogging.

Determination
of age.

CHAPTER 13:04

CORPORAL PUNISHMENT (OFFENDERS OVER
EIGHTEEN) ACT

An Act relating to the Corporal Punishment of Offenders
above the age of eighteen years.

[2ND APRIL 1953]

1. This Act may be cited as the Corporal Punishment
(Offenders over Eighteen) Act.

2. Any male offender, above the age of eighteen years, on
being convicted before the High Court of any of the offences
mentioned in the Schedule, may be ordered by the Court to be
flogged in addition to any other punishment to which he is liable.

3. (1) In any case where a person convicted is sentenced to
undergo capital punishment, corporal punishment shall not be
inflicted.

(2) No person shall be sentenced to undergo corporal
punishment more than once for the same offence.

4. (1) In every sentence of flogging the Court shall specify
the number of strokes to be inflicted which shall not in any case
exceed twenty.

(2) Where any offender is convicted at one trial of two
or more distinct offences, any two or more of which are legally
punishable with flogging, the combined sentences of flogging
shall not exceed twenty strokes.

(3) The Court may in lieu of flogging order the offender
to be whipped provided that the number of strokes shall not
exceed twenty.

5. In determining the age of an offender for the purposes of
this Act, the Court may, in the absence of direct evidence,
adjudge such age according to the appearance of the offender.

Corporal Punishment
4 Chap. 13:04 (Offenders Over Eighteen)

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Corporal Punishment
(Offenders Over Eighteen) Chap. 13:04 5

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Sentence of
flogging.
[18 of 2005].

Instrument of
punishment.

Administration
of punishment.

Medical
Officer’s report.

6. Where a person who has been sentenced to be flogged or
whipped appeals the decision of the Court, the sentence of
flogging or whipping may be carried out at any time after the
sentence is affirmed.

7. The instrument to be used for carrying out a sentence of
flogging shall be the ordinary cat-o-nine tails and for carrying out
a sentence of whipping a rod of tamarind, birch or other switches
or in either case such other instrument as the President may from
time to time approve.

8. (1) A sentence of flogging shall not be carried out in
public but shall be carried out within the walls of the prison
within which the offender is imprisoned.

(2) Every sentence of flogging shall be carried out in the
presence of the Medical Officer of the prison or of some other
duly qualified medical practitioner.

(3) The Medical Officer or practitioner may, in any case
in which he considers the offender to be physically unfit to
undergo the punishment either before the flogging or after the
partial execution of the sentence, interfere and, by order in
writing addressed to the Keeper of the prison, direct the flogging
or the remainder of the flogging to be suspended.

(4) No persons other than the Medical Officer or
practitioner shall be present when a sentence of flogging is
carried into execution unless they are officially connected with
the prison in which the flogging is inflicted.

9. The Medical Officer or practitioner appointed to be present
at the execution of a sentence of flogging shall, within two days
thereafter, report to the President in writing the state and condition
of the person so punished, and whether the punishment has been
inflicted fully or partially, and, if partially, to what extent, and, if he
has interfered to prevent the execution or completion of the
punishment directed, the grounds on which he has so interfered.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Corporal Punishment
6 Chap. 13:04 (Offenders Over Eighteen)

LAWS OF TRINIDAD AND TOBAGO

President may
remit sentences.

Section 2.
[18 of 2005].

10. The President, on the receipt of the report mentioned in
section 9 may, if he sees fit, by order in writing addressed to the
Keeper of the prison where the person sentenced to undergo
flogging is imprisoned, altogether remit any part of the flogging,
or, subject to section 6, order the same to be inflicted on such
other day as the President may see fit.

SCHEDULE

OFFENCES FOR WHICH AN OFFENDER MAY BE
ORDERED TO BE FLOGGED

1. Any offence involving violence wherein the offender inflicted a wound
with any firearm or any sharp cutting or pointed instrument whatsoever or any
bottle or glass, whether broken or otherwise, or any other weapon likely to do
any grievous bodily harm.

2. Any offence wherein the offender committed or attempted to commit
an assault involving the use of any corrosive fluid or any destructive or
explosive substance with intent to disfigure or do any grievous bodily harm to
any person or had in his possession such fluid or substance with the intention
and for the purposes aforesaid.

3. Robbery with violence, or with aggravation.

4. Rape.

5. Any attempt to commit the offences specified in paragraphs 3 and 4.

6. Incest.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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