155. The following offences will render prisoners liable to corporal punishment: Mutiny or incitement to mutiny. Gross personal violence to an officer or servant of the prison. Corporal punishment for these offences shall only be inflicted (1) on the order of three Visitors specially summoned, after enquiry upon oath and determination concerning the matter reported to them; and (2) on approval by the general or other officer commanding the district or station. Corporal punishment shall be inflicted with a "cat" or birch rod, and the instruments in both instances shall be of a pattern approved by the Secretary of State. The number of lashes or strokes inflicted on a prisoner shall not exceed 25. The order for the punishment shall be duly entered in the appointed manner, and the number of lashes or strokes and the instrument with which they are to be inflicted, shall, in all cases, be stated in such order. 156. All corporal punishments within the prison shall be attended by the governor and the medical officer. The medical officer shall give such orders for preventing injury to health as he may deem necessary, and it shall be the duty of the governor to carry them into effect, and the governor shall enter in the punishment book the hour at which the punishment is inflicted, the number of lashes or strokes, and any orders which the medical officer may have given on the occasion. 157. No dietary punishment shall be inflicted on any prisoner, nor shall he be placed in close confinement, nor shall corporal punishment be inflicted, unless the medical officer shall certify, that such prisoner is in a fit condition of health to undergo such punishment. 158. The governor shall enter in the punishment book a statement of the nature of any offence punished by him or the Visitors, with the addition of the name of the offender, the date of the offence, and the punishment inflicted. 159. No prisoner shall be put in irons or under mechanical restraint by the governor of any prison except in case of urgent necessity, and the particulars of every such case shall be forthwith entered in the governor's journal, and notice forthwith given thereof to one of the Visitors; and no prisoner shall be kept in irons or under mechanical restraint for more than 24 hours without an order in writing from a Visitor specifying the cause thereof, and the time during which the prisoner is to be kept in irons or under mechanical restraint, which order shall be preserved by the governor as his warrant. No prisoner shall be put in irons, or under any other mechanical restraint, as a punishment. Irons or other means of mechanical restraint shall be used only when necessary for the purpose of restrain ing the prisoner. No irons or other means of restraint shall be made use of except those of such patterns as have been duly approved. Reports. 160. There shall be kept in the prison a book, to be called the "Non-Resident Officers' Book," in which the chaplain and any other officers of the prison not residing within the prison, but attending on or required to attend on such prison, shall regularly enter the date of every visit made to the prison by such officer, and every entry shall be signed with the name and be in the handwriting of such officer, and such book shall once at least in each quarter of a year be laid before the Visitors at such times as they may appoint, and shall be signed by the chairman in proof of the same having been produced. * Offences in relation to Prisons. 161. The following sections (37, 38, and 39) of the Prison Act, 1865, shall be applicable to Military Prisons, as provided in Section 133 of the Army Act: "37. Every person who aids any prisoner in escaping or attempting to escape from any prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress, or other disguise, or any letter, or any other article or thing, shall be guilty of felony, and on conviction be sentenced to imprisonment with hard labour for a term not exceeding 2 years. "38. Every person who, contrary to the regulations of the prison, brings or attempts by any means whatever to introduce into any prison any spirituous or fermented liquor or tobacco, and any officer of a prison who suffers any spirituous or fermented liquor or tobacco to be sold or used therein, contrary to the prisons regulations, on conviction shall be sentenced to imprisonment for a term not exceeding six months, or to a penalty not exceeding twenty pounds, or both, in the discretion of the court, and every officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office and all arrears of salary due to him. "39. Every person who, contrary to the regulations of a prison, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations, into or out of any prison, shall, on conviction, incur a penalty not exceeding ten pounds, and, if an officer of the prison, shall forfeit his office and all arrears of salary due to him; but this section shall not apply in cases where the offender is liable to a more severe punishment under any other provision of this Act." 162. A notice setting forth the penalties that will be incurred by persons committing any offence in contravention of the three preceding sections shall be affixed in a conspicuous place outside the prison. * 28 & 29 Vict. c. 126. Scales of Diet for Ill-conducted and Idle Prisoners. No. 1 SCALE. This scale when given for a period of 3 days or less, is to consist of 1 lb. bread per diem, with water. When given for more than three days it is to consist of (a.) 1 lb. bread per diem, with water; (b.) The ordinary diet of the prison, for alternate and equal periods not exceeding 3 days (respectively) in duration. Thus, if a prisoner be sentenced to have the No. 1 scale for 12 days, he would be on bread and water for a total of 6 days, the bread and water days alternating with the ordinary diet days in periods of 1, 2, or 3 days, at the discretion of the governor, subject to any recommendation from the general officer. The No. 1 scale may be ordered for any single term not exceeding 18 days. No task of labour is to be enforced on any one of the days on which bread and water constitute the sole food supplied to the prisoner; nevertheless he may be allowed the option of performing suitable labour in his cell. No prisoner who has been upon this scale for a period of 3 days continuously can again be placed upon it for a fresh offence until the expiration of an interval of 3 days, during which interval he will receive the ordinary diet of the prison. No. 2 SCALE. For prisoners performing a daily task of light labour in cells. The scale when given for a period of 21 days or less, is to be as follows: Stirabout Diet. Breakfast.-Bread, 8 oz. Dinner.-1 pint stirabout, containing 2 oz. oatmeal; 2 oz. Supper.-Bread, 8 oz. When the No. 2 scale is ordered for a period exceeding 21 days, it is to consist of the above stirabout diet for the first 3 weeks, and after the fourth week. During the fourth week the prisoner is to receive the ordinary prison diet. The entire period for which any single term of the No. 2 scale may be ordered is not to exceed 42 days. No prisoner who has been upon this scale for a period of 21 days continuously can again be placed upon it until the expiration of an interval of 1 week, during which interval he will receive the ordinary prison diet. No. 3 SCALE. For prisoners performing a daily task of hard labour in cells. This scale, when given for a period of 42 days or less, is to be as follows: Full Stirabout Diet. Breakfast.-Bread, 8 oz. Dinner.-1 pint stirabout, containing 3 oz. oatmeal; 3 oz. When the No. 3 scale is ordered for more than 42 days, it is to consist of the above-mentioned full stirabout diet for the first six weeks and after the eighth week. During the interval of 14 days the prisoner is to receive the ordinary prison diet. The entire period for which any single term of the No. 3 scale may be ordered is not to exceed 84 days. No prisoner who has been upon this scale for a period of 42 days continuously can again be placed upon it until the expiration of an interval of 14 days, during which interval he will receive the ordinary prison diet. NOTE. If a prisoner who is already on the No. 2 scale or No. 3 scale should misconduct himself in such a way as to necessitate the employment of the No. 1 scale, the scale upon which he was first placed may be temporarily interrupted and he may be placed on the No. 1 scale under the instructions applying to that scale. On the expiration of the period awarded on the No. 1 scale, he is to resume the scale originally ordered. and the period during which he was upon No. 1 scale is not to count as part of the period on either of the other scales to which he was originally sentenced. (b.) Appointment of Prisons. (i.) Army Orders appointing Military Prisons. ARMY ORDER 87 OF 1882, DATED APRIL 1, 1882. The Secretary of State for War has, in pursuance of the power vested in him by section 133 of the Army Act, 1881,* set apart the building now used as a provost prison at Aldershot as a military prison, and has declared the same to be a military prison accordingly. ARMY ORDER 62 OF 1885, DATED MARCH 1, 1885. The Secretary of State for War has, in pursuance of the powers vested in him by section 133 of the Army Act, 1881,* set apart the provost prison at the Citadel, Cairo, and the garrison provost prison at Alexandria, as military prisons, and has declared the same to be military prisons accordingly. * 44 & 45 Vict. c. 58, ARMY ORDER 532 OF 1888, DATED DECEMBER 1, 1888. The Secretary of State for War has, in pursuance of the power vested in him by section 133 of the Army Act, 1881,* set apart the undermentioned prison as a military prison, and has declared the same to be a military prison accordingly. Stirling Prison. In pursuance of the powers vested in him by section 133 of the Army Act, the Secretary of State for War has set apart the prison at Wynberg, Cape Colony, as a Military Prison, and has declared the same to be a Military Prison accordingly. ARMY ORDER 123 OF 1897, DATED SEPTEMBER 1, 1897. In pursuance of the powers vested in him by section 133 of the Army Act, the Secretary of State for War has set apart the prisons at York and Colchester as Military Prisons, and has declared the same to be Military Prisons accordingly. ARMY ORDER 125 OF 1901, DATED MAY, 1901, DECLARING CERTAIN PROVOST PRISONS TO BE MILITARY PRISONS AS AMENDED BY ARMY ORDERS 228 OF 1901, 77 AND 257 OF 1902, AND 86, 114, AND 198 OF 1903.† 1. In pursuance of the powers vested in him by Section 133 of the Army Act, the Secretary of State for War has set apart the provost prisons at the undernamed places as military prisons, and has declared the same to be military prisons accordingly : At Home. Devonport; Curragh; Sheffield; Preston; Warley; Weedon; [Brecon]; Bristol; Newport, Monmouth; [Exeter]; Pembroke Dock; Parkhurst; South Hill, Jersey; Fort George, Guernsey; Chatham; [Gravesend]; [Sheerness]; [Shoeburyness]; [Canterbury]; [Lydd]; Woolwich; [Tower of London]; [Wellington Barracks]; [Chelsea Barracks]; Windsor; Edinburgh Castle; Fort George; Glasgow; Athlone; [Birr]; [Longford]; Mullingar; [Castlebar]; [Cahir]; [Clonmel]; [Kilkenny]; Limerick; [Templemore]; and Tipperary. 44 & 45 Vict. c. 58. The places printed in [italics] are no longer used as military prisons, see Army Orders 228 of 1901, 257 of 1902, and 86 and 198 of 1903. At Home, Portland and Shorncliffe have been made branch prisons by Army Orders 86 of 1903 and 228 of 1901. Woking has been made a central military prison and Woolwich a branch prison by Army Order 77 of 1902. Abroad, Khartoum has been made a branch prison by Army Order 114 of 1903. 18042 R |