CHAPTER I

1OF PUNISHMENTS

ARTICLE 1.

PUNISHMENTS.

THE following punishments are inflicted by the law of England for the crimes hereinafter defined:-Death, penal servitude, imprisonment, detention in a reformatory school, subjection to police supervision, whipping, fines, putting under recognizance.

ARTICLE 2.

PUNISHMENT OF DEATH.

2 The punishment of death is inflicted by hanging the offender by the neck till he is dead.

ARTICLE 3.

PUNISHMENT OF PENAL SERVITUDE.

3 The punishment of penal servitude consists in keeping the offender in confinement and compelling him to labour in the manner and under the discipline appointed by the Acts relating to penal servitude.

1 See 1 Hist. Cr. Law, ch. xiii. p. 457; see Draft Code, Pt. II., SS. 7-18.

2 As to treatment of prisoners under sentence of death in prison, see 28 & 29 Vict. c. 126, Sch. 1, 61. As to the history of the punishment of death and benefit of clergy, see 1 Hist. Cr. Law, 457–80.

3 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3; 27 & 28 Vict. c. 47; 42 & 43 Vict. c. 55, s. 2; 54 & 55 Vict. c. 69; and see 5 Geo. 4, c. 84. The subject of the nature of the punishment of penal servitude is discussed at length in R. v. Mount, 1875, L. R. 6 P. C. 283. See, too, 1 Hist. Cr. Law, 480-483.

ARTICLE 4.

PUNISHMENT OF IMPRISONMENT.

1 The punishment of imprisonment consists in the detention of the offender in prison, and in his subjection to the discipline appointed for prisoners during the period expressed in the sentence.

Imprisonment is of three kinds:

(i.) Imprisonment with hard labour.

(ii.) Imprisonment without hard labour.

(iii.) Imprisonment as a misdemeanant of the first division.

ARTICLE 5.

IMPRISONMENT TO BE SEPARATE.

2 All prisoners sentenced to imprisonment with or without hard labour must be prevented from holding any communication with each other, either by every prisoner being kept in a separate cell by day and by night, except when he is at chapel or taking exercise, or by every prisoner being confined by night to his cell and being subjected to such superintendence during the day as will, consistently with the provisions of the Prisons Act, 1865, prevent his communication with any other prisoner.

ARTICLE 6.

HARD LABOUR.

3 Hard labour is of two classes, consisting

(1.) Of work at the tread-wheel, shot-drill, crank, capstan, stone-breaking, or such other like description of hard 1 See 28 & 29 Vict. c. 126. As to the history of the punishment of imprisonment, see 1 Hist. Cr. Law, 483-487.

2 28 & 29 Vict. c. 126, s. 17.

of solitary confinement.

3 28 & 29 Vict. c. 126, s. 19.

This has practically superseded sentences

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bodily labour as may be appointed by the Secretary of State.

(2.) Of such other description of bodily labour as may be appointed by the Secretary of State.

2 Every male prisoner of sixteen years of age and upwards sentenced to hard labour must, during the whole of his sentence, be kept at hard labour of the first class for such number of hours, not more than ten or less than six (exclusive of meals), as may be prescribed by the visiting justices, subject to the following provisions:

(1.) In cases in which the sentence is for more than three months the visiting justices may, after the expiration of the first three months of the sentence, substitute hard labour of the second for hard labour of the first class.

(2.) If the surgeon certifies that any prisoner is unfit to be kept at either class of hard labour during the whole or any part of the prescribed hours, he shall not be kept to such labour during such time.

(3.) If the sentence is for a period not exceeding fourteen days, prisoners may, in pursuance of rules made by 1 the Secretary of State, be kept in separate confinement at hard labour of the second class during the whole period of their

sentences.

3 Every male prisoner under the age of sixteen sentenced to hard labour, and every female prisoner sentenced to hard labour, must be kept at hard labour of the second class during such number of hours-not more than ten or less than six (exclusive of meals)-in each day as may be prescribed by the visiting justices, unless the surgeon certifies that he or she is unfit for hard labour.

1 Formerly the justices in Sessions explained in 28 & 29 Vict. c. 126, s. 6; but see 40 & 41 Vict. c. 21, s. 5 (2).

2 Ibid. Sch. I. 34 (redrawn).

3 Ibid. Sch. I. 35.

ARTICLE 7.

EMPLOYMENT OF PRISONERS NOT SENTENCED TO HARD

LABOUR.

1 Provision must be made by the visiting justices for the employment of all prisoners sentenced to imprisonment without hard labour. The visiting justices must make rules as to the nature and amount of such employment; but no prisoner not sentenced to hard labour can be punished for neglect of work, excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such prisoners.

ARTICLE 8.

SOLITARY CONFINEMENT.

It was formerly lawful for the Court to order solitary confinement as an incident of imprisonment. This became obsolete on the passing of 28 & 29 Vict. c. 126, s. 17 (see Art. 5, ante), and has now been abolished by various Statute Law Revision Acts. See in particular 56 & 57 Vict. c. 54.

ARTICLE 9.

IMPRISONMENT AS A MISDEMEANANT OF THE FIRST DIVISION.

2 Imprisonment as a misdemeanant of the first division is inflicted by confining the offender within the prison. Such a misdemeanant is not to be deemed to be a criminal prisoner.

He is permitted to maintain himself, and to procure or receive, at proper hours, food, wine, malt liquor, clothing,

128 & 29 Vict. c. 126, Sch. I. 38.

228 & 29 Vict. c. 126, s. 67 and Sch. I. 16, 31. The rules upon which this article is founded, apply in terms to debtors only; but as a misdemeanant of the first division is not to be regarded as a "criminal prisoner," it would seem to follow that he is to be treated as a debtor.

bedding or other necessaries; but subject to examination and to such rules as may be approved by the visiting justices.

He may be permitted to work and follow his trade or profession, provided such employment does not interfere with the regulations of the prison.

ARTICLE 10.

DETENTION IN A REFORMATORY.

1 The punishment of detention in a reformatory school is inflicted by detaining the offender in such a school, and subjecting him to the discipline thereof, in the manner provided by the statutes relating to reformatory schools.

ARTICLE 11.

SUBJECTION TO POLICE SUPERVISION.

The punishment of subjection to police supervision consists in the subjection of every person so punished to the following obligations when at large

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(a.) He must notify the place of his residence, and every change of his residence, within the same police district, to the 3 chief officer of police of the district in which his residence is situate. He must comply with this requirement by personally presenting himself and declaring his place of residence to the constable, or person who at the time when such notification is made is in charge of the police station or office of which notice has been given to such holder or person as the place for receiving such notification, or if no such notice has been given in charge of the chief office of such chief officer of police.

1 29 & 30 Vict. c. 117.

2 34 & 35 Vict. c. 112, s. 8 (language slightly altered).

3 For definitions of "police district," and "chief officer of police," see 34 & 35 Vict. c. 112, s. 20.

4 42 & 43 Vict. c. 55, s. 2. additions to the earlier Act.

The section contains some other very slight