§ MR. SCULLYsaid, he would beg to ask the Secretary of State for the Home Department, Whether his attention has been called to certain Returns lately presented to this House, showing that 1,138 persons (not being soldiers or sailors) of various ages from six to sixty-three years, have been recently flogged in England and Wales, receiving from six to fifty lashes, in many instances by the order of only one Magistrate, and frequently for very petty offences or acts of misconduct. And will he explain to the House these three cases, among numerous others of a similar character:—1. The case of a person, aged sixty-three years, who received twelve cuts of a cat for "refusing to work" in the House of Correction at Falkingham. 2. The case of a child, aged six years, who received twelve lashes at Knutsford on the 6th of June, 1864, besides seven days' hard labour, for "stealing one pocket-knife." 3. The case of a child, aged twelve years, sentenced on the 3rd of November, 1863, by the Reverend Algernon Peyton and Thomas Richardson, Esquire, for "stealing three gingerbread cakes," to fourteen days' hard labour, and to receive twelve Strokes with a birch rod, which were inflicted on the 11th of No- 78 vember, 1863, in the House of Correction at Wisbeach up to the eighth stroke, when the punishment was stopped by the surgeon in attendance? Does he consider it desirable that one or more country Magistrates should possess the summary power to inflict such ignominious punishments for trivial offences?
§ SIR GEORGE GREYreplied, that he was afraid he could not give any explanation with regard to these cases. As the hon. Member had stated, the Return contained 1,138 cases of flogging, but then it extended over a good many years, since the Acts had been in operation. All he could do was to state the law under which these punishments were inflicted. By far the greater number were inflicted on juvenile offenders under what was known as the Juvenile Offenders' Act 10 & 11 Vict. c. 82. Under this Act, boys under fourteen might on summary conviction before two Magistrates be whipped. By another Act, introduced by the hon. Member for Sheffield (Mr. Hadfield), it was provided that the sentence must in every case specify the number of lashes to be inflicted, and the instrument with which it was inflicted, and in the case of boys under fourteen the number of stripes was limited to twelve, and they were only to be administered with a birch rod. By far the greater part of these cases were dealt with by the Magistrates under that Act. There was also a general provision that a sentence by one Police Magistrate should have the force of a sentence by two other Magistrates. Another class of cases was provided for by the 4 Geo. IV. c. 64, which enacted that Visiting Justices of a prison, after inquiry on oath in the case of a prisoner sentenced to hard labour, might order the infliction of corporal punishment for repeated prison offences.
§ MR. HADFIELDsaid, he would beg to ask the Secretary of State for the Home Department, Whether any Report is made to Government of all the cases of flogging in prisons, by order of Magistrates, for offences committed out of prison, and also for misconduct in prison, without publicity being given of the offences charged, the evidence in support of the charges, the punishment ordered, the ages of the offenders, the number of lashes inflicted in each case, and other particulars; and, if no such Report is made, whether it is his intention to adopt measures to put an end to secret flogging in prisons without a public trial?
§ SIR GEORGE GREYNo Report was made upon cases of flogging by sentence of the Magistrates for offences committed out of prison, but an exact record was kept of floggings inflicted for prison offences, and of the circumstances under which they were inflicted, and it was the duty of the Inspector of Prisons to call attention to any cases in which he believed there had been an infraction of the law.
§ MR. W. E. FORSTERsaid, he wished to ask whether the right hon. Gentleman will cause inquiry to he made into the particulars of the second case mentioned by the hon. Member (Mr. Scully), in which twelve lashes were inflicted at Knutsford upon a child six years old?
§ SIR GEORGE GREYsaid, he would inquire into that case. At present he knew nothing of the particulars.
§ MR. HADFIELDsaid, he wished to know whether the right hon. Gentleman was aware that ten times more flogging took place in Middlesex than in all Ireland?