Corporal Punishment

HC Deb 03 April 1958 vol 585 cc1377-8

43. Mrs. Castle

asked the Secretary of State for the Colonies for what crimes whipping can be ordered in the territorial courts for which he is responsible within the Central African Federation.

Mr. Profumo

As the reply involves considerable detail I will, with permission, circulate it in the OFFICIAL REPORT.

Mrs. Castle

Is the hon. Gentleman aware that on 2nd January in the magistrates' court at Lusaka an African boy was sentenced to 22 strokes of the cane for theft? Is not that a violation of the penal code, which permits a maximum of only 12 strokes of the cane for any child under 16? In view of the fact that Southern Rhodesia has just introduced whipping as a punishment for the theft of maize, w ill the hon. Gentleman see that this barbarous form of punishment is not either extended or abused in the Protectorate?

Mr. Profumo

I think the hon. Lady has a Question on that subject another day, and I do not think it right that I should anticipate the Answer my right hon. Friend may wish to give to that Question. As to corporal punishment as such, we have abolished it in this country, and we should like to abolish it in the Colonial Territories, but attention has to be given to local circumstances, which are not in all cases, as the hon. Lady will appreciate, anything like similar to those in this country.

Following is the reply:

Northern Rhodesia

Any male person under the age of 21 years, convicted of an offence punishable by three months' imprisonment or more, may be sentenced to be caned. A male person over the age of 21 may be sentenced to caning if convicted of:

• Burglary.
• Housebreaking.
• Theft.
• Rape.
• Attempted rape.
• Indecent assaults on females.
• Defilement of girls under sixteen years of age.
• Attempted defilement of girls under sixteen years of age.
• Defilement of idiots or imbeciles.
• Procuration.
• Procuring defilement of women by threats or fraud or administering drugs.
• Indecent assault on boys,
• Disabling in order to commit felony or misdemeanour.
• Stupefying in order to commit felony or misdemeanour.
• Acts intended to cause grievous harm or prevent arrest.
• Inflicting grievous harm.
• Maliciously administering poison with intent to harm.
• Wounding and similar acts.
• Assault causing actual bodily harm.
• Assaults punishable with five years' imprisonment.
• Robbery.
• Attempted robbery.
• Assault with intent to steal.
• Demanding property with menaces with intent to steal.
• Being found armed, etc., with intent to commit felony.
• Aggravated cruelty to animals.

A convicted prisoner charged before a magistrates' court with certain offences under the provisions of the Federal Prisons Act may be sentenced to caning.

Nyasaland

Caning can be ordered for adult or juvenile male offenders convicted of the following offences:—

• Rape or attempted rape.
• Indecent assault on females or boys under 14.
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• Defilement of girls under 13 or attempt and conspiracy to defile.
• Defilement of imbeciles or attempt.
• Procuration.
• Second conviction for living in immoral earnings.
• Unnatural offences or attempt.
• Indecent practices between males.
• Assault occasioning actual bodily harm.
• Attempt to murder by convict.
• Wilfully endangering the safety of railway travellers.
• Casting away ships or attempt.
• Robbery with violence or attempt.
• Destroying inhabited houses with explosives.
• Disabling with the intention to commit a felony.

The High Court has laid down that corporal punishment can be imposed only when a substantive sentence of imprisonment is also passed.