HC Deb 19 December 1956 vol 562 cc163-4W
112. Mr. K. Robinson

asked the Secretary of State for the Colonies if he has completed his reconsideration of the drafting of the new emergency regulations extending the scope of the death penalty and intensifying Press censorship in Cyprus; and what conclusions he has reached.

Mr. Lennox-Boyd

The Governor announced yesterday that certain amendments were being made to the recent regulations relating to the Press. Points made on the drafting of the other regulations are still under examination.

120. Mrs. Jeger

asked the Secretary of State for the Colonies at what age the Emergency Regulations apply to children and young persons in Cyprus.

Mr. Lennox-Boyd

An age limit in respect of responsibility for crime is provided by Section 14 of the Cyprus Criminal Procedure Code, and I am advised that this provision applies to limit criminal responsibility under the Emergency Regulations.

The material part of Section 14 is as follows: A person under the age of seven years is not criminally responsible for any act or omission. A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.

2. I am also advised that age limits in respect of liability for punishments are provided under the following provisions of Cyprus law and that these provisions apply to limit the infliction of punishment under Emergency Regulations:

(i) Death Section 27 (2) of the Criminal Procedure Code provides as follows:— Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the Court that at the time when the offence was committed he was under the age of sixteen years; but in lieu thereof the Court shall sentence him to be detained during the Governor's pleasure; and if so sentenced he shall be liable to be detained in such place and under such conditions as the Governor may direct

(ii) Imprisonment Section 12 (2) of the Juvenile Offenders Law provides, in effect, that no person under the age of fourteen years shall in any case be sentenced to imprisonment, and that no person between the ages of fourteen and sixteen years shall be sentenced to imprisonment if he can be suitably dealt with under the other provisions of the Section.