ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

BERMUDA

1999 : 51

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

[Date of Assent 23 December 1999]

[Operative Date 23 December 1999]

WHEREAS it is expedient to amend the Criminal Code to abolish capital and corporal punishment as penalties that may be imposed by a court for an offence and to make consequential amendments to other enactments: Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:⎯

Citation

1 This Act may be cited as the Abolition of Capital and Corporal Punishment Act 1999.

Abolition of capital punishment as a penalty for any offence

2 With effect from the date of commencement of this Act, no person shall suffer capital punishment as a penalty that may be imposed by a court for any offence.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Abolition of corporal punishment as a penalty for any offence

3 With effect from the date of commencement of this Act, no person shall suffer corporal punishment as a penalty that may be imposed by a court for any offence.

Consequential amendments

4 The provisions of the enactments specified in column 1 and described in column 2 of the Schedule are amended in the manner respectively specified in column 3 of the Schedule.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

SCHEDULE (section 4)

COLUMN 1 COLUMN 2 COLUMN 3 ENACTMENT DESCRIPTION AMENDMENT AND PROVISIONS OF SUBJECT MATTER THEREOF

Criminal Code Act 1907 Proviso to section 47 Acts done in resistance to Delete paragraph violence (a) and the word "or".

Proviso to section 48 Acts done for purpose of Delete paragraph self-preservation (a) and the word "or".

Section 49(2) Compulsion of husband Delete "an offence punishable with death" and substitute "premeditated murder".

Section 53(a) Imposition of death as a Delete. kind of punishment

Section 53(d) Imposition of whipping as Delete. a kind of punishment

Section 54(d) Recognizance as alternative Delete "not to imprisonment punishable with death".

Section 55 Punishment of death Delete.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Section 59 Restriction in respect of Delete. persons upon whom the punishment of whipping may be administered

Section 60 Administration of sentences Delete. of whipping

Section 63(1) Absolute and conditional Delete "(not being discharge an offence punishable with death)".

Section 65(1) Probation orders Delete "not being an offence punishable with death but".

Section 74 Effect of endurance of (1) Delete from punishment the section heading "not capital".

(2) Delete "not punishable with death".

Section 76 Punishment for felony Delete "not where no special punishable with punishment provided death".

Section 82 Treason Delete "the punishment of death" and substitute "imprisonment for life without eligibility for release

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

on licence until the person has served twenty-five years of the sentence".

Proviso to section Punishment of perjury Delete "with death 120(1) or".

Proviso to section Conspiring to bring false Delete "to death 127(2) accusation or".

Section 135 Release from lawful custody (1) In subsection

(1) insert after "felony" the words "and is liable to imprisonment for life".

(2) Delete subsections (2) and (3).

Section 138 Police officer wilfully (1) In subsection permitting escape (1) insert after "felony" the words "and is liable to imprisonment for life".

(2) Delete subsections (2) and (3).

Section 159 Punishment of piracy Delete the proviso and substitute a period for the colon after "life".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Section 160 Attempted piracy with Delete "the personal violence punishment of death" and substitute "imprisonment for life".

Section 183(1) Intercourse with a woman Delete "with or suffering from severe without whipping". mental impairment

Section 184(1) Procuring or attempting to Delete ", with or procure a woman or girl without whipping". under 21 for immoral purposes

Section 185(1) Procuring or attempting to Delete ", with or procure unlawful carnal without whipping". knowledge of a woman or girl by threats or other means.

Section 186(1) Living on the earnings of Delete ", with or prostitution without whipping".

Proviso to section Exercising control over a Delete ", with or 187(1) woman or girl with a view to without whipping". her prostitution

Section 198(3) Acts of indecency involving Delete "with or young children without whipping".

Section 242(2) Use of force by police officer Delete "death or" in preventing escape from where it secondly arrest appears.

Section 286A(2) Premeditated murder Delete "death" and substitute "imprisonment for life without

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

eligibility for release on licence until the person has served twenty-five years of the sentence".

Section 289 Attempted murder Delete the semi- colon next after "years" and every word next following that word.

Section 310 Assault on a police officer, Delete ", with or customs officer or other without whipping". officer

Section 345(1) and the Robbery Delete ", with or proviso to that without whipping". subsection

Section 346(1) Assault with intent to rob Delete "with or without whipping".

Proviso to section Assault with intent to rob Delete ", with or 346(1) without whipping".

Section 347 Stealing in a dwelling house Delete ", with or and putting any person in without whipping". fear

Section 348 Demanding property with Delete ", with or menaces with intent to without whipping". steal

Section 349 Demanding property with Delete ", with or written threats without whipping".

Section 350(2), (3) Attempts at extortion by Delete ", with or and (4) threats without whipping".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Section 350(2)(a) Attempts at extortion by Delete and threats substitute the following —

"(a) is of an offence for which the punishment of imprisonment for four years may be im- posed; or".

Section 353(1) Specified offences for Delete. purposes of punishment of certain offences

Section 354(1) Housebreaking Delete every word next after "years" and substitute a period.

Section 354(2) Burglary Delete ", with or without whipping".

Section 355 Entering a dwelling house Delete every with intent to commit a word next after "five felony years" to and including "imprisonment".

Proviso to section 355 Entering a dwelling house Delete ", with or with intent to commit a without whipping". felony

Section 356 Breaking buildings and Delete every word committing a felony therein next after "seven years," and sub- stitute a period.

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Section 358(1) Breaking and entering a Delete every word place of worship next after "seven years," and sub- stitute a period.

Section 550 Recording sentence of Delete. death

Section 553 Sentence on pregnant Delete. woman convicted of offence punishable with death

Criminal Appeal Act

Section 7(5) Time for giving notice of Delete. appeal against a sentence of whipping by a court of summary jurisdiction being a Children's Court

Proviso to section 8(1) Extension of time for appeal (1) Delete the semi- not to apply to a person colon immedi- sentenced by a Children's ately preceding Court under section 7(5) the proviso and substitute a period.

(2) Delete the proviso.

Section 11(2)(d)(iii) and Effect of giving notice of (1) Insert "and" 11(2)(d)(iv) appeal on a sentence of next after the whipping semi-colon in sub-paragraph

(iii).

(2) Delete sub- paragraph (iv).

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Court of Appeal Act

Section 29 Waiting period in respect Delete. of sentences of death or corporal punishment

Prisons Act 1979

Section 6(a) Sentence of death in Delete. respect of persons who may be received and detained in prisons

Section 6(q) and (r) Corporal punishment in Delete. respect of persons who may be received and detained in prisons

Section 8(2)(a) Treatment of particular Delete. classes of prisoners under prison rules

Section 23 Execution of sentence of Delete. death

Prison Rules 1980

Rule 21 Record of death of prisoner Delete "(other than in respect of a prisoner upon whom sentence of death has been executed)".

Rule 115 Reports in respect of Delete. untried prisoners charged with an offence punishable with death

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Rule 116 Reports in respect Delete. of untried prisoners charged with an offence punishable with corporal punishment

Rule 118 Rules in respect of appeals Delete "death or to" to the Supreme Court, the and "or to corporal Court of Appeal or Her punishment". Majesty-in-Council

Rules 127, 128 and Prisoners under sentence of Delete.

129 death

PART VI — Execution of sentences of Delete.

death or corporal punishment

Rules 152, 153 and Execution of sentences of Delete.

154 death

Rules 155, 156, 157 Execution of sentences of Delete. and 158 corporal punishment

Senior Training School Rules 1951

Rule 32(2) and (3)

Reference of report of certain offences to the Board for investigation

Delete and substitute—

"(2 ) The Board shall, as soon may be, investigate the report and after such investigation may impose such one or more of the punishments upon the inmate as may lawfully be imposed under section 67 of the Young Offenders Act 1950.".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Rule 34 Medical certificate of fitness Delete "Corporal for punishment punishment, confinement" and substitute "Confinement".

Young Offenders Act

Section 5 Restriction on sentence of Delete. death of person under 18

Section 9(1) Jurisdiction of Children's (1) Delete Courts and Supreme Court paragraph (a) in charges against children and substitute—

"(a)a charge of murder; or".

(2) Delete "or other offence punishable with death as afore- said".

Section 16(h) Male child convicted of an Delete. offence punishable with imprisonment may be whipped

Proviso to section Breach of probation order Delete "or is 23(3)(b) punishable with whipping" and "or to be whipped".

Proviso to section Commission of further Delete "or is 24(3)(b) offence after conditional punishable with discharge or probation whipping" and "or order to be whipped".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Section 28 Imposition of a sentence of Delete. whipping on a child

Section 43 Corrective training Delete subsection

(2) and in subsection (3) delete "Subject as aforesaid, where" and substitute "Where".

Section 44 Removal to senior training (1) Delete the colon school immediately preceding the proviso and substitute a period.

(2) Delete the proviso.

Section 67(3) Punishment of offences Delete "Without against senior training prejudice to school rules anything in section

68 (which relates to the imposition of corporal punish- ment on inmates of a senior training

school), and subject" and substitute "Subject".

Section 67(4) Punishment of offences Delete "Without against senior training prejudice to school rules anything in section 68, senior" and substitute "Senior".

ABOLITION OF CAPITAL AND CORPORAL PUNISHMENT ACT

Section 68 Corporal punishment for Delete. offences against senior training school rules

Section 81 Prohibition from inflicting Delete. corporal punishment on a female young offender