Public Safety (Emergency Powers) Act, 1923
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Punishments for offences in Schedule. |
5.—(1) Any person found guilty on indictment of any of the offences mentioned in Part I. of the Schedule to this Act may be sentenced to suffer death or such term of penal servitude as the judge may decide. | |
(2) Every person convicted by a Court of summary jurisdiction of any of the offences mentioned in Part II. of the Schedule to this Act may be sentenced to suffer imprisonment with or without hard labour for the term of twelve months, and may in addition be sentenced to pay a fine not exceeding fifty pounds and, in default of payment of such fine within one month after conviction, to suffer imprisonment without hard labour for a further term of six months to be added to and commence on the expiration of the said term of twelve months. | ||
(3) Every person found guilty on indictment of any of the offences mentioned in Part II. of the Schedule to this Act may be sentenced either— | ||
(a) to suffer penal servitude for a term of not exceeding five years and to pay a fine of not more than one hundred pounds nor less than fifty pounds and, in default of payment of such fine within one month after sentence, to suffer penal servitude for a further term of one year to be added to and commence on the expiration of the said previous term of imprisonment; or | ||
(b) to suffer imprisonment with hard labour for a term of not more than two years nor less than one year and to pay a fine of not more than one hundred pounds nor less than fifty pounds and, in default of payment of such fine within one month after sentence, to suffer imprisonment without hard labour for a further term of six months to be added to and commence on the expiration of the first mentioned term of imprisonment. | ||
(4) Every male person who shall be found guilty on indictment of the offence of robbery under arms as defined at No. 6 in Part II. of the Schedule to this Act, or of the offence of arson as defined at No. 7 in Part II. of the said Schedule shall (unless the Court is satisfied that there are special circumstances in the case which constitute a mitigation of the offence, or is of opinion that, owing to the state of health or advanced age of such person, corporal punishment could not be inflicted on him without permanent injury to his health), in addition to the punishment prescribed in the foregoing sub-sections, be sentenced to be once privately whipped subject to the following provisions:— | ||
(a) in the case of a person whose age does not exceed eighteen years, the number of strokes at such whipping shall not exceed twenty and the instrument used shall be a birch rod; | ||
(b) in the case of any other person, the number of strokes at such whipping shall not exceed twenty-five; | ||
(c) in each case the court in its sentence shall specify the number of strokes to be inflicted and the instrument to be used; | ||
(d) such whipping shall not take place after the expiration of six months from the passing of the sentence; | ||
(e) such whipping to be inflicted on any person sentenced to penal servitude shall be inflicted on him before he is removed to a convict prison with a view to his undergoing his sentence of penal servitude. | ||
(5) The jurisdiction of a court of summary jurisdiction in respect of any of the offences mentioned in Part II. of the Schedule to this Act shall not be ousted by reason of the title to any corporeal or incorporeal hereditaments or any lands or premises being drawn into question. | ||
(6) This section shall not apply to any offence committed before the passing of this Act. |