THE ISLAND OF NAURU

CRIMINAL CODE AMENDMENT ORDINANCE 1952

No. 5 of 1952

AN ORDINANCE

To amend the Criminal Code of Queensland in its application to the Island of Nauru

BE it ordained by the Acting Administrator of the Island of Nauru, acting in pursuance of the powers conferred by Article I of the Agreement dated the second day of July, 1919, between His Majesty's Government in London, His Majesty's Government of the Commonwealth of Australia and His Majesty's Government of the Dominion of New Zealand, as follows: -

Short title

1. This Ordinance may be cited as the Criminal Code Amendment Ordinance 1952.

Definitions

2. In this Ordinance, unless the contrary intention appears -

"the Criminal Code" means the First Schedule to The Criminal Code Act 1899 of the State of Queensland as in force in the Island;

"the island" means the Island of Nauru.

Amendment of the Criminal Code

3. The Criminal Code is amended in the manner set forth in the Schedule to this Ordinance.

THE SCHEDULE.

Section of Criminal Code Amended
	
Extent of amendment	

319
	
Omit ", with or without whipping, which may be inflicted once, twice, or thrice".

465
	Omit ", and with or without whipping".
	
466
	Omit ", and with or without whipping".
	
467
	Omit ", with or without whipping, which may be inflicted once, twice, or thrice".
	
469 I.
	Omit ", and with or without whipping".
	
655
	Omit the section and insert the following section in its stead: -

"655. - (1.) Where an offender may under this Code be sentenced to a whipping, the Court may in the sentence direct that he be once privately whipped.

"(2.) Where an offender is sentenced to a whipping the number of strokes and the instrument with which they are to be given, shall be specified in the sentence, but the number of strokes shall not in any case exceed twenty-four.

"(3.) Where an offender who is sentenced to a whipping is sixteen years of age or under the number of strokes shall not exceed ten, and where the offender is fourteen years of age or under the number of strokes shall not exceed six.

"(4.) The instrument with which an offender is to be whipped shall be either a cane or a leather strap.

"(5.) Subject to paragraph (5) of section nineteen of this Code, where a person who is sixteen years of age or under is convicted of an offence under section 212, 213, 214 or 216 of this Code, and is sentenced to a term of imprisonment with whipping, the term of imprisonment shall be substantially less than the term for which he might be sentenced to be imprisoned under the provisions of the section under which he is convicted.

"(6.) Where a person who is sixteen years of age or under is convicted of an offence under section 212, 213, 214 or 216 of this Code, the Court may sentence him to be whipped without imprisonment."

666
	
Add at the end thereof the following sub-section: -

"(2.) In all cases where whipping is directed under this Code, the visiting medical officer of the prison where the offender is confined, or a Government Medical Officer, shall -

(a) before the whipping is inflicted, certify that the offender is physically able to undergo the punishment;

(b) be present when the whipping is inflicted; and

(c) If he is of opinion that the whole or part of the whipping is likely to be attended with dangerous results to the offender, order that the whole or part of the whipping be not inflicted, or be postponed to a day to be specified by him."
	
678(I.)	Omit "either in addition to or".
Omit "six" and insert "five" in its stead.
Omit "birch rod".

Dated this Twentieth day of September, 1952.

J.K. LAWRENCE,
Acting Administrator .of the Island of Nauru.

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