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Restrictions on corporal punishment for prison offences.
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5.—(1) Prison rules shall not authorise the infliction of corporal punishment—
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(a) except in the case of a prisoner under sentence of penal servitude, or convicted of felony, or sentenced to hard labour; nor
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(b) except for mutiny or incitement to mutiny, or gross personal violence to an officer or servant of the prison; nor
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(c) except by order of the board of visitors or visiting committee of the prison, after inquiry on oath held by them at a meeting specially summoned for the purpose, and consisting of not less than three persons, two of them being justices of the peace: Provided that the Secretary of State may, if he thinks fit, appoint a metropolitan police magistrate or stipendiary magistrate to take the place of the board or committee, and the magistrate shall in any such case have the same powers as the board or committee.
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(2) An order under this section shall not be carried into effect until it has been confirmed by the Secretary of State, to whom a copy of the notes of evidence and a report of the sentence and of the grounds on which it was passed shall forthwith be furnished.
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Such report shall be embodied in the annual report of the Prison Commissioners.
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