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2. Any male offender, above the age of sixteen years, on being convicted
before the High Court of any of the offences mentioned in the Schedule, may be
ordered by the Court to be flogged in addition to any other punishment to
which he is liable.
6. A sentence of flogging shall be carried out as soon as may be practicable and
shall in no case be carried out after the expiration of six months from the
passing of the sentence.
7. The instrument to be used for carrying out a sentence of flogging shall be
the ordinary cat-o-nine tails and for carrying out a sentence of whipping a rod
of tamarind, birch or other switches or in either case such other instrument as
the President may from time to time approve.
49(8).
The “cat-o-nine tails” consists of a plaited rope instrument of
nine knotted thongs of cotton cord, each of which is approximately 30 inches
long and less than one quarter of an inch in diameter. The thongs are
attached to a handle. The nine cotton thongs are lashed across the back of
the subject, between the shoulders and the lower area of the spine.
49(9).
The Corporal Punishment (Offenders Over Sixteen) Act of 1953
was amended in 1994 and in 2000. The 1994 amendment provided for the
suspension of the original six-month time limit for the carrying out of a
sentence of corporal punishment while an appeal is pending. The 2000
amendment provides that corporal punishment may be administered only to
persons over the age of 18.
49(10).
Sections 4 a) and b), 5 b), and 6(1) and (3) of the Constitution
of Trinidad and Tobago provide as follows:
4.
It is hereby recognized and declared that in Trinidad and Tobago there
have existed and shall continue to exist […]:
the right of the individual to life, liberty, security of the person
and enjoyment of property and the right no to be deprived
thereof except by due process of law;
the right of the individual to equality before the law and the
protection of the law;
5.
(2) […The] Parliament may not: […]
b) impose or authorize the imposition of cruel and unusual
treatment or punishment […]
c) deprive a person who has been arrested or detainediii. of the right to be brought promptly before an
appropriate judicial authority; […]
e) deprive a person of the right to a fair hearing in accordance
with the principles of fundamental justice for the determination
of his rights and obligations; […]
6.
(1) Nothing in sections 4 and 5 shall invalidate
an existing law […]
(3) In this section- […]
“existing law” means a law that had effect as part of the law of Trinidad
and Tobago immediately before the commencement of this Constitution,
and includes any enactment referred to in Subsection (1) […]