1820: 1 George 4 c.57: Abolishing Whipping of Women

1820: 1 George 4 c.57: An Act to repeal an Act passed in the Fifty seventh Year of the Reign of His late Majesty King George the Third, intituled An Act to abolish the Punishment of public Whipping on Female Offenders, and to make further Provisions in lieu thereof.

[15th July 1820.]

WHEREAS by an Act passed in the Fifty seventh Year of the Reign of His late Majesty King George the Third,

[57 G. 3. c.75. §1.]

intituled An Act to abolish the Punishment of public Whipping on Female Offenders, it is enacted, that from and after the passing of that Act, Judgment shall not be given and awarded against any Female or Females convicted of any Offence, that such Female Offender or Offenders do suffer the Punishment of being publicly whipped; and that in all Cases where the Punishment of public Whipping on Female Offenders has hitherto formed the Whole or Part of the Judgment to be pronounced, it shall and may be lawful for the Court before whom any such Offender shall be tried, to pass such Sentence of Confinement to hard Labour in the Common Gaol or House of Correction, in lieu of the Sentence of being publicly whipped, as to the said Court shall seem most proper; provided that nothing herein contained shall extend, or be construed to extend, in any manner to change, alter or affect any Punishment whatsoever, which may then be by Law inflicted in respect of any Offence, except only the Punishment of public Whipping on Female Offenders: And Whereas the said Act extends only to abolishing the Punishment of publicly whipping Female Offenders, and it is expedient that the said Act should be repealed, and such further Provisions made in lieu thereof as are hereinafter mentioned: May it therefore please Your Majesty that it may be enacted; and be it enacted by The King’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

[Recited Act repealed.]

That from and after the passing of this Act, the said recited Act of the Fifty seventh Year of His late Majesty shall be and the same is hereby repealed, to all Intents and Purposes whatsoever.

[Sentence of Whipping not awarded on Female Offenders.]

II. And be it further enacted, That from and after the passing of this Act, Judgment or Sentence shall in no case whatever be given and awarded against any Female or Females convicted of any Offence whatsoever, that such Female Offender or Offenders do suffer the Punishment of being whipped either publicly or privately; any Law, Statute or Usage to the contrary notwithstanding.

[Instead thereof Imprisonment or Solitary Confinement.]

III. And be it further enacted, That in all Cases where the Punishment of Whipping, either publicly or privately, on Female offenders, has hitherto formed the Whole or Part of the Judgment or Sentence to be pronounced, or has in any other Case been inflicted, it shall and may be lawful for the Court or Justice of the Peace before whom any such Offender shall be tried or convicted, to pass Sentence of Confinement to hard Labour in the Common Gaol or House of Correction, for any Space of Time not exceeding Six Months, nor less than One Month; or of solitary Confinement therein for any Space not exceeding the Space of Seven Days at any one Time, in lieu of the Sentence of being publicly or privately whipped, as to the said Court or Justice shall seem most proper:

[Proviso for former Laws, except the said Punishment.]

Provided that nothing herein contained shall extend, or be construed to extend, in any manner to change, alter or affect any Punishment whatsoever which may now be by Law inflicted in respect of any Offence, save and except only the Punishment of publicly or privately Whipping on Female Offenders, in Manner as hereinbefore is enacted.

Source: Butterworths Statutes, 1820.