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Caning is used widely as a legal form of corporal punishment in Singapore. It can be subdivided into several contexts, namely domestic/private, school, reform school, military and judicial.
Of these, judicial caning, for which Singapore is best known, is the most severe. It is reserved for male criminals aged under 50, for at least 30 different offences under the Criminal Procedure Code. Caning is also a legal form of punishment for delinquent male members of the military (Singapore Armed Forces -- SAF) and these canings are administered in the SAF Detention Barracks. Caning is also an official punishment in reform schools and a form of prison disciplinary measure. In a much milder form, caning is used to punish boys and youths in many Singaporean schools.
A much smaller cane is also used by some parents as a punishment for their children of either sex. This is not outlawed in Singapore.
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See also: Judicial corporal punishment
Caning, as a form of legally sanctioned corporal punishment for convicted criminals, was first introduced to Singapore and Malaysia (both then part of British Malaya) during the British colonial period. It was formally codified under the Straits Settlements Penal Code Ordinance IV.[1]
In that era, offences punishable by caning were similar to those punishable by birching or flogging in England and Wales, and included:[1]
Caning remained on the statute book after Malaysia declared independence from Britain, and likewise in Singapore after it declared independence from Malaysia. Subsequent legislation has been passed by the Singaporean Parliament over the years to increase the minimum strokes an offender receives, and the number of crimes that may be punished with caning.[1]
Sections 227 to 233 of the Criminal Procedure Code[2] lay down the procedures governing caning, including:
A convicted male criminal not sentenced to caning may be caned in prison if he breaks prison rules.
Singaporean law allows caning to be ordered for over 30 offences, including robbery, gang robbery with murder, drug use, vandalism, and rioting.[3] Caning is also a mandatory punishment for certain offences such as rape, drug trafficking and for visiting foreigners who overstay their visa by more than 90 days.[4]
In 1993 the number of criminals caned was 3,244.[5] By 2007, this figure had doubled to 6,404 criminals sentenced to caning. Of these sentences, about 95% were actually implemented.[6]
Caning takes place at several establishments around Singapore, notably Changi Prison but also including Queenstown Remand Centre, where Michael P. Fay was caned in 1994. Canings are also administered in the Drug Rehabilitation Centres.
A rattan cane four feet (1.2 metres) long and half an inch (1.27 cm) thick[7] is used for prison and judicial canings. It is larger and heavier than the canes used in the domestic, school and military contexts. The cane is soaked in water beforehand to make it heavier and more flexible. The Prisons Department denies that canes are soaked in brine, but has said that the cane is treated with antiseptic before use to prevent infection. A lighter cane is used for juvenile offenders.[8]
Caning is in practice always ordered in addition to a jail sentence and never as a punishment by itself. It is administered in an enclosed area in the prison, out of view of the public and other inmates. Those present are limited to the inmate, prison wardens, medical officers, the caning officer and sometimes high-ranking prison officials to witness the punishment.[1]
An inmate sentenced to caning receives no advance warning as to when he will be caned, and is notified only on the day his sentence is to be carried out.[9] In the caning room, the inmate is ordered to strip naked and receives a medical examination by the prison doctor[1] to check whether he is medically fit for caning, by measuring his blood pressure and other physical conditions. If the doctor gives the green light, the inmate then receives his caning, but if he is certified unfit for punishment, he is sent back to the court for his prison term to be increased instead. A prison official confirms with him the number of strokes he is to receive.[1]
The inmate is then led to the A-shaped frame (called a "caning trestle") and his wrists and ankles secured tightly to the frame by strong leather straps[1] in such a way that he assumes a bent-over position on the frame at an angle of close to 90° at the hip, with his posterior protruding.[1] Protective padding is placed on his lower back to protect the vulnerable kidney and lower spine area from any mis-strokes[1] so that only his buttocks are exposed to the cane. The officer administering the caning takes up position beside the frame and delivers the number of strokes specified in the sentence, at intervals of 10 to 15 seconds. He is required to put his full force into each stroke.[1] The strokes are administered all in one caning session[10], unless the medical officer certifies that the inmate cannot receive any more strokes because of his condition, in which case the rest of the strokes are converted to additional prison time.[1]
The immediate physical effects when the cane comes into contact have been exaggerated in some popular accounts; nevertheless, significant physical damage is inflicted. As described by Michael P. Fay, a recipient of 4 strokes of the cane: "There was some blood. I mean, let's not exaggerate, and let's not say a few drops or that the blood was gushing out. It was in between the two. It's like a bloody nose."[11] More profuse bleeding may, however, occur in the case of a larger number of strokes.[1]
After the caning, the inmate is released from the frame and receives medical treatment.[1] Antiseptic lotion (gentian violet) is applied and the wounds left to heal.[1] Where a large number of strokes is given, there is long-term scarring of the buttocks.[1] Those caned are not eligible to serve in the Singapore Armed Forces as conscripts if they have not served yet.[1]
Under the Prisons Act, prison superintendents may impose corporal punishment not exceeding 12 strokes of the cane for aggravated prison offences.[14] This punishment can be imposed after due inquiry at a "mini-court" inside the prison, during which the prisoner is given an opportunity to hear the charge and evidence against him and to present his defence. The Prisons Director must approve the punishment before it can be carried out. It is administered in the same manner as for judicial caning.
Inmates of Drug Rehabilitation Centres may be caned in the same way.
In 2008 the procedure was revised to introduce a review of each prison caning award by an independent external panel.[15]
In the Singapore Armed Forces, a subordinate military court, or the officer in charge of a disciplinary barrack, may sentence an offender to a maximum of 24 strokes of the cane (with a maximum of 12 strokes per offence, 10 in the case of minors) for breaking certain military rules. In either case, the punishment must be confirmed by the Armed Forces Council before it can be administered. The minimum age for caning within the Armed Forces is 16 (16.5 de facto, due to laws restricting entry into the Armed Forces to those 16.5 years of age or higher).[16]
Military caning is less severe than its civilian counterpart, designed not to cause bleeding or permanent scars, and is not administered on the bare buttocks. Caning is mainly used on recalcitrant teenage conscripts.[17] The cane used is only 6.35 millimetres (1/4 inch) in diameter (half the thickness of the prison/judicial cane).[18]
No statistics have been published as to how many military personnel are caned.
Caning is also used as a form of corporal punishment in primary and, especially, secondary schools, and also in one or two post-secondary colleges, to maintain strict discipline in school. This is only applicable to male students. The punishment is administered formally in the British schoolboy caning style.
The Ministry of Education encourages schools to punish boys by caning for such offences as fighting, smoking, cheating, gangsterism, disrespect or vandalism.[19] Students may also be caned for repeated cases of more minor offences, such as being late five times in a term. The punishment may be administered only by the Principal or Vice-Principal, or by a specially designated and trained Discipline Master, usually in the Principal's office. At most schools, caning comes after detention but before suspension in the hierarchy of penalties.[20].
Under Ministry regulations, the punishment should not exceed a maximum of 6 strokes (the majority of canings range from 1-3 strokes), using a light rattan cane about 4 feet long,[21] typically administered to the seat of the student's trousers as he bends over a desk or chair. The student will normally experience superficial bruises and weals for some days after the punishment.[20]
Certain schools have special practices for caning, such as making the student change into PE attire for caning, or tucking a protective item into the boy's trouser waistband to protect the lower back from mis-strokes.[20] Sometimes the student may be caned on the stage in front of an assembly of the whole school population (known as public caning) or in front of his class (known as class caning),[20] to serve as a warning to potential offenders and to shame the student. In many cases he must also read out a public apology before receiving the strokes. Some schools implement a demerit points system, whereby students are liable for mandatory caning after accumulating a certain number of demerit points for a wide range of offences.[20]
The majority of students caned are aged 14-16.[20] The Ministry of Education recommends that the student receive counselling before and/or after his caning, to avoid any danger of psychological harm.
Caning is used as a form of punishment in the home for children (both boys and girls) and is usually meted out by their parents, typically for behaviour deemed morally or socially unacceptable, such as mischief, theft or defiance. A small rattan cane is used in this case, which is usually available in grocery stores. This form of punishment is legal in Singapore, but not particularly encouraged by the authorities, and parents are likely to be charged with child abuse if the child is injured.
Sometimes parents use other implements such as a clothes hanger or even the handle of a feather-duster. The misbehaving child is usually whacked on the thighs, calves, buttocks or palms. Despite a perception that the caning of children is widespread in Singapore, a 2004 survey of 230 parents found that only about 20% of them used this form of punishment.[22]
Amnesty International has condemned the practice of judicial caning in Singapore as "cruel, inhuman or degrading punishment".[23] Also, it is regarded by some international observers as a violation of Article 1 in the United Nations Convention Against Torture. However, Singapore is not signatory to the Convention.[24]
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