Court of Criminal Jurisdiction - Punishment

Punishment

The court was expressly limited to two forms of punishment. These were death, in capital cases, or flogging, in non-capital cases. Fines or imprisonment were not an option as there were no local gaols nor would prisoners have the money to pay a fine in the early days of the settlement. However, Phillip frequently sent prisoners for punishment to the islands in Sydney Harbour, and then subsequently to Norfolk Island when that penal colony was established. The Governor's warrant was a necessary preliminary to an execution; but he was empowered by his commission to grant a pardon in any case which was not treason or murder. He could also reprieve a prisoner until final instructions were received from England.

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