Document ID: chunk:federal_register_of_legislation:C2011A00121:clause:1_2
Version: federal_register_of_legislation:C2011A00121
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 4276–4929

2  Subsection 5(1)
Insert:
cruel or inhuman treatment or punishment means an act or omission by which:
 (a) severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or
 (b) pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;
but does not include an act or omission:
 (c) that is not inconsistent with Article 7 of the Covenant; or
 (d) arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.