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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..c7f1a7f --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #66174 (https://www.gutenberg.org/ebooks/66174) diff --git a/old/66174-0.txt b/old/66174-0.txt deleted file mode 100644 index 6caf483..0000000 --- a/old/66174-0.txt +++ /dev/null @@ -1,11872 +0,0 @@ -The Project Gutenberg eBook of The English Prison System, by Evelyn -Ruggles-Brise - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: The English Prison System - -Author: Evelyn Ruggles-Brise - -Release Date: August 29, 2021 [eBook #66174] - -Language: English - -Produced by: Brian Coe, Graeme Mackreth, and the Online Distributed - Proofreading Team at https://www.pgdp.net (This file was - produced from images generously made available by The - Internet Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK THE ENGLISH PRISON -SYSTEM *** - - - - - - -THE ENGLISH PRISON SYSTEM - - - - -[Illustration] - - MACMILLAN AND CO., Limited - LONDON . BOMBAY . CALCUTTA . MADRAS - MELBOURNE - - THE MACMILLAN COMPANY - NEW YORK . BOSTON . CHICAGO - DALLAS . SAN FRANCISCO - - THE MACMILLAN CO. OF CANADA, Ltd. - TORONTO - - - - - THE - ENGLISH PRISON - SYSTEM - - BY - - Sir Evelyn Ruggles-Brise, K.C.B. - - CHAIRMAN OF THE PRISON COMMISSION FOR - ENGLAND AND WALES - - AND - - PRESIDENT OF THE INTERNATIONAL PRISON COMMISSION - - - MACMILLAN AND CO., LIMITED - ST. MARTIN'S STREET, LONDON - - 1921 - - - - -_COPYRIGHT_ - - - - -LIST OF CHAPTERS. - - - PAGE. - - Preface i - - CHAPTER. - - I. The Meaning of Prison Reform 1 - - II. The Prison Commission: Offences, and Punishments 18 - - III. The History of Penal Servitude 23 - - IV. Penal Servitude to-day 39 - - V. Preventive Detention 49 - - VI. Imprisonment 59 - - VII. The Inquiry of 1894: the Prison Act, 1898: and - the Criminal Justice Administration Act, 1914. 75 - - VIII. The Borstal System 85 - - IX. The Handmaids of the Prison System--(1) The - Children Act, 1898; (2) The Probation Act, - 1907. 101 - - X. Female Offenders 114 - - XI. Educative, Moral, and Religious Influences in - Prison 124 - - XII. Labour in English Prisons 131 - - XIII. (1) Vagrancy; (2) Inebriety 142 - - XIV. "Patronage" or Aid to Discharged Prisoners: - its effect on Recidivism 164 - - XV. The Medical Service 185 - - XVI. A Criminological Inquiry in English Prisons 198 - - XVII. (a) A Short Sketch of the Movement of Crime - since 1872: (b) The War, 1914-18. 216 - - Appendix:--(a) Regulations &c., for Borstal - Institutions 231 - - (b) Regulations for Preventive - Detention Prisons 265 - - Index 268 - - - - -CONTENTS. - - - PAGE. - - Preface i - - - CHAPTER I.--THE MEANING OF "PRISON REFORM." 1 - - "Prison Reform"--a phrase of many meanings. The aim of the - modern prison administration. The prison population. Influences - operating for "reform" in prisons--religious services, visitation, - education, lectures and addresses, summary of weekly news of the - world, &c. No 'law of silence' strictly so-called: talking exercise in - prisons, &c. Non-criminal persons committed under special legislation - during the war--the prison system not intended for such. Officers of - prisons and their power of influence for good. The special categories of - the Borstal lad, and the 'habitual offender' at Camp Hill. The three - directions along which 'prison reform' might proceed,--the organization - and development of Probation: the extension of the principle of - Preventive Detention to the Penal Servitude system: the co-ordination - of preventive efforts. - - - CHAPTER. II.--THE PRISON COMMISSION: OFFENCES, AND PUNISHMENTS. 18 - - Constitution of Prison Board. Establishments under control of Prison - Board. The criminal law and its a administration, punishments, &c. - Probation Act, 1907. Court of Criminal Appeal. - - - CHAPTER III.--THE HISTORY OF PENAL SERVITUDE. 23 - - History of Transportation. Pentonville Prison. Public Works. Penal - Servitude Act, 1857. Progressive Stage System. The Irish System. - Royal Commission, 1863. The Penal Servitude Act, 1864. Mark - System introduced. Habitual Criminals Act, 1869. Prevention of - Crimes Act, 1871. The Royal Commission, 1878. The Star Class. Fall - in convict population. - - - CHAPTER IV.--PENAL SERVITUDE TO-DAY. 39 - - The Inquiry of 1894. Progressive Stage System recast. New classification - of 1905. Weakminded convicts. Separate Confinement, history - of. Changes in system under the Act of 1898. Corporal punishment. - Penal Servitude for Women. - - - CHAPTER V.--PREVENTIVE DETENTION. 49 - - Definition of professional criminals. Proposed Habitual Offenders' - Division. The Act of 1908. Camp Hill Prison. Rules for treatment - of prisoners. Release on Licence. Statistics of Releases. The - Advisory Committee. The Intention of the System. - - - CHAPTER VI.--IMPRISONMENT. 59 - - Houses of Correction. Local Prisons and their administration. The - phrase 'Hard Labour.' Howard and English Prisons. The Act of - 1778 and separate confinement. Jeremy Bentham and the 'Panopticon.' - Classification under the Act of 1823. Mr. Crawford's visit to U.S.A. - Classification, the leading principle of reform. Inquiries of 1832 and - 1836. Auburn and Philadelphian systems. The Act of 1839 and - separate confinement. The model prison at Pentonville. Local Prisons - and the control of Secretary of State. Surveyor-General appointed. - Separate Confinement and Hard Labour, and the objects of imprisonment. - Committee of 1850 and uniformity. Prison Act, 1865. Uniformity not - secured. Centralization of Prisons under Act of 1877. Powers of - Justices under. Classification and the objects and effect of Act of 1877. - - - CHAPTER VII.--THE INQUIRY OF 1894: THE PRISON ACT 1898: AND - THE CRIMINAL JUSTICE ADMINISTRATION ACT, 1914. 75 - - Appointment of Committee and its report. Public opinion and the - treatment of crime. Subsequent reforms in system. Retirement of Sir - E. Du Cane and appointment of Sir E. Ruggles-Brise. Prison Rules - and Administration. Triple Division and individualisation of prisoners. - Part-payment of fines. Corporal punishment. Power to earn remission - of sentence. Gratuity and remission of sentence. - - - CHAPTER VIII.--BORSTAL SYSTEM. 85 - - Its Origin. Statistics of youths committed annually. The Committee - of 1894. The Colony at Stretton, 1815. "The Philanthropic Institution." - The Reformatory School Act, 1854. The Colony of Mettray. - The Age of 16 and criminal majority. Visit to the American State - Reformatory at Elmira. The London Prison Visitors' Association, and - first experiments at Borstal: the features of the early System. - Representation to Secretary of State. Statutory effect given to System - in 1908. The Institution for males and females to-day. "Modified - System" and Borstal Committee System in Convict Prisons. The - Borstal System, and its extension under the Criminal Justice - Administration Act, 1914. - - - CHAPTER IX.--THE HANDMAIDS OF THE PRISON SYSTEM. 101 - - (1) THE CHILDREN ACT, 1908. - - (2) THE PROBATION ACT, 1907. - - (1) The Children Act, and age of criminal responsibility. Juvenile - Courts, statistics of. Physically and mentally defective children. - The Elementary Education (Defective and Epileptic Children) Acts, - 1899 and 1914. Juvenile Employment Bureaux and Labour Exchanges. - The Elementary Education Act 1918. The Value of Voluntary personal - service directed to the young. - - (2) The Provisional Sentence abroad. The English law of Probation: - Extent of its application: the Law prior to 1907. Difficulties of - comparison of the various Systems. Probation in State of New York: - Direct control and supervision by the State. - - - CHAPTER X.--FEMALE OFFENDERS. 114 - - The fall in committals to prison. The heavy rate of Recidivism. - Formation of the Lady Visitors' Association, its duties, &c. The - Borstal System at Aylesbury, and the work of the Ladies' Committee - of the Borstal Association. The "Modified" Borstal System; Instructions - regulating the class; Extension of Borstal System under - Criminal Justice Administration Act, 1914. Female recidivism, and the - need for adoption of the principle of the reformatory sentence, and - the formation of a State Reformatory. Superintendence and control of - female prisoners by women. - - - CHAPTER XI.--EDUCATIVE, MORAL AND RELIGIOUS INFLUENCES - IN PRISON. 124 - - Education in prisons before Education Act, 1870: comparative statistics - of degree of education of prisoners: large number of illiterate - prisoners: present system of education and teaching staff: prison - libraries, lectures, debates, missions: the work of Chaplains. - - - CHAPTER XII.--LABOUR IN ENGLISH PRISONS. 131 - - Changes in system due to reduction of convicts. Less Public Works - labour. Competition with free labour. Contract system unknown in - English Prisons. Character of present work in Convict Prisons. - Medical census of convicts' fitness for work. The last Public Works, - Dover Harbour. Character of Convict Prison labour approximating - more to that of Local Prisons. Inquiry of 1863, and labour in Local - Prisons. 'Hard Labour' of two classes. The Prison Act, 1877. - Abolition of unproductive labour, and inquiry of 1894. Revision of - Labour Statistics. Improvement in output of manufacture since 1896. - Unskilled labour. Reorganization of female labour, 1911. Work for - Government Departments. Work during the War. The work of - Juvenile-Adult prisoners. - - - CHAPTER XIII.--(1) VAGRANCY: (2) INEBRIETY. 142 - - (1) Early history of Vagrancy legislation. The Act of 1824. Categories - of Vagrants. The casual pauper. Casual wards. Alleged attractiveness - of prison to workhouse: Commissioners' observations on. Committee of - 1906 and need for uniformity in casual wards, &c. Merxplas Colony. - Labour Colonies and the Inquiry of 1903. Identification of habitual - vagrants. Treatment of Vagrancy abroad. Great fall in number - convicted of Vagrancy offences. The way ticket system. Casual Wards - of Metropolis and Metropolitan Asylums Board. High number of - convictions of vagrants. No plan yet adopted by State for dealing - with professional vagrancy. - - (2) Committee of 1872. Act of 1879. Inquiry of 1892. Principles of the - Act of 1898. Establishment of State Inebriate Reformatories. - Character of inmates. Control of State Reformatories. Commitments - under the Act. The working of the Act. Committee appointed in 1908 - to inquire into Inebriates and Probation. Causes operating against - wider use of powers under Act. Inebriety as a factor of crime. - Dr. Branthwaite's inquiry into a number of cases. Mental deficiency - obvious in many. Condemnation of short sentences of imprisonment. - Habitual inebriety and mental defectiveness. Report of Committee of - 1908. - - - CHAPTER XIV.--"PATRONAGE" OR AID TO DISCHARGED PRISONERS: - ITS EFFECT ON RECIDIVISM. 164 - - Former system of aid to discharged convicts. Gratuity system - different from '_cantine_' or '_pécule_' system. Early history of aid - to local discharged prisoners. Provisions made by Acts of 1862 and - 1865. System under Act of 1877. Inquiry of Committee of 1894 and - recommendations. Scheme of 1897. Formation of 'Central Association.' - Discontinuance of Convict Gratuity System. New scheme for aid of - Local prisoners, 1913. The Central Organization of Aid Societies; - Aid to wives and families of prisoners. Proposed National Society for - Prevention of Crime, and protection of the young offender. Aid on - discharge from Borstal Institutions and Preventive Detention Prisons. - - - CHAPTER XV.--THE MEDICAL SERVICE. 185 - - _Personnel_ of the Medical Staff; duties. Sickness and low death rate in - Prisons. Prisons described as the best sanatoria in England. Infectious - disease. Venereal disease. Prison dietary. Insanity and mental - defectiveness, estimated rates of; the Mental Deficiency Act, 1913. The - 'Birmingham' experiment for mental investigation of remand prisoners. - The Borstal System and physical development. The clinical laboratory; - "Study-leave" for Medical Officers. The nursing of sick prisoners. - - - CHAPTER XVI.--A CRIMINOLOGICAL INQUIRY IN ENGLISH PRISONS. 198 - - The nature of the inquiry. Professor Lombroso and the postulate of - the 'Positive' School. The Lombrosian doctrine founded upon observation - alone. The science of statistics: 'Normal' and 'abnormal' - man. The 'criminal diathesis:' The biometric method of Professor - Karl Pearson. Anthropometry and the existence of a criminal type. - Comparison of statistics of criminals and non-criminal public. Dr. - Goring's conclusion that there is no physical criminal type. 'Selective' - factors and the physique of criminals. No 'mental criminal type.' - Statistics of mental defectiveness. Defective physique and defective - intelligence in selection of criminals. Heredity and other environmental - factors. The relation between education and crime. Alcoholism. - Conclusions as to the causes of crime. The criminal a "defective" - man. His inability to live up to required social standard. The need - for individualization of punishment. The Mental Deficiency Act, 1913. - - - CHAPTER XVII.--(A) A SHORT SKETCH OF THE MOVEMENT OF CRIME - SINCE 1872: (B) THE WAR 1914-18. 216 - - (A) Classification of offences proceeded against in Criminal Courts. - Fall in serious crime since 1871. Decrease of non-indictable offences - of a criminal nature. Statistics of non-criminal offences. Prison - Population, statistics since 1881. Decrease in total number of sentences - to Penal Servitude. Great decrease in prisoners under 21 years - of age. Statistics of recidivism. Petty Recidivism and vagrants - and mentally defective persons in prisons. - - (B) Prison statistics during the War: the effect of the Criminal Justice - Administration Act, 1914, and payment of fines. Statistics of the - decrease in various offences. The effect of the Central Control Board - (Liquor Traffic) and committals for Drunkenness. The great fall in - Vagrancy. Criminal statistics in times of industrial prosperity and - distress. Closing of penal institutions during the War. Statistics of - charges tried and proceeded against. The maintenance in the future - of the present low criminal population. - - Appendix:-- - - (a) Regulations &c., for Borstal Institutions. 231 - (b) " " Preventive Detention Prisons. 265 - - Index 268 - - - - -PREFACE. - - -In October, 1910, I conveyed to the International Prison Congress at -Washington the invitation of the British Government to hold the next -Quinquennial Congress of 1915 in London. The invitation was accepted -with enthusiasm. The London Congress of 1872 had prepared the way for -the creation of the International Commission, which was founded a few -years later; but, though supported and encouraged by the Government -of the day, it owed its origin to American influence, notably that of -the celebrated Dr. Wines. Great Britain did not formally adhere to -the International Commission till 1895, when Mr. Asquith, then Home -Secretary, nominated the present writer as British Representative to -the Paris Congress of that year. Since that date, the Quinquennial -Congresses had been held at Brussels, Buda-Pesth, and Washington in -1900, 1905, and 1910, at all of which the British Government was -represented, the reports of the proceedings being duly submitted to -Parliament. - -The preliminary arrangements for the Congress in London in 1915 had -been carefully prepared by meetings of the Commission representing -the United Kingdom, the United States of America, Baden, Bavaria, -Belgium, Bulgaria, Canada, Denmark, France, Greece, Holland, Hungary, -Italy, Japan, Luxemburg, Norway, Russia, Servia, South Africa, -Spain, Sweden, and Switzerland. It was intended also to invite our -Dominions-over-Sea--India, and Egypt, to send special representatives. -These meetings were held in Paris in 1912, and in London in 1914, the -British Committee consisting of the Chairmen of the Prison Boards for -Scotland and Ireland (Lord Polwarth, and Mr. Max Green), Sir Basil -Thomson, K.C.B., and Mr. A.J. Wall, O.B.E., the late and present -Secretaries of the English Board, and myself, as President of the -International Commission. - -But man only proposes, and the Great War intervened to prevent the -realization of those plans. It has, also, of course, for the time -being, arrested the development, and thwarted the purpose, of what -promised to be a great international movement for the discussion and -improvement of all methods affecting the punishment and treatment of -crime. - -It was for the purpose of the Congress of 1915 that I prepared this -short manual, in order that the history and leading features of the -English Prison System might be understood by our foreign visitors, and -especially its more notable developments of recent years, since England -joined the Congress in 1895.[1] - -I had been greatly impressed with the singular ignorance that existed, -both on the Continent and in the United States, of the character of -British penal methods. - -In my Report on the Brussels Congress, 1900, I wrote as follows:-- - - "It is often asked, "What is the value of these Congresses?" It must - not be supposed that an Englishman, going to hear discussions on penal - subjects in a foreign country, where the laws, habits, and character - of the people are entirely different, is going to bring back new ideas - of Prison administration, which he will be able at once to apply, - with advantage, in his own country; nor must it be supposed that he - is going to carry with him instructions and opinions on these matters - which other nations will readily adopt. With a pardonable pride in - his national institutions, he is disposed to think that his Prison - system is the best in the world; but when he goes abroad he must not - be surprised to hear the same claim raised by other countries. He will - find that where the English system is not known or is misunderstood, - it is but little appreciated. There is a general idea that our - punitive methods are harsh, if not barbarous. Legends circulate as to - the terrors of the "_fouet_," the ingenious torture of "_la roue_," - and the grinding tyranny of "_travaux forcés_." It is not surprising - that even an intelligent foreigner fails to grasp the distinction - between a sentence of "hard labour" and one of "penal servitude:" so - misleading are our terms. At the recent Congress, the Head of the - Russian Prisons asked me what is the minimum time for which a sentence - of "hard labour" could be imposed, thinking that it was something in - its duration and severity comparable to the "_katorga_" of his own - country. When I explained that it might be inflicted for one day only, - he turned to his Secretary with a smile, saying, "How little do we - understand the English system!" There is a minority, and I hope an - increasing one, who understand and appreciate the efforts that have - been made of late years to improve the conditions of the treatment of - crime in this country." - -The comparatively few foreigners who had a personal acquaintance with -our Institutions did not conceal their admiration for the order, -method, discipline, and exactness which characterize our methods of -dealing with crime; but, generally speaking, these legendary ideas -prevailed. - -The shadow of transportation, of the dark days of penal servitude, and -of grievous floggings, hindered a true conception of English methods. - -I looked forward to the London Congress as the occasion to dispel these -illusions. - -A short historical retrospect will show that it is only in -comparatively modern times that '_Imprisonment_' became the recognized -method for the punishment of crime, and that prison reform, in the -sense of _moral_ improvement by imprisonment was formulated as a -political duty, and became an earnest pre-occupation of statesmen and -philosophers. Prisons, as places of punishment, were unknown to ancient -Roman law. The '_carcer_' was known only as a place for 'holding' -prisoners, not for 'punishing' (_ad continendos, non ad puniendos -homines_), and the object of punishment was frankly held by Roman -legists to be only that of deterrence by fear. The '_carcer_' is not -mentioned in the list of Roman penalties: death by hanging, by being -hurled from the Tarpeian rock, drowning in a sack; with exile, beating -with rods, &c., were the methods with which as schoolboys we were -familiar. - -In that dark period of penal law, based, as it was, on the ideas of -vengeance and intimidation alone, which lasted down to the French -Revolution, we find little, or no, reference to Imprisonment as the -punishment for crime. In the long list of punishments under the old -French Code we find '_réclusion perpetuelle_' as a punishment for women -and a substitute for the galleys and banishment. There is too '_la -prison perpetuelle_,' but this was not an organized system, but really -a euphemism for that mysterious disappearance of persons obnoxious to -the Crown or the State by '_lettres de cachet_,' or otherwise. - -The Declaration of the Rights of Man in 1789 marks the beginning of -the reaction against these ideas, and the substitution of an orderly -and methodical system of punishment. We find 'Imprisonment' formally -installed for the execution of offences against the law in the French -Code of 1791. At this time Mirabeau is said to have anticipated modern -penitentiary science by publishing a remarkable report, declaring -Prisons to be '_maisons d'amélioration_,' founded on the principle of -labour, separation, rewards under a 'mark' system, conditional licence, -and aid-on-discharge. We seem to be reading a modern treatise on -Prisons--a sudden gleam of light, bursting on an age darkened by the -shadow of much unutterable cruelty in the punishment of crime. - -But there were certain influences that had been silently operating -for some time before this, and leading men's minds to a juster and -truer conception of the purpose of punishment. Those influences were -both ecclesiastical and secular. The influence of the Church in the -middle ages has profoundly affected the modern idea of punishment. '_Le -système pénitentiaire_' is the direct heir of the '_pénitences_' of the -Church. In days when no distinction had yet been created between crime -and sin, these were the expiation of both. The public '_pénitence_' -effected both repentance and example, as a warning to others. The -private '_pénitence_' worked by 'solitude,' to the moral value of which -the early Church attached very great value--"_Quoties inter homines -fui, minus homo redii_" was the guiding maxim which separated the monk -from his fellow-man. 'Solitary confinement,' as we understand the -phrase, dates from the old '_Detrusio in Monasterium_' of Canonical law. - -But while religious custom had rendered familiar the idea of -deprivation of liberty as a means of effecting both repentance and -expiation, the influence of the French philosophers and encyclopædists -of the eighteenth century had destroyed the claims of the State to -deprive a person of liberty by arbitrary process for indefinite -periods, or for any period beyond that warranted by the strict -necessity of the case. The famous treatise of Beccaria in the middle of -the same century further determined the reaction against all arbitrary, -unjust, and cruel penalties. He was the first of the utilitarians; -every punishment which did not arise from actual necessity of social -defence, was, to him and his school, tyrannical and superfluous. Its -object was not to torment or afflict a sensitive human being beyond -the strict limit of social utility. His propositions have become -commonplaces now; but they were new in the age when they were written, -and probably no work has exercised a greater influence in the domain of -penal law. - -It is true that, irrespective of the influence of the Church, and -of the writings of philosophers, isolated experiments in the way of -prison reform had been made in different parts of Europe during the -seventeenth and eighteenth centuries. Some of these anticipated in a -remarkable way the principles in vogue to-day. - -The Protestants of Amsterdam in 1593 built a prison for women, which -had for its object their moral reform by work and religious influences. -There are records of similar establishments in Germany and Hanseatic -towns. In 1703, Clement XI. built the famous Prison, St. Michel, for -young prisoners, and, later in the century, Villain XIV. built the -celebrated cellular prison at Gand, which excited the admiration of our -own Howard. - -It was the immortal Howard who first stirred public opinion in England -to consider the question of prison reform. As Burke finely said of him -"He surveyed all Europe, not to view the sumptuousness of palaces, but -to survey the mansions of sorrow and of pain: to collect the distresses -of men in all countries. The plan was original, and full of genius as -of humanity. It was a voyage of discovery." - -The names of Howard and Bentham will always stand in the forefront of -those who in those dark days tried to enlist public sympathy for the -prisoner and captive,--the former by his keen humanity, protesting -against the abuses and barbarisms which he found to exist at home and -abroad: the latter, as utilitarian and economist, devising a new system -to secure, firstly, a rational system of legal punishment for the -offence committed, and, secondly, a rational system of treatment while -in prison after commitment. - -To the casual student of English Prison history, Bentham is known -chiefly as the author of the somewhat whimsical scheme known as the -'Panopticon'--a structural device for securing, in the first place, the -safe custody of prisoners and economy of administration. Because he -said boldly that he rejected sentiment in his construction of a Prison -System, his influence has been sometimes regarded as hostile to the -reformatory idea which was beginning to gain ground in Europe; but in -rejecting sentiment, he, at the same time, admitted that, controlled -by reason, it was a useful monitor, and, indeed, it is the great merit -of Bentham that, in an age when there was grave need of adjustment of -the essential factors of punishment, he worked for a compromise between -a too great pre-occupation with its moral purpose, and a too severe -insistence on its penal and terrifying effect. Though in vigorous -language he preached the gospel of 'grinding rogues honest,' it was -part of his plan to educate, to classify, to make methodical provision -for discharge, and, lastly, he may be said to be the founder of the -modern school of criminology in laying stress on the absolute necessity -of preventing crime by discovering and combating its causes. - -But Bentham was in advance of his age in these matters, though his -writings exercised a considerable influence in France, where jurists -were busy preparing the Penal Code of the First Empire. History, by -the pen of Professor Lecky, has severely condemned the statesmen of -that period for their callous indifference to all questions relating -to the treatment of crime and of prisoners. He says: "England, which -stood so high among the nations of the world in political, industrial, -and intellectual eminence, ranked in this matter shamefully below -the average of the Continent." There was, in fact, no penal system, -strictly so-called. It was simply a policy of '_débarras_,' under which -all offenders against the law were shipped to the Colonies; young -and old, grave and petty offenders were all banished under a rough -and ready scheme of Transportation, (as explained in my Chapter on -the history of Penal Servitude). So long as this System lasted--from -1787 to 1845--the modern problems, which are involved in keeping -our prisoners at home, did not occupy the public mind. This apathy -and callousness was not due entirely to the sense of security which -Transportation gave by the practical elimination from the body politic -of persons presumed dangerous to the State: it was due also to the want -of imagination, which is the parent of cruelty. For this, the absence -of any system of National Education must be held responsible. It was -not until imagination was quickened by the great religious revivals, -by the gradually increasing power of the Press--(the champion of all -forms of unnoticed suffering) and by the spread of education among -the masses, that Philanthropy, in its modern garb, the Inquisitor -of prisons and of the dark places of the world, came down to the -earth, and demanded that all those cruelties which were associated -with English penal law should cease, and that it should no longer be -possible to say with Sir S. Romilly (1817) that "the laws of England -were written in blood." _Excidat illa dies ævo nec cetera credant -secula._ - -But dawn was breaking, and the impulse that was to compel attention to -'_la question pénitentiaire_' came from the other side of the Atlantic. - -I have shown, in tracing the history of imprisonment for short -sentences (Local Prisons) in this country, how paramount was the -influence of America in the first half of the last century. The -echo of the controversy between those who upheld the Auburn and the -Philadelphian Systems--the Cellular and Associated plans--respectively, -still lingers. In America, the movement which determined the reform of -Prisons was essentially religious. It was the old idea of '_Pénitence_' -borrowed from the Canonical Law, which there, as in Europe, dominated -the minds of men who regarded a sentence of the law as the instrument -for bringing back the mind of the offender, by solitude and meditation, -to remorse for the sinful act, and amendment for the future. The prison -cell, as with the monks of old, was the method of redemption--"_cella -continuata dulcessit_." If by its positive effect the cell worked -redemption of the soul, its negative result was claimed to be equally -efficacious in preventing contamination by means of segregation. -Pressed severely to its logical conclusion, cellular seclusion became a -refinement of cruelty, while, on the other hand, promiscuity, resulting -from unregulated association, was admitted in this, as in other -countries, to be the nursery of crime. From that day, the course of -Prison Reform has been in the direction of finding a compromise between -these two opposite principles; an effort to reconcile the deterrent -effect of punishment with the object of so improving the mind and body -of a prisoner that he shall leave Prison a better and not a worse man. -Because it is a more inspiring and a nobler task to reform a man by -punishment, than to use punishment merely as the means of retribution -by exacting from him the expiation of his offence by a dull, soulless, -and a monotonous servitude, public sentiment, in all its zeal for the -rehabilitation of the offender, is apt to overlook the primary and -fundamental purpose of punishment, which, say what we will, must remain -in its essence retributory and deterrent. - -It is a curious and interesting fact that a dispute between two -neighbouring States in America as to the best plan to follow in dealing -with offenders--whether it was better to keep them in their cells -day and night, or during the night only, should have determined for -England, France, and other parts of Europe the method of imprisonment -to be adopted, _viz_:--the Cellular System. The System found favour -in Europe, as in America, for its moral or religious value; in -other words, the _reform_ of the prisoner from this date takes its -place deliberately as one of the essential factors of punishment, -side by side with retribution and deterrence. As I have said, it -was essentially a religious movement, but to the success of the -propaganda, which elevated the cellular system almost to a fetish, -there were contributing causes of a more practical nature,-the -admitted evils of unregulated association, the urgent need of a new -method of construction, the greater security of prisoners, and the -economy of administration, resulting from the employment of a smaller -staff for supervision. These latter considerations soon became the -principal pre-occupation of those engaged in prison administration. -For many years following the triumph of the cellular system, the -originally dominating idea of moral reform, as the principal purpose -of punishment, seemed to be lost sight of in a hurried rush, both in -England and on the Continent, to build new prisons on the cellular -plan, to improve their sanitary conditions, to regulate dietary, to -organize labour, and generally to concentrate on the economic, rather -than on the moral, improvement of those suffering imprisonment. - -The writings of De Tocqueville and Beaumont, the delegates sent out by -France to study the cellular plan in America, had a wide influence in -restraining that excessive zeal for aiming at the moral or religious -reform of prisoners, which had inspired the Quakers of Pennsylvania in -their crusade against the abuses of the old system. The words of De -Tocqueville are worth quoting, as they called back the minds of men -at a time when such a warning was greatly needed, to a just and wise -appreciation of the function and purpose of punishment, and corrected -a tendency which is always asserting itself, to exaggerate the -necessity for moral and spiritual reform, at the expense of the other -essential attributes of punishment. He says, "I say it boldly: if the -penitentiary system has no other purpose than reform, the lawgiver must -abandon the system, not because it is not admirable, but because it -is too rarely attained. The moral reform of the individual is a great -thing for the religious man, but not for the statesman: a political -institution does not exist for the individual, but for the mass. Moral -reform is then only an accident of the system. Its value is in the -habit of order, work, separation, education, obedience to inflexible -rule. These have a profound moral value. If a man is not made honest, -he contracts honest habits: he was a useless person, he now knows how -to work: if he is not more virtuous, he is at least more reasonable: he -has the morality of self-interest, if not of honour." - -MM. De Tocqueville and Beaumont had been commissioned by the French -Government in 1831 to visit the United States, and to report on the -comparative advantages of the Auburn and Pennsylvania systems. They -were followed in 1837 by M. Demetz, the famous founder of the Colony -of Mettray. It was due to the influence of these men, aided by the -writings of MM. Lucas and Bérenger in France, and of Ducpetiaux in -Belgium, that a remarkable impulse was given in Western Europe to the -adoption of the cellular system. Two International Congresses were held -at Frankfort in 1846, which declared in favour of the separate system. -It was to this period of keen interest in the question of prison reform -that in England we owe the model prison at Pentonville, 1842, the -Prison of Louvain in Belgium, and a large number of cellular prisons -built in France, Switzerland, Prussia, Sweden, Norway and Denmark. We -have here the beginning of the later International movement, which -afterwards found expression in the International Prison Commission-a -formal body of experts nominated by most of the leading States of the -World, whose periodical meetings in different centres since the London -Congress of 1872 are recognized as a great civilizing influence in -all that relates to the treatment of prisoners, the construction of -Prisons, and the revision of penal law. - -It may be stated broadly that to France and America must be given -the credit for the impulse and energy which lit and kept alive the -torch of prison reform during those years of the last century, say -1830-70, when, by reason of dynastic changes on the Continent, and -political struggles at home, the flame might have been obscured, or -even extinguished. Although, in many countries, as in our own, eminent -men and women, whose names will always live, had even from the middle -of the eighteenth century, inspired by a lofty humanity, raised their -voices in protest against the callous indifference which tolerated -much cruelty and barbarity in the system of punishments, yet, the -main impulse came, on the one hand, from the religious zeal of the -Pennsylvanian Quakers who tried to utilize deprivation of liberty, by -means of imprisonment, as an instrument for effecting the spiritual -regeneration of the offender; on the other, from the political zeal for -the rights of man--even the reversionary rights of the prisoner,--which -dominated French thought, under the influence of the encyclopædists. -These currents, reacting on each other, determined the course of -public opinion in the direction of regarding a good, just, and humane -prison system as the index of a progressive civilization. It was the -combination of these two influences in concrete, which, just fifty -years ago, inaugurated what may be called the 'modern system.' The -famous Commission of enquiry into the state of Prisons, appointed by -the National Assembly in France in 1871, and with which the names of -d'Haussonville, Bérenger, and Félix Voisin will always be honourably -connected, was followed immediately by the mission to Europe of -Dr. Wines, the Secretary of the Prison Association of New York. To -his energies we owe the London Congress of 1872, the parent of the -International Prison Commission, established on a secure and lasting -basis a few years later. In 1877, was founded in Paris the _Société -Générale des Prisons_--the French Academy of penal science--a body of -men distinguished in law, medicine, science, and philanthropy, who -have consistently since that day, through their Journal, '_La Révue -Pénitentiaire_'--a monthly publication,--informed and educated public -opinion throughout the civilized world on all questions relating to the -treatment, and, notably, the prevention of crime. - -The first International Congresses--known generally as 'Prison' -Congresses, were concerned more with 'Prison' than with penal law, -with visits to penal establishments, and with comparisons of Prison -systems. The _régime pénitentiaire_ was the principal pre-occupation, -but the subjects of discussion soon outgrew the original limits. The -sphere of inquiry gradually broadened. The prison régime is only the -expression of the penal law, which itself again is only the expression -of the public sentiment or opinion, which is the final arbiter in -deciding the methods to be followed in maintaining the rights of the -community against those who threaten its peace and security. Succeeding -Congresses, therefore, as was to be anticipated, composed, as they -were, not only of Prison officials and experts in prison management, -but of persons from all countries, distinguished in law, medicine, and -science, claimed for themselves a larger field and a more ambitious -title. _La 'Science' pénitentiaire_ is declared to be the new scope -and title of the work. It is an all-embracing phrase, and, from the -necessities of the case, of ambiguous meaning. It includes both -practical knowledge of administration, and the knowledge by which -Science, in its strict sense, can inform and instruct in dealing -with the problem of crime, and of criminal man. To these must be -added Social Science, and all implied by that wide term. The reaction -that became manifest at the close of the last century was against -what is called the "classical" conception of crime and punishment. -Professor G. Vidal, the eminent author of 'Droit Criminel et la science -pénitentiaire' has shown how rigid and mechanical, under the influence -of the French penal code, the administration of criminal justice had -become. The accused was simply a '_type abstrait_' a "_mannequin -vivant sur lequel le juge colle un numéro du code pénal_." A reaction -against this abstract conception of crime came in the early 'eighties -from a school of Criminologists known as the Italian School, of which -the chief was Lombroso. Theories of the _criminel-né_--i.e., a human -being fore-doomed to crime by atavistic propensity, and distinguishable -physical stigmata, or '_tares physiologiques_'--created considerable -sensation at the time, and it cannot be denied that, though refuted by -later enquiry, they exercised a profound influence in Europe, and gave -a direct impulse to the scientific study of the _causes_ predisposing -to criminal acts. This study has since become the principal -pre-occupation in all countries of those interested in what, by a -misnomer, is spoken of generally as Prison Reform. The phrase remains, -but it refers no longer to questions concerning the construction and -management of prisons, the comparative merits of the cellular or -associated plan, forms and methods of prison industries, staff and -discipline. The Prison Reformer of to-day has adopted from Continental -writers a phrase, which is at once the motto and the principle of -his faith. '_L'individualization de la peine_' sums up concisely the -new tendency. This phrase aptly expresses the efforts now being made -throughout the civilized world to grapple with the problem: not by -dealing with prisoners as 'abstract types,' or in the mass, by imposing -hard and fast regulations to be adopted for one and all irrespective of -individuality, but to deal with each case on its merits: to note its -peculiarities, and above all things, by 'preventive' measures to avert -an otherwise certain gravitation towards crime. - -In the working out of this problem, the International Commission is -a sort of 'League of Nations,' ever striving by the invention of new -Preventive measures, not so much to improve the habitation, custody, -and treatment of offenders who are committed to prison, but to prevent -them from arriving at that stage where commitment to prison becomes -necessary, for long or short periods, in the interests of the security -and protection of the community. - -The aid of science is more and more invoked, and it is with reason and -good purpose that the International movement professes to be a movement -for the discovery and propagation of '_la science pénitentiaire_.' Of -all the sciences invoked in the cause of prison reform, medical science -is assuming more and more a preponderating _rôle_ in the domain of -criminal justice. The mysterious laws of 'psychiatry'--a word of common -use and application in all discussions in the problem of crime,--now -engage, especially in the United States, a keen and close attention. -The 'psychical laboratory' is, in many States, a necessary appanage of -a penal institution. In theory, the knowledge of the mental state of -a person committing an offence is a condition precedent to a correct -assessment of guilt. Such investigation includes not only the diagnosis -by scientific test of mental state, but of all those pathological -conditions resulting, perhaps, from physical or external causes, -hereditary or otherwise, which may be held to attenuate responsibility -for any given act. The psychical laboratory as a system in aid of -justice assumes, of course, a normal or reasonable being, and to such -a being alone can full responsibility be attached. It is obvious to -what extravagance such a system can be pushed, but the underlying -principle is sound, and a perfect prison system, based on science, -would adapt its treatment to a far greater degree than at present to -the varying categories of offenders, who, under the old classical -system, which recognized only the uniform and abstract type of crime -and criminal, would be consigned equally to the one abstract and -uniform type of penalty--the prison cell. - -But it is not only medical science which claims this preponderating -_rôle_. If the Lombrosian School erred in asserting the predominant -influence of what was called the 'physio-psychical' conditions of -crime: if the right to punish man be based not on the character of the -crime, but on the constitution of the criminal, the doctor would usurp -the function of the judge, and the bankruptcy of the old penal system -would be complete. It was in protest against this extravagant assertion -of the claims of medical and mental science (medico-légale expertise) -that a succession of Congresses was held on the Continent in the latter -part of the last century (_Congrès International d'anthropologie -et sociologie_), at the last of which--the Congress of Geneva, -1896--the English Government was represented. The general result of -the discussions that took place was to reject the Lombrosian idea of -the physical or constitutional causes of crime, and to assert the -importance of '_milieu_' (nurture and environment) as the predisposing -factor in anti-social conduct,--in the words of Dr. Lacassagne, -Professor of Legal Medicine at Lyon--words which sum up tersely the -familiar view that crime is entirely the result of social conditions, -'_le milieu social est le bouillon de culture de la criminalité, le -microbe c'est le criminel_.' - -The relative part played by inherited propensity and social environment -remains to-day the leading subject of controversy with those interested -in the philosophical aspect of crime. England has contributed its -share to this controversy in the remarkable work of Dr. Goring "The -Study of the English Convict," of which I have given a brief account -in the Chapter "A Criminological Inquiry in English Prisons." His -early death has robbed penal science of a brilliant and earnest votary; -but his work will always remain as the first attempt to analyze the -causes of crime by strictly scientific method. An abridged edition of -his work has lately been published, with an Introduction by Professor -Karl Pearson, under whose auspices and guidance it was compiled at -the Biometric Laboratory of the London University. An Introduction by -Professor Pearson not only marks the great scientific value of this -attempt to probe the causes of crime, but gives a just and merited -appreciation of a singular effort by a very remarkable man to test the -observations and experience that came to him as a Medical Officer of -Prisons by the latest methods of scientific investigation. - -On the Continent of Europe there has been proceeding since 1869 an -attempt to reconcile the extreme views of the Italian School as to the -predestination by atavistic or innate disposition to criminal acts -with the theory that the causes of crime are to be sought exclusively -in social condition. In that year, was founded _l'Union Internationale -de droit pénal_, of which the most distinguished founders were three -Professors of Law--Van Hamel, Prins, and Von Liszt, Professors of Law -at the Universities of Antwerp, Belgium, and Berlin, respectively. -Since that date, Congresses have been held at Brussels, Berne, -Christiania, Lisbon and Buda-Pesth. The object of this School, -while admitting the value of experimentation by anthropological and -sociological study and research, was to encourage preventive work, so -that the occasion of crime might be anticipated, be it that of social -circumstance which induced the predisposition to the anti-social -act (the occasional criminal), or the psycho-physiological state -which, unless discovered and checked in the beginning by appropriate -preventive handling, medicinal or institutional, is likely to become -the parent of conduct dangerous to the community (the habitual -criminal). The two factors, external and internal, often co-exist, -and the difficulty of the problem must be intensified by their -co-existence. It is, therefore, only by the 'individualization of -punishment' i.e., by a careful, and exact, and scientific system of -preventive diagnosis that a true and correct assessment of criminal -responsibility can be attained. This is the modern system--the point -to which the long road of penal device, theory, and invention leads. -The problem is scientific and social. To deal with it effectively we -require not only what science can disclose in the sphere of mental -diagnosis, and therapeutics (psychiatry), but what the improvement of -social condition can effect in raising the standard of life. - -It may not occur to those who observe casually, and perhaps carelessly, -the phenomenon of crime to what an extent it depends on, and can -be explained by, strictly social conditions. What is summarized by -criminologists under the title of '_l'hygiène préventive_' comprises -all those social and political reforms which make up the 'Social -Programme,' which is engaging the attention of our statesmen to-day. -Better housing and lighting, the control of the Liquor Traffic, cheap -food, fair wages, insurance, even village Clubs, and Boy Scouts, in -fact, all the special and political problems in vogue to-day--all react -directly on the state of crime. The great War--terrible and hard school -of experience though it has been--has given us the great object lesson -of what new conditions of life, resulting notably from the control of -the Liquor Trade and facility of employment, can effect. A century of -legislation directed to the changes of the penal code, or the methods -of punishment, would not effect what social legislation, induced by -the War, and affecting the daily habit and living of the people, has -revealed during the last five years,--the numbers coming to prison -reduced 75 per cent! 71 per 100,000 committed to prison in 1918, as -against 369 in 1913: the committals for Drunkenness reduced from 70,000 -to 2,000: the almost complete disappearance of Vagrancy--a reduction -from 24,000 to 1,200--the "_plaie sociale_"--the despair and the -problem of the prison and social reformer. - -By recapitulating shortly in this Preface the history of punishment in -its successive phases since the question of Prison Reform first began -to occupy the minds of statesmen and philanthropists in the middle of -the eighteenth century, I have endeavoured to make it clear to those -who, in the future, will be responsible for the law and practice of -Prisons, the direction in which progress lies. Given firm, thoughtful, -humane administration in all that concerns the actual custody of -all offenders of both sexes of the various categories, given a wise -classification and treatment according to age, sex, and nature of -the offence--the future lies in Preventive Science; on the one hand, -medical science, strictly so-called, which shall, by diagnosis and -therapeutics of the mental and physical state, _in early age before -it is too late_, correct and restrain by suitable preventive means, -institutional or otherwise, the tendency to anti-social conduct; and -on the other, social or political science, which, by raising the -standard of life among the masses, will re-constitute the '_milieu_' -whence vice and misery spring. Let not the reproach again be made by -an English historian that "England falls shamefully below the level -of foreign countries" in this great matter. If foreign countries -rightly admire the method, discipline, firmness, and impartiality of -our penal system, let them also recognize that we are not behindhand -in what Preventive Science has to teach in the domain of medicine, -law, and social hygiene. While firmly maintaining the system of human -rights unimpaired, and while not failing in the protection of the -State from any attack made on that system by persons, individually -or collectively, let us exhaust every means for saving the potential -offender from succumbing inevitably, in the absence of prophylactic -methods, to the temptations to commit anti-social acts, which from -causes mental, physical, or social he is unable to resist. This is -the meaning of the 'individualization of punishment'--it is quite -consistent with a firm administration of penal justice, but it destroys -for ever the old classical idea of the 'abstract type of criminal.' In -other words, justice demands that the old formula of 'Imprisonment with -or without hard labour' indiscriminately applied, shall no longer be -held to satisfy all her claims. - -The reaction against this so-called '_dosimétrie pénale_' i.e., -the abstract conception of crime and the mechanical application of -punishment 'according to code' is a growing force. It is marked -in the United States of America by the universal adoption of the -'Indeterminate sentence,' and on the Continent of Europe by various -degrees for conditional conviction and liberation which find their -place in the latest penal codes. In England and America, Probation: -in France and Belgium, the '_sursis à l'exécution de la peine_'--all -mark the reluctance to resort to fixed penalties when Justice can be -satisfied by other means. England, I believe, stands alone in its -adoption of the system of Preventive Detention--one of the most notable -reforms of recent years for dealing with the Habitual Criminal. The -success of the system, so far as it has gone, goes far to justify -belief in the virtue of Indetermination of sentence. Public opinion -may not be ripe for this yet, as applied to ordinary crime, but the -principle which the system of Preventive Detention illustrates, -_viz_:--the careful observation of the history, character, and -prospects on discharge by an Advisory Committee on the spot, with a -view to the grant of conditional freedom, furnishes in a different -sphere an interesting example of the value of 'individualization.' The -strict condition of release is that a man places himself under the -care and supervision _not of the Police_, but of a State Association, -organized and subsidized by the Government, but entirely controlled -by a body of unofficial workers, who keep him under strict but kindly -supervision, provide him with employment and lodgings, but unfailingly -report him to the Authorities if he fails to observe any one of the -conditions on which freedom has been granted. The singular success of -this system applied to the worst and most inveterate criminals, each -of whom has been found by a Jury to belong to the habitual criminal -class, has naturally induced the opinion which is gaining ground, -that similar methods might, with advantage, be used in dealing with -the ordinary penal servitude population, and be substituted for the -old ticket-of-leave system, under which remission of sentence can be -earned by a more or less mechanical observance of prison rules, on the -condition that the unexpired portion of the sentence is passed under -Police Supervision. It is possible that comparison of the two systems -may engage public attention in the future, when interest in prison -reform, obscured and diminished by the greater problems which the war -has created, again asserts itself. - -I have shown in the Chapter on Discharged Prisoners the -indispensability of a good system of 'Patronage' or aid-on-discharge. -Much has been done in this respect in recent years. The action of the -Government in 1911 in recognizing the supreme importance of regulating -the discharge of persons from penal servitude by the establishment of -a State Association for this purpose, was a great step forward. To the -Central Association for the aid of discharged convicts, then created, -may be attributed a large and an honourable share in that remarkable -decrease of recidivism which prison statistics illustrate, and to which -reference is made in my Chapter on "Patronage, or Aid-on-discharge." It -is also a remarkable example of the value of a co-operation by which -the resources of the State, and the enthusiasm and _freedom of action_ -possessed by a voluntary association, can contribute to the diminution -of crime. - -The retrospective study of crime in this country since the London -Congress, 1872 (Chapter XVII.), must suggest many reflections, both -concerning its treatment in the past, and its prospect for the future. -If we eliminate the period of War, 1914-18, the special conditions of -which I have already referred to, the broad deduction may be made that -so long as the classical conception of punishment remained, i.e., the -mechanical application of the letter of the law to an abstract type -of offender, no great impression was being made either in the number -or character of offences. Statistics varied from year to year under -the influence of special circumstances; but the great stage army of -offenders in all the categories continued its unbroken array, with a -monotonous regularity, and it seemed almost a mockery to talk of social -progress, when, in the background was the silent, ceaseless tramp of -this multitude of men, women, and children, finding no rest but behind -prison walls, and only issuing thence to re-enter again. - -In Chapter VII. (The Inquiry of 1894), I have shown how the public -conscience awoke at the end of the last century. It declared in a -voice that could be heard that a determined effort must be made to -grapple with this problem, and in two ways in particular, (a) It -asserted the new policy of _Prevention_, _not_ Prevention in the sense -of the old penal servitude Acts, by which a criminal was prevented -after a series of offences by strict supervision of Police from -repeating his crimes, but Prevention which would strike at the sources -of crime, by cutting off the supply _by concentration of effort on -the young offender_; and (b) by the organization of such a system of -Patronage, or Aid-on-discharge, that no prisoner could say with truth -that he had fallen again from want of a helping hand. Prevention, in -this sense, has been the watch-word of the Prison System since that -time, and its effect is distinctly traceable in the statistics of crime -since the beginning of the century. - -Enough has been said to show that the future of crime is with the -statesmen and men of science. The prison administrator plays only -a small and obscure executive part--but from his experience and -observation of the causes that make for crime, he may be able to denote -the direction in which its gradual solution may be found. A quarter of -a century spent by the Author in directing the prison administration of -this country is his excuse for offering his humble contribution to this -absorbing and all-important theme-- - - "Enough if something from our hands gives power - To live, and act, and serve the future hour." - - E.R.B. - - December, 1920. - -FOOTNOTES: - -[Footnote 1: Although the greater part of this work was prepared in -1915, where it has been possible, the statistics furnished are of a -more recent date.] - - - - -THE ENGLISH PRISON SYSTEM. - - - - -CHAPTER I. - -THE MEANING OF - -"PRISON REFORM." - - -"Prison Reform" is a phrase of many meanings. It is used indifferently -by the publicist who is seeking a correct definition of the function -of punishment: by the utilitarian who doubts if the official system of -administration is fulfilling its State purpose: by the humanitarian -whose pity is stirred by the inevitable austerity of a system, -inflexibly applied to all who suffer deprivation of liberty, and whose -mechanical operation might, in their opinion, be relaxed relatively to -the vastly different mental and physical states of all the categories -of human beings coming, in one way or another, within the domain of the -criminal law. - -All agree that the System should be, as far as possible, 'Reformatory,' -but many are tempted to overlook that it must be also, if punishment -is to have any meaning, coercive, as restraining liberty; deterrent, -as an example; and retributory, in the sense of enforcing a penalty -for an offence. When Plato said that the object of punishment is to -"make an offender good," he did not intentionally underestimate the -'retributory' theory of punishment. He only meant that, in the language -of modern philosophy, we must respect the reversionary rights of -humanity, and while inflicting punishment for an anti-social act, must -not lose sight of the duty of restoring, if possible, the offender to -society as a better man or woman. As stated by the Committee of 1894, -we must not regard him or her as "a hopeless and worthless element -of the community." It must be admitted that chastisement by pain -(_i.e._ temporary deprivation of liberty and all that that implies) -appeals only to the lower nature, but it is effective in suggesting -the consciousness of what the system of human rights means--the system -which is maintained by a strong collective determination that it shall -not be violated with impunity. This is commonly called 'retribution,' -but it has nothing to do with vindictiveness or private vengeance. -Society without such a collective determination to resent and punish -anti-social acts would be a welter of anarchy and disorder. Let us not -then be tempted in the goodness of our hearts, and in the strength of -our human pity and sympathy, to overlook the necessary foundation of -punishment, which is the assertion of the system of rights by pain -or penalty--not pain in its physical sense, but pain that comes from -degradation and the loss of self-respect. - -There is some confusion in the everyday use of the phrases 'Prison -Reform' and 'Penal Reform'. Formerly, 'Prison Reform' meant the -structural reform of prisons, sanitation, order, cleanliness. To-day, -it means the reform of the "prisoner" by improved methods of influence -and treatment while in prison. 'Penal Reform' means strictly the -reform of penal law, or of the system of punishment--a question of -State policy, with which Parliament and the Judiciary are primarily -concerned. These are, of course, greatly influenced by public sentiment -and opinion. It is a difficult, complex, and subtle problem, for -the solution of which we require legal knowledge, administrative -experience, and a nice judgment of the temper of the community, and -of the balance which should be kept between the just, and even stern, -maintenance of the system of public rights and the rights of the -individual human being, which must always be respected, even under -chastisement. 'Prison Reform' is not a theory of punishment: it is an -incident of it: it is a question how far we can assert the rights of -the State without unnecessary, or excessive, or unprofitable moral and -physical damage to the individual. - -Of physical damage we need not speak, for it must, I think, be conceded -that the medical care of prisoners in this country is as exact, and -patient, and considerate, as can be secured by an able, humane, and -untiring medical staff. - -With moral damage it is different. The most sanguine would hardly -expect that, even with the most approved methods, the '_flétrissure_' -of punishment can be entirely avoided: the blow to pride and -self-respect, and of the respect of one's fellow creatures, must -constitute a damage which, if not irreparable, must be heavy and -even lasting. A humane administration will try and mitigate this -inevitable incident of all punishment. Its first and primary function -must be, of course, to secure obedience, discipline, order, and the -habit of industry. These things alone have a great moral value. -Many cruelties have been enacted in the past in the name of prison -discipline--solitude, darkness, chains, floggings, tread wheels and -cranks, even until a comparatively recent period, were regarded as -the essential accessories of punishment. In studying the history of -punishment, we cannot fail to be struck by the singular inventiveness -of the human mind in designing forms of suffering for those who -broke the law--crucifixion, mutilation, stoning, drowning, torture. -It was not until the folly of unprofitable and cruel punishment had -been illustrated, as in this country, by its failure to correct, or -prevent, or until the certainty of punishment was recognized as the -real deterrent for crime, that the penal system was rationalized, and -by a slow process, due to a progressive widening of the circle of -humanity, to what M. Tarde describes as "_la propagation ambiante des -exemples_," the civilized races of the world laid down the sharp and -cruel instruments by which alone it had been believed that society -could be avenged, and justice secured. It came slowly to be recognized, -not only as a religious, but as a political truth, that the worst -criminal possessed 'reversionary rights of humanity,' and that it was -only by respecting these that there existed the chance, and the hope, -that a man might be reformed by punishment, and not thrown back again -into the world with only one burning desire to avenge himself for the -cruelties which society had indicted upon him. This is the meaning of -the Platonic maxim that the purpose of punishment is "to make men good." - -How do we try and 'make prisoners good in English Prisons'? Admitting -the necessity for strict regulation to secure order, discipline, and -obedience, what are the Reformatory influences in English Prisons? -Let us first consider the nature and character of the population to -whom these influences are to be applied. True, that they are all human -beings, with 'reversionary rights of humanity'; but what an infinite -variety of mental and physical states: what an infinite degree of -will-power, of self-conciousness, and of self-control, of capacity -to realize and to understand. Let us regard them as a College or -University of persons of all ages, sexes, and dispositions, and let -us not forget that this '_corpus_' on which our reforming influences -are to be brought to bear is, for the time being, not subject to -all the impulses, stimuli, hopes, rewards and temptations to which -persons in free life are subject. It was well and truly said by the -Home Secretary (Mr. Churchill) in the House of Commons, in 1910, "the -mood and temper of the public with regard to the treatment of crime -and criminals is one of the most unfailing tests of the civilization -of any country. A calm, dispassionate recognition of the rights of -the accused, and even of the convicted, criminal against the State--a -constant heart-searching by all charged with the duty of punishment--a -desire and eagerness to rehabilitate in the world of industry those who -have paid their due in the hard coinage of punishment: tireless efforts -towards the discovery of curative and regenerative processes: unfailing -faith that there is a treasure, if you can only find it, in the heart -of every man. These are the symbols, which, in the treatment of crime -and criminal, mark and measure the stored-up strength of a nation, and -are sign and proof of the living virtue in it." There could not be -better words than these to inscribe as a phylactery on the brow of -every prison administration throughout the world. They are, indeed, the -test of civilization. Do our works in this country correspond to this -profession of faith? - -Of what does this '_corpus_' consist? In the year before the war there -were, in round figures, 90,000 males and 32,000 females sent to prison -for periods of less than 6 months: about 7,000 of both sexes sent for -long periods over 6 months: about 1,000 sent to penal servitude: and -about 6,000 Juvenile-Adults came within the jurisdiction of the Prison -authority, either in Borstal Institutions or ordinary prisons. Of -these, the percentage of recidivism in Convict Prisons was no less than -87% for males and 70% for females. Of those sentenced to imprisonment, -63% of the males, and 79% of the females had been previously convicted, -while no less than 17% of the males and 31% of the females had incurred -eleven or more previous convictions. Amongst the young male prisoners, -16-21, sentenced to imprisonment, about 60% had incurred no previous -conviction. The system of classification to which all these are subject -in prison, is described in Chapter VII. - -All are subject alike under general prison rules to the reforming -influences of religion. The Chaplain, Priest, or Minister walks -noiselessly among them all, gleaning wheat among the tares, and calling -back those who will come to the bidding of the divine Imperatives, -which if they have been imparted in youth, have, in many cases, almost -faded from memory; and who can tell how often in the silent communings -of the cell, the spark of life and regeneration may not light again -at the voice of the patient, pleading Minister of God. It is not -only by the call of the Chapel services, with the hymns and simple -prayers, but by the regular visitation of each in their cells, that -this spark latent, but not quite extinguished, may rekindle. Do not -let us undervalue the quiet, patient, and unwearying task of those who -minister spiritually to those in bondage in prison cells. The door is -wide open to all creeds and denominations who seek to enter in; and not -only to Ministers of religion, but to lay visitors and missionaries who -find their prompting to this work by their desire to realize the holy -precept "I was in prison and you visited me." Let us not forget the -gentle and comforting influence of our Lady Visitors, and the thousands -of forlorn and despairing women, young and old, who perhaps find, for -the first time, the voice of sympathy and encouragement, which, like a -ray of sunshine, lifts the gloom from off their souls. - -In addition to the carefully prescribed orders for the education up to -a certain Standard of such prisoners as are shown after examination on -reception to be in need of it, there are, too, other means by which -"the spark of life and sympathy" can be kindled in prison. Of late -years, great progress has been made in the systematic introduction -of outside influences in the form of lectures and addresses on lay -subjects, calculated to interest and inspire, and to afford matter -for reflection, and to mitigate the evil of morbid introspection -inseparable from long and monotonous seclusion. The value of such -influences is manifested in a wonderful degree by the reference made -to them in letters from prisoners to their homes and friends. In many -cases, a new outlook on life begins. Men and women who have almost -lost their humanity by habitual association with the lower conditions -of life,--its cupidities, baseness, and greed--whose minds have never -risen above the gratification of sensual desires and impulses, have -a new vista of things opened to them. Such 'conversion' may arise -quite unexpectedly and fortuitously from some simple story, from some -appealing incident in world history, even from simple explanation of -the wonders of nature or of science. During the war, the practice was -instituted of giving a weekly account of the great events occurring on -the battlefields of the world: of the heroic deeds that were done: of -the noble sacrifices that were made. There was a unanimous agreement -as to the moral value of these addresses; and it has recently been -decided to continue the system of imparting news of the world to -all prisoners by the same method of weekly addresses, Governors and -Chaplains having a discretion as to the subjects they shall select, and -the manner in which they shall deliver them. It has often been made a -reproach against the Prison System that prisoners are cut off from all -knowledge of outside events, and are thrust back again into the world -like children pushed into a dark room, and obliged to grope and feel -their way before they can stabilize themselves in the current of normal -life. This is no longer the case. - -It is another reproach against the system that prisoners are doomed to -an unnatural existence by the so-called 'law of silence.' Since 1898, -there has been no 'law of silence,' strictly so-called. Previously to -that date, the order ran "The Governor shall enforce the observance -of silence throughout the Prison." The Committee of 1894 said on this -subject: "We think that the privilege of talking might be given after -a certain period as a reward for good conduct on certain days for a -limited time, and under reasonable supervision, to all long-sentence -prisoners, local as well as convict, who have conducted themselves -well, and who are not deemed unsuitable for the privilege. The present -practice of imposing silence except for the purposes of labour and -during the visits of officials and authorised persons, for a period -it may be of 15 or 20 years, seems to us unnatural. We recognize that -careful supervision would be necessary if this privilege is allowed, -but we do not think that the disadvantages which might, perhaps, -from time to time, occur would be at all equal to the good likely to -result from a partial and judicious removal of this very unnatural -restriction." The existing rule made under the Prison Act, 1898, is as -follows:-- - -"The Governor shall, subject to the provisions of these rules, prevent -all intercourse or communication between the prisoners, so far as the -conduct of the business of the prison or the labour of the prisoners -will permit, and shall take care that all intercourse or communication -between them shall be conducted in such manner only as he may direct. -But the privilege of talking may be given after a certain period as -a reward for good conduct on certain days, for a limited time, and -under reasonable supervision, to such long-sentenced prisoners as have -conducted themselves well, and who desire the privilege and are not -deemed unsuitable for it." - -Conformably to this rule, a prisoner who desires this privilege (and -many do not desire it) and is not unsuitable for it, may, on Sundays, -after a certain period of sentence, walk and converse with another -prisoner, provided that such prisoner is of the same class, and that, -in the opinion of the Governor, the association is not likely to be -injurious. Female prisoners and invalids in hospital are allowed a -large latitude in this respect. - -The object of the regulations is not to impose a strict 'law of -silence,' which is reasonably deemed 'unnatural,' but to prevent -harmful and profitless gossip, and inter-communication between -prisoners, which is not only dangerous from the point of view of order -and discipline, but as furnishing a fertile source of corruption. Those -who declaim against the 'law of silence,' in the same breath denounce -the prison régime as a 'manufactory of criminals,' or as a 'nursery -of crime.' In what way could criminals be better manufactured than by -allowing a free intercourse, where evil designs and plottings, both -for mischief inside and concerted crime outside the prison, would be -fostered and encouraged? - -Apart from the organized privilege of talking, allowed to -well-conducted prisoners, there are many other ways in which their -humanity is respected--the brightening of the daily Chapel service, -with arrangements for choirs, singers, and instrumentalists taking part -in the services: weekly missions in prisons: the delivery of moral and -religious addresses by lay persons or members of religious bodies of -any denomination: weekly classes, for which prisoners can be taken from -labour, and where they may discuss among themselves selected subjects. -These classes, referred to in a later Chapter, may be composed of -'Star' and Second Division prisoners, and even ordinary Third Division -prisoners may be chosen to participate. - -Lectures, with or without magic lantern, may be arranged on lay or -sacred subjects, calculated to elevate and instruct prisoners, and -containing an undoubted moral purpose and value. - -Another innovation of recent years has been the issue to well-behaved -prisoners who have completed six months of their sentences, of -note-books and pencils, by which they are enabled in their leisure -moments, to make a special study of some particular subject, which is -likely either to be of benefit to them on discharge, or where their -prospects on discharge might be impaired by the absence of any special -means for maintaining the knowledge of any special subject which they -previously possessed. Notes also may be taken from books regularly -furnished from a well-stocked library, where such literary extracts are -deemed to be of value to a prisoner for the improvement of his mental -equipment. - -By such methods and strivings to find the 'treasure that is in the -heart of every man,' I venture to assert that there is, and has been -now for many years, what Mr. Churchill described as the "tireless -effort towards curative and regenerative processes," and this is the -test of the virtue of a prison system, as it is also the test of the -degree of humanity in the nation. - -Our prison System has, in recent years, been subjected to a very -severe test by the fact that, of necessity, penal treatment in -prison, primarily designed for the criminal class, has been applied -to thousands of individuals in no way belonging to that class, whom -it has been necessary to commit to prison under the Defence of the -Realm Acts, either as Conscientious Objectors to Military Service, or -otherwise, for the safety of the realm. It is not denied that prison -rules and regulations press hardly on men and women who, under normal -circumstances, would never have become the subject of those punitive -and repressive conditions, which are inseparable from the deprivation -of liberty by the State. It may be said generally that the restraints -of bondage were borne with courage and patience by the great majority -of those who, under the special circumstances referred to, came within -the jurisdiction of the prison Authority. To persons of refinement -and education (as many were), the many restrictions necessary for the -safe custody of criminals would naturally seem harsh, unnecessary, and -even unnatural. No doubt their experience has given an impulse to the -Prison Reformer, who, in his honourable zeal to soften the lot of the -unfortunate captive, is apt to overlook the necessity for strict rules -and regulations in dealing with a class to whose habits and instincts -he himself is a total stranger. I think that, on the whole, it may be -claimed for our Prison System that it has stood the test, and emerged -from the search-light thrown upon its inner workings, with at least the -admission that the humanities are not neglected: that it is doing its -best with the very difficult material with which it deals, to save, -encourage, and rehabilitate, when that is possible. - -But good influence in prisons, and on prisoners, is a very subtle -and mysterious thing. I remember being struck by a passage in the -life of 'John Smith of Harrow', lately published. It was as follows: -"In the conduct of school-life, it is the personal factor that works -for inspiration: no perfecting of methods or machinery can ever -replace this." This can be applied literally to prison life; and the -first and principal duty of those who administer prisons is in the -effort to secure this factor of personality in the selection of the -superintending staff, not only of the superior staff--Governors, -Chaplains, Medical Officers, and Matrons, but of all the subordinate -grades, who are in daily touch with prisoners, and who by their -conduct and bearing, and example, exercise a profound influence. We -are fortunate in this country in possessing such a staff. It is not -given to every man and woman to be capable of combining discipline with -kindness: to be at the same time firm and gentle, to be inexorable in -securing obedience, while, at the same time, adapting tone and method -to the infinite mentalities and moralities to be found in Prison. It -is not an exaggeration to say that harshness and abuse of authority -are as rare in English Prisons as instances and examples of kind and -considerate treatment are abundant; and this is the more admirable when -we consider the temptations and difficulties of the task. It is in -the upright and manly attributes of our Warder class, typical of the -English national character, that a great reforming influence is to be -found. Discipline with kindness is the watch-word of our Prison Staff, -both in the higher and the lower ranks, and I can say confidently, -having examined the condition of Prisons in many foreign countries, -that in this respect, the 'tone' of English Prisons is unrivalled. - -I have been referring so far to general reformatory influence of -the Prison régime, so far as it operates generally with regard to -adult prisoners, convicted of ordinary crime. There are two special -categories of prisoners, where in recent years a notable departure has -been made from prison regulations, in the direction of bringing to bear -all those special 'stimuli' and encouragements which appeal to any -better instincts that may be latent, and may inculcate laws of conduct -which shall protect the offender from a relapse into evil-doing. These -categories are (1) the Borstal lad, (2) the habitual offender. These -represent the opposite poles of criminality--the beginning and the end -of a criminal career. - -In the Appendix will be found the special regulations for dealing with -each, and from their perusal it will be seen that the motive power -used is in the appeal to the sense of Honour. This appeal is conducted -primarily, and necessarily, through the natural instincts which desire -comfort and rewards in ordinary human beings. They are simple enough, -but in their simplicity is their value, because they teach the homely -lesson, which the older criminal may have forgotten, and the younger -not yet learnt, _viz_:--that by good behaviour and industry, and a -proved effort to profit by the encouragement they receive, they may -pass from a lower to a higher grade, with increasing privilege and -comfort, until in the ultimate stages they are placed entirely upon -their Honour, employed in positions of trust, free from supervision, -and even outside the walls of the establishment. In this way the -re-entry into free life is facilitated: semi-liberty precedes full -liberty, and by breaking the abruptness of the change, rehabilitation -or re-settlement under normal conditions of life is achieved. - -Thus the lesson is slowly learnt that there is a reward for industry -and good conduct--not only in what can be gained in material comfort, -but that the delicate plant of self-respect, in many cases withered, -but not quite dead, can blossom again; and from self-respect follows -the respect of others, of those in authority; and after release, of -those with whom they associate in the outer world. - -Those who have watched these two movements--at Borstal and Camp -Hill--have been struck by their boldness; but in their boldness has -been their great success. The Borstal and Camp Hill experiments exactly -illustrate the true meaning of 'prison reform,' _i.e._, the building -up of character on the basis of strict discipline, obedience, and -order, tempered by progressive stages of increasing trust, liberty, -and material improvement of status. When to these influences operating -inside, while the man or woman is still in custody, is added the -ever-watchful care of a highly organized system of help and protection, -on which all can rely on discharge, if ready and willing to respond to -advice given and help offered, 'Prison reform', in the sense of the -reform of the individual prisoner, is realized in its best and most -practical way. It is not Utopian: it is a fact which can be verified -by the records of the Borstal and Central Associations, which deal on -discharge with these two special categories. It is not achieved by -newspaper articles or angry denunciation of the existing system, or -by the formulation of abstract theories concerning prison treatment. -It is achieved by "personality," inside and outside the penal -institution--personality stimulated by a lofty conception of duty to -God and man. To deny these reforming influences in English Prisons is -to misrepresent wilfully, and in ignorance of the facts, the great and -good work that is being done. - -As to the future, there seems to me to be three directions in which -those who are pressing for prison reform might usefully proceed:-- - - 1. The organization of Probation on large and well-considered national - lines. - - 2. The application of some of the principles of Preventive Detention - to our Penal Servitude system. - - 3. The co-ordination, with a view to the prevention of crime, of all - organized effort, collective and individual, now existing in this - country, and of which most of the value is wasted from the absence of - unity of aim, and of mutual co-operation. - -1. Though Probation is ancillary to the Prison System, and is closely -allied to the actual administration of justice in the Courts of law, -its method and working must be of profound interest and importance to -all who desire to find alternatives, consistent with the due assertion -of the law, to commitment to prison. This, as is so often said, should -be the last and not the first resort. Custom, routine, and the fatal -ease, and saving of trouble to all concerned, has, in the past, induced -the tendency to regard the warrant of commitment to prison as the -ordinary and only expedient for satisfying the claims of Justice. It -is only of late years that the successful operation of Probation, or -_sursis á l'exécution de la peine_ in foreign countries, and notably -in some of the States of America, has awakened a lively and growing -interest in this method of finding an alternative to imprisonment; and -here we have to steer a wise and prudent course between the Scylla of -harsh infliction of a '_peine déshonorante_' which imprisonment for a -few days really is, and the Charybdis of undue leniency. This is the -function of the Magistrate: on him depends a successful working of the -system, and he must have a deciding voice as to its application. Put -consistently with the free authority and discretion of the Court, it -ought to be possible to create a national system, for which the Lord -Chancellor, or Secretary of State, as Chief of the Magistracy, would be -responsible. I would not advise the imposition of any official system -independently of the Courts, but only that the political heads of the -Judiciary should take steps to satisfy themselves that Probation, -as a system, is working efficiently at every criminal court in the -country, before whom offenders of all ages, liable to the penalty of -imprisonment, are brought. It is the function of the Secretary of -State to take steps to satisfy himself that the Police Forces of the -country are working efficiently, without in any way interfering with -the discretion of the local Police Authority in the management of their -respective forces. This is done by a system of State-Inspection, and a -certificate of efficiency when all is reported well. The same system -might be applied to Probation. State control would only be exercised -through an Inspector-General at Whitehall, who would be assisted by -Chief Probation officers in the various judicial areas. These would -be paid by the State, and a system could be devised by which the -State granted a subsidy in aid of the salaries of the general body of -Probation officers, who would be appointed locally under regulations -approved by the Secretary of State. Such aid would be dependent, as in -the case of Police, on an annual certificate of efficiency. By such -means an admirable 'Salvage Corps' would be created. By 'Salvage' -I mean a body of devoted men and women who, from knowledge of the -character and history of individual cases, would be in a position to -furnish the Courts with information and suggestions which would enable -them to exercise a wise direction whether or not in any case Justice -would be satisfied by granting a '_sursis_', subject to satisfactory -conditions and guarantees, to the penalty of imprisonment. Such a -system would not conflict with the full authority and discretion of -the Court, and would, at the same time, prevent Justice from striking -blindly at the offender, by being in possession of material facts, -which, under the present system, are often concealed from it. - -Such a system would be a striking advance on the road of the -individualization of the offender, which is the aim and purpose of the -modern penal system in all civilized countries. - -2. The principle of Preventive Detention, which might perhaps be -extended with advantage, but with great care and prudence, to our -Penal Servitude System, is that expressed by the Advisory Committee -(Section 14 (4) of the Prevention of Crime Act, 1908, Part II), and the -provision for After-care (Section 15 of the same Act). - -Long sentences of penal servitude are now reported periodically to the -Home Office for review and consideration. Without impinging in any way -on the authority of the Court, which fixes the term of the sentence, -it might be arranged that such reports should be accompanied by a -report of an Advisory Committee, set up at each convict prison, whose -opinion would be of value to the Secretary of State in deciding whether -conditional licence under adequate safeguards could be granted, or -whether the stern penalty of a sentence of penal servitude having been -sufficiently expiated, there might be a commutation of the sentence to -the less rigorous conditions of Preventive Detention. The great success -which has attended the work of the Advisory Committee at Camp Hill -seems to justify the extension of the principle, quite consistently -with a due and exact regard for the interests of Justice and the -protection of society. - -Section 12 of the Prevention of Crime Act, 1908, gives power to the -Secretary of State to commute in certain cases to Preventive Detention. -An Advisory Committee could fitly advise as to the occasion for the -exercise of this power. - -3. In addressing the Central Committee of Aid Societies last year, -I ventured to propose the foundation of a National Society for the -Prevention of Crime. I was led to this proposal by the experience which -has come to me in watching the operation of the great network of effort -now employed in diverse capacities throughout the country, not only -in the aid of prisoners discharged from ordinary or local prisons, -but in the supervision of Borstal, Penal Servitude, and Preventive -Detention cases through the admirable machinery of the Borstal and -Central Associations. In addition to these recognised, and more or -less State-aided, instruments for dealing with the actual offender, we -have the preventive agencies for the supervision of cases discharged -from Industrial and Reformatory Schools, as well as the large field of -care and tutelage for those placed on Probation,--all these methods -for after-care and prevention are co-ordinated with the help given by -other benevolent or religious Societies, thus forming a compact whole -of altruistic effort of what is known in France as '_Patronage_', or a -National life-saving apparatus. - -My idea was to stabilize and unify all this somewhat unconnected -effort by the formation of a Central Council, on which all persons or -societies working in the field of reclamation, either of young or of -old, could be brought, so to speak, under 'one umbrella'. - -There would be Committees of such Central Council in every selected -area or district, on which would be represented the local Aid Society, -the local Probation officer, the Associate of the Borstal and Central -Associations, agents of the Reformatory and Industrial School -Department, and any local representatives for dealing with the care and -employment of the young. - -To such a body would be affiliated the associations which exist in many -parts of the country for the care of the mentally defective. - -There is a growing appreciation on the part of Magistrates, and the -public generally, of the close and often undiscovered association -between crime and mental deficiency. Steps are now being taken, -notably in the Midlands and the North of England, for establishing -a co-operation between the Police Authority, the Courts of law, and -Committees of the County Council, working under the Mental Deficiency -Act. If such co-operation could become general throughout the country, -a new and formidable 'preventive' against many acts of petty and -repeated lawlessness would be created, and there is little doubt that -many persons of both sexes who hitherto have spent their lives in and -out of Prison--the despair of the Courts, a source of perpetual trouble -to Police, and of nuisance to their neighbours, would, on inquiry, -and mental observation, be found to be 'irresponsibles', and proper -subjects for medical care, rather than the grim severity of ceaseless -and useless imprisonment. The long and mournful roll of incurable -recidivists would cease to haunt our prisons, and public places; and -under Institutional care, would, at least, be removed from evil-doing, -if they did not regain, under medical care, their opportunity for -reinstatement in normal industrious life. - -It is in these directions that I think that the hope of dealing -effectively with the ever-present criminal problem lies. Let those -who are anxious to get to the heart of this problem know that the -solution lies, not in abstract theories of so-called Prison Reform: not -in academical discussion of the best prison system to adopt: not in -the old vexed controversies of the comparative value of the cellular -or associated plan, but in patient observation of every human being, -while in the custody of the State for an infraction of its laws, -and in aiding the reconstruction of a life that has failed, by the -adoption of a system of After-care, on the lines I have described, or, -which is far better still, in endeavouring to create such a network of -preventive work throughout the land, that, as a nation, we may rejoice -in being able to feel that, at least so far as human effort can avail, -Prison, with all its consequences, shall be the last and not the first -resort, which, in the absence of well-organized preventive and curative -measures, it has too often been in the past. - - - - -CHAPTER II. - -THE PRISON COMMISSION: OFFENCES, AND PUNISHMENTS. - - -The prisons in England and Wales are divided into (_a_) Convict, and -(_b_) Local. - - (_a_) Convict Prisons were created specially to contain convicts - under sentence of transportation prior to, or in lieu of, removal - to the penal colonies, and were constituted by special Acts of - Parliament passed from time to time, which provided for their separate - administration and inspection. In 1850, they were all placed under a - Board of Directors who exercise all the powers formerly vested in the - various bodies who managed them. - - (_b_) Local Prisons.--By the Prison Act, 1877, county and borough - prisons, which formerly belonged to the local authorities, were - transferred to and vested in the Secretary of State, a permanent - Commission, not exceeding five members, being created for the purpose - of aiding the Secretary of State in carrying out the provisions of the - Act. - -In 1878, when the local prisons were thus transferred, there were, -therefore, a Board of Directors of Convict Prisons, consisting of -four members (including the Chairman) and a Board of Commissioners, -consisting of four members (including the Chairman). The then Chairman -of the Directors was appointed also Chairman of the Commissioners; -but, except to this extent, at that time no further amalgamation took -place, each class of prisons being administered separately. The two -Boards still have separate legal existence, but under the Prison Act, -1898, every Prison Commissioner is, by virtue of his Office, also a -Director of Convict Prisons. The Boards are now, in fact, if not in -law, amalgamated. - -The control of all Prisons is thus vested in a body of Commissioners, -who act subject to the control and authority of the Secretary of -State, who is himself directly responsible to Parliament for the whole -administration. - -In addition to the Convict and Local Prisons, the Commissioners are -also responsible for the administration of the Institutions established -by the Prevention of Crime Act, 1908, for dealing with:-- - -(a) young offenders, 16-21--Borstal Institutions. - -(b) habitual criminals under 'Preventive Detention.' They are also -responsible for the care and control of Habitual Inebriates sentenced -under the Act of 1898; but, as pointed out later in dealing with the -question of Inebriety, there are, at the present time, no inmates in -custody. - - * * * * * - -Offences against the criminal law can be classed generally into two -divisions--Indictable (_i.e._ tried on indictment before a Superior -Court): Summary (_i.e._ tried before a Court of Summary Jurisdiction). -The Superior Courts are (1) Assizes: (2) General Quarter Sessions. -(1) The _Assize Courts_ are itinerant criminal tribunals created by -Commission to Judges of the High Court to try prisoners presented for -trial by the grand juries for the several Counties in which the Assize -is to be held. They can try any indictable offence whatever, and are -the most important of criminal Courts of first instance. In London, a -special Court, known as the Central Criminal Court, has been created -by Statute, having the same powers as Courts of Assize, and sits -monthly. (2) _Quarter Sessions._ These are held once a Quarter, and -were originally meetings of the Justices of the Peace of a particular -County. More recently, certain cities and boroughs have obtained the -privilege of a local Court of Quarter Sessions, presided over by a -Recorder, who must be a barrister. These Courts can try all indictable -offences except such felonies as are punishable by Penal Servitude for -Life or by Death. - -Summary Justice is administered generally by Petty Sessional Courts -composed of unpaid local Magistrates, not necessarily of legal -experience, nominated by the Lord Chancellor; but in the Metropolis -and other Cities and populous places, _e.g._, Birmingham, Leeds, -Liverpool, _etc._, by paid Stipendiaries who are barristers of standing -and repute, appointed by the Crown. The great mass of petty offences -against the law is dealt with by these tribunals. Of late years, the -powers of the Summary Courts have been extended so as to include -certain indictable cases. Thus, young persons under 16, when charged -with any indictable offence whatever, except homicide, may be dealt -with summarily, subject to certain conditions; also adults, when -charged with various forms of larceny, theft, embezzlement, &c., where -the value of the property stolen does not exceed twenty pounds. - -The punishments that the Superior Courts can impose are, generally -speaking, penal servitude for grave offences, and ordinary imprisonment -for lesser offences. The special penalty of commitment to a Borstal -Institution, or to a State Inebriate Reformatory, may only be imposed -by a Superior Court. Superior Courts have, in addition, the power to -order Whipping in the case of Robbery with Violence, and of persons -deemed to be Incorrigible Rogues under the Vagrancy Act, and for -the offence of Procuration, under the Criminal Law Amendment Act, -1912. They have power also to order a person to be placed under the -Supervision of Police for a fixed period after his punishment. In the -Summary Courts the principal punishment is by fine. According to the -Judicial Statistics for 1913, fines were inflicted in about 88 per -cent. of the cases convicted for petty offences. Where a fine is not -paid, imprisonment is generally ordered to take place in satisfaction -in lieu of the fine. Out of 128,686 persons committed to Prison by -the Summary Courts in 1913-4, no less than 74,461 were imprisoned in -default of payment of fine, the amount of imprisonment being regulated -by statute in proportion to the amount of fine. Under the Criminal -Justice Administration Act, 1914, it is now obligatory on the part of -the Courts to allow time in which to pay the fine imposed. In 1918-19, -the number of persons received into prison in default of payment had -fallen enormously, only 5,264 being received, or about 2 per cent. of -the total sentenced by the Courts to pay a fine, as compared with 15 -per cent. in 1913-14. Though the maximum term which may be imposed by -Summary Courts is limited to six months, in practice the great majority -of the sentences awarded do not exceed three months. - -There are also the Juvenile Courts which deal with offenders under -sixteen, as to which particulars are given in a later chapter. - -There is power also under the Probation of Offenders Act, 1907, for -any Court (either Superior or Summary) to release an offender on -probation--the former, in lieu of imposing a sentence of imprisonment, -or in the case of the latter, without proceeding to conviction. The -offender may be discharged conditionally on entering into recognizances -to be of good behaviour, and to appear for sentence or conviction at -any time within three years. The Court may, in addition, order the -offender to pay damages for injuries, or compensation. A recognizance -under this Act may contain a condition that the offender shall be -placed under the supervision of a Probation Officer, and other -conditions may be that he shall not associate with undesirable persons, -and that he shall abstain from intoxicating liquors, and, generally, -that he shall lead an industrious life. Details as to the operation of -the law will be given in a subsequent chapter. - -Previously to 1907, there was no Court of Criminal Appeal. The general -principle had been that in criminal cases no appeal was allowed -to either party on any question of fact; the only resource for a -wrongfully convicted man was to petition the Secretary of State. A -prisoner now has an absolute right to appeal on any question of law, -and, if leave be obtained, on any question of mixed fact and law. -He also has the right to appeal against the sentence passed on him. -Neither the Crown's Prerogative of Mercy, nor the powers of the Home -Secretary to institute such inquiry as he may think fit, are affected -by the Act. - -The penalty of death is now practically restricted to cases of murder, -although permitted by law in the case of treason, and certain forms of -piracy and arson. The average number of capital sentences for the last -ten years has been 25, and of these, 13 suffered the extreme penalty of -the law. - -I propose to commence the Study of the English Prison System by a short -survey of the history of Penal Servitude,--an essential preliminary to -an understanding of the System as it exists to-day. - - - - -CHAPTER III. - -THE HISTORY OF PENAL SERVITUDE. - - -Penal Servitude was substituted for Transportation in the year 1853. -It will be necessary to trace shortly the history of Transportation, -so that the features of Penal Servitude, as they exist to-day, may be -understood. Transportation is first mentioned as a punishment under an -Act passed in the reign of Charles II, which empowered Judges to exile -for life the moss-troopers of Northumberland to any of H.M. Possessions -in America. It is stated that in the Bloody Assizes of 1685 Judge -Jeffries sent no less than 841 persons to Transportation. It appears to -have been the practice to subject these transported offenders to penal -labour, and to employ them as slaves on the estates of the planters. -An Act was passed in the reign of George I., giving to the persons -who contracted to transport a property and interest in the service of -such offenders. A great want of servants in the Colonies is one of -the reasons assigned for this mode of punishment. In spite of this, -however, many of the Colonies, especially Barbadoes, Maryland and New -York, objected to having their wants supplied by these means, and with -the War of Independence, transportation to America ceased. - -It was about this time that, under the influence of Blackstone, Howard, -and others, what was known later as the Penitentiary System for the -treatment of Crime began to be considered in England, and an Act was -passed in the year 1778 for the introduction into the Prison régime of -the three factors on which the so-called Penitentiary System rested, -_viz_:--separate confinement, hard labour, and instruction--secular and -religious. Although the System was commenced in good earnest in a few -places, _e.g._, Petworth and Gloucester, under the auspices of keen -prison reformers (at these places, the Duke of Richmond and Sir G.O. -Paul) it was not till some fifty years later that general interest was -attracted by the experiments being made in the United States, where -the rival Systems--"Cellular" and "Associated," as carried out at -Philadelphia and Auburn, respectively, have become historical. - -Although historically our Prison System may be said to date from -the Prison Act, 1778, a long, dismal history of ill-considered -administration was destined to intervene before the principles of -penal science, as now understood, obtained expression. It is probable -that the discovery of Australia by Captain Cook was the "_mésure de -circonstance_" which determined the prison history of this country for -nearly fifty years. The easy methods and means of transportation which -this great Colony afforded, relieved Parliament of the necessity of -inventing any new and wise methods for the punishment of crime. The -system instituted in 1788 for the transportation of offenders to the -Australian Colonies was regularly organized and extensively acted upon -up to 1840. It could not, however, survive the condemnation of the -Parliamentary Inquiry of 1837. It was condemned absolutely, as being -unequal, without terror to the criminal class, corrupting to both -convicts and colonists, and extravagant from the point of expense. This -condemnation of the Colonial System followed closely on another Inquiry -of the previous year into the Hulks, and the System of Imprisonment at -home. - -Transportation to New South Wales was abolished by Order in Council -in 1840, and in the case of those still transported to Van Dieman's -Land, a "progressive stage" system was instituted, under which -convicts were able to gain a succession of privileges in different -classes, terminating either in a ticket-of-leave in the Colony, or -in a conditional or absolute pardon. This plan, however, failed, as -the benefits of a gradually improving condition could not be realized -from the fact that the supply of convicts was greater than the demand, -and so they could not be absorbed when they had qualified for private -service or employment. There was no employment to prevent these men -from starving, and the Government were obliged to furnish subsidies -and work. By 1846, accounts which had been received of the moral -degradation of the convicts, crowded together in depôts, were of so -alarming and deplorable a nature, that public opinion was deeply -roused, and the two Ministers who were then responsible (Lord Grey at -the Colonial Office and Sir George Grey at the Home Office) took the -matter in hand. Transportation was stopped for two years, and it was -generally agreed that it could not be resumed on the former plan. It -was arranged that all convicts should undergo (1) a limited period -of separate confinement at home, the advantages of which as a basis -of discipline had been fully proved at Pentonville Prison: (2) that -they should then be sent to associated labour on Public Works in this -country, or at Gibraltar, and Bermuda, and (3) thence they should be -removed on Ticket-of-Leave to any Colony disposed to receive them. - -The history of Pentonville Prison is an essential guide to a clear -understanding of the actual basis of our Penal Servitude, as well as of -our ordinary Prison System. I have already stated that the Penitentiary -idea, of which the basis is separate or cellular confinement, had found -expression in an Act of Parliament of 1778, and that the idea had, -owing to many circumstances, remained obscure till it was revived in -the United States of America. In the second quarter of the last century -Mr. Crawford, an Inspector of Prisons appointed under the Prison Act, -1824, (which had again endorsed the principle, although little or no -effect was given to it) was sent to America to report on the question. -Papers drawn up by himself and Mr. Russell, also an Inspector of -Prisons for the Home District, were submitted to Parliament, and were -widely discussed. In 1837, Lord John Russell, the then Home Secretary, -issued a Circular to the Magistracy expressing his own conviction on -the efficacy of separate cellular confinement, as a means both for -the punishment of crime, and for the reformation of the offender. It -was then decided to erect Pentonville Prison as a model Prison on -the cellular plan for the purpose of practically working out a new -system of Prison discipline. The Prison was occupied in December 1842. -Commissioners were appointed to superintend the experiment, drawn from -leading members of the social and public life of the community. Two -Medical Commissioners were also appointed to watch narrowly the effect -on the health of the prisoners. The period of separate confinement was -limited to eighteen months. The Second Report of the Commissioners -expressed the opinion that the adoption of separate confinement, as -established at Pentonville Prison, promised to effect a most salutary -change in the treatment of criminals, and was well calculated to -deter, correct, and reclaim the offender; and in their Fourth Report -they stated that the Separate System was safe and efficient, and -that generally the moral results of the discipline had been most -encouraging, and were attended with a success which was without -parallel in the history of prison discipline, and that it was the only -sound basis on which a reformatory discipline could be established with -any reasonable hope of success. - -In virtue of these strong and unanimous opinions, the principle of -Separate Confinement for the first stage of Penal Servitude was -established, the period in the first instance not to exceed fifteen -or eighteen months. At the end of that period the principle of -employing convict labour on national works of importance was adopted, -as affording, in connection with the reformatory influences brought -to bear in separate confinement, the best means of training the men -to those habits of industry which would fit them to earn an honest -livelihood on discharge, either at home or abroad. The abolition of -the Hulks was at the same time decided upon. The employment of a large -body of convicts on what was called the "Public Works" System commenced -a new era in the history of Prison Administration in England. It was -a combined system applicable to all convicts: (1) a fixed period of -separate confinement: (2) employment in association on Public Works -at home for a period apportioned to the term of the sentence: (3) -disposal with a Ticket-of-Leave in the Colonies. It was ordained that -a convict "shall not pass out of the custody of the Government in the -Colony until he shall be engaged, for at least a year, for service -with some private employer. If suitable service cannot be obtained, -the convict shall be employed by Government." The condition of the -Ticket-of-Leave was that "the holder is required to remain in a -particular district, must be at his dwelling from 10 o'clock at night -to day-break, and must report himself periodically to the Police -Officer of the district." This combined system of home discipline and -colonial disposal depended for its success (1) on the character and -conduct of the convict being such, while under the discipline of a -Public Works Prison, that remission could reasonably be accorded with a -view to expatriation: (2) that the Colony should be willing to receive -convicts on Ticket-of-Leave, _i.e._, in a state of semi-liberty. In -fact, convicts were able to render themselves ready for transportation -after serving less than half the period of their sentence, _e.g._, -two years, in a seven years' sentence, two-and-three-quarters in ten -years, and so on. The claims to this remission were carefully estimated -from daily records of conduct and industry kept by the subordinate -officers. No Mark System, as now understood, was then in operation. A -system of Badges (worn on the arm of every prisoner) was the principal -incentive to good conduct. As soon as the letters "V.G." (Very Good) -were inscribed on the Badge, he became eligible for a Ticket-of-Leave. -Gratuities were also credited to well-conducted convicts for conduct -and industry, respectively. There were three degrees of conduct, -carrying 6_d._, 4_d._, and NIL per week. There were three degrees of -industry--VERY GOOD, GOOD, and NIL, carrying 9_d._, 4_d._, and NIL. - -The first prisoners were embarked from Portland in 1849. Favourable -accounts were received of their conduct from Van Dieman's Land and -Australia. The System, however, which was bearing good fruits, only -remained in operation till 1852, when Van Dieman's Land refused any -longer to be made the receptacle for the disposal of malefactors from -the Mother-Country, and the cessation of Transportation, and the -release of so many desperate characters at home, caused the gravest -apprehension in the public mind. There were at that time about 8,000 -male convicts in the Convict Prisons in England, and at Bermuda and -Gibraltar. The question arose whether the men should be released -perfectly free, as had previously been the case of thousands discharged -from the Hulks, or whether the plan of granting a Ticket-of-Leave -on a principle which had long been established in the Colonies, -should be adopted. The Penal Servitude Act, 1853, represents the -decision of Parliament on the matter. That Act substituted sentences -of Penal Servitude for those of Transportation, four years of the -one being deemed equivalent to seven years of the other; and the -Secretary of State was empowered to grant to a convict a licence to -be at large during the unexpired portion of the original sentence -of Transportation. Public opinion remained, however, restless and -dissatisfied with the discharge of so many Ticket-of-Leave holders -in the Mother-Country, and a formidable public agitation led to the -appointment of a Select Committee of the House of Commons in 1856. -The Penal Servitude Act of 1857 embodies their recommendation, -_viz_:--that the terms of Penal Servitude should be extended to a -period corresponding with former sentences of Transportation, and that -every punishment by Penal Servitude should, in addition to separate -Imprisonment and labour on Public Works, include a further period -capable of being abridged by the good conduct of the convict himself, -_i.e._, that there should be a remission of part of a sentence of -Penal Servitude in the case of those convicts whose conduct in Prison -was such as not to deprive them of the indulgence. The portion to -be remitted varied from one-sixth in the case of a three years, or -minimum, sentence, to one-third of a sentence of fifteen years and -upwards. The principal punishment for serious crime became then what it -has remained ever since, and involves a triple responsibility on the -part of the Judge who passes the sentence, the Secretary of State who -fixes the maximum amount of remission, and the Prison Authorities whose -duty it is to keep a just account of the conduct and industry which -will enable them to reckon the amount of remission to be granted. - -What has since been known as the Progressive Stage System was -introduced by regulations passed subsequently to the Act of 1857. -They prescribed a period of nine months in separate confinement, the -remaining term of the sentence being divided into three stages of -discipline, representing three equal portions of the residue of the -sentence. On passing from the first to the second Stage, prisoners were -rewarded in the way of extra gratuities, badges, etc. On arriving at -the third Stage, there was a further increase of privileges of the same -nature, and a different dress from that of ordinary convicts was worn. - -The object aimed at was to devise a useful system of progressive -reformatory discipline, based upon a nice adjustment of the elements of -hope and repression, but subject to the principle that the punishment -due to the crime is the primary object, and that, consistently with -that, no effort to reform should be neglected. - -This idea of progressive reformatory discipline had, therefore, an -entirely English origin, and was the result of the tireless efforts -made at that time by Sir Joshua Jebb, and his colleagues, to devise a -system for the punishment of serious crime in lieu of Transportation. -It retained such features of the Colonial System as it was practicable -to engraft on the system of Penal Servitude at home, although this -latter involved a longer term of detention in actual custody with -diminished prospect of employment on discharge. - -It betrays a curious ignorance of the English System that the origin -of this idea has become historically attributed to an Irish source. -Idle principle which had been established with so much care at -Pentonville and Portland was introduced into Ireland by Sir Joshua -Jebb himself, when, in consequence of the number of convicts in that -country rising from 700 to two or three thousand, he was ordered by -the Government to proceed to Dublin, and advise the Prison Authority -there with a view to the adoption of the Progressive System. The -English Rules were, as far as possible, applied at Spike Island and -at Mountjoy. In 1850, a few years later, Sir Joshua Jebb was again -ordered by the Government to proceed to Ireland, but as he was unable -to go, Captain Knight, Governor of Portsmouth Prison, took his place, -with the result that a Board of three Directors was formed, (of which -Captain Knight was a member) who entered upon their duties in 1854. -Captain Crofton, Chairman of the Board, stated in evidence before -a Committee of the House of Commons that he had followed out the -English System, and in the Report for 1855 it is stated that the -System of Progressive Classification continued to have an excellent -effect. The only difference in the Irish System was the adoption of an -Intermediate Stage before discharge followed by Police Supervision, -both the conditions having been established as elements of the -English System in the Colonies. This part of the Colonial System was -not, however, adopted in England, as the Government naturally shrank -from the great and novel responsibility of finding employment in -England for discharged convicts. Ireland, however, with its rural -and scattered population, its demand for labour, and its centralized -police, afforded facilities both for securing employment, and, with -it, police supervision, which should not be hostile, as a system of -_espionage_, but friendly in its character, and from knowledge of -local circumstances, calculated to promote the welfare of the convict. -The relatively small number of convicts in Ireland rendered easy the -introduction of the so-called Intermediate System, which was simply -the collection of the better-disposed convicts previous to their -discharge in centres under easy discipline, with a view to disposal -under favourable conditions. The strong belief which existed at the -time that the so-called Irish System was producing results which were -unprecedented was due to the economic history of the country. During -the years when the system was introduced, it happened that Ireland was -passing through a crisis without parallel in the history of Europe. -The crisis included a famine, a pestilence, an exodus, a transfer of -large areas of land to a new proprietary, and the introduction of a new -Poor Law. The population was decimated three times between 1845 and -1861. Towards the end of this period, work became plentiful, and wages -rose as much as one hundred per cent. At the same time, in England -the population was increasing, work was difficult to find, there was -no centralized police as in Ireland, and any comparison between the -results of the two Progressive Systems would have been valueless, the -conditions being so entirely different. - -Owing to an increase of serious crime in the early 'sixties, public -attention was again called to the system of punishment in force, and a -Royal Commission was appointed to enquire into the operation of the -Penal Servitude Acts. It was found that the late increase in crime -coincided in point of time with the discharge of convicts sentenced -for short terms, _i.e._, for three years under the Act of 1857; and -it was proposed that the minimum term of penal servitude should be -increased, and that longer sentences should be passed on persons guilty -of habitual crime. The Commissioners pointed also to defects in the -methods of identification: they objected to reconvicted convicts not -receiving remission, and believed that it would be more effectual to -pass long sentences on reconvicted prisoners than to remove the chief -inducement to industry and good conduct. They found fault with the -Regulations made under the Act of 1857, on the ground that they did not -indicate to convicts with sufficient clearness that remission could -only be earned as a reward for industry and conduct. They objected -to giving credit for general good conduct as well as for industry, -on the ground that the mere abstaining from misconduct gives no just -claim for reward. They advocated the adoption of the Mark System as -introduced into Australia by Captain Maconochie, and, subject to a -considerable remission of punishment earned under this system, they -were in favour of longer sentences. They came further to the opinion -that the Irish System of Police Supervision should be adopted in -England. They thought that the sentence of Penal Servitude should be -for not less than seven years, subject to the concession that the third -of a period would be remitted under the operation of the Mark System, -when the highest industry had been maintained. They were in favour of -continuing Transportation to Western Australia: they pronounced against -the high rates of gratuities which convicts in England were entitled to -receive, and regarded favourably the system by which convicts in the -Irish Intermediate Prisons, and the "road parties" in Western Australia -were allowed to spend a weekly portion of their earnings in procuring -for themselves certain indulgences. Appended to the Report of the -Commission was a Memorandum by Lord Chief Justice Cockburn, which has -become historical as laying down the principles which, in his opinion, -ought to be observed in the punishment of offenders, _viz_:-- - -"These purposes are twofold; the first, that of deterring others -exposed to similar temptations from the commission of crime; the -second, the reformation of the criminal himself. The first is the -primary and more important object: for though society has, doubtless, a -strong interest in the reformation of the criminal, and his consequent -indisposition to crime, yet the result is here confined to the -individual offender, while the effect of punishment, as deterring from -crime, extends not only to the party suffering the punishment, but to -all who may be in the habit of committing crime, or who may be tempted -to fall into it. Moreover, the reformation of the offender is in the -highest degree speculative and uncertain, and its permanency, in the -face of renewed temptation, exceedingly precarious. On the other hand, -the impression produced by suffering, inflicted as the punishment -of crime, and the fear of its repetition, are far more likely to be -lasting, and much more calculated to counteract the tendency to the -renewal of criminal habits. It is on the assumption that punishment -will have the effect of deterring from crime that its infliction can -alone be justified, its proper and legitimate purpose being not to -avenge crime but to prevent it. The experience of mankind has shown -that though crime will always exist to a certain extent, it may be kept -within given bounds by the example of punishment. This result it is -the business of the lawgiver to accomplish by annexing to each offence -the degree of punishment calculated to repress it. More than this -would be a waste of so much human suffering; but to apply less out of -consideration for the criminal is to sacrifice the interests of society -to a misplaced tenderness towards those who offend against its laws. -Wisdom and humanity, no doubt, alike suggest that if, consistently with -this primary purpose, the reformation of the criminal can be brought -about, no means should be omitted by which so desirable an end can -be achieved. But this, the subsidiary purpose of Penal Discipline, -should be kept in due subordination to its primary and principal one. -And it may well be doubted whether, in recent times, the humane and -praiseworthy desire to reform and restore the fallen criminal may not -have produced too great a tendency to forget that the protection of -society should be the first consideration of the lawgiver." - -The views of the Lord Chief Justice on the value of Police Supervision, -and Ticket-of-Leave, and the aspect from which he regarded the value of -the Irish Intermediate System attracted much attention at this time. He -stated:-- - -"Those who advocate remission, make supervision an essential element -in their system, as necessary not only for the security of the public, -but also for the protection of the convict himself when first set free -and exposed anew to temptation. But it may be questioned first, whether -supervision is practicable; secondly, whether, if practicable, it is -not more mischievous than beneficial. There can be little doubt that by -change of name, and change of locality, which, as we have just seen, -is largely resorted to for this purpose, holders of Tickets-of-Leave -can without much difficulty elude the vigilance of the police; and -no adequate means have been suggested for satisfactorily overcoming -this difficulty. But a far more serious objection arises from the -fact that, at least in this country, any supervision by the police, -or other officer appointed for the purpose, would be fatal to the -convict's chance of employment, on which his continuing in the right -course, if so disposed, so materially depends. Police supervision is -incompatible with the concealment of the man's antecedents, while, in -the great majority of instances, the well-doing of the convict must -depend on his secret being kept. Few masters would employ a man who -was known to be a convicted felon, and an equal obstacle would be -found in the disinclination of other labourers to be associated with -one thus degraded. It would seem, therefore, that if remission is to -be continued, it would be better that it should not be attended by -any attempt at supervision, the beneficial effects of which, from the -difficulty of carrying it out, are doubtful, while its mischievous -tendency, so far as relates to the welfare of the convict, is apparent. -It would seem to be better to leave the liberated convict to take -his chance of finding employment and making his way as he can, than -to fetter him with a clog which may prevent the possibility of honest -exertion." - -It was in consequence of the Report of the Commission that in 1864 an -Act was passed raising the minimum sentence of Penal Servitude from -three to five years. The Act also authorized any two or more Justices -of the Peace to exercise powers of corporal punishment for offences -against Prison discipline, hitherto vested exclusively in one of -the Directors, the Commission of 1863 having expressed the opinion -that acts of violence committed by convicts were not punished with -sufficient promptitude or severity. This measure also enacted the -principle that a convict on licence should report periodically to the -Police of the district in which he should reside, and any failure to -comply with the conditions imposed in the licence might result in its -forfeiture, and in the re-committal of the holder to Prison. - -As a result of this measure, the Progressive Stage System, through -which convicts passed on their road to remission, was further defined -and elaborated, and the Mark System as now in operation was instituted. -Every convict was required to earn by actual labour a certain number -of marks, proportioned to the length of his sentence, to enable him to -purchase, as it were, any remission of sentence, or to advance from -the lower to the higher class. Although misconduct would involve a -forfeiture of marks, the marks are allotted simply for actual industry, -as shown by the amount of work done, and are checked by the actual -measurement of the work, where such is possible. The Directors, in -their Report for 1865, comment on the introduction of the system as -follows:-- - -"The value of the Mark System when honestly administered is, that it -gives a tangible idea to the convicts of the value of their daily -labour, and our endeavour has been to impress upon them that they -must earn these marks to gain the advantages held out to them of -remission of sentence and advancement in classes. Like any other system -of recording the conduct and industry of convicts, the Mark System -requires careful watching, to prevent it from degenerating into mere -routine, and to avoid favouritism or intimidation. We have under -existing circumstances the advantage that the convicts are employed -in important Public Works, which admit of accurate measurement and -valuation; and we think the checks we have adopted are sufficient to -guarantee that whatever the convicts do earn will be earned by fair -labour accompanied by good behaviour. It is very satisfactory to us -to state, that although none of the officers of the English Convict -Prisons had any previous experience of the working of the Mark System, -which might naturally be expected to be regarded with some kind of -suspicion, its success has far exceeded our expectations. The Governors -and the subordinate officers have devoted themselves very zealously to -master the principles and details of the Mark System, and have entered -into the spirit of the measure with great zeal, and the testimony of -the Governors to the beneficial results on the labour and industry -of the convicts is very gratifying. The convicts themselves take a -lively interest in the account of their marks, which they watch with -earnestness, and fully avail themselves of the privilege of bringing -before the Directors any grievance they think they have respecting -them." - -The Mark System, as then introduced, has remained in operation ever -since, and may be regarded as the fundamental principle of the Penal -Servitude System. We have not at our disposal to-day the same amount of -"Public Work," strictly so-called, _i.e._, buildings, harbour-making, -&c., and the allocation of marks cannot be checked to the same degree -by actual measurement of work done, but the record of daily industry, -whatever the employment may be, is strictly kept. The gain or loss -of marks, either for remission or stage, constitutes the reward -or punishment lying at the root of convict discipline. As will be -explained in a later Chapter, this has been applied also to the Local -Prison System, _mutatis mutandis_, in common with many other features -in the Convict Prisons, which, previous to the Prison Act, 1877, were -alone under the direct control of the Government. - -At the same time a considerable reduction was made in the large amount -of gratuity paid to convicts, and the maximum earnable was reduced to -£3, irrespective of length of sentence, with power to grant a further -bonus of £3. - -The changes resulting from the Royal Commission of 1863, and the -Penal Servitude Act of 1864, were generally satisfactory as tested by -the number of persons sentenced to penal servitude. The Authorities -reported in 1871 that there was good reason to believe that great -progress had been made in solving the difficulty of forming an -effective system of Secondary Punishment. Although in that year -there was a considerable increase in the number of reconvictions to -penal servitude, this was due to an alteration in the law brought -about by the Habitual Criminals Act, 1869, and the Prevention of -Crimes Act, 1871, by which greater facilities were given to the -Police for the detection of habitual criminals, the proportion of -recommittals depending more on the activity of the Police and means -of identification at their disposal than on any changes in the Prison -System. The Act of 1871 provided that a person convicted a second time -on indictment might be sentenced to be subject to Police Supervision -for a number of years, not exceeding seven, after the expiration of -his sentence. During such period he is required to notify his place -of residence to the Police, and to report himself to them monthly, in -default of which he is liable to imprisonment. The Act also imposed -similar obligations and penalties on persons released from penal -servitude, and, further, if it were proved that the convict was -living dishonestly, he would be liable to be sent back to prison to -undergo the remainder of his unexpired portion of penal servitude. -The effectual supervision of a discharged convict, which resulted -from these provisions, began to show itself in an increase both in -the number of sentences to Penal Servitude and in the number of -reconvictions. In the year 1876, these latter had nearly doubled during -the past two decades, rising from 11 to 21 per cent. - -At this time it appears that some disquietude arose in the public -mind, both with regard to the alleged severity of discipline to which -Penal Servitude prisoners were subjected, and also with regard to the -contamination due to the association of all classes of convicts on -public works. There was then no classification of prisoners sentenced -to Penal Servitude, and all herded together, irrespective of age, -antecedents, and habits. This disquietude led the Directors of Convict -Prisons to suggest to the Secretary of State that an independent -inquiry should be held into the Administration of Convict Prisons, -feeling confident that any full and impartial inquiry would tend only -to establish the soundness of the principle on which the Convict System -was founded and the care with which it was administered. A Royal -Commission was accordingly appointed in 1878, with Lord Kimberley as -Chairman, and their Report marks another epoch in the history of Penal -Servitude. The Committee advised an improved system of Classification -by placing in a distinct class those against whom no previous -conviction of any kind is known to have been recorded. This was the -origin of the "Star Class" System, _i.e._, the formal separation -of the First Offender from the rest, which is one of the peculiar -features of the English Convict System. Since those days this system of -classification has been greatly improved and extended, as will be shown -later; but the "Star Class" represents the first and most practical -attempt to introduce the principle of segregation of the better from -the worse, which has since become so familiar as an essential condition -of any well organized Prison System. The Commission approved generally -of the rigour which had been introduced into the Penal Servitude System -by the Act of 1864, and subsequent Acts, which imposed and facilitated -stricter police supervision on discharge. They condemned, however, that -provision of the Act of 1864, by which seven years was made the minimum -sentence after a previous conviction for felony. They were, however, in -favour of retaining the minimum of five years for a sentence of Penal -Servitude. - -Another respect in which the Report foreshadowed the future development -of the System was the great stress laid on the importance of taking -steps to secure the inspection of Convict Prisons from time to time by -persons appointed by the Government unpaid and unconnected with the -Department. This idea was resisted in the minority Report by one of -the members of the Commission, and also by the Prison Authorities of -that day. It denotes the want of public confidence which, at a time of -awakening interest and curiosity in the administration, was sure to -arise from a system of control which was vested in a close bureaucracy, -such as almost from necessity, having regard to the history of the -case, existed at that time for the management of Convict Prisons. -It was nearly twenty years later that the principle, not only of -unofficial visitation and inspection, but of actual co-operation in the -government of Convict Prisons, was recognized by the Prison Act of 1898. - -The succeeding ten years were marked by a remarkable fall in the number -of sentences to Penal Servitude. The average yearly numbers, which -for the five years ended 1864 had been 2,800, fell to 729 in 1890, or -about two per 100,000 of the population,--a point at which it remained -for many years; but during the last five years it has fallen to the -lowest on record, _viz_:--·9 representing only 340 committals during -the year. In 1891 an Act was passed reducing the minimum period of -Penal Servitude from five years to three, and various minor alterations -in the law affecting the practice of licensing convicts were also -made; thus, convicts were allowed to earn marks during the nine months -of separate confinement (with which each sentence commenced) in the -same way as during the remainder of their sentence, so that the -maximum remission to be earned is exactly one-fourth part of the whole -sentence: also convicts serving remanets of former sentences became -able to earn marks under remanets in the same manner as under original -sentences. The same Act also gave power to the Secretary of State to -remit the requirements as to reporting to Police on discharge. - - - - -CHAPTER IV. - -PENAL SERVITUDE TO-DAY. - - -Three years later the principles of Prison treatment, as prescribed -by law for all Prisons, Local and Convict, were made the subject of -a fierce indictment in the public press. Criticism was directed, -not only against the principles of administration, but even against -the _personnel_ of the administering authority. An inquiry, which -was ordered by the Secretary of State, had reference mainly to the -administration of Local Prisons which had been taken over by the -Government in 1877, and were administered by a Board of Commissioners, -distinct from the body of Directors, but it also called in question -the principle of a long period of separate confinement which had for -many years been the preliminary stage of a sentence of Penal Servitude. -It also considered the question of offences committed by Habitual -Criminals, whether in Local or in Convict Prisons, and offered the -opinion that a new form of sentence should be placed at the disposal of -Judges, by which such offenders might be segregated for long periods of -detention under conditions differing from those either of Imprisonment -or Penal Servitude. - -The changes that have taken place in the Penal Servitude System since -that date have been far-reaching and important. - -1. The Progressive Stage System has been recast with the object of -increasing the inducements to good conduct and industry in each Stage, -and to bring the benefits of the System within the reach of the great -majority of convicts who, by the shorter sentence of three years, -under the operation of the Act of 1891, were excluded from them. At -this time no convict whose sentence was less than six years, and -who, after deducting one-fourth remission of sentence allowed to -all convicts, _was not more than four years in Prison_, could fully -profit by the System, and thus two-thirds of the convict population -were not in Prison for a sufficiently long time to be really subject -to the benefits which the Stage System offers. Only one-fourth just -got beyond the Second Stage, while one-third did not reach the Fourth -Stage, and none of these could reach the "Special" Class, which, with -the privileges it entails, may be regarded as the principal reward -which the Penal Servitude System affords. A convict in this Class earns -a special remission of one week and extra gratuity, wears a special -dress, and is eligible for special employment in positions of trust. -The wisdom and value of the system consists in its adaptation to each -period of sentence, so that it may be within the reach of each convict -who works hard and behaves well to gain privileges. - -2. Another serious defect in the Penal Servitude system at that time -was insufficient classification. There was no classification except -that of the "Star Class" as already described. The object of the "Star -Class" was to segregate prisoners not previously convicted and not -habitual criminals from those versed in crime. There were only 370 -convicts out of a total of nearly 3,000, or not much more than one in -ten, eligible for the "Star Class." The others were a heterogeneous -mass, who, although not considered eligible for the exclusive caste -of "Stars," yet, in age, character, and antecedents differed greatly. -To meet this, convicts are now divided into (_a_) the Star Class; -(_b_) the Intermediate Class; and (_c_) the Recidivist Class--each -class being, as far as practicable, kept apart by themselves, and not -allowed to associate with convicts of the other classes. (_a_) _The -Star Class._--Any convict may be eligible for this class who has never -been previously convicted, or who is not habitually criminal or of -corrupt habits. Convicts in this class may be liable to be removed to -the Intermediate Class if found to exercise a bad influence over other -convicts; (_b_) _The Intermediate Class._--Any convict may be placed in -this class who has not been previously convicted, but who, owing to his -general character and antecedents, is not considered by the Directors -to be suitable for the Star Class; or whose record shows that he has -been previously convicted, but not of such grave or persistent crime -as would bring him within the Recidivist Class. Convicts in this Class -may be promoted to the Star Class on their showing proof of a reformed -character, or they may be reduced to the Recidivist Class if they are -known to be exercising a bad influence over other convicts. (_c_) _The -Recidivist Class._--Any convict may be placed in this class who has -been previously sentenced to Penal Servitude or whose record shows that -he has been guilty of grave or persistent crime; or whose licence, -under a sentence of Penal Servitude, has been revoked or forfeited. -There is also a separate classification of convicts sentenced to Penal -Servitude who, on conviction, are under the age of 21 years. - -If under the age of eighteen, they may be sent by order of the -Secretary of State to a specially selected Prison for treatment under -the Rules for Juvenile-Adult prisoners. To those that remain in a -convict prison, the principles of Borstal treatment are applied as far -as practicable. - -A new category of convicts was also established known as the Long -Sentence Division, _i.e._, convicts sentenced to 8 years or more, and -who had served more than five years under ordinary rules. These men -are specially located: they wear a special dress, earn gratuity, and -may purchase articles of comfort or relaxation. The rules provide for -meals in association, and for conversation at exercise and meals; and, -latterly, a still further category has been established known as the -"Aged Convicts" Division, in which a convict may be placed when it is -clear from his advanced age, and the length of the sentence remaining -to be served, that (1) he is physically feeble and not dangerous, -and (2) that he has little prospect of surviving the sentence in -confinement. Subject to good conduct, a prisoner in this class is free, -as far as possible, from all penal conditions. - -One of the recommendations of the Penal Servitude Commission of 1879 -was that Weakminded Convicts should be concentrated in special Prisons, -and placed in charge of specially selected officers. The medical -evidence given before the Prisons Committee of 1895 was in favour of a -more effective concentration than had hitherto been carried out. Since -1897, all male convicts whose mental condition was considered doubtful -or defective have been transferred to Parkhurst Prison. The numbers -in this class increased, and the experience gained by the methods -adopted for their treatment enabled the Directors in 1901 to formulate -special regulations for their treatment. These regulations are of a -wide and general character, and admit of an elasticity of treatment -for the varying types classed as "weakminded"; at the same time they -ensure that the departure from the rules and routine applicable to -ordinary prisoners shall be minimised as far as possible, so that any -marked difference of treatment should not operate as an inducement -to malingering. A similar class for weakminded female convicts was -commenced at Aylesbury Prison in 1906. - -3. The period of Separate Confinement which, from the earliest days, -had preceded a sentence of Transportation or Penal Servitude, has, -during recent years, been the subject of much consideration. The -Separate System for convicts, as already explained, owes its origin -to a letter addressed in 1842 by the then Home Secretary, Sir James -Graham, to the Commissioners of Pentonville Prison. It was the -success realized at Pentonville in the early 'forties which has made -Separate Confinement part of the sentence of Penal Servitude in this -country from that day to this. When Transportation ceased, and with -it the system of selecting particular convicts, young and not versed -in crime, to undergo the Pentonville experiment with the hope and -prospect of freedom after eighteen months in a foreign but congenial -clime, the "System" still remained, but without the conditions which -had contributed to its success in the first instance. It seems that in -fact the _penal_ and _deterrent_, rather than the _reformatory_ value, -came gradually to be regarded as its basis and justification. It was -applied to _all_ convicts, irrespective of age and antecedents. In 1853 -the period was reduced from eighteen months to nine months. It appears -that the former period of eighteen months was the subject of severe -criticism and of great prejudice by those who formed their opinion on -rumours very prevalent at the beginning of the last century with regard -to the effect of the so-called "solitary" system as carried out in the -United States, with the accompaniments of darkness, absolute solitude, -absence of any employment, and unwholesome sanitary conditions. On -the other hand, an extensive experience had been gained in Local -Prisons, where cellular separation was already in force previously to -the Act of 1865, and had become in many Prisons the regular method of -executing a sentence of imprisonment up to two years. This strengthened -the position of those who argued that strict separation for eighteen -months could be carried out without disadvantageous results, on the -condition that prisoners were supplied with occupation and employment, -kept in physically healthy circumstances, and separated, not from all -other human beings, but only from each other. The nine months' period -seems to have been adopted as a sort of compromise with the prejudices -above referred to; and it had this further advantage--that by its -adoption, the expense of having to provide accommodation for _all_ -convicts during separate confinement was greatly reduced, as twice the -number could be passed through this Stage under the limitation of nine -months. The penal or deterrent purpose of Separate Confinement for -convicts was, no doubt, greatly intensified by the Report of the Royal -Commission of 1868. That Commission reported as follows:-- - -"The separate confinement to which convicts sentenced to Penal -Servitude are, in the first instance, subjected, seems to be regarded -with great dislike by most of them, and especially by those who are -criminals by profession. It appears that owing to the want of room -in the prisons for separate confinement, and the demand for labour -on Public Works at Portland and Chatham, the period of separate -confinement, during the last year, has fallen so short of the nine -months prescribed by the regulations, that the average has been only -seven months and twenty days. Arrangements ought at once to be made for -remedying this. We are of opinion that convicts ought to be kept in -separate confinement for the full period of nine months, except in the -case of prisoners who are found unable to undergo it so long without -serious injury to their bodily or mental health. No considerations of -expense, whether connected with the necessity for additional buildings, -or with the loss of the labour of the convicts, ought to be allowed -to prevent this stage of punishment from being continued for the time -prescribed by the regulations. We think, too, that though separate -confinement, even under the present system, is, as has been said, -extremely distasteful to convicts, this wholesome effect on their minds -might be increased. It has been already mentioned that in Ireland the -diet is lower during the first four months, and that no work is given -to the prisoners for the first three months, except such as is of a -simple and monotonous character, in which they require little or no -instruction. This practice has been adopted because it has been found -that by far the greater number of convicts have no knowledge of any -trade, and when first taught one must necessarily be constantly visited -by their Instructor, whose visits tend to mitigate the irksomeness -of separate confinement. There appears to us to be much force in the -reasons which induced the Directors of the Irish Convict Prisons to -adopt these means for rendering separate Imprisonment more formidable, -and we therefore recommend that attempts should be made with due -caution to give a more deterrent character to separate Imprisonment in -the English Prisons." - -The Report of the Directors for 1863 shows that steps were at once -taken to enforce rigidly this stage of punishment. Fixed wooden -beds were substituted for hammocks; the assembling of convicts for -education in classes was discontinued, and the cell doors, which had -been formerly opened after two months, were kept bolted during the -whole period of separate confinement. The Governor and Chaplain of -Millbank both reported that these changes had been attended with a -visible improvement in the bearing and demeanour of the prisoners. -The Directors stated that their object was to render this stage of -punishment as _deterrent_ as possible; to habituate convicts to habits -of order and obedience preparatory to their going on Public Works, and, -at the same time, to avail themselves of this opportunity to educate -by means of cellular instruction. - -The great fall in the convict population which was taking place at this -time, and continued during succeeding years (the fall between 1854 and -1874 was from 15,000 to less than 9,000) led the Directors in 1873 to -attribute this remarkable decrease to the severe system which had been -established. They say:--"Whatever may be the causes which combine to -produce an increase or decrease of crime, this system of punishment -is certainly one of them, and the records of past Commissions of -Inquiry show that an increase of crime has generally been attributed -principally to defects in the Prison System. If punishment alone is not -to be relied on to diminish crime, it is certainly one of the means of -doing so, and it should be carried out so as to make imprisonment a -terror to evil-doers, as well as the means of bringing those subject to -it into better habits of mind by placing them under the influences to -which they would not ordinarily be subject." - -The last expression of public opinion on the point is in the Report of -the Committee of 1895. It was recognized that the purpose served by -the System was to give a more deterrent character to the sentence of -Penal Servitude. The practice of serving this period in Local Prisons -was regarded with disfavour; and it was suggested that the severity -of the System might be mitigated by a substantial reduction in the -period of separation, and by the introduction of such reformatory -influences as were brought to bear on convicts at Pentonville under -the original system. Soon after that date, there was a reduction in -the period for "Star" Class and "Intermediates," _viz_:--three and -six months, respectively, but nine months still remained for men -in the "Recidivist" Class. In 1909 the whole question of separate -confinement again came under review, when it was agreed that a short -period of separate confinement was a proper preliminary of a sentence -of penal servitude, in the same way as it is of an ordinary sentence of -imprisonment with "hard labour." It was regarded that to send convicts -direct to Convict Prisons from the outer world, fresh from a criminal -and disorderly life, to associate with those whom discipline had -sobered, and, possibly, improved, would be fraught with evil; and that -there would be a constant introduction of newcomers from the outer -world with fresh news and incidents, causing general unrest in Convict -Prisons. It would give to the "old lag" what he most desires,--a -prompt renewal of association with his old companions, while to the -less criminal man it would be an intolerable suffering to be placed at -once in association at Public Works. After the fullest consideration, -the Commissioners advised that a change be made both in the duration -of the period of separate confinement for convicts, and in the method -of its execution. The Commissioners recognised that the difference of -the periods, three, six, and nine months served, respectively, by the -"Star," "Intermediate," and "Recidivist" Classes under the Rules then -in force, emphasized in a way which it might not be easy to defend, -the penal or deterrent effect of Separate Confinement. It was thought -simpler and more defensible to rest the Penal Servitude System on the -analogy furnished by the Local Prison Code, where a month's cellular -confinement precedes an ordinary sentence of Hard Labour, and that, by -analogy, three months' cellular confinement might be deemed a fitting -prelude to a sentence of Penal Servitude. Eventually, however, it -was decided that three months should be the period for "Recidivists" -only, and that the period for the convicts classed as "Star" and -"Intermediate" should be for one month, subject, of course, in every -case to medical advice, having regard to the convict's mental and -physical condition. - -4. The Prison Act of 1898 effected far-reaching changes in the Convict -System. (_a_) It placed the control of Local and Convict Prisons under -one Board: (_b_) It gave power to the Secretary of State to make -Rules for the government of Convict and Local Prisons, subject to -Parliamentary sanction, so that henceforth the whole Prison Code has -Parliamentary sanction, and can be altered at any time by Parliamentary -rule without the necessity for fresh legislation: (_c_) A Board of -independent Visitors was established for every Convict Prison with -judicial powers analogous to those exercised by Visiting Committees of -Local Prisons: (_d_) Corporal punishment for offences against prison -discipline, which had hitherto been ordered by one of the Directors for -any serious offence, was limited by this Act to cases of gross personal -violence to an officer of the Prison, and to acts of mutiny. Such cases -are reported to the Board of Visitors and determined by them, subject -to confirmation by the Secretary of State. These provisions of the Act -of 1898 have been attended with remarkable success. Constant criticism, -which for many years had been directed against the System, has been -silenced. It is no longer contended that secret tribunals administer -unauthorized floggings, or that what goes on in Convict Prisons is -concealed from the light of day, without the opportunity of free and -independent inspection and inquiry. Floggings in Convict Prisons, -without any apparent effect on order or discipline, which, prior to -1896-7, averaged about thirty yearly, have gradually diminished, until, -for the past five years, the average has been less than two--and, at -the same time, offences against discipline amongst males have fallen, -only 21.7 per cent, last year incurring punishment, as compared with 31 -per cent, in 1896-7. The whole character of the administration has been -largely affected by this important Act, and the gloom and the mystery -which was popularly supposed to envelope the Convict System has largely -disappeared, and greater public confidence in the administration has -taken its place. - -Penal Servitude is the same in its essential features for men as for -women, except that the latter under the Progressive Stage System are -able to earn marks entitling them to a maximum remission of one-third, -and, in certain cases, are eligible to be sent to a Refuge under -conditional licence for the last nine months of their sentence. The -number of female convicts in the country has been steadily falling. -Since the Penal Servitude Act of 1864 the number received has decreased -from 468 in that year to an average of about 38 annually. Towards the -end of 1918, in view of the increasing number of young women committed -to the Borstal Institution at Aylesbury, the Convict Prison there was -closed, and a wing of Liverpool Prison has been temporarily set apart -for women sentenced to penal servitude. - -The System pursued for rendering aid to discharged convicts, and the -means taken for their rehabilitation will be dealt with in a subsequent -Chapter. - - - - -CHAPTER V. - -PREVENTIVE DETENTION. - - -Preventive Detention is the name given to a form of custody, provided -by the Prevention of Crime Act, 1908, for the protection of the -public from the Habitual Criminal. The Judge has the power of passing -a sentence of penal servitude for the particular crime charged in -the indictment, and to pass a _further_ sentence ordering, from the -determination of the sentence of penal servitude, that the prisoner -shall be detained for a period not exceeding ten years in Preventive -Detention. Such a sentence cannot be passed unless the jury finds on -evidence that the offender is an "Habitual Criminal", that is to say, -that since the age of 16 he has been at least three times previously -convicted of crime, and that he is persistently leading a dishonest or -criminal life. During the public inquiry into Prison administration -of 1894 the question had been raised whether a new form of sentence -should not be placed at the disposal of the judges for dealing with -persons convicted of "professional" crime. The word "professional" is -used in a technical sense to denote men whose Penal Records show that -they have lived systematically by thieving and robbery, and that their -acquisitive instincts have not been controlled by the fear and example -of punishment. It appears from a census of the convict population of -1901 that of the total convict population of 2,879, no less than 1,342 -had been previously sentenced to penal servitude or to three or more -terms for serious crime involving sentences of six months and over. Of -these, no less than 1,213 were convicted of offences against property, -and it is interesting to observe that as we descend from the best to -the worst, there is a proportionate increase of crime against property, -until it can be almost said that the "professional" criminal as defined -constitutes a separate and peculiar class which demands a special and -peculiar treatment. As stated in the volume of Judicial Statistics for -1897, "It is a fact that has to be faced that neither penal servitude -nor imprisonment serves to deter this class of offender from returning -to crime. His crime is not due to special causes such as sudden -passion, drunkenness, or temporary distress, but to a settled intention -to gain a living by dishonesty." It was proposed in 1903 to set up -in Convict Prisons a "Habitual Offenders" Division, and that Courts, -when satisfied that a person convicted on indictment of an offence -punishable by penal servitude after more than two previous convictions -on indictment, was leading a persistently dishonest or criminal life, -and that it was expedient for the protection of the public that he -should be kept in detention for a term of years, should have power, -after passing a sentence of penal servitude for not less than seven -years, to order that he should pass a certain period of his sentence in -the Habitual Offenders' Division. - -The object of the Bill was to make better provision for dealing with -persons who habitually lead a life of crime. In a Memorandum explaining -the Bill it was stated that "in the case of such persons, a sentence -of imprisonment has neither a deterrent nor a reformatory effect, and -in the interest of society, the only thing to be done with them is to -segregate them from society for a long period of time. It may not be -necessary, during that period of time, that their punishment should -be a severe one. All that is wanted is that they should be under -discipline and compulsorily segregated from the outside world. In the -case of a conviction for a small offence, _e.g._, stealing a pair of -boots, both judges and public opinion would be averse to the passing of -a long sentence of penal servitude, such as would be appropriate to a -grave crime, however notorious an evil liver the offender may be. The -new prison rules have created a new Division of long term convicts, -for whom the ordinary convict discipline will be greatly mitigated, -and this Bill authorizes judges to relegate habitual offenders, after -a brief period of punishment, to that Division, and thereby seeks to -encourage in appropriate cases the passing of long, as opposed to -severe, sentences." The project, however, did not pass into law, and -it was not till five years later, in 1908, that Parliament enacted -the very important Statute establishing a system of what is known as -"Preventive Detention," it being deemed expedient for the protection -of the public that where an offender is found by the Court to be a -habitual criminal, the Court should have power to pass a special -sentence ordering that, on the determination of sentence of penal -servitude, he may be detained for a period not exceeding ten nor less -than five years, under a system known as that of "Preventive Detention." - -In laying before Parliament the Rules for carrying out the Act, the -Secretary of State, Mr. Churchill, stated:-- - -"Only the great need of society to be secured from professional or -dangerous criminals can justify the prolongation of the ordinary -sentences of penal servitude by the addition of such Preventive -Detention. It appears a matter of much importance that this should -be clearly understood, and that the idea should not grow up that -Preventive Detention affords a pleasant and easy asylum for persons -whose moral weakness or defective education has rendered them merely a -nuisance to society. The Secretary of State is satisfied that no case -has been established, either from the statistics of crime or otherwise, -for an increase in the general severity of the criminal code, and -certainly no increase of general severity was within the intention of -Lord Gladstone in proposing, or the House of Commons in passing, the -Prevention of Crime Act. On the contrary, it was intended to introduce -such mitigation into the conditions of convict life as would allow the -longer detention of those persons only who are professional criminals -engaged in the more serious forms of crime. This is indicated in the -Act by the fact that Preventive Detention cannot be imposed except for -a crime of such a character that it has justified the passing of a -sentence of penal servitude. It was, moreover, repeatedly stated by -Lord Gladstone in the course of the debates that the Bill was devised -for 'the advanced dangerous criminal,' for 'the persistent dangerous -criminal,' for 'the most hardened criminals': its object was 'to give -the State effective control over dangerous offenders': it was not -to be applied to persons who were 'a nuisance rather than a danger -to society,' or to the 'much larger class of those who were partly -vagrants, partly criminals, and who were to a large extent mentally -deficient.' On the 12th June 1908, he explained to the House of Commons -that the intention was to deal not with mere habituals but with -professionals: 'For sixty per cent the present system was sufficiently -deterrent, but for the professional class it was inadequate. There -was a distinction well known to criminologists between habituals and -professionals. Habituals were men who drop into crime from their -surroundings or physical disability, or mental deficiency, rather -than from any active intention to plunder their fellow creatures or -from being criminals for the sake of crime. The professionals were -the men with an object, sound in mind--so far as a criminal could be -sound in mind--and in body, competent, often highly skilled, and who -deliberately, with their eyes open, preferred a life of crime, and knew -all the tricks and turns and manœuvres necessary for that life. It was -with that class that the Bill would deal.' Although, therefore, the -term 'habitual' is used, it is clear that not all habituals but only -the professional class is aimed at by the Act, which not only restricts -the use of Preventive Detention to those already found deserving of -three years' penal servitude, but provides many safeguards against the -too easy use of the new form of punishment." - -A new Prison for the reception of these cases has been constructed at -Camp Hill in the Isle of Wight, where it has been possible to secure -not only an admirable site, with sufficient ground for cultivation, -and for additional buildings, if necessary, but a locality which, -from the point of view of climate and salubrity, and opportunity for -agricultural work of a severe nature, is well adapted for the custody -and treatment of a new class of prisoner, for whom, in conformity -with the words of the Act, it has been necessary to devise a treatment -which, while subject generally to the law of penal servitude, shall -admit of such modification in the direction of a less rigorous -treatment as may be prescribed; while, at the same time, they shall be -subjected to such disciplinary and reformative influences, and shall -be employed on such work as may be best fitted to make them able and -willing to earn an honest livelihood on discharge. The rules made, -attempt to follow, with as much precision as possible, the prescription -of the Act, which, it will be recognized, does not admit of a simple -or easy solution. They have been framed generally with a view that, -consistently with discipline and safe custody, there should be a -considerable modification of the severer aspects of a sentence of -penal servitude. Promotion from the ordinary to the special grade is -earned by good conduct and industry, as in penal servitude, but certain -privileges, such as association at meals, and in the evenings, smoking, -newspapers and magazines, &c., can be earned, as well as a small wage, -not exceeding threepence a day, part of which can be expended on the -purchase of articles of comfort from the canteen. Special provision has -recently been made for the location in what are called "Parole lines," -of such men as are, in the opinion of the authorities, qualifying for -conditional discharge. The rules permit a considerable relaxation of -discipline and supervision, so that each man may be tested as to his -fitness for re-entry into free life. - -It would, perhaps, in any case, have been impossible to have given a -definite opinion on the value of the system until a longer period of -time had elapsed. Such a judgment is rendered more difficult by the -fact that the operation and effect of the System has been, of course, -greatly affected by the intervention of the Great War. However, reports -of the Central Association, to whose care these men are entrusted -after release on conditional licence, and the reports of the Advisory -Committee (an unpaid body unconnected with official administration -appointed by the Secretary of State, under the Act, to advise him when, -in their opinion, conditional liberation may be opportune without -danger to the community, and _with reasonable possibility of good -behaviour_), furnish material on which an estimate may be formed, both -as to the future working and the success of the system. - -Since the Act came into operation on the 1st August 1909, 577 persons -have been sentenced to Preventive Detention. Of 389 cases released, -no fewer than 325, or 84 per cent., were considered sufficiently -promising to be released on licence, while of the remaining 64 who -served their whole sentence of Preventive Detention, many were mentally -or physically deficient. Of the 389 cases, the Central Association has -recently reported that no unsatisfactory report has been received in -the case of 210, or 54 per cent. - -The singular success of the Central Association in dealing with these -cases on discharge, representing, as they do, the worst and most -dangerous class in the community, naturally suggests reflection as to -the comparative merits of the systems of licensing on discharge from -Penal Servitude and Preventive Detention, respectively. Under the Penal -Servitude system, a convict can, by industry and good conduct, reduce -his sentence by as much as one-fourth. On discharge he remains, during -the unexpired portion of his sentence, under a licence which compels -him to report his place of residence to the Police of the district, -and to notify them of his intention to remove, and of his arrival in -a new district, and to report to the Police once a month. A prisoner -under Preventive Detention remains in custody only until the Advisory -Committee are able to report that, if licensed, there is a reasonable -probability of his abstaining from crime; but he is licensed, not to -the Police Authorities, but to the Central Association--a voluntary -Association subsidized by the Government for the after-care of -convicts. The form of licence is quite different from that used on -discharge from Penal Servitude, and compels a man to proceed to an -approved place, not to move from that place without permission, to be -punctual and regular in attendance at work, and to lead a sober and -industrious life to the satisfaction of the Association. The Police -licence may be described as negative in character, _viz_:--it only -prescribes that a man shall abstain from crime. The licence to the -Central Association is positive, as prescribing that, under careful -and kindly shepherding and supervision, a man shall actually work where -work is found for him, and shall remain at work under the penalty of -report for failing to observe the conditions of licence. The difference -between the negative and positive forms of licence has been the subject -of much discussion in the United States of America, where the English -methods, as prescribed by the Penal Servitude Acts of last century, -have been ruled out of court by a strong public opinion, which insists -that for many of the crimes for which men are sentenced to Penal -Servitude, it is neither necessary nor reasonable to inflict a long -period of segregation under severe penal conditions. It is felt there, -as it is by many people in this country, that a comparatively short -period, followed by discharge on _positive_ licence, with liability to -forfeiture on relapse, would restore many men to normal conditions of -life before the habit of hard work had been blunted by imprisonment, -and family and other ties broken, and would save large sums of public -money now spent on imprisonment. - -The application of the principle of Preventive Detention to our -Penal Servitude System would, of course, involve the question of the -Indeterminate Sentence. That opinion is hardening in the direction of -some such system in lieu of Penal Servitude is demonstrated by the -fact that at the last International Congress in Washington in 1910, a -resolution in favour of the Indeterminate Sentence, as a punishment for -grave crime, was carried unanimously by delegates representing most of -the countries of Europe and of the civilised world. - -The successful working depends almost entirely on the capacity and -discretion of the Advisory Committee, appointed under Section 14(4) -of the Act of 1908, and what success has been attained is due to the -care taken by the Committee in the investigation of each individual -case, and in the suggestions offered to guide the Secretary of State -in deciding the question of conditional release. By the death of Sir -Edward Clayton, Chairman of this Committee since 1914, a great public -loss has been sustained. He devoted himself during the latter years -of his life with untiring energy to the duties of this office, for -which he was pre-eminently qualified by his long experience in prison -administration, as well as by largeness of view and understanding of -the criminal problem. From the elaborate Memorandum which he wrote -shortly before his death, it appears that his experience at Camp -Hill made him a strong advocate of the Indeterminate Sentence, and -he feared that the fixing of a definite limit, irrespective of a -man's reformation, may defeat eventually the intention of the Act. -The intention of the Act was, it will be remembered, primarily that -there should be no fixed limit of detention, but Parliament thought -otherwise, and the present limit of ten years, with a minimum of five, -was decided upon. - -Sir Edward Clayton was succeeded by Mr. Arthur Andrews, J.P., as -Chairman of this Committee. Mr. Andrews has devoted himself for many -years with great zeal to the functions of the Committee over which -he now presides. He has lately reported to the effect that, in the -opinion of the Advisory Committee, after reviewing the history of the -Scheme since its inception in 1912, "it is an unqualified success." -They consider the Scheme, as now applied, "is highly satisfactory, and -productive of the best results; and that great credit is due to all -concerned in its administration. The reformative influence of Camp Hill -and the Parole Line System deserve commendation, and the fact that none -of the 175 prisoners who have been located in the Parole Line Cabins -made any attempt to break parole, and that it has only been necessary -to remove three for misconduct, testifies to the success of the plan -which provides a stepping-stone from imprisonment to liberty." - -"The Committee also desire to make special reference to the work of -the Central Association, and to the excellent system of providing -employment and keeping in touch with the men under their supervision. -The success of the Preventive Detention Scheme is greatly due to the -exhaustive efforts of the officials of the Association." - -On reviewing and comparing the figures afforded by the Central -Association's Reports, there can be little doubt that Preventive -Detention, as a supplement to our penal system, has, so far, yielded -much more favourable results than could have been originally expected. -The Committee recognise that the high proportion of successes is -probably, to a considerable extent, attributable to the war, inasmuch -as the Army provided a wide field of employment, and the labour market -offered almost unlimited work for both skilled and unskilled men. -As a result, many habitual criminals have renounced their criminal -tendencies in favour of honest work, and those who have joined the Army -are there the subjects of a disciplinary organisation which is probably -an important factor in their reformation. - -There is, of course, an element of doubt as to whether all these men -would have abstained from crime in a normal environment, but the manner -in which they responded to their country's call indisputably proves -that in the worst of criminals there is a latent moral strain which can -be brought to the surface under favourable conditions; and, moreover, -the splendid example afforded by those who acquitted themselves so well -has probably a more far-reaching effect on their late fellow prisoners -at Camp Hill than is apparent. - -These facts certainly justify the hope that a successful attempt -has been inaugurated for dealing with the problem of Habitual Crime -and of Recidivism. As an additional security that the great powers -vested in the judge may not be appealed to lightly, and without the -fullest consideration, the Act provides that the consent of the -Director of Public Prosecutions must be obtained before a charge -for dealing with a prisoner as an Habitual Criminal can be inserted -in the indictment. This is sufficient guarantee that the intention -of Parliament, _viz_:-that the somewhat drastic provision, by which -the offender guilty of a grave crime can, after expiating a sentence -of penal servitude for that offence, be deprived of his liberty for -another period of ten years in the general interest, and for the -protection of society, shall not be applied to persons who, as stated -in Mr. Churchill's Memorandum, are "a nuisance rather than a danger to -society, or to the much larger class of those who are partly vagrants, -partly criminals, or who are, to a large extent, mentally deficient." -In other words, it must be clearly understood that this defensive power -is not meant to be used as a protection against Recidivism in petty -offences. It does not touch that large army of habitual vagrants, -drunkards, or offenders against bye-laws and Police Regulations, who -figure so largely in the ordinary prison population. It is a weapon of -defence to be used only where there is a danger to the community from -a professed doer of anti-social acts being at large, and reverting -cynically on discharge from prison to a repetition of predatory action -or violent conduct. Used in this way, with caution, it is, I think, -an invaluable instrument for social defence. It has remained rusty -during the war, only 80 having been sentenced under the Act during the -last four years; but it remains ready for application in the event of -the recrudescence of grave habitual crime, and it is earnestly to be -desired that both Judicial and Police Authority may make use of the -great powers conferred upon them by the Act to relieve society, at -least for a time, of those who are its professed enemies. The Act also -applies to women, but only eleven have been sentenced to Preventive -Detention since the Act came into force, and at present there are none -in custody. - - - - -CHAPTER VI. - -IMPRISONMENT. - - -Under the Common Law all gaols belonged to the King and by 5 Henry 4. -c. 10, it was enacted that none should be imprisoned by any justice -of the peace, but only in the "Common Gaol," saving the franchises of -those who have gaols. Except in special cases the gaols were under -the control of the sheriff, but the gaols which great noblemen and -bishops were allowed to maintain must have been governed by these -dignitaries, while the gaols which towns, liberties, or other bodies, -having no sheriffs, were empowered by charter or otherwise to keep, -must have been under the governing authorities of those bodies. By the -39th Eliz., another place of imprisonment was established for certain -classes of offenders, under the name of "House of Correction," and 7 -James 1. c. 4, directs that, in every county, such a house should be -established, and means provided for setting rogues and idle persons -to work. These establishments were under the justices. The custom -gradually grew up of committing criminals of all classes to Houses of -Correction, and was legalized by 6 Geo. 1. c. 19 and 5 & 6 Will. 4. c. -38. s. 3, by which latter Act even sentence of death might be carried -out at these places; but debtors could still be committed only to the -Gaol and vagrants only to the House of Correction; and though it became -common to unite the two buildings under one roof, with one governing -staff, the two superior jurisdictions of the sheriff and the justices -over what was virtually one establishment were still maintained. - -The title "House of Correction" was subsequently abolished by the -Prison Act, 1865, and since that date "Local Prison" has been the -official designation of the place of detention of persons sentenced -to imprisonment. A "Convict Prison" is a place of detention for a -person sentenced to penal servitude. There are fifty-six Local Prisons -in which sentences of imprisonment are served, (though 14 have been -temporarily closed during the war). They vary in size, from the large -Local Prisons in London, Manchester and Liverpool, with an average -population of 1,000 or more, to the small prisons in country districts -with a daily average of less than 100. By the Prison Act of 1877, the -entire management of these prisons was transferred from the various -local jurisdictions to the State, and the cost incidental to their -maintenance from the local rates to the Imperial Exchequer. They are -vested in the Secretary of State for the Home Department, and are -administered, subject to his approval, by a body of Commissioners -appointed by the Crown. - -Although by Common Law imprisonment only involves deprivation of -liberty, yet by a series of statutes extending from the middle of -the eighteenth century to the present day, the nature and methods of -imprisonment have undergone successive modification. These I propose to -trace shortly, so that the present system of imprisonment, in its two -principal forms--"with," and "without hard labour"--may be understood. -There is probably no legal phrase so imperfectly understood, or which -in its application has been so embarrassing to the administration, or -which has to a greater extent misled the Courts of law in assigning -punishment, as the phrase "hard labour." By its comparison with the -French "_travaux forcés_" it has created an impression in foreign -countries that it is a very severe penalty, applied only for the -greatest crimes; at home it obscures the principle that in prison all -labour is hard, _i.e._, that all prisoners are punished with an equal -prescribed task, whether they be sentenced to imprisonment with or -without hard labour: and in penal servitude, where the manual labour is -of the hardest, the phrase has no legal existence. - -The reform of the English Prison System originated towards the end -of the eighteenth century with the public exposure made by the great -Howard on the deplorable condition of our gaols, and his statue in St. -Paul's Cathedral fitly commemorates the gratitude of his country for -the services he rendered to humanity. The story of his life is well -known: how, being seized by a French privateer on his way to Lisbon -in 1755, he was thrown into a dungeon at Brest, and so had personal -experience of the horrors of imprisonment: how in 1773 the duties of -his office as High Sheriff of the County of Bedford led him to inquire -into the state of Prisons in England and Wales: how in 1774 he was -examined by the House of Commons on the subject, and had the honour of -receiving the thanks of that Body: how he devoted his later life to -the inspection of prisons at home and abroad until his celebrated work -on the "State of Prisons," published modestly at his own expense in a -provincial town, awakened the public conscience to all the horrors of -imprisonment; how, owing to his influence, not only statesmen, lawyers, -and philosophers, but all the uninstructed public opinion of the day, -now, for the first time, began to realize that the whole penal system -was a scandal and a disgrace. - -The Prison Act of 1778 is the beginning of the English Prison -System. This measure, the result of the joint labours of Mr. Howard, -Sir William Blackstone, and Mr. Eden, was due, not only to the -newly-awakened interest in the treatment of prisoners, but to the -political necessity for making provision for keeping our prisoners at -home, which had resulted from the loss of the American Colonies. In -this Act the principle of separate confinement with labour, and of -religious and moral instruction, is clearly laid down and enforced. -In the year 1781, a further Act was passed, making it compulsory for -Justices to provide separate accommodation for all persons convicted -of felony who were committed for punishment with hard labour, it -being recited in the preamble to the Act that in the absence of such -provision "persons sentenced for correction frequently grow more -dissolute and abandoned during their continuance in such houses." - -The principle of separate confinement having been thus recognized -by Parliament, the Justices of some Counties, including Sussex and -Gloucester, respectively, started the local prisons of Horsham, -Petworth, and Gloucester, on the separate plan, and they furnish -interesting historical record of the formal adoption in this country -of a system which, a few years later, under American influences, became -generalized throughout the civilized world. - -The proposition of Mr. Jeremy Bentham for a new and less expensive mode -of employing and reforming convicts, by the construction of a large -establishment, called by him a "Panopticon," appears to have diverted -public attention from the real end and object of imprisonment; and this -proposition, being finally abandoned in 1810, led to the consideration -of fresh plans, which ended in a system of so-called "_Classification_" -as established in 1822, by the Act of 4th George IV., Cap. 64. Until -Mr. Crawford's visit to the United States, separate confinement, though -established in 1775, and only ceasing to be enforced when broken in -upon by numbers for whom the accommodation was insufficient, appears to -have been almost entirely lost sight of. An approximation to it existed -at Millbank since the completion of that Prison in 1821, and a fair -example of the system had been in operation at Glasgow since the year -1824. It is very doubtful, however, after the enormous expenditure made -to effect classification, whether these traces of the system would have -rescued it from oblivion without the aid derived from its practical -development in the United States, and the concurrent testimony given in -its favour by eminent men in France, Prussia, and Belgium. - -By some curious growth of sentiment, which cannot be accurately -traced, _Classification_ rather than _Separation_, became the leading -idea of those interested in prison reform. Howard was quoted as the -authority for Classification, but it must be remembered that Howard -was chiefly moved by the physical suffering of prisoners, and, with -him, classification did not mean much more than to separate the debtor -from the felon, the guilty from the innocent, the men from the women, -and the adult from the child,--and this by a system of separate -confinement described in the Act of 1778. The classification in the -sense in which it affected the movement of opinion in the first quarter -of the last century went further than this. It seems to have assumed -that if prisoners in the same categories, and, therefore, presumably -of more or less the same moral characters, were associated together -in common rooms or dormitories, no evil results were likely to follow, -and facilities for labour, according to Bentham's ideas, would be -greatly improved; and thus we find that in 1823, the Act of 4 Geo. -IV., c. 64, in so far as discipline is concerned, gave effect mainly -to this principle. Many extensive and important prisons were erected -in conformity with this Act, notably at Maidstone, Derby, Westminster, -Chelmsford, and Leicester, in which the Governor's house was usually -placed in the centre with detached blocks of cells radiating from it. -The average size of the cells was only about eight feet by five feet, -with a day room and yard of proportionate size for each different -class or category of prisoners. The only inspection was from the -central building, and there was no interference with the unrestricted -association of prisoners, and the greatest neglect, disorder, or -irregularities might go on unperceived; and it soon became manifest -that, to whatever extent classification might be carried, there was -no moral standard by which it could be regulated, nor any limit short -of individual separation that could secure any single prisoner from -contamination. The mischievous effect of this Act was soon condemned -by public opinion, and two Parliamentary inquiries were held in 1832 -and 1836, which concurred in the strong opinion that more efficient -regulation should be established in order to save all prisoners, -especially the untried, from the frightful contamination resulting -from unrestricted intercourse. It was at this time that the great -controversy between the so-called "Silent" and "Separate" Systems -sprang up in the United States, and its echo was felt throughout the -civilized world. The rival systems of Auburn and of Philadelphia became -the historic battleground in which was fought out the great and burning -controversy which centred round the question of the proper treatment of -prisoners, and established the importance of the now accepted principle -that prison discipline shall be reformatory at least to this extent, -_viz_:--that the prisoner shall not be exposed to contamination by his -fellows. The Silent System at Auburn meant a separate cell at night, -and work in association by day under a Rule of Silence. The Separate -System at Philadelphia meant entire separation both by night and day. -The criticism on the former was that the Rule of Silence could only be -maintained by harshness and severity, and the criticism of the latter -was that continuous separation for long periods was unnatural and -bad, both for body and mind. Mr. Crawford, one of the newly-created -Inspectors under an Act of 1835, was sent to America to examine and -report upon the rival Systems. MM. De Beaumont and De Tocqueville -went from France; Dr. Julius and M. Mittermeyer from Prussia; and M. -Ducpetiaux from Belgium. All travelled at the same time through the -United States for the same purpose, and their practically unanimous -views in favour of the principle of separate confinement had a great -effect on public opinion throughout Europe. In England, Lord John -Russell, then Home Secretary, issued a circular to Magistrates calling -attention to its advantages, and in 1839 an important Act was passed -containing a permissive Clause to render it legal to adopt the separate -confinement of prisoners. It was, however, an express condition that -no cell should be used for such purpose "which was not certified to -be of such a size, and ventilated, warmed, and fitted up in such a -manner as might be required by a due regard to health." Also that a -prisoner should be furnished with the means of religious and moral -instruction, with "books and labour or employment." These were the -first substantial steps taken in England since 1775 for establishing -separate confinement. No prison in Great Britain, excepting perhaps -that at Glasgow, was of a construction to enable magistrates to take -advantage of the clause referred to. Lord John Russell, therefore, -determined on the erection of a model prison at Pentonville. - -It was completed in 1842, and a strong body of Commissioners was -appointed by the Secretary of State to work out the great experiment. -The Commissioners, in their Report for 1847, gave it as their final and -deliberate opinion that the separation of one prisoner from another -was the only sound basis upon which a reformatory discipline could be -established with any reasonable hope of success. The satisfactory -progress of the experiment, and the confidence of the public in the -Commissioners, under whose superintendence the experiment had been -conducted, led to a general desire for its adoption throughout the -country, and within a very few years many Prisons which had been -recently erected for a Classification System were altered. - -In 1850, a Select Committee of the House of Commons, presided over -by Sir George Grey, the then Home Secretary, expressed the opinion -that, under proper regulation and control, separate confinement is -more efficient than any other system which has yet been tried, both in -deterring from crime and in promoting reformation, but that it should -not be enforced for a longer period than twelve months; and that hard -labour is not incompatible with individual separation. - -The student of the English Prison System must be careful to bear in -mind at this juncture that the Secretary of State was not, as he -now is, the supreme head of all Prisons in the country. He only had -control over prisons where persons sentenced to Transportation might -be confined. Pentonville, therefore, was not a local prison to which -prisoners of the Metropolis would be committed in the ordinary course, -but was specially built in order that an experiment of the System of -Separate Confinement might be made by the authority of the Government -under the best possible direction and superintendence. The corpus on -which this experiment was made were first offenders between eighteen -and thirty-five sentenced to Transportation, for whom a period, not -to be prolonged beyond eighteen months, should be one of instruction -and probation, rather than of severe punishment before the convict -was shipped to Van Diemen's Land. Everything was done to render the -separation real and complete: exercise was taken in separate yards, and -masks were worn to prevent recognition. While primarily the Pentonville -system was applied to convicts only, and became in fact the basis of -our penal servitude system, as explained in the former chapter, yet it -led indirectly to the establishment of the separate system in Local -Prisons throughout the country. Although the Secretary of State had -no control over the administration of Local Prisons, yet, apart from -the influence which the Secretary of State would naturally exercise -in directing public opinion in such a matter, an Act of 1835 had -made provision that all Rules framed by local Justices for Prisons -should be subject to his approval; and the Act of 1844 authorised the -appointment of a Surveyor General of Prisons to aid the Secretary of -State by ensuring that due attention was given by local Authorities to -the requirements of proper prison construction as prescribed by Act of -Parliament. - -Thus the Separate System became gradually established throughout the -country, both for convicts in the early stage of their imprisonment, -and for those committed to the County and Borough Gaols, although -uniformity was very far from being established owing to the absence of -any central control. It was this absence of uniformity which led later, -as we shall see, to the complete centralization of the Prison System, -which was effected finally by the Prison Act, 1877. - -At the same time, two principal features of our prison system--Separate -Confinement and Hard Labour--began to assume a definite shape at -this period, which has been retained, subject to modification, until -the present day. The duration of the period of Separate Confinement, -and the regulation of the task of hard labour, consistently with -cellular confinement, remained the problem of prison administration -for many years, and cannot yet be said to be finally settled. There -will be found running through all this period an earnest attempt to -reconcile the claims of the two admitted objects of imprisonment, -_viz_:--deterrence and reform. On the one hand there was strict -separation, and on the other hand it was ordained that provision -should be made in every prison for enforcing sentences of hard labour -as enjoined by the Act of 1823, although that Act, as already stated, -did not contemplate separate confinement, but a system of associated -labour, and the word "Hard Labour" only assumed its narrow and -technical meaning when the advocates of the Separate System, as the -means of reformation, were unwilling altogether to lose sight of the -necessity for some deterrence in the shape of hard work. The question -thus arose, and was warmly agitated, as to how hard labour could be -adapted to the cellular system, and we find great ingenuity expended -in devising forms of labour, such as cranks and treadwheels, in which -each prisoner occupied a separate compartment. These particular forms -of labour were recognized as "hard labour" _par excellence_, and as -necessary for the due punishment of the offender, consistently with his -occupation of a separate cell by day and night. With these problems -unsettled: with a strange and general ignorance of the true principles -of punishment: with conflicting views and diverse authorities, it is -not to be wondered at that, during the following years, our Local -Prison System was in a very confused and chaotic state, although -nominally professing adhesion to prescribed principles, until inquiry -made by Committees of the House of Commons and House of Lords, -respectively, into the state of Local Prisons, in 1850 and 1863, led -practically to the modern Prison System. - -The Committee of 1850 condemned the state of existing prisons in -unmeasured terms, declaring "that proper punishment, separation, or -reformation was impossible in them." They anticipated by a quarter of -a century the legislation of 1877 by advising the establishment of a -Central Authority for enforcing uniformity on the lines of Rules laid -down by Parliament. They advised that the Separate System, as carried -out at Pentonville, should be generally applied to all prisons, but -not for a longer period than twelve months. No action was taken on -this Report until, in 1863, a Committee of the House of Lords again -condemned the want of uniformity of punishment and treatment of -prisoners, and the bad construction of prisons. They again urged that -separation should be the rule in all prisons, and strongly advocated -greater severity as a means of making punishment really deterrent, -and their proposition that prisoners should endure "hard labour, hard -fare, and a hard bed," has become historical, and was translated into -practice by the Prison Act, 1865, which, for the first time, gave legal -sanction to the principle of uniformity, by enacting a code of Rules as -a schedule to the Act. These Rules, having statutory authority, were -only capable of alteration or repeal by Parliament itself. The great -rigidity thus given to the System remained a barrier to real progress, -and it was not until 1898, as I shall show later, that an elasticity -was given to the System by the repeal of this schedule, by vesting in -the Secretary of State the power to make Rules for the government of -Prisons, subject to the condition that the new Rules should be laid -formally before Parliament before they could be adopted. - -However, the Act of 1865 was a great step forward. Prisons still -remained under the control of the local Justices, but every prison -authority was required to provide separate cells for all the different -classes of prisoners. These cells were to be such as could be certified -by an Inspector of Prisons that they satisfied all the requirements of -the Rules. Elaborate provisions were introduced for regulating "Hard -Labour," (a phrase carried on from early Acts of Parliament, framed -before the days of scientific accuracy). It was divided into two -classes: (1) the treadwheel, shot-drill, crank, capstan, stonebreaking, -&c. (2) any other approved form of labour. All prisoners over sixteen -were required to be kept to first class labour for at least three -months, after which time they would qualify for the second class. -Dietaries were to be framed by the Justices, and approved by the -Secretary of State, and any Rule they might make was to be subject -to the approval of the Secretary of State. If they failed to comply -with the Act, the Secretary of State was able to stop the Treasury -contribution towards expenses of the Prison. It was also authorised, -for the first time, that a prison authority might make a grant in aid -of prisoners on discharge. The Schedule to the Act comprises details of -the Rules regulating the administration of the Act on matters of Prison -treatment. The power of punishment was restricted to Justices and the -Governor of the Prison, the latter having power to order an offender -to be placed in close confinement for three days on bread and water; -the former could order one month in a punishment cell, or, in the case -of a convicted felon sentenced to hard labour, could order flogging. -Regulations were also made for the use of irons or other forms of -mechanical restraint. The important principle was enacted, which has -since remained in force, _viz_:--that no prisoner may be employed in -the discipline of the prison, or the service of any officer, or in the -service or instruction of any other prisoner. - -Many years had not passed before it was perceived that the uniformity -of punishment at which the Act aimed was not being secured. It began -to be perceived, and most quickly by the criminal classes themselves, -that in the different localities the same effect was not being given to -the same sentence. Distribution of power among so many Justices--some -2,000 in all--gave occasion to the exercise by them of different -views and methods of punishment, with the result that no standard of -treatment was maintained, applying equally to all prisons, and severity -or leniency of treatment seemed to depend on the accident of the -locality in which the offender was arrested. Inquiry showed, also, that -the System, besides being inefficient, was extremely costly, and many -unnecessary prisons were being maintained, and that local sentiment -operated against any effective supervision or control on the part of -the Central Authority. These causes, taken in conjunction with an -active demand, which found expression in Parliament at the time for -the relief of some of the burden of local taxation, led the Government -of the day to adopt a policy of complete centralization of the Prison -System of the country. This new policy, as embodied in the Prison Act, -1877, resulted then from two causes,--a desire to establish a system of -equal and uniform punishment under the direct authority of the State, -and, incidentally, to relieve the taxpayer of the burden of maintaining -Prisons. It was not to be expected that the local Authorities, -naturally jealous of their rights and privileges, would abandon the -control of the Prison System without a severe struggle. But the great -relief offered to local rates, amounting to about half-a-million pounds -per year, was sufficient to overcome opposition. Eventually, the Act -transferred the whole of the Prison establishments, and their contents, -to the control of the Government. It created a body of Commissioners, -appointed by Royal Warrant, to manage the new Department, and placed -under them a staff of Inspectors, and of other officers, by whom the -control of all those establishments was to be exercised. The Act -compelled the local authority to hand over to the Government suitable -and sufficient accommodation in each district, the test of sufficiency -being the average daily number of prisoners maintained by the local -authority during the five previous years. Where such accommodation was -in default, the local prison authority was required to pay £120 for -every prisoner for whom such accommodation was not handed over. At -the same time, compensation was paid by the Government to the local -authority which had provided a reasonable amount of accommodation in -excess of the maximum of the average numbers received for the five -preceding years. - -Although the Justices lost their administrative powers, they remain -in the shape of the "Visiting Committee," a body selected from the -local Magistracy, as the judicial authority of Local Prisons, for -hearing and determining reports against prisoners, and for the award -of punishment. They also have large general powers of advice and -suggestion; and the admitted success of the policy of centralization -has been undoubtedly due to the wise compromise which continued the -interest and concern of the local Magistracy in their local prisons; -and which ensured not only just and patient hearing of reports against -prisoners, but permitted reports on any abuses within the prison, -and on complaints made by prisoners, by an independent judicial and -unpaid body; and provided, at the same time, a tribunal to which the -Secretary of State could always refer with confidence any question that -might arise as between prisoners and the State. In certain respects, -however, the judicial powers of the local magistrates were curtailed, -_e.g._, powers of ordering confinement in a punishment cell were -reduced from twenty-eight to fourteen days, and the award of corporal -punishment was made dependent on the concurrence of two magistrates. -In other respects, the tendency of the Act was towards a greater -humanity of treatment. The rigid provisions of the Act of 1865 as to -the enforcement of first class hard labour were modified. Under that -Act, it was enforced for the whole of a sentence of three months, or -even for an entire sentence, however long. Under the Act of 1877, the -compulsory period was limited to one month. Another notable feature of -the Act was the classification of prisoners into two divisions, one of -which was that any person convicted of misdemeanour and sentenced to -imprisonment without hard labour, might be ordered to be treated as a -misdemeanant of the First Division, and, as such, was not deemed to be -a criminal prisoner. Persons convicted of sedition or seditious libel, -or imprisoned under any rule, order, or attachment, or for contempt of -any Court, were to be placed in the First Division. - -It is difficult to say whether the legislature intended this -division, which, on the face of it, was a bold step in the way of -differentiation, to be more than a reservation in favour of a few -exceptional cases, such as are actually mentioned in the Act. The -presumption is, having regard to the fact that prisoners treated as -First Class Misdemeanants were not to be deemed criminal prisoners, -that there was no intention to anticipate an elaborate classification, -such as is now laid down, and that it was not realized what a vast -importance rested in Classification, strictly so-called, and which -finds its expression in the Prison Act, 1898. The powers given to the -Secretary of State to make Rules under the Act of 1877 extended to such -important matters as the treatment of prisoners awaiting trial, and of -debtors; and the Rules then made, although modified in some details, -remain essentially the same to-day. The principle of governing prisons -by Rule made by the Secretary of State, subject to Parliamentary -sanction, was still further developed in the Act of 1898, and may be -said now to have been finally accepted as a wise and effective method -for securing progressive change and reform without the necessity for -revoking or enacting by the machinery of an Act of Parliament. - -The Commissioners appointed under the Act took over their new duties on -the 1st April, 1878. On that day, thirty-eight out of the 113 existing -Prisons were closed. Sir Edmund Du Cane, the Chairman of the new Board -of Commissioners, had been for some time Chairman of the Board of -Directors administering Convict Prisons, and his influence soon became -predominant till his retirement in 1895. His great administrative -powers were devoted to securing the objects which, in his opinion, the -Prison Act, 1877, intended to secure, _viz_:--(1) the application to -all Prisons of a uniform system of punishment: (2) the best possible -method for carrying out the primary object of punishment, _viz_:--the -repression of crime: and (3) economy in expense. - -As to (1), uniformity was secured by the adoption, as in the Convict -Prisons, of a Progressive Stage System: by the adoption of a uniform -and scientific dietary: a uniform system of education: a uniform system -of first class hard labour by means of the treadwheel, the task for -which was regulated by the most minute instructions as _the_ task for -hard labour in Prisons. - -As to (2) it has since been made a charge against the administration -of these days that it erred on the side of a too severe repression. To -those who have lost their faith in the virtues of the cellular system, -it may seem unduly rigorous that a prisoner should have remained -subject to that system during the whole length of his sentence. -There were, of course, exceptions to the general rule, _e.g._, -persons employed in the service of the prison, and other forms of -extra-cellular labour, but separate confinement remained the rule for -Local Prisons. To those, also, who condemn all forms of mechanical and -unproductive labour, it may seem unduly rigorous to have insisted so -minutely on the exact performance of a task of so-called first class -hard labour. It is doubtful if public sentiment at that time would -have been satisfied with the comparative leniency of the modern prison -régime. The result of the earnest thought and discussion which have -taken place through the civilized world during the last quarter of a -century on all matters affecting the welfare of the prisoner has been, -no doubt, to place his punishment on a more rational basis than that -of mere obedience to mechanical and uninteresting forms of labour. The -State until now had had no experience in dealing with short sentences. -The problem to be solved was a new one, _viz_:--how to deal effectively -with a man who was in prison for only a few days or weeks, and to -whom during that time no useful trade could be taught. It is indeed -a problem which may well vex the brains of the wisest, and if the -solution has not yet been found, we have at least got beyond the stage -where it was thought sufficient, by the invention of fantastic devices -for executing sentences of so-called hard labour, to give expression to -a sentence of imprisonment. The Prison Authority of this day perhaps -erred in regarding it as a part of their duty to add to the penalty -prescribed by the Court by imposing, in the name of the Progressive -Stage System, certain penalties and incapacities as a peculiar feature -of the early Stages. The only precedent for dealing with short -sentences was that afforded by Military Prisons. It is well-known that -the Committee on Military Prisons of 1844, which was in favour of hard -penal treatment--shot-drill, cranks, &c., (in use in military prisons -as a punishment for recalcitrant soldiers) exercised a considerable -influence with local authorities in administering Civil Prisons, and -the reproach, so often directed to the Local Prison System, that it was -too military in its character, was probably due to this source. - -(3) With regard to economy, Sir E. Du Cane was formerly a distinguished -officer of the Royal Engineers, and had been engaged for many years -in advising the Secretary of State as Surveyor-General of Prisons. It -was owing to his experience and capacity that, at a relatively small -cost, the prison buildings soon after the Act were brought up to a high -standard, both in construction and in sanitation. His financial ability -was also of a high order, and economy, consistently with efficiency, -became the order of the day. It may be that in some respects his desire -for economy led him too far in the direction of retrenchment, both -in buildings and in service, but, for the time being, he was justly -credited with great administrative and financial success; and it -appears from a table prepared in 1885, comparing expenditure on Local -Prisons for seven years before and after the Act of 1877, that economy -had been achieved amounting to nearly half-a-million of money. Further, -in that same year, 1885, the prison population touched and continued -at a lower level than had been previously known. For the year 1878, -in which the Prisons were handed over to the Government, the Local -Prison population was the highest known, _viz_:--21,030. From that date -it fell almost continuously till February 1885, when it touched the -lowest figure then known, _viz_:--15,484. There had been, moreover, a -decrease in the yearly death rate, in the number of suicides, and in -corporal punishments, and in the yearly average of dietary punishments. -A greater variety of employment had been introduced, and a new uniform -system of accounts had been established. The Chairman had some -justification, therefore, for inferring from these facts and figures -that not only had the new penal system been made effective for the -repression of crime, but that the legislation of 1877 had completely -succeeded in its object in promoting uniformity, economy, and a -generally improved administration. - - - - -CHAPTER VII. - -THE INQUIRY OF 1894: THE PRISON ACT, 1898: AND THE CRIMINAL JUSTICE -ADMINISTRATION ACT, 1914. - - -Criticism, however, was not silent. There was an uneasy feeling in the -public mind that too much importance had been attached to the principle -of "uniformity," which was held to be responsible for the alleged evils -of the system then in force, _i.e._, the want of "individualisation" of -the prisoner, and the stifling of local control. This feeling found an -echo in the Press; not only were the principles of prison treatment, -as prescribed by the Prison Acts, criticised, but the prison authority -itself, and the constitution of that authority, were held to be -responsible for many grave evils. It was contended that centralization -only fostered bureaucracy, and that the Prison System of the Country -was at the mercy of a single bureaucrat, the Chairman of the Prison -Board. It was impossible for the Government of the day to ignore -this fierce indictment. A Committee of Inquiry was appointed, under -the Chairmanship of Mr. H. Gladstone, M.P., then Parliamentary Under -Secretary for Home Affairs. The Report was published in April, 1895, -just at the time that Sir E. Du Cane was retiring from the Service, he -having attained the age of sixty-five, the age for retirement under the -Superannuation Acts. The Report, resulting from a keen and exhaustive -inquiry into every branch of prison administration, marks a distinct -epoch in the Prison history of this country. It paid a high tribute -of praise to the Prison Commissioners and their late Chairman, by -its formal declaration that the centralization of authority had been -a complete success in the direction of uniformity, discipline, and -economy. But while admitting this, and the attention that had been -given to organization, finance, order, sanitation, and statistics, it -gave some justification for the popular belief that centralization -had been carried too far, and that local interest and authority had -been unduly suppressed; and to use the words of the Report (which -constitute the real gravamen of charge against the prison authority) -"that prisoners have been treated too much as a hopeless or worthless -element of the community, and that the moral as well as the legal -responsibility of the prison authorities has been held to cease when -they pass outside the prison gates." These words may be said to mark -the passage from the old to the new methods of punishment, and from -those which rested upon severity and repression to those which looked -more hopefully towards the possible reformation of persons committed to -prison. - -The decrease of crime, _i.e._, as judged from the reduced daily average -population of persons in prison, which had been habitually quoted -and regarded as the correct test of a successful prison system, was -shown on examination to be due almost entirely to a diminution in the -average length of sentences. This fact, _i.e._, a greater leniency -on the part of Magistrates and Judges, taken in conjunction with the -remarkable outburst of public sentiment, to which I have referred, -undoubtedly connote a gradual rise and growth throughout the community -of a tendency towards a larger humanity in the treatment of crime, -and a more rational execution of the sentences of the law. Hope of -rehabilitation, which had perhaps been made too subordinate to the -desire for a firm and exact repression, began to lift its head, and, -from this time, the responsibility of the official authority, as a -reclaiming agency, became greatly accentuated. - -The new spirit which breathes in this Report, and which has largely -influenced subsequent legislation and practice, is to be found, so far -as Local Prisons are concerned, principally in reforms having for their -purpose:-- - - (1) the concentration of effort on the young or incipient criminal, - 16-21. - - (2) improved classification, and the separation of first from other - offenders in Local Prisons. - - (3) the abolition of the old forms of "hard labour"-- - -cranks, treadwheels &c. The rules provide that the labour of all -prisoners shall, if possible, be productive, and the only difference, -so far as labour is concerned, between a sentence with, and without, -hard labour, is that in the former case a prisoner works in cellular -separation for the first twenty-eight days of his sentence, after which -period he may work with the rest in association in workrooms, or other -open spaces. So long as the Statute preserves the distinction between -imprisonment with, or without, hard labour, it is necessary that the -system should give effect to the distinction, but the meaning which has -been so long associated with the phrase "hard labour" still lingers -in the public mind, which even now is apt to imagine that a sentence -of hard labour implies a long period of solitary confinement with -employment throughout the sentence on hard monotonous forms of labour, -such as cranks and treadwheels. Associated labour on productive work is -now the rule of Local Prisons, subject to the exception above stated. - - (4) the reorganization of "_Patronage_" or Aid-on-discharge. - - (5) improved methods for the education and moral betterment of - prisoners. - - (6) the establishment of Training Schools for all ranks of the Prison - Staff. - - (7) improved Prison Dietary. - - (8) improved medical treatment with special regard to weakminded and - tuberculous cases. - - (9) the reconstruction of prisons, with a view to better sanitation, - and provision of workshops for associated labour. - -It was at this time that the present writer succeeded Sir E. Du Cane -as Chairman of the Prison Commission, and the Secretary of State -(Mr. Asquith) in conferring this appointment upon him, expressed -the strong desire of the Government that the views of the Committee -should, as far as practicable, be carried into execution. Since that -date, accordingly, the reform and reorganization of the Prison System -has been proceeding in every Department. The steps taken will be -found in detail in the Annual Reports of the Commissioners since that -date. It is not necessary to recapitulate here all the Departmental -changes that have taken place, although they are very extensive and -far-reaching. - -So far as legislation is concerned, three Acts of great importance have -been passed--the Prison Act, 1898, the Prevention of Crime Act, 1908, -and the Criminal Justice Administration Act, 1914. - -The principal changes effected by the Prison Act, 1898, were, firstly -the power given to the Secretary of State to make Rules for the -Government of Convict and Local Prisons. The Rules embodied in the -Schedule to the Prison Act, 1865, and enforced by Statute, were -repealed, and what was, in effect, a new Prison Code was established, -regulating every detail of administration in Local and Convict Prisons, -subject only to the sanction of Parliament, and liable to alteration, -from time to time, by Parliamentary Rules. Until now, the Rules of -Prisons had been in a confused and chaotic state; some were fixed -rigidly by Statute, others were framed without Parliamentary authority -by the Secretary of State, others were enacted only by Standing -Order,--all these were consolidated and embraced in a single Code, -and their execution regulated by a new set of Standing Orders. Rules, -with the Standing Orders which interpret them, are now the authority -and foundation for the Government of Local and Convict Prisons. Not -only has a greater simplicity of administration been attained, but, -at the same time, a greater elasticity has been given to the System, -which was sadly in need of it. It is not likely that it will again be -necessary to resort to legislation in order to effect any change in -the details of the System, the Secretary of State now having power, -by Parliamentary Rule, to introduce such alterations as time and -experience may dictate. - -Secondly,--The Prison Act, 1898, created a Triple Division of -offenders, power being given to the Courts to direct the treatment -in one or other of the Divisions, having regard to the nature of the -offence, and the character and antecedents of the offender. It will -be remembered that the Act of 1877 had not gone further in the way -of Classification than the establishment of the Division known as -First Class Misdemeanants. This provision was repealed, and under -the new law Courts have, generally speaking, an absolute discretion -as to the Division in which any convicted prisoner shall be placed. -The Rules regulating the treatment of each Division are, of course, -subject to Parliamentary sanction. It was hoped, at the time, that -the Courts would gladly and readily avail themselves of these new and -enlarged powers, although it is recognized that a great responsibility -is thus imposed upon the Courts, whose duty, if strictly fulfilled, -would be to discriminate in each case brought before it, and to order -treatment according to character and antecedents. In this way, it was -hoped to secure that "_individualisation de la peine_", which modern -penitentiary science declares to be the ideal at which a good penal -system should aim. Courts have not, however, shown a keen desire to -exercise this fresh power to the extent contemplated by the Act, the -number committed to the Second Division representing not much more than -an average of about three per cent of the total eligible committals. -The traditional methods of commitment to ordinary imprisonment, -with, or without Hard Labour, have so deeply affected the criminal -administration of Summary Courts that it has proved difficult to escape -from their influence, in spite of the great power of discrimination -which the Act affords. - -Thirdly,--Another very important provision of the Act was the power -given to enable a prisoner sentenced to imprisonment in default of fine -to obtain his release on part-payment of the fine. Thus, in the case of -a prisoner sentenced to pay a fine--say of ten shillings or two weeks' -imprisonment in default--imprisonment could be reduced by a number of -days bearing the same proportion to the length of his sentence as the -sum paid by him bears to the total fine imposed. The object of this -provision was, of course, to modify, though it could not abolish, the -admitted evil of the system under which about half the population of -Local Prisons is composed of persons not directly committed without the -option of a fine for the graver offences, but sentenced to pay perhaps -small fines for trivial offences. These, on their inability to pay, -became subject to the ordinary pains and penalties of imprisonment as -in the case of ordinary criminal prisoners. Although the principle -established under the Act was largely made use of, and thus a -considerable reduction has taken place in the number of days for which -persons sentenced in default of fine remained in Prison, the system of -imprisonment in default continued in vogue, and was responsible for -some fifty per cent. of the Prison population until action was taken by -Parliament in the Session of 1914, since when a great change has taken -place in this respect. The Criminal Justice Administration Act, 1914, -to which I refer later, in addition to many other valuable provisions -regulating the treatment of crime, is specially directed to meet this -evil. - -The Prison Act, 1898, has also been of historical interest as being the -last deliberate decision of the legislature on the vexed question of -Corporal Punishment in Prisons. Previously to the Act, a sentence of -Corporal Punishment could be awarded in Convict Prisons by one of the -Directors, and in Local Prisons by the Visiting Magistrates for any -serious offence against prison discipline, and subject to no confirming -authority. It is now strictly limited as a penalty for gross personal -violence to prison officers, and for mutiny, or incitement to mutiny, -and then only in the case of prisoners convicted of felony or sentenced -to hard labour. A sentence can only be imposed by a tribunal consisting -of not less than three persons, two of whom must be Justices of the -Peace, and the order for corporal punishment from such tribunal cannot -be carried into effect until confirmed by the Secretary of State, to -whom a copy of the notes of evidence and a report of the sentence, and -of the grounds on which it was passed, must be furnished. Experience -has justified the wisdom of this enactment, which affords a sufficient -guarantee against excessive, or unnecessary, exercise of the powers -of corporal punishment. It has not been found that the discipline of -prisons has suffered, while a due security exists for the protection of -prison officers from violence. Public sentiment, which had previously -been uneasy on the question of flogging in Prisons, has accepted the -present limitation of power as a just and reasonable solution for -what has always been a very vexed and difficult question of prison -administration. - -Again, a change of far-reaching importance in its effect on the -discipline and management of Local Prisons was introduced, _viz_:--the -power given to short-term prisoners to earn remission of their sentence -by special industry and good conduct. Prisoners whose sentence is for -over one month are now able to earn remission of a portion of their -imprisonment not exceeding one-sixth of the whole sentence. The power -to earn remission has always existed in the case of persons sentenced -to penal servitude, where the minimum sentence is three years, and its -great value, both as an incentive to industry and good conduct, and as -furnishing an element of hope and encouragement under long sentences, -has always been recognized. The expectation that the translation of -this privilege to the Local Prison System would operate in the same way -has been justified by experience. - -Hitherto, the stimulus to industry and good conduct in Local Prisons -had consisted only of the privileges that could be earned under the -Progressive Stage System, in the shape of more letters and visits, and -more library books, and larger gratuity. Gratuity, however, did not -exceed the sum of ten shillings, whatever the length of sentence. It -was, therefore, only prisoners under the longer sentences, presumably -those guilty of grave offences, that could benefit to any extent under -the Gratuity System--some twenty per cent. of the whole. Moreover, the -risk or fear of losing remission marks operates as a powerful deterrent -against idleness or misconduct, and it has been found, generally, -that under the influence of this salutary provision there has been a -marked improvement in the tone and demeanour of the prisoners, while, -at the same time, an aid has been furnished to those responsible for -maintaining order and discipline. - -Such, broadly, were the changes introduced by the Prison Act, 1898. -Though a short Act of a few Sections, it has profoundly affected the -whole of the Prison administration. It seems to have been accepted by -public opinion as a reasonable solution of many difficult questions -which had been the subject of criticism, and which led to the outcry -against the policy of the administration which had followed the Prison -Act, 1877. - -Ten years passed before further legislation respecting Prisons was -passed. The Prevention of Crime Act, 1908, is of paramount interest as -giving effect to the two principal proposals of the Committee of 1894, -_viz_:--special treatment of the young, and the habitual criminal, -respectively, but it does not affect the Prison régime, as applied to -other categories of criminals, and, so far as it relates to these two -special categories, is dealt with in separate chapters. - -Since this chapter was written, the Criminal Justice Administration -Bill, 1914, has become law. The great effect of this valuable measure -is shown in my later chapter No. XVII. dealing with statistics of -crime. It will there be seen how largely prison statistics have been -affected by the obligation now imposed on Courts to allow time for -the payment of fines. The offences for which a fine is imposed are -presumably of a trivial character, but by long custom and usage, the -practice of almost automatic commitment in default had grown to such a -large extent that the intervention of Parliament proved necessary. That -the principle of Imprisonment, and all that it connotes, both of shame -and stigma, should depend upon the accident whether or not a small -sum of money could be provided for payment of a fine at the moment of -conviction, is obviously contrary both to reason and to justice. It is -now laid down that where any prisoner desires to be allowed time for -payment, not less than seven clear days shall be allowed, unless, in -the opinion of the Court, there is good reason to the contrary. It is -also laid down that in all cases where the offender is not less than -sixteen nor more than twenty-one years of age, the Court may allow him -to be placed under "Supervision" until the sum is paid. This provision -is intended to meet the admitted evil of committing young persons -under twenty-one to Prison where the offence is only of a trivial -nature, due, in many cases, to the rowdy and irrepressible instincts -arising rather from animal spirits, and the absence of proper control, -than to any deliberate criminal purpose. It is proposed to create -a new Society, whose business it will be to provide the necessary -supervision, and to act, as it were, as an auxiliary to the Courts in -furnishing a guarantee that the offender shall either pay the fine or, -if after reasonable means of suasion and influence shall have failed, -shall be returned to the jurisdiction of the Court to be dealt with -in a severer manner. By this special provision for young persons, -16-21, who have hitherto come to Prison in such large numbers, the -Act recognizes and extends the principle of the Borstal System--the -principle of which, as I shall explain later, is to concentrate -attention on the young offender at this plastic age, when the tendency -to criminal habit can be arrested and diverted before it is too late, -and before familiarity with Police Courts and Prisons obliterates the -fear and terror of the law, thus rendering easy an almost certain -descent and further degradation to a life of habitual evil-doing. -The Act, moreover, as explained in a subsequent chapter, extends the -application of the Borstal System, as prescribed by the Act of 1908. - -As a further provision against the admitted evil of short sentences of -Imprisonment, it is enacted that no imprisonment shall be for a period -of less than five days. Power is given to the Secretary of State, on -the application of any Police Authority, to certify any police cells, -bridewells, or other similar places provided by the authority, to be -suitable places for the detention of persons sentenced to terms not -exceeding four days, and may make regulations for the inspection of -places so provided. - -With the object of further modifying what, under the influence of long -custom, has become an almost mechanical use of awarding imprisonment -with hard labour, it is provided that any imprisonment in default of -payment of a sum of money shall be, in the future, _without_ hard -labour, and in other cases, where a commitment is without the option of -a fine, the Court has a discretion whether or not hard labour shall be -imposed. In order to give a fuller application to the Act of 1898, as -before described, _viz_:--that the classification of prisoners should -be into three Divisions, according to character and antecedents, power -is given to the Visiting Committee of Prisons, on the application of -the Governor, to direct that, in any suitable case, the prisoner may be -placed in the Second Division, where, in the absence of any instruction -of the Court to deal otherwise, he would be located in the Third -Division. - -It is anticipated that this Act will have far-reaching effects (1) in -the avoidance of imprisonment where the offence can be adequately met -by money payment: (2) in the saving from the taint of imprisonment in -the early years, by placing under responsible supervision and care, any -young person under twenty-one, who, under the old system, would become -familiar with prison surroundings: (3) by extending and strengthening -the provisions of the Borstal Act, 1908, and (4) by making effective -the classification of ordinary prisoners, aimed at by the Prison -Act, 1898, and by adapting their treatment and segregation during -imprisonment according to their antecedents and the character of their -offence. - - - - -CHAPTER VIII. - -THE BORSTAL SYSTEM. - - -The little village of Borstal, on the banks of the Medway, not far -from Rochester, has given its name to a system which is now being -universally applied, not only at home, but in our Dominions, for the -treatment of young offenders, 16-21. - -It happened in this way. In this village was situated an old Convict -Establishment, formerly used as an annexe to Chatham Convict Prison. -There were still a few convicts there; but there was available space -for an experiment, which it was decided to make (and which is described -later) for the special location and treatment on reformatory lines of -young prisoners, 16-21, selected from the ordinary Prisons, where the -length of sentence afforded a reasonable time for the application of -the system. - -The title "Juvenile-Adult" was invented to describe the class--too old -for commitment to Reformatory Schools, and too young to be classified -with the ordinary grown-up criminal. - -The average number of youths of this age committed to Prisons in -England and Wales in the opening years of this century was about -19,000. For one year their distribution was as follows:-- - - 16 years 2,898 - 17 " 4,099 - 18 " 5,550 - 19 " 5,576 - 20 " 5,130 - -Some light was thrown on the character and antecedents of this class -of young criminal by an inquiry made with regard to the offences, -previous convictions, homes, and educational status of all male -prisoners in the Prisons of England and Wales, on a given day, within -the ages of sixteen to twenty-one. The total number was 1,238. Nearly -two-thirds were guilty of crimes of acquisitiveness, _i.e._, larceny, -burglary, housebreaking, embezzlement, &c. One-fifth of crimes of -passion, _i.e._, sexual offences, assaults, and wounding. There were -twenty cases of malicious injury to property, and the remainder were -convicted of minor offences against bye-laws, &c. With regard to their -education, ninety had none, 512 little, 496 fair, and 111 good. Of the -total number, 280 had good homes, but 198 had none at all; 138 had bad -ones, and thirty lived in common lodging houses. Only 330 were without -previous convictions and 353 had two or more. - -At the same time, Dr. Baker, of Pentonville Prison, conducted a most -interesting inquiry with regard to the young offenders between sixteen -and twenty, who passed through Pentonville Prison in the course -of a year. The total was 2,185. Physically, as a class, they were -two-and-a-half inches below the average height, and fourteen lbs. -less than the average weight. Twenty-six per cent. were afflicted -with bodily infirmity. The majority of the offences were of a grave -character, offences against the person and against property without -violence. Twenty-two per cent. were imprisoned for larceny alone, the -various crimes of "acquisitiveness" being characteristic of this age; -while in the aggregate _thirty-four_ per cent. had been previously -convicted (no less than 144 on three or more occasions). In the case of -offences against property, with and without violence, and vagrancy, the -reconvictions were 50, 40, and 45 per cent. respectively. - -Public attention has also been called to the large number of indictable -offences, and of larceny in particular, committed by persons of this -age. Criminal statistics are dominated by the rise or fall in offences -of larceny, and this age-category contributed nearly 30 per cent. - -The Committee of 1894 made an emphatic declaration in favour of -some action being taken to deal specifically with this class. They -reported:--"The age when the majority of habitual criminals are made -lies between 16 and 21. It appears to us that the most determined -effort should be made to lay hold of these incipient criminals, -and to prevent them by strong restraint and rational treatment from -recruiting the habitual class. We are of opinion that the experiment -of establishing a Penal Reformatory under Government management should -be tried, and that the Courts should have power to commit to these -establishments offenders under the age of 23, for periods of not less -than one year and up to three years, with a free exercise of a system -of licence." - -The proposal to found a State, or Penal, Reformatory, confirmed and -emphasized the opinion that had been rapidly gaining ground, both in -England and abroad, and especially in the United States, that _up to a -certain age_, every criminal may be regarded as _potentially_ a good -citizen: that his relapse into crime may be due either to physical -degeneracy, or to bad social environment: that it is the duty of the -State at least to try and effect a cure, and not to class the offender -off-hand and without experiment with the adult professional criminal. - -It seems difficult to believe that, until recently, a lad of 16 was -treated by the law, in all respects, if convicted of any offence, as an -ordinary adult prisoner, and that for lads of this age, the principle -had not been recognized that a long sentence of detention under -reformatory conditions can be justified, not so much by the actual -offence, as by "the criminal habit, tendency, or association" (Section -1 (b), Borstal Act, 1908), which, unless arrested at an early age, must -lead inevitably to a career of crime. - -But the fixing of criminal majority at 21 has only been arrived at -after a long struggle. It is about a hundred years ago since certain -benevolent persons, struck by the wrong of sending the young to -prison, if it could be avoided, founded the Colony of Stretton in -Warwickshire in 1815, which had for its express purpose the reclamation -of criminal youth between the ages of 16 and 20. The process by which -they conducted their benevolent efforts was curious, for they took -advantage of an ancient law by which young persons might be hired out -in husbandry, and they applied to the County Authorities to hire them -out young prisoners of this age, with a view to their conversion into -honest and useful citizens. So far as I have been able to gather from -the history of Juvenile Crime, no other attempt was made, either -then or for many years to come, to grapple with this problem of -Juvenile delinquency. Though it is stated on the authority of a great -philosopher that "the angel of Hope came down from heaven in the first -decade of the nineteenth century," it does not seem that her influence -began to be felt at that time in Penal and other legislation; it was -some years after the first decade of the last century that Sir Samuel -Romilly complained that it was more easy to get an attendance of -Members at the House of Commons to listen to a Debate on a new archway -for Highgate or a new Water Bill for Holloway, than to any proposals -that he might have to make in the direction of Penal Reform. - -It is true that some years later, in 1838, under the auspices of -Lord John Russell, then Home Secretary, an Act was passed for the -establishment of a Prison at Parkhurst for young offenders. The -public conscience had begun to be stirred by the terrible sentences -of transportation passed on mere children and youths for periods of -as much as 15 to 20 years for what we should now regard as petty -offences. The Parkhurst Act of 1838 contained a Clause which has -become historical and is known as the "Pardon" clause. By this, the -Secretary of State was able to pardon any young person sentenced to -transportation on condition that he should place himself under the -charge of a benevolent Association. The benevolent Association of those -days was known as "The Philanthropic Institution", which was the parent -of the famous Red Hill Reformatory School of to-day. - -The number of lads, however, sent to Parkhurst was comparatively -few, and the absence of any means of dealing with the great mass of -Juvenile delinquency began to be recognized by thoughtful and humane -persons, and, in 1847, a Parliamentary Committee was appointed to -enquire into the question of Juvenile Crime. It was before this -Committee that the Authorities of the Stretton Colony gave remarkable -evidence which, at the time, came as a new light to a generation whose -imagination had not yet been quickened to perceive the possibilities -of reform in the case of youthful prisoners. They stated in evidence -that "their experience had been with prisoners between the ages of -16 and 20 with whom they had been dealing since 1815, and that no -less than _60 in every 100 might be permanently reformed and restored -to Society_, whereas the ordinary prospect that awaits these youths -under the ordinary Prison System is a life of degradation, varied -only by short terms of Imprisonment, and terminating in banishment or -death." It may be that the eyes of the Committee were opened by this -simple statement of fact. We know that they took a step which is of -singular historical interest. They formally consulted the High Court -Judges as to the possibility of introducing a reformatory element into -Prison Discipline. The High Court speaking in the name of its most -distinguished members, Lord Denman, Lord Cockburn and Lord Blackburn, -declared reform and imprisonment to be a contradiction in terms, and -utterly irreconcilable. They expressed a doubt as to the possibility -of such a system of imprisonment as would reform the offender, and yet -leave the dread of imprisonment unimpaired. - -Though this was the legal and official view at the time, there were -fortunately other voices heard during the progress of this enquiry, -the voices of less distinguished men and women, but of those whose -names will be recorded in history as the pioneers and the workers in -the field that eventually led fifteen years later to the establishment -of our Reformatory School system. I refer to such persons as Davenport -Hill, Sir Joshua Jebb, Miss Carpenter, Monkton Milnes, Captain -Machonochie, Mr. Sergeant Adams and Mr. Sidney Turner. - -The passing of the Reformatory School Act of 1854 marked the climax -of the efforts of that generation. They had established the principle -that the young offender, _at least up to the age of 16_ should be -dealt with by other than the methods of Prison or Transportation. -This was a great victory at the time, and for many years public -opinion regarded the Reformatory School Act as the last word spoken -on the subject of juvenile delinquency. There were others, however, -and among them Mr. Sidney Turner, who regarded that Act only as a -stepping stone to further progress. _The age of 16_ which for so many -years was consecrated as the age at which criminal youth ends and -criminal majority begins, he described more than once '_as a mere -measure of precaution_'; and a stage on the road to lead to further -developments. The age of 16 was adopted at that time by universal -consent for no other reason, so far as I can gather, than that it was -the age of 'criminal majority' in the French Penal Code, and it had -become notorious owing to the success of the French Colony of Mettray, -established in the 'thirties' and which prescribed 16 as the age of -'discernment' under French Law. - -The age of 16, therefore, became crystallised as the age of criminal -majority in this country. Attempts were made from time to time to have -the age raised to 18, but the conflict of opinion on this point waxed -very fierce, some maintaining that the admission of older youths would -corrupt the rest, while others asserted that an enormous number of -youths now being sent to Prison at the age of 16 might be reclaimed, -if subject to reformatory influences. This battle waxed fierce in the -early 'eighties' and although, in my opinion, the best argument was on -the side of those who desired an extension of age, yet by one of those -curious results that sometimes issue from the Parliamentary Machine, -the only legislation affecting the age of the inmates of Reformatory -Schools is known as Lord Leigh's Act of 1891, which, instead of giving -greater powers to Reformatory Schools, limited the right of detention -to the age of 19 years, whereas it had formerly been 21. The question -of age, however, was not destined to remain in abeyance. Other causes -than the conflict of opinions between Managers of Reformatory Schools -brought this question very prominently to the front a few years later. - -It came to the front incidentally, as I have already stated, in the -findings of the Prison Committee of 1894; and of the Reformatory -Schools Committee of the same year. Both Committees arrived at the same -conclusion almost simultaneously, _viz_:--that 16-21 was the dangerous -age: that attention must be concentrated on that: that we must try -and lay hold of the incipient criminal, or as we call him in prison -language, the Juvenile-Adult. - -It was at this time that I was appointed by the Home Secretary (Mr. -Asquith) to be Chairman of the Prison Commission, against which so -severe an indictment had been laid, as explained in a former Chapter, -of being indifferent to the moral welfare of prisoners. My experience -and observation had already led me to form a very strong opinion that -the Penal Law, which classified forthwith as adult criminals lads -of 16, was unjust and inhuman. I obtained the authority of the Home -Secretary, Sir M. Ridley, who was in warm sympathy with my views, to go -to the United States in 1897 to study at Elmira the working of what is -known as the American "State Reformatory System." The annual reports of -the authorities at Elmira had begun to attract considerable attention -in Europe. The American System classified as youths all persons between -the ages of 16 and 30. While we classified our boys as adults, the -American adopted the converse method, and classified his adults as -boys. I thought myself that the truth lay midway between these two -systems, between the system that ends youth too early and that which -prolongs it too late, between the voluntary system of England and -the State Reformatory System of the United States. The point I was -aiming at was to take the 'dangerous' age--16-21--out of the Prison -System altogether, and to make it subject to special "_Institutional_" -treatment on reformatory lines. - -I was impressed by all that I saw and learnt at the principal State -Reformatories of America, at that time chiefly in the States of New -York and Massachusetts. The elaborate system of moral, physical, and -industrial training of these prisoners, the enthusiasm which dominated -the work, the elaborate machinery for supervision of parole, all these -things, if stripped of their extravagances, satisfied me that a real, -human effort was being made in these States for the rehabilitation of -the youthful criminal. It was on my return that, with the authority of -the Secretary of State, the first experiments were begun of the special -treatment, with a view to the rehabilitation of the young prisoners, -16 to 21, in London Prisons. A small Society was formed, known as the -London Prison Visitors' Association, to visit these lads in the London -Prisons: (they were removed later, as stated, to the old Convict -Prison at Borstal). The procedure was to visit Borstal by roster each -month, and interview the cases about to be discharged in the following -month, so that the best arrangements might be made. Out of this small -body of visitors sprang the Borstal Association, and it is interesting -now, looking back to that time, to recall the circumstances under which -this Association was founded. There was in the public mind a great -confusion as to the exact meaning of the phrase "Juvenile Offender". -That ambiguity has since been largely cleared up by the definitions -of the Children Act, but, at that time, there was a confusing medley -of appellations; and children, young persons, and youthful offenders, -were all jumbled together in the same category. The specific proposal -was to deal with the age, 16 to 21, and it was decided, in order to -emphasize this fact and make a clear distinction between this age and -all other ages, to make use of the word "Borstal", that is, the name -of the village where the experiment was being carried out. I think -that this appellation has been singularly fortunate in its results, as -it has made it quite clear that we are not dealing with the youthful -offender as usually conceived, that is, a boy, or even a child, who -may have lapsed into some petty or occasional delinquency, and who was -being sufficiently provided for by the Reformatory School Acts and by -the Rules concerning juvenile offenders in prisons. Our object was to -deal with a far different material, the young hooligan advanced in -crime, perhaps _with many previous convictions_, and who appeared to be -inevitably doomed to a life of habitual crime. - -We had, in the Association of Visitors in London Prisons, a nucleus in -forming the now well-known Borstal Association. Among them were two -young barristers, living in chambers, who placed their time and their -rooms at our disposal. They were Mr. Haldane Porter and Mr. (now Sir -Wemyss) Grant-Wilson, the first and the second Honorary Directors of -the Association. We had little or no money. The Treasury gave us £100 -a year. An appeal, addressed to the public through the columns of "The -Times", met with only a disappointing result; but later an appeal -to personal friends for a small annual subscription, rather than a -donation, was successful to this extent, at least, that we were able to -rely on a small income with which to conduct our operations. By this -means, we obtained an income of some £400 or £500 a year, and to those -kind and generous friends who helped us at that critical moment, the -success of the movement is principally due. - -Having established an Association, we next had to establish a system. -The object of the System was to arrest or check the evil habit by -the '_individualization_' of the prisoner, mentally, morally, and -physically. To the exhortation and moral persuasion of a selected -staff, we added physical drill, gymnastics, technical and literary -instruction: inducements to good conduct by a system of grades and -rewards, which, though small and trivial in themselves, were yet -calculated to encourage a spirit of healthy emulation and inspire -self respect. Elaborate rules for giving effect to the system were -introduced by the Authority of Parliament, but at this stage, -Parliament had not recognized the system in any other way, and _we had -to work within the limits which existing Penal law afforded_: that -is, the cases we dealt with were by the _transfer_ of young prisoners -of this age, who happened, for their particular offence, to have been -awarded sentences of imprisonment for _six months and upwards_. It soon -became clear that the _element of time_, that is, a longer sentence -than the law permitted, was essential for the success of the scheme. -Experience showed that something may be done in twelve months, little -or nothing in a shorter period, that the system should be one of stern -and exact discipline, tempered only by such rewards and privileges as -good conduct, with industry, might earn: and resting on its physical -side on the basis of hard, manual labour and skilled trades, and on its -moral and intellectual side on the combined efforts of the Chaplain and -the Schoolmaster. Such a sentence should not be less than three years, -conditional liberation being freely granted, when the circumstances -of any case gave a reasonable prospect of reclamation, and when the -Borstal Association, after careful study of the case, felt able to make -fair provision on discharge. - -It was in 1906, when an experience of four or five years had -established these principles, that I addressed a strong representation -to the Secretary of State, asking for an alteration of the law on these -lines: and in 1908, thanks to the cordial agreement with these views, -manifested at that time both by the Secretary of State (Lord Gladstone) -and the Chancellor of the Exchequer (Mr. Asquith), these principles -became law under the Borstal Act of 1908. The system in vogue to-day -is a legal system: it has passed beyond the experimental stage, and -has become a part, an important part, of the criminal law of this -country, and not of this county only, but is a prototype of analogous -Institutions which have been established in many parts throughout the -civilized world. The system, as it operates to-day, is the same in -its leading features as the experimental system prior to the Act. The -principles are the same, but we now have the element of time. We have -now no case of less than two years, and a considerable number with the -maximum of three years. - -During recent years the annual committals to Borstal Detention have -averaged nearly 600 for males and 180 for females, and three Borstal -Institutions have been established--Borstal and Feltham for males, -accommodating about 400 each, and Aylesbury for females. These -Institutions are fulfilling in an admirable way the purpose for which -they were created, _viz._,--to furnish the opportunity by which many -young persons who have ceased to be "young offenders" (_i.e._, under -sixteen years) and who are not yet fully developed adults (_i.e._, over -twenty-one) may be rescued from a life of crime. The high tone and -character of the superintending staff, untiring in the efforts which -they devote to the moral, literary, and technical education of inmates: -the healthy rivalry stimulated by competition, not only in the schools, -but in the playground (for it is the privilege of the Special Grade to -take part in games of football and cricket): the great care devoted to -the physical well-being and training in Gymnastics, &c.--experience is -daily showing that all these things are having the effect of arresting -in his downward career the young, and often dangerous, criminal -between the ages of sixteen and twenty-one, who, until the necessity -of special legislation to deal with his case was recognized by public -opinion, only served an apprenticeship in a succession of short -sentences for trivial crime in his early days, in order to qualify for -entry into the ranks of habitual crime. - -For the purpose of permanent rehabilitation, the Borstal Association -has taken these lads in hand on discharge and led them into the paths -of honesty, and industry, and employment; and statistics furnished -shortly before the outbreak of war concerning 1,454 cases discharged -on licence since the Act of 1908 came into force showed that only 392, -or twenty-seven per cent., had been reconvicted. It is commonplace to -assert that a good system of "_Patronage_," or aid on discharge, is a -necessary complement to the Prison System; but, generally speaking, -Aid Societies, either from the number of persons with whom they have -to deal, or from insufficient resources, fail to deal except with a -very small proportion of cases; but the Borstal Association takes -_all_ cases, and spends time and money equally on each, despairing -of none, and maintains a long and continuous record and subsequent -history of each case. Behind this highly organized method of care and -supervision lies a great and a sincere humanity, which prevents the -work degenerating, as is too often the case, into a hard and mechanical -routine. The Borstal System, by itself, would not work wonders, nor by -itself, eradicate the vicious or anti-social elements from the young -criminal heart; but a system of strict control and discipline while -under detention, followed up and supported by a real and effective -system of "_Patronage_" on discharge, furnishes the secret of the -considerable success that has been obtained. The same spirit which -animates the system is also being manifested in our Probation and -Children Laws; and to it can be ascribed the marvellous reduction of -juvenile crime during the twenty years prior to the war. - -The application of the System to young women is dealt with in the -Chapter (_infra_) on Female Offenders. - -It is a great satisfaction to those who have directed so much effort to -building up the Borstal System that the Lord Chief Justice, presiding -over the Court of Criminal Appeal, should have stated recently that the -Court are of opinion that "Borstal Institutions are of the greatest -assistance to the lads committed to them, and may, and often do, save -them; and also the three years, which is the term that is permitted, -is, in the absence of exceptional circumstances, the right term, as it -does give the lad that chance which very often a shorter term does not -afford him." - -Independently of the law of 1908, there is in operation a so-called -"Modified" Borstal System at _all_ Prisons, in all parts of the -Country, and special Rules regulate the detention, and "Borstal -Committees" devote themselves to the after-care of young prisoners of -both sexes between the ages of sixteen and twenty-one, whatever the -length of sentence. The object of the System for males is to apply, -us far as practicable, having regard to the length of sentence, the -methods followed at Borstal Institutions, for the special treatment of -offenders 16-21 sentenced to imprisonment. The shortness of sentence, -of course, operates against any manifest result, but experience has -shown that with lads of this age much can be effected by close personal -interest and oversight on the part not only of the prison authority, -but of voluntary workers. The longer sentences are transferred to -collecting depôts. The System provides for two Grades, Ordinary, -and Special. To pass from the Ordinary to the Special Grade, a -juvenile-adult must earn 300 "merit marks", the maximum number being 25 -a week; In the Special Grade he may receive a good conduct stripe after -serving a month with exemplary conduct, which entitles him to a special -gratuity. Cases sentenced to _less_ than 3 months are not transferred -to a Collecting Depôt, but are specially located and segregated from -adult offenders at the prison of committal. Both categories receive -daily drill and exercise, and are associated at labour. If the conduct -and industry of an inmate are satisfactory, he may receive a gratuity -not exceeding £2. Remission of sentence is not granted, except when -specially recommended by the Borstal Committee. Special attention is -paid to the education of all cases, by instruction in class and by -lectures on secular subjects. During the year 1919-20, 1130 males were -committed to prison with sentences of 3 months and over, and 2,261 -with sentences of less than 3 months. - -At all Prisons, Borstal Committees are set up to deal with this -particular class of delinquent. They are composed of members of the -Visiting Committee, who may co-opt for the purpose members of the -Discharged Prisoners' Aid Societies, and any other influential person, -of either sex, interested in the treatment and reclamation of the -young. It is a splendid testimony to the efforts made by the members of -these Committees throughout the country to rescue lads from a life of -crime that, out of 2,126 dealt with during 1918, 1,734 or 81 per cent. -were well placed on discharge, while some Committees were able to place -the whole of their cases in suitable employment. In the case of young -females, the difficulties encountered on discharge are more formidable, -but of 913 dealt with during the year, 406 were suitably placed, and -160 returned to their friends. - -In the case of young Convicts, also, sentenced to penal servitude, as -already stated, Rules provide for the collection of this category at -Dartmoor, where they are strictly segregated from the ordinary prison -population, and are treated, so far as conditions permit, according to -the principles of the Borstal System. On discharge moreover, they are -specially committed to the care of the Borstal Association. - -It will be seen, therefore, that the Borstal net is now wide-spread, -and embraces the whole of the Prison population, male and female, -between the ages of 16 and 21. Now that this differentiation according -to age has become a fact, it is regarded almost as a commonplace -that no person under the age of 21 should be treated under Rules -applicable to adults. Yet this simple proposition is of quite recent -origin. Twenty years ago, not only were all offenders under 21 years -of age mingled with the general herd to be found in our Prisons, but -many young persons under the age of 16. So quickly, and so easily, do -reforms based on reason, and justice, and humanity--although at the -time encountering the resistance and opposition that comes of prejudice -and custom--commend themselves to public approval. - -Such then is the short history of what is well-known as the Borstal -System. It is, in the abstract, an attempt to give expression by the -executive dealing with crime, to the natural and scientific law that, -up to the age of 21 (the age of civil majority for the ordinary affairs -of life), neither the human mind nor the human body is fully formed -and developed, but is still plastic and receptive of good influences, -skilfully and carefully applied. It is, in the concrete, a simple -system of firm and exact discipline, tempered by an ascending scale of -rewards and privileges which depend upon industry, conduct, and special -merit. The Instructions for the treatment of inmates will be found in -the Appendix, and give the details of the system,--a system of grades, -with an ascending scale of privileges--the passing from a lower to a -higher grade, only to be achieved after a sufficient period of test -and observation by supervising authority. The 'Tutors' are a special -feature of the Institutions. They are in a sense House-masters, or -Masters of Sections or Wings of inmates. They are selected for their -special qualifications for dealing with lads of this age and character, -each of whom it is their duty to 'individualize,' _i.e._, to observe -closely. They have an important position in the establishment, having -the rank and status of Deputy Governors. They constitute a sort of -advisory council to the Governor, advising as to claim and fitness to -pass from one grade to another. They are at the same time, the friend -and counsellor of the inmate, and the adjutant to the Governor in -maintaining a strict discipline, and a due observance of order and -method in every particular. They are also, under the presidency of -the Chaplain, the educational authority of the establishment, being -responsible for the method both of elementary and advanced teaching. - -Though it will be seen that the rewards and privileges of each grade -are of a simple nature, yet they are a sufficient stimulus to the -majority of these lads to 'gain their blue,' as it is called. They -are simple devices for cultivating self-respect in a field where that -tender plant has never hitherto been sown. But it is in the simplicity -of these things that their value lies. Many of these lads are total -strangers to the most elementary refinements of civilized life; and -so we inculcate the principle that by working hard and behaving well, -a reward which brings comfort and pleasure follows upon the effort -made. Here then we lay the first brick in building up character. The -Borstal lad is regarded as a piece of "human masonry," and every one -works with a will to turn out a creditable piece of work while the -lad is in their hands. They are laying bricks all the time, till the -_fatal_ day of liberation comes--_fatal_ because the Borstal System -depends essentially for its success upon the Aid-on-discharge which -Aid Societies, individually and collectively, can and will render. If -the crime in this country is going to be diminished, effort must be -concentrated on the young. It must be seen that the piece of masonry -which we have built up does not fall to pieces, like an Egyptian mummy, -immediately it comes into contact with the outer air of liberty. But -the best-conceived regulations will not, by themselves, effect much. -It is the personal influence of the Superintending Staff, from the -Governor downwards, which is the thing that matters. To understand -the Borstal System it is not enough to read about it in a book: you -must see it in actual operation,--the keen activity that pervades the -establishment: the admirable order and precision of the parade ground: -the swing-and-go of the gymnasium: the busy hive of industry in all its -multifarious departments: the educational classes and chapel services, -the lecture room; and when the time for recreation comes, the glow and -keenness of the youngsters in the football or cricket field. Given the -material we work with, at first slow, stubborn, impenetrable, with no -outlook in life but that of criminal adventure, with its gamble--but -its ultimate certain doom, the Prison--any impartial visitor will, I -think, agree that here is a wonderful metamorphosis--the conversion of -the inveterate gaol-bird of a few years ago to a strong, well-set-up, -well-drilled handy English lad, with respect for authority, with a new -birthright, qualifying him to enter the ranks of honest, industrious -labour. Such a conversion in a few cases would amply justify the -system, and all the expense and labour it has entailed; but when the -records of the Borstal Association can show that this conversion takes -place in many cases, it must indeed be a great encouragement to all -engaged in social work, even in the most difficult places, that such -results will certainly follow upon healthy influences, steadily and -wisely applied. - -The principle of the Borstal System received an important extension by -the provisions of Section 10 of the Criminal Justice Administration -Act, 1914. The condition that the particular offence must be indictable -being removed, largely widens the scope and operation of the System. -The same Act also raises the minimum period of detention, and extends -that of "Supervision" after discharge. Considerable advantage is being -taken of Section 10 since it became law, no fewer than 211 males and 42 -females having been dealt with under its provisions in 1919-20. - - - - -CHAPTER IX. - -THE HANDMAIDS OF THE PRISON SYSTEM:-- - -(1) THE CHILDREN ACT, 1908: - -(2) THE PROBATION ACT, 1907. - - -(1) THE CHILDREN ACT, 1908. - -The passing of the Children Act, 1908, which practically forbids -imprisonment before sixteen years of age, marks the last stage in that -slow and tedious journey which had to be undertaken by many devoted -men and women who were conscious of the grave evils resulting from -imprisonment, before it was generally realized that it was not by -throwing children and young persons automatically and indiscriminately -into gaol, that the grave problem of juvenile delinquency was going to -be solved. - -The Children Act, 1908, known as the "Children's Charter", -revolutionized the penal law of this country, so far as the -imprisonment of young persons under the age of sixteen was concerned, -in the English law there is a conclusive presumption that children -under seven years of age cannot have _mens rea_, and so cannot be made -liable to be punished by criminal law. Between seven and fourteen -years that presumption is no longer conclusive. Guilty knowledge -may be shown by the fact of the offender having been previously -convicted of some earlier offence, or even by the circumstances of -the present offence. Full criminal responsibility is presumed at the -age of fourteen. The Children Act, without reference to the question -of criminal responsibility, prescribed a clear distinction between -offences committed by _children_, _i.e._, persons under the age of -fourteen, and _young persons_, _i.e._, between fourteen and sixteen. -Neither "children" nor "young persons" _i.e._, no person under the -age of sixteen, can now be sent to penal servitude or to imprisonment -unless the Court certifies in the case of a young person, 14-16, that -he is of so unruly a character that an alternative form of punishment -is not desirable. Offenders under sixteen cannot be sentenced to -death, but may be detained during His Majesty's Pleasure. Those guilty -of grave crime, such as attempt to murder, manslaughter, &c., can be -detained in such places, and under such conditions, as the Secretary of -State may direct. The effect of this Act is, therefore, to withdraw all -persons under sixteen entirely, or almost entirely, from the control of -the Prison Authority. In lieu of detention in Prison, the Act creates -"Places of Detention", to be established by the Police Authority of -the district, the expense of maintenance being divided between the -Police Authority and the Treasury. Young offenders may be committed to -such Places of Detention for any period not exceeding one month, or -on remand or committal for trial. Such establishments are subject to -regulations and inspection by the Secretary of State. The Children Act, -1908, consolidated the law as to Reformatory and Industrial Schools, -and, at the same time, introduced other amendments, _e.g._, that no -child under twelve should be sent to a Reformatory School: children -under that age may be sent to Industrial Schools, notwithstanding -any previous conviction recorded against them: power is given to the -Secretary of State to transfer from a Reformatory to an Industrial -School, and _vice versâ_: power of control and supervision of cases up -to the age of 19 is given to managers of Reformatory Schools where the -term of detention expires earlier: earlier licensing in the case of -Industrial Schools is permitted: and statutory reference is also made -for providing special Reformatory and Industrial Schools for physically -and mentally defective cases. - -For some years prior to the passing of the Children Act, 1908, those -interested in the welfare of the young had been trying to secure the -hearing of charges against juvenile delinquents in Courts of Justice -apart from those of adults. In 1905, several large towns had taken this -step. At Birmingham, the first separate Court for children's cases was -established in April, 1905, to which was attached the first Probation -Officer for children. - -In the same year, the Secretary of State issued a circular to -Magistrates pointing out the evil resulting from contact with the -more depraved and criminal adults, and asking them to consider what -steps could be taken to prevent such contamination by securing their -protection at Police Courts during the hearing of their cases. - -One of the recommendations of the Inter-Departmental Committee on -Physical Deterioration, 1904, was that, whenever possible, in cases -touching the young, where the assistance of a Magistrate was invoked, -he should be a person specially selected, sitting for the purpose. In -a Circular to Justices in 1909, explanatory of the provisions of the -Children Act relating to the establishment of Children's Courts, the -Secretary of State expressed the opinion that it was desirable, where -possible, that the formation of Juvenile Courts should be assigned to a -separate rota of Magistrates who possess, or who would soon acquire, a -special knowledge of the methods of dealing with juvenile crime and of -institutions for juvenile offenders. - -On the passing of the Children Act, 1908, special Courts, called -Juvenile Courts, were created for dealing with charges against children -or young persons. Such Court may be either in a separate building, or -in a room of an ordinary Court House. No person, other than members -or officers of the Court or parties to the case, their counsel or -solicitors, or persons otherwise directly concerned in the case, may -be allowed to attend, and means must be taken for preventing young -persons while in attendance at the Court, or being conveyed to or from -Court, from associating with adults. The chief methods for dealing with -children and young persons charged with offences enumerated in Section -107 of the Act, are:-- - - (_a_) by dismissing the charge; or - - (_b_) by discharging the offender on his entering into a recognizance; - or - - (_c_) by so discharging the offender and placing him under the - supervision of a probation officer; or - - (_d_) by committing the offender to the care of a relative or other - fit person; or - - (_e_) by sending the offender to an industrial school; or - - (_f_) by sending the offender to a reformatory school; or - - (_g_) by ordering the offender to be whipped; or - - (_h_) by ordering the offender to pay a fine, damages, or costs; or - - (_i_) by ordering the parent or guardian of the offender to pay a - fine, damages, or costs; or - - (_j_) by ordering the parent or guardian of the offender to give - security for his good behaviour; or - - (_k_) by committing the offender to custody in a place of detention - provided under the Act; or - - (_l_) by dealing with the case in any other manner in which it may be - legally dealt with. - -Since 1910, the number of cases dealt with in Juvenile Courts has -risen from 33,598 to 49,915 in 1918, the increase having taken place -chiefly since the outbreak of war. Included in the latter total were -28,843 boys and 1,364 girls under the age of 14. Statistics show that a -conviction is recorded in about 50 per cent. of the number dealt with -annually, the majority of which are disposed of by fine, whipping, or -committal to a Reformatory School. Of those cases in which the charge -is proved, though no order made for _conviction_ (about 35 per cent.) -the bulk of the cases are disposed of by Probation, Recognizances, -Dismissal, or committal to an Industrial School. Only in the number -who were placed on Probation, and in the number whipped, is there any -great variation since 1910 in statistics as to the manner in which -cases were dealt with, as shown above. In the case of probation, in -1910 3,568 cases or 10·6 per cent. of the total dealt with, were so -disposed of: in 1918, the number had risen to 5,868, or 11·8 per cent. -of the total. A large rise is shown in the number who were whipped, -_viz_:--1,562 in the former year, and 3,593 in the latter, or 11·9 and -13·1 per cent, respectively, of the total _convicted_. In 1913 (the -latest figures available), 6,972 children and young persons, dealt with -in Juvenile Courts, were committed to Places of Detention, 4,073 of -whom were on remand, 1,910 to await removal to Industrial Schools, 11 -to await trial, and 147 under sentence. Nearly sixty per cent. of the -total cases were committed from the Metropolitan Police District and -Liverpool. - -Public concern is not, however, only with the delinquent child. It -is also with the many thousands of children who are the subject of -physical or mental defect, or of insufficient care and supervision -during the age of adolescence. During that period, after having left -the public elementary schools, boys and girls are thrown into the outer -world to earn what wages they can without regard either to the special -aptitude they may possess, or to any security that the occupation they -choose is one in which they have any chance of remaining permanently -employed. It has become manifest to those dealing with young offenders -on discharge from Prison, or other Institutions, that one of the -principal causes leading to the commission of criminal acts is to be -found in what is generally known as "blind-alley" employment, _i.e._, -employment obtained casually and thoughtlessly by young persons on -leaving school in which they cannot be maintained on attaining maturity. - -It was not till 1893, or more than twenty years after the principle -of compulsory elementary education had been established, that Blind -and Deaf children were made the special concern of the legislation. It -was later still than this that the case of the Defective and Epileptic -child engaged the attention of Parliament; but the Elementary Education -(Defective and Epileptic Children) Act, 1899, did not go beyond -prescribing that it should be the duty of the Local Education Authority -to ascertain the existence of such children. It was left to the option -of the Local Authorities whether or not the provisions of the Act -for their special treatment should be adopted, and a large number of -Education Authorities failed to respond. - -The Mental Deficiency Act, 1913, however, makes it the duty of every -Local Education Authority - - (1) to ascertain the existence of mental defect of such kind or degree - as to justify the diagnosis of feeble-mindedness, imbecility, or - idiocy; - - (2) to determine whether a child diagnosed as feeble-minded is or is - not capable of benefiting from education in a Special School, and; - - (3) to notify to the Local Authority under the Act, all defective - children over the age of seven (_a_) who are incapable of education - in Special Schools; (_b_) who, though educable, are detrimental to - other children; (_c_) who require supervision or guardianship under - the Mental Deficiency Act, or (_d_) who after leaving a Special School - need institutional treatment or guardianship. - -Under the Elementary Education (Defective and Epileptic) Children -Act, 1914, every Local Education Authority is compelled to notify -all mentally defective children; and to provide for the education -of those who are capable of profiting by instruction, the number -of whom (excluding idiots, imbeciles, and the lowest grade of the -feeble-minded) is estimated at over 30,000. - -As a security against "blind-alley" employment, and its consequent -dangers, a well-organized movement is now in progress throughout the -country by the establishment of Juvenile Employment bureaux and Labour -Exchanges, and by the setting-up of Advisory Committees in connection -with Education Authorities to secure advice, and guidance, and control -during the perilous age of adolescence. The Education Act, 1918, made -provision for raising the compulsory age for 'full-time' attendance -at a Public Elementary School from 12 to 14, and also for compulsory -attendance at continuation schools between the ages of 14 and 18. The -Act also contains drastic provisions restricting child labour during -such hours as interfere with efficient instruction. The determination -that the youth of this country should not only be saved from a criminal -career, but should have opportunities, suited to the age, for the -development of character, is found in the widely spread organizations -of Boy Scouts, Boys' Brigades, and other kindred associations. - -It is in this movement of voluntary personal service, on the part of -the earnest men and women, engaged in all these works and acting in -the highest sense of patriotism and public duty, that the hope of the -solution of the criminal problem lies in the future; and it is for this -reason that I have adverted shortly to a movement that is proceeding in -this country at the present time for the better nurture and education, -and control of all that enormous number of boys and girls who, though -they must profit to a certain extent under a system of free compulsory -education, will not be transformed by education alone into useful and -honest citizenship. Side by side with the machinery of the public -elementary school system, there must be agencies at work of which the -high purpose is not only to secure that the defective child shall be -treated in accordance with scientific method, and that the pauper -child shall not have less favourable opportunity than his fellows, -but that all classes of children after satisfying the standard of -literacy ordained by the school authority, shall, during the period -of adolescence, be subject to such influences as shall secure them, -when they attain maturity, a fair chance in the competition of life. -Therein lies the prophylactic of crime. No Prison Authority can be -indifferent to the great social effort now being made, the effect of -which is perhaps already visible in the diminishing number of young -persons convicted of crime. In future years, it is hoped that it will -not be a commonplace, as it is now, for many old offenders to attribute -their downfall, and their persistence in a criminal career, to neglect -during infancy and early youth, and to the absence of any controlling -influence to save them during the initial years preceding maturity -from acts of mischief, or of fraud, until Prison, as the automatic and -unvarying penalty, destroyed in them the germs of hope and confidence, -and self-respect, without which a foothold in honest life could with -difficulty be regained. - - -(2) THE PROBATION ACT, 1907:-- - -Former International Prison Congresses pronounced in favour of the -provisional sentence ("_sentence provisoire_"). By this is meant in -foreign codes what is generally known as a "conditional conviction," -_i.e._, a conviction takes place, but is not carried into effect, -conditionally on the good conduct of the offender during a term of -years (generally five) prescribed by the law. This respite is known -technically as "_sursis à l'exécution de la peine_." The principle of -conditional conviction is common to most penal codes, but operates -in different ways, _e.g._, it may take the form simply of judicial -reprimand, or of being bound over to be of good behaviour, or of -probation, as in England and America, or of respite in the execution of -the sentence, as in France, Belgium, and Switzerland. The Continental -law of "_sursis_" or "_respite_" differs from the English law of -Probation in that in the former case there is always a conviction. -In England, except in serious cases tried on indictment, there is no -conviction. The English law gives power if the court, "having regard -to the character, antecedents, age, health, or mental condition of -the person charged, or to the trivial nature of the offence, or to -the extenuating circumstances under which the offence was committed, -thinks fit so to act, to discharge the offender conditionally on his -entering into a recognisance, with or without sureties, to be of good -behaviour and to appear for conviction" (if before a court of summary -jurisdiction) "and sentence when called on at any time during such -period, not exceeding three years, as may be specified in the order." -Such a recognisance may contain the condition that the offender -shall be under the supervision of a probation officer. The court may -add further conditions with respect to residence, abstention from -intoxicating liquor, and any other matter which, having regard to the -particular circumstances of the case, it may consider necessary for the -prevention of the same offence, or the commission of other offences. - -It is the duty of the probation officer, subject to the directions of -the court-- - - "(_a_) to visit or receive reports from the person under supervision - at such reasonable intervals as may be specified in the probation - order, or subject thereto as the probation officer may think fit; - - "(_b_) to see that he observes the conditions of his recognisance; - - "(_c_) to report to the court as to his behaviour; - - "(_d_) to advise, assist, and befriend him, and, when necessary, to - endeavour to find him suitable employment." - -Should the probationer commit fresh offences, or evade the supervision -of the probation officer, or otherwise break any of the conditions -of his recognisance, he is to be brought again before the court and -sentenced for his original offence. - -The Probation Act, therefore, provides a method by which a person who -has offended against the law, instead of being punished by imprisonment -or fine, or, in the case of a child, being sent for a prolonged period -to a reformatory or an industrial school, may be brought under the -direct personal influence of a man or woman chosen for excellence -of character and for strength of personal influence; and, lending -authority to that supervision, and securing that it shall not be -treated as a thing of little account, the Act keeps suspended over the -offender the penalties of the law, to be inflicted or to be withdrawn -according as his conduct during the specified period is bad or good. - -The new procedure, under the Act of 1907, marks a great advance. The -formality of the Probation Order, regular visits and reports, and the -knowledge that the supervision is that of a duly appointed officer of -the Court,--all these things combine to secure a much stronger hold -over the offender than the simple recognizance, which was previously -the rule. Again, the Act provides for the appointment of officers at a -number of Courts which had not previously been provided with the means -of securing supervision in cases where the Courts desired not to resort -to the penalty of imprisonment. The appointment of at least one paid -Probation Officer at every Court may now be regarded as indispensable -for the proper administration of justice. Their appointment, however, -is not compulsory, and it is only in the Metropolis that they are -appointed by the Secretary of State. It is within the discretion of -other Courts whether or not they shall avail themselves of the services -of a Probation Officer. In fact, many Courts of Summary Jurisdiction -throughout the Country are still unprovided for. - -The extent to which Probation Orders are applied varies to a great -extent in different parts of the country. In the Metropolis, not -more than one in seventy-eight out of the total number of persons -proceeded against summarily was so dealt with in 1913. At Liverpool -and Manchester, it is less than this, while in Hull and Birmingham, -it is greater. Though many years have elapsed since the passing of the -Act, there is still a comparative inactivity on the part of many of the -Courts to give effect to its provisions, and many do not yet appear -to have fully realized that the Act may be applied to all classes -of offenders, and not only to first offenders, as was formerly the -case. Moreover, the fact that the Probation System has been actively -advocated by those specially interested in the treatment of Juvenile -Offenders has led to a general opinion that the measure is to be used -only in the case of the young. But in fact there are a great number of -cases in which the offender is neither a first offender nor a child, -but in which a Probation Order could very properly be made. Time will, -no doubt, remove this misunderstanding, and when the Courts realize -what assistance can be rendered to the administration of justice by -judicious use of the Probation System, it is nearly certain that -Probation Officers--male and female--for the younger as for the older -prisoners, will become an established part of the machinery of every -Court. The Probation Act, 1907, repealed Section 16 of the Summary -Jurisdiction Act, 1879, and the Probation of First Offenders Act, -1887. The Summary Jurisdiction Act, 1879, provided by Sec. 16 (1) that -where the charge, though proved, was of a trifling nature, the Court, -_without proceeding to conviction_, might dismiss it, and _might_ order -the defendant to pay damage not exceeding 40/- and costs; by Sec. 16 -(2) that _on conviction_ the Court might order the defendant to give -security with or without sureties, and with or without payment of -damage or costs. - -The Act of 1887 provided that the Court, before whom a person, not -previously convicted, was brought, and who was convicted of larceny -or false pretences, might, having regard to the youth, character and -antecedents &c. of the offender, or to the trivial nature of the -offence, direct that he be released on entering into recognizances, &c. -to come up for judgment when called upon, and to be of good behaviour. -If he failed to observe any of the conditions of his recognizance -he was liable to be brought up to answer as to his conduct, and to -receive judgment. - -The Act of 1907, in lieu of the foregoing, provides that when any -offender is charged before a Court of Summary Jurisdiction with an -offence punishable by such Court, and the Court thinks the charge is -proved, it may nevertheless dismiss the charge altogether, or may bind -the offender over, with or without sureties, to appear for conviction -and sentence when called on at any time during a specified period not -exceeding three years, if it "is of opinion that, having regard to the -character, antecedents, age, health, or mental condition of the person -charged, or to the trivial nature of the offence, or to the extenuating -circumstances under which the offence was committed, it is inexpedient -to inflict any punishment or any other than a nominal punishment, or -that it is expedient to release the offender on probation." - -If such an order is made, or if the charge is dismissed under the Act, -the Court may further order the offender "to pay such damages for -injury or compensation for loss (not exceeding in the case of a Court -of Summary Jurisdiction ten pounds, or, if a higher limit is fixed by -any enactment relating to the offence, that higher limit), and to pay -such costs of the proceedings as the Court thinks reasonable." - -The powers granted under the latter Act were thus wider in their scope, -and it was hoped that they would be used with greater frequency, and -with better guarantee of good results by the appointment of Probation -Officers, as prescribed by the Act. But at the present time, statistics -do not show that the principle of Probation has been as widely extended -in consequence of these provisions, as might have been expected. The -numbers so dealt with in 1907 (the year before the Act came into -operation) and those for the last recorded year (1918) are as follows:-- - - 1907 Probation of First Offenders Act, 1887 8,097 - " Summary Jurisdiction Act, 1879, Sec. 16 (1) 45,195 - " " " " " Sec. 16 (2) 8,205 - ------- - Total 61,497 - ------- - (or 8.2 per cent of the total number proceeded against). - - 1918 Probation Act. 1907:-- - Tried on indictment (conviction recorded):-- - Recognizances, with Probation Order 443} - " without " " 652} 1,095 - Tried summarily: Order made, without conviction for:-- - (_a_) Dismissal 26,231} - (_b_) Recognizances 11,284} 48,761 - (_c_) Probation Order 11,246} - Total 49,856 - ------- - (or 11·5 per cent of the total number proceeded against). - -Owing to differences in the law and of procedure, it is difficult, -if not impossible, to make comparison between England and Foreign -Countries as to the extent to which Probation in the former, -and "_sursis_" in the latter is being used as an alternative to -imprisonment. So far as my researches have enabled me to go, I would -venture the opinion that "_sursis_" is being used to a considerably -larger extent in France, Belgium, and Italy than Probation is being -used in England. There are, moreover, I believe, no statistics for -comparing the results of the two systems. We know that in England the -percentage of revocations is not more than about 6, the actual numbers -having been as follows for the five years ended 1913:-- - - ------------------------+------------------------ - Probation | Number who appeared - Orders made. | for sentence. - ------------------------+------------------------ - 1909 8,962 624 - 1910 10,217 584 - 1911 9,516 593 - 1912 11,192 655 - 1913 11,057 603 - ------------------------------------------------- - -The effect of suspended sentence ("_sursis_"), without probationary -oversight, was declared at the Washington Congress to be difficult, -if not impossible, to ascertain, and the Congress went further in -resolving that it was desirable for each State or County to provide -a Central Authority to appoint some agency to exercise general -supervision over Probation work. This is now the case in the State -of New York, where a State Probation Commission has been appointed, -and where, since 1910, as the consequence of good organization, there -has been a great extension of the operation of the system. My own -opinion is that Probation, carefully organized, _i.e._, with a staff -of carefully selected Probation Officers, both Male and Female, is, -as I have already stated, an indispensable part of the machinery of -criminal justice, and, as such, ought to be under the direct control -and supervision of the State, not with the idea of hindering or -impeding voluntary effort by official interference, but by securing -that each Court shall have its proper equipment for this purpose, and -that, in every case where there is a transgression of the conditions -of Probation, there shall be, without fail, an immediate report to the -Court entailing an effective punishment of the offender who has refused -to profit by the clemency extended to him under the Probation Act. I -do not think, so long as the institution of this valuable machinery is -permissive and left to the discretion of the Court, that a full effect -will ever be given to the admirable principles of the Probation System, -as a handmaid of justice, or that there will be a sufficient guarantee, -that where a Court has used its powers in this respect, there shall -be a prompt and effective vindication of the law in the event of any -breach of conditions. In this way only, can an answer be made to any -criticism by the many persons who have attempted, by their experience -in individual cases, to suggest that Probation may be merely a mask -for impunity. Unless Probation is so organized as to clear itself from -this reproach, I am afraid that it will never take its place firmly and -progressively as a necessary and indispensable weapon in the armoury of -the criminal law. - -The Home Secretary has recently appointed a Committee to inquire into -the question of the organization of Probation; and it is likely that we -are on the eve of an extensive development of the system. - - - - -CHAPTER X. - -FEMALE OFFENDERS. - - -At the date of the London Congress of 1872 there were more than 1,200 -females in convict prisons undergoing penal servitude: to-day there are -less than 100. In the same year, there were 44,554 committals to local -prisons, representing 382·3 per 100,000 of the female population of the -country. For each of the ten years ended 1913, the committals steadily -decreased from, roughly, 50,000 to 30,000, and since that date, to -about 12,000, or 76 per cent., representing in 1920 only 32 per 100,000 -of the population of the country, as compared with 198 in 1913. The -Local Prison daily average population has fallen from 3,198 to 2,375 -during the ten years ended 1913-14, and to 1,137 in 1919-20, or 61 per -cent., and that of the convict population from 149 to 82, a decrease of -45 per cent. - -The great diminution of the female population has resulted in the -closing of a large number of establishments. At the time the Prisons -were taken over by the Government there were about 100 female prisons; -to-day there are only 26, and of these only six had a daily average -exceeding 50 in 1919-20. - -Women sentenced to penal servitude are, as already stated, kept in a -section of the local prison at Liverpool. Except in the Metropolis, -those sentenced to ordinary imprisonment are kept in wings of local -prisons, entirely detached from the male side, and are under the -supervision of a matron, assisted by a female staff, the Governor -of the whole establishment being responsible for general order and -discipline. In the Metropolis, a large prison--Holloway--is given up -entirely to the custody of female convicted prisoners, and is also the -House of Detention for the unconvicted. The Governor is a medical man. -At the largest Prisons the female population is under the supervision -of a Lady Superintendent. - -If we examine the causes that bring these women to prison annually, -whether the population be high or low, it appears that nearly -two-thirds are committed for Drunkenness or Prostitution. Each -succeeding year presents a heavy and monotonous list of women who -thieve, keep brothels, neglect, or illtreat their children and offend -in various ways against the Vagrancy Laws or Police Regulations. For -such offences, the figures of recidivism are appalling--about one in -every five committed having incurred over 20 previous convictions--some -as many as 100 or 200. The actual percentage of the total receptions -annually who have been previously convicted is greater in the case of -females than for males, the former ranging between 70 and 75 per cent., -and the latter between 50 and 60 per cent, annually. - -A striking illustration of the high rate of recidivism prevailing among -the female population was afforded a few years ago, when an inquiry -was instituted as to the numbers of women committed to Holloway Prison -for Drunkenness, and their previous convictions for that offence. It -showed that during the three years ended 1915, 10,888 committals for -Drunkenness were recorded against 1,628 women, who, including the above -convictions and those incurred _prior to 1913_, had on their combined -records a total of 30,986 convictions. Of these 1,628 individual -prisoners:-- - - 1,092 were received in 1913, incurring in that year 2,768 convictions, - - 1,045 were received in 1914, incurring in that year 3,931 convictions, - - 813 were received in 1915, incurring in that year 4,189 convictions. - -Amongst the 1,628 women was selected a group of 25, who, at the end -of 1915, had each received ten or more convictions for this offence. -All were stated to have been first offenders in 1913 and 1914. By the -end of 1915, these 25 women had amassed a total of 353 convictions. -This inquiry showed that in 1915 a falling population committed for -Drunkenness was contributing more convictions per annum than formerly, -_viz_:--5 per annum in 1915 as compared with 2.6 in 1913. The high -rate of recidivism in the Local prison population limits the number of -_individual_ women in the community who are sent to prison annually to -a comparatively small total. Statistics show that over 32 per cent. -of the total committed on conviction in a given year are sent to -prison more than once in that period. This rate applied to the total -receptions for 1919-20 would show that the whole Female population of -prisons for that year was limited to slightly over 8,000 individuals. - -It does not appear that until recently any special effort had been made -to deal with the problem of the female recidivist: in fact, the study -of the English Penal System does not show that at any time the method -of dealing with criminal women has engaged that close attention which -might have been expected from the nature and difficulty and importance -of the problem. The law strikes men and women indifferently with the -same penalties of penal servitude and imprisonment. In the case of -women it only provides that they shall be separated from the other sex: -that they shall be in the charge of female officers, and that they -shall be relieved from the harder forms of labour. Generally speaking, -the methods of punishment are the same, subject to such modification -and exceptions as difference of sex obviously demands. This is not the -place to examine those abstruse, psychological, and social causes which -render the rehabilitation in honest life of women who have fallen from -their high estate of probity and virtue so difficult. Prison workers -can, from painful and almost daily experience, endorse the despairing -plaint-- - - "L'honneur est comme une île, escarpée et sans bords, - On n'y peut plus rentrer, quand on est dehors." - -But the admitted difficulty of the task has not prevented the most -strenuous efforts being made in this country during recent years to -rescue the female prisoner by visitation in Prison and by after-care -on discharge. In 1901 the Lady Visitors' Association was founded with -the object of securing at each Prison a body of earnest and devoted -ladies, with experience of rescue-work and a keen sympathy with even -the most degraded of their sex. This body worked for many years under -the presidency of Adeline, Duchess of Bedford, until her much lamented -death which recently occurred. These ladies working in all the female -prisons, local and convict, under a regular and approved system, by -their unfailing devotion to the quiet, if trying and inglorious, duty -of cellular visitation, and in close co-operation with the authorities, -lay and religious, have discharged a great and difficult public duty. -They have undoubtedly contributed to that decrease in the number of -female prisoners which recent statistics illustrate. Apart from this, -they have furnished a notable example of high christian endeavour, and -many prisoners owe their reclamation to the light from the torch of -promise which these Visitors hold high in their work of encouragement -and persuasion to turn from the paths of crime and evil-doing. - -Lady Visitors are appointed by the Commissioners, subject to the -concurrence of the Visiting Committee and of the Prison Authorities, -with a view to the regular and systematic visitation of _all_ Female -prisoners, soon after reception, during sentence, and shortly before -discharge. - -In order that the assistance of Lady Visitors may be utilised to the -fullest extent, Governors, Matrons, and Chaplains are instructed to -inform all female prisoners, and to encourage them to avail themselves -of the privilege within their reach. - -It is the duty of the Chaplain at each Prison to endeavour to secure a -sufficient number of Lady Visitors to attend to the needs of all female -prisoners, and to take care, by a judicious distribution of duties, -that all deserving cases receive consideration, and that no conflict -or competition arises in the attention given to any individual case. -As it is obvious that most practical good is likely to follow the -ministrations of the Lady Visitors if their attention is concentrated -mainly on the welfare of the prisoners on discharge, and if any -influence that may be acquired over the prisoners while in prison is to -be continued after release, it is desirable, in this connection, that -use should be made of the services of any ladies who may be attached to -the Discharged Prisoners' Aid Society. In order to secure the better -direction of the services of Lady Visitors, and to avoid any clashing -of duties, it has been found advisable that their work should be under -the guidance of the Chaplain or Prison Minister. - -Arrangements may be made for a Lady Visitor to deliver, or arrange for, -addresses or lectures, to selected classes of prisoners, on any moral -or useful subject. - -A book is kept for the use of Lady Visitors, in which they may make any -record they think desirable as to the action taken by them in regard -to any prisoner, and in which they may enter any suggestion they may -have to offer with regard to the industries on which prisoners could be -employed, having regard to the needs of the locality and their welfare -on discharge. - -But it is to concentration of effort on the younger cases that the -most fruitful and lasting results must be due. The application of the -Borstal System to the young female, is being strenuously pursued at -the Aylesbury Institution and is full of promise for the future. Here -again the Prison authority relies greatly on the influence and aid of -voluntary lady workers both inside the Institution and on discharge. -The Visiting Committee, over which a lady presides, in addition to -duties, judicial and other, prescribed by statute, take a keen personal -interest in the work of the Institution,--laundry and domestic work, -cooking classes, gardening, drill, school,--and make themselves -acquainted with the personal character and history of the inmates. -These, on discharge, pass into the hands of a Ladies' Committee of the -Borstal Association who have already made the preliminary arrangements -necessary for suitable disposal. As a rule, a girl passes straight -to work, be it domestic service, or factory, or workshop. A social -worker in the district, who places her services at the disposal of the -Association, and known as an "Associate," is placed in touch with the -case, for help or advice at any time. If possible, also, arrangements -are made that the girl may benefit by association with any guild, club, -or adult school, under the influence of which a relapse into idle or -criminal habits might be prevented. - -The Annual Reports of the Borstal Association show that on an average -about 59 per cent. of girls discharged annually from Aylesbury are -reported as satisfactory at the end of the year; 30 per cent. as -unsatisfactory, and about 11 per cent. as having been reconvicted. - -On the question of permanency of results of Borstal treatment, the -following figures will be of interest:--132 girls were discharged from -Aylesbury between 1st January, 1910, and 31st March 1914. In 1915 their -records showed that 75 (or 56.8 per cent.) had not since been reported -as reconvicted, and were satisfactory when last heard of; 17 (or 12.9 -per cent.) were unsatisfactory when last heard of, but had not been -reported as reconvicted; 35 (or 26.5 per cent.) had been reported as -reconvicted; 2 had died; and 3 were sent to asylums. That is to say, -over 69 per cent. had not been reported as reconvicted. - -These figures are full of hope for the future when it is considered -with what material we are dealing. It is nearly, if not quite, certain -that if, as was till lately the case, these girls had on the occasion -of each repeated offence, been made subject to a mere repetition of -short sentences of imprisonment in the Local Prisons, they would, -without exception, have drifted hopelessly and inevitably into the -ranks of "professional" recidivism. To pick up and save even one from -such a fate is a great and praiseworthy act, bringing as much honour to -the worker who achieves it, as advantage to the community, which is at -least freed from this one contaminating and hurtful influence: but to -save even more than half, and as time goes on, it is hoped even more -than that, is a work, not only of substantial material benefit to the -State, and in that way patriotic in the best sense of the word, but a -splendid example of human charity and effort, which is determined that -these young erring creatures shall not glide down the easy current of -shame and dishonour without at least an attempt to rescue and save. - -As in the case of male offenders, there is also in operation at all -Prisons, a "Modified" Borstal System for females, which may be applied -up to the age of 25. The later age than in the case of males is due -to the great desire of the Commissioners to segregate, as far as -practicable, all young females from the contamination which experience -shows must arise from any association with the older females, versed -in crime and ever ready to corrupt, by their precept and example, the -younger ones, who are still hesitating which path to choose. - -The instructions regulating this class provide that cases up to the age -of 25 may be admitted if the Authorities at the Prison are of opinion -that benefit would result therefrom, and that no prejudicial influence -would be exerted on younger inmates in the class. Admission to the -class up to the age of 21 is the rule rather than the exception, but -in any case where it is shown that a girl has rejected former efforts -made to reclaim her, or that she is known to be likely to exert a -corrupting influence on others, or that her manner or disposition, or -previous history, are such as to make it probable that she will do -so, the Authorities are empowered to exclude her from the class. The -rules provide that such cases as are excluded shall be kept apart, as -far as possible, from adult recidivist prisoners, and may, if thought -desirable, receive special treatment. Care is to be taken that no -prisoner shall be allowed to think that she is considered to be past -hope or cure. - -It is not likely, of course, that the same results can be obtained by -the application of the "Modified" System to short sentences in local -prisons, but there is satisfactory proof that the "individualization" -of each case as it comes to prison, the care and attention given, the -encouragement of any showing the least symptom of a desire to reform, -are bearing fruit. - -The fall in the annual number of young women, 16-21, received into -prison on conviction, which has taken place during the fifteen years -prior to the War, _viz_:--from 2,310 to 858, or 63 per cent., may -be largely attributable to this special work in Prisons. It is to -be regretted that during the War there has been a tendency for this -particular age category to increase, the number received last year -having risen to 1,098. But it may confidently be expected that with -a return to normal conditions, this total will again decrease. Had -not the terrible calamity of War impeded progress, steps would have -been taken earlier to greatly improve and develop the State methods -of dealing with young female offenders; but, as already stated, in -view of the remarkable fall in the number of women sentenced to penal -servitude, it has lately been found possible to transfer the female -convicts from Aylesbury to a Wing of Liverpool prison, thus releasing -the establishment entirely for use as an Institution under the Borstal -Act. The powers conferred by this Act are largely extended by Section -10 of the Criminal Justice Administration Act, 1914. Whereas the former -Act applies only to persons of criminal habits or tendencies convicted -on indictment, this Section allows a sentence of detention in a Borstal -Institution to be imposed in a case where an offender is summarily -convicted of an offence for which a sentence of one month or upwards, -without the option of a fine, can be imposed, but before an offender -can be dealt with under this Section, it must _appear_ that there is -criminal habit or tendency, and it must be _proved_ that there has been -a previous conviction of an offence or a failure to observe a condition -of recognizance on being discharged on probation. This same Act also -raises the minimum period of detention in a Borstal Institution to two -years, and increases the period during which a case may be kept under -supervision after discharge. - -Owing to this extension of powers under the Borstal Act a larger number -of young women offenders are now falling within the meshes of the net, -thus widely and wisely spread, the daily average having risen from 87 -to 184. - -In anticipation of such an increase, an extension of the scope of -employment under skilled superintendence is being gradually introduced. -Work in the open air, gardening, farm-work, tending poultry and stock, -will be specially encouraged. - -It is devoutly to be hoped that as the Borstal System for women -develops, the march of the annual army of female recidivists -through the prisons may be arrested. It can only be stopped by -the concentration of a great effort, legal, official, and moral, -on the young female offender. The easy irresponsible method of -awarding sentences of a few days or weeks for repeated offences of a -trivial nature is no remedy for the evil. The Borstal System catches -comparatively few of these cases. If the age were extended, say to -30, in the case of women, and the principle of Reformatory sentences -were approved by Parliament in every case where criminal tendency was -observable, and a State Reformatory for this purpose were established, -as it has lately been established in some States of America, then -there might be some hope of rescuing from crime a larger percentage -of women than is likely, or even possible, under the present system. -By the daily operation of the law, sending these cases repeatedly and -hopelessly to Prison, and from the present limitation of age (21) for -the admission of women offenders to special reformatory treatment -(_i.e._, under periods of detention long enough to give a chance of -eradicating the evil tendency), no really great impression is going to -be made on the girl or woman offender. The heavy roll of commitments -to Prison and re-commitments will only cease when the State boldly -recognizes the essential difference between the instincts and motives -leading to criminal acts in the two sexes, and adapts its method of -punishment and reformation accordingly. - -The desirability of employing women for the superintendence and control -of female prisoners is recognized. At the time when the Departmental -Committee on Prisons, 1895, made their report, nearly 50,000 women were -being committed annually to Prison, but that Committee did not consider -that "the time of a Lady Inspector of Prisons would be sufficiently -employed, but thought that a Lady Superintendent might be appointed who -could not only do the ordinary work of inspection, but who could also -be responsible for the general supervision of female prison industry, -and for such other duty as the Secretary of State might consider it -desirable to assign her." Since that date the annual committals have -fallen by 78 per cent., the total commitments for last year being only -12,000; but the Commissioners have, for a considerable time, been -assisted by a Lady Inspector of Prisons, and at each female prison -there is a voluntary body of Lady Visitors, whose duties are referred -to above; the welfare of young girls at the Aylesbury Institution, both -during detention and on release, is the subject of anxious care and -supervision by Lady Members of the Visiting Committee. Lately a new -rank of Lady Superintendent has been created among the discipline staff -of the largest female prisons. The presence of Ladies on the Visiting -Committees of Prisons is in every way desirable, and it is hoped that, -in the near future, the qualification of Justice of the Peace having -been extended to the female sex, all Prisons for females may be subject -to the visitation and jurisdiction of Lady Justices. It is recognized -also that the medical care of females in penal institutions should be -entrusted to Lady Doctors. We have been fortunate in securing very able -and highly skilled women both at Holloway and Aylesbury, and their -appointment has been an undoubted success. - - - - -CHAPTER XI - -EDUCATIVE, MORAL, AND RELIGIOUS INFLUENCES IN PRISON. - - -In a former Chapter I have referred generally to the efforts made in -English Prisons to apply such methods as are practicable, having regard -to the average shortness of sentences, and to the fugitive character of -the population, for the uplifting of prisoners educationally, morally, -and spiritually. - -It is a commonplace, dating from the middle of the eighteenth century, -that we must educate our prisoners, as it was also the common -injunction that we must inspire them with the teachings of religion, -and the habit of industry. - -At a time when education was the privilege of the few, and no national -system was in existence, and when the average length of sentence gave -opportunity for methodical and continuous teaching, it was reasonable -that advantage should be taken of a long period of enforced custody -to establish a system, where, at least, the many illiterates coming -to prison could be taught the simple lessons of reading, writing, and -arithmetic. - -Records, however, do not show that before all prisons passed under -the control of the Government a very serious effort had been made -to grapple even with illiteracy, to say nothing of schooling in -the more advanced subjects. When the Local Prisons were taken over -by the Government in 1878, there were only 50 schoolmasters in 113 -prisons. 'Hard Labour' was the dominant note in prison administration, -regardless of the obvious fact that simple manual labour unaided by -the increased aptitude that follows upon even a moderate cultivation -of the mind, will not rehabilitate a man or enable him to rise to a -higher level of existence. Half-an-hour a week, or even a quarter of -an hour, was all that could be set aside from the demands of labour -for such a purpose as teaching a prisoner to read or write, or perform -those simple calculations in money, by which he could regulate the -spending power of his wages, or estimate his domestic budget. - -No great advance was made even after the Government assumed control, -though the subject of education in prison was, on more than one -occasion, the subject of special inquiry. - -Even at that time, the question was considered whether the passing -of the Compulsory Education Act in 1870 had not relieved the Prison -Authority of the duty of adult teaching in its elementary sense, and -whether it might not be assumed that all persons coming in later life -to prison had acquired a sufficient learning in elementary subjects in -the National schools. But statistics showed that in 1880 the number of -illiterates coming to prison was practically the same as before the -passing of the Act--about 33 percent., while the number of those who -could only read and write imperfectly was no less than 62 per cent. It -was obvious that some years must elapse before elementary teaching in -Prisons could be dispensed with. If we examine statistics since 1880, -it is true that we find a large decrease in the number of illiterates -coming to prison. In 1890 there were 37,000 committed who could neither -read nor write: in 1900, 28,000, and in 1913 (the last recorded year) -the number had fallen to 18,000,--representing for each year 25, 19, -and 13 per cent. of the total committals, respectively. The bulk of the -prisoners fall within the category of those who "can read and write -imperfectly, or with moderate proficiency," and concurrently with the -decrease in the proportion of illiterates received, these have risen -from 72 per cent. in 1890, and 75 per cent. in 1900, to 82 per cent. in -1913. But the remarkable feature of these statistics is that, after 50 -years of compulsory education, over 18,000 should be committed annually -who are unable to read or write. These disappointing figures may be -explained in various ways. Either a large number of those forming the -criminal class, by reason of vagrancy and absence of settled home -and life, slip through the meshes of the educational net: or, in the -years between the school-leaving age and the apprenticeship of crime, -they forget all they have learnt: or the rudiments of learning are -not impressed with sufficient force and concentration in the tender -years, when impressions are most likely to remain. Educational experts -may argue as to this, but the fact remains that, judged by prison -statistics, our costly and elaborate system of public education is not -at least producing the results which were anticipated by those who -dared to think fifty years ago that elementary teaching would be no -longer required in Prisons; and so the Prison authority still remains -in a sense an educational authority; but the _rôle_ it plays is not -ambitious, and does not aim higher than to teach the illiterate to read -and write, and in the small space and opportunity given, to raise to a -higher standard those who are just a little better than illiterates. - -For many years all prisoners under the age of 40, and with sentences of -three months and over were taught in prison. Experience has, however, -shown that better results can be obtained by concentrating attention on -the young, and on them even if the sentence is quite short--more than -a month. The rule is now to confine education to those under 25 years -of age; with power to admit older prisoners to the privilege, where the -circumstances of the case would promise any practical result. - -At the present time, it is estimated that about 5,000 prisoners under -25 in a year, who on reception are below Grade III. of the National -Code pass through the schools, and, as a result of such education as -will be given, about 33 per cent. succeed in passing out of this Grade -in a year, while 74 per cent. pass one or more grades during the year. - -Our teaching staff is recruited from our own discipline staff. -Capable and intelligent warders are given the opportunity, subject -to satisfying the Civil Service Commissioners that they possess the -necessary literary requirements, of entering the Schoolmaster class. -Having passed such literary test, they are appointed for six months, -when their ability to teach is tested by the Chaplain of the Prison, -and then, subject to confirmation by the Chaplain-Inspector of Prisons, -they pass into the permanent Schoolmaster grade. - -It is not an ambitious scheme, nor is it pretended that our -Schoolmasters can compete in learning and ability to teach with the -trained teacher of our public schools; but, given the nature of the -task they have to perform with a fugitive class, many of whom are not -desirous to learn, or to re-learn what they have once been taught, it -may be stated that they adequately fulfil the purpose for which they -are appointed. - -Although the classes are now limited to the younger prisoners, there -is, of course, an infinite diversity in the standard of education, -ranging from the illiterate to the half-educated, and those who having, -perhaps, been taught, have forgotten what they once knew. Formerly, -education was given to each individual prisoner in cells; but now it is -given in class. The best plan would probably be to revert to cellular -teaching in the case of those who, from the absence of a common -standard of education, cannot usefully be taught in class. Here, again, -'individualization' is asked for. In the case of the younger prisoners, -now collected in depôts under the "Modified" Borstal System, we have -lately made arrangements with the local education Authority to lend us -a trained teacher, who comes in the evening after hours of labour, and -conducts what is of the nature of a "Continuation Class," the teaching -being adapted to the requirements of each. This plan has worked very -successfully and might, with advantage, be extended. The whole question -is now under consideration. - -But elementary teaching in prisons forms only a small part of the -moral influences which we seek to bring to bear in Prisons. The Prison -Libraries are stocked with suitable books both of technical instruction -and of general literature, and prisoners are encouraged to make full -use of them under the guidance of Chaplains and Schoolmasters. Note -books and pencils are provided for those who wish either to make a -special study of some particular subject, or to maintain knowledge -which they previously possessed; and if the necessary books are not -in the library, permission can be obtained for them to be supplied -by the prisoner or his friends. The privilege of selecting books -from the library is associated with the Progressive Stage System, -_i.e._, depends on industry and conduct, but, generally-speaking, -a well behaved prisoner would be allowed two books a week, in -addition to those which form a permanent part of his cell equipment, -_viz_:--devotional and school books, and books of moral and secular -instruction. Under this latter head, a Chaplain is given a wide -discretion to allow practically all kinds of books, except works -of fiction, _i.e._, histories, biography, and science, political, -social, and physical. Generally speaking, fiction would be reserved -as a privilege to be earned by good behaviour. Lectures calculated to -elevate and instruct prisoners are given from time to time either by -some member of the prison staff or by lecturers from outside. Such -lectures are given weekly during the winter months to those under -Borstal treatment and are frequently illustrated by lantern slides. -The subjects cover a wide range. Sometimes there is a description of -life in foreign or uncivilised countries, or an account of travel and -adventures by land, sea, or air, by men who are speaking of their own -personal experience; or a talk about the wonders of science. At other -times, they are of a more practical character and deal with various -trade processes, or domestic work, housekeeping, cooking, hygiene, and -so on. There is seldom any great difficulty in finding persons who are -experts in these and other subjects and who are very willing to place -their services at the disposal of the Chaplains. - -As a step beyond this, the experiment has been successful in large -prisons of allowing men to meet together under the presidency of the -Chaplain, or other official, for the purpose of a debate or discussion -on a subject chosen by themselves. The proceedings are conducted on -the lines of similar meetings in free life, and as long as due order -is maintained, there is no objection to the expression of natural -feelings. The object of these efforts is not merely educational. -Experience has shown that they have a psychological effect, which is -even of greater importance and value. They provide healthy food for -thought during many solitary hours, and so tend to prevent morbid -introspection, brooding over wrongs or worrying about family affairs; -they break the unavoidable monotony of institution life, and provide -a mental stimulus which is of the utmost value. But more than this, -the mere fact that a prisoner is trusted, if only for a short time, -to control himself without the restraint of authority, is of immense -value in building up that self-respect, without which restoration is -impossible. - -In addition to these lectures and classes which usually take place -in the evenings after working hours, selected prisoners may be -withdrawn from labour twice a week to attend Bible or other classes of -instruction conducted by the Chaplain. - -Recognising that the sanctions of religion are the true basis of all -reformatory work, every effort is made to render the daily Services -in Chapel as bright and instructive as possible. For this purpose, -frequent advantage is taken of the help of outside preachers, not -necessarily clergy, in the delivery of religious and moral addresses; -also choirs, singers and instrumentalists are invited to take part in -the Services. The Church Army is specially helpful in this way, and -also in sending their trained Evangelists at the invitation of the -Chaplains to conduct special Missions to prisoners. - -Every week a short resumé of the week's news is given by the Governor -or Chaplain, and this practice has been found to react favourably on -the temper and attitude of prisoners towards authority, as showing that -it is not desired to exclude them, though prisoners, from news of the -outside world. - -The annual reports of our Chaplains in nearly every prison, furnish -accounts of strenuous efforts, apart from their usual ministrations, -for the moral uplifting of their charges. The following is a summary -of such efforts recorded during twelve months at a large Metropolitan -Prison for males--an eight-day mission: 15 selected preachers occupied -the chapel pulpit: 7 attendances by Choral Societies, bands, &c.: 28 -special lecturers attended to give secular addresses to lads: a weekly -Bible Class or moral lecture to lads by the Chaplain: the organization -of a weekly debate among selected prisoners: the floral decoration of -the Chapel, &c. Besides all this, there is the personal interest in -the prisoner after his release, and many Chaplains and others speak of -a correspondence maintained which furnishes abundant testimony that -the labour of love during a prisoner's stay in prison has not been in -vain. Year by year this great volume of work goes on in our Prisons: -it is quietly and unostentatiously performed, and is probably little -known and insufficiently appreciated by the general public; and for -this reason a somewhat detailed account may not be out of place in an -Account of the Prison System of this country. - - - - -CHAPTER XII. - -LABOUR IN ENGLISH PRISONS. - - -A great change has taken place in the system of labour both in Convict -and Local Prisons during the last twenty-five years. In Convict Prisons -this change is due, not, as in Local Prisons, to a different policy or -to changes in the law, but to the fact that not only has there been a -great reduction in the number of persons sentenced to Penal Servitude, -but the opportunity for employment on what was known generally as -"Public Works," _e.g._, the excavations at Chatham, the breakwater at -Portland, the Dockyard extension at Portsmouth, the Forts at Borstal, -has largely disappeared. Such Works in the early days of the English -Convict system greatly facilitated the purpose of the Administration -by affording means for carrying into effect the object of a sentence -of Penal Servitude, which was to create a deterrent effect on the -prisoner himself by the execution of a hard day's work, to develop his -intelligence by his employment on interesting and productive labour -and to give facilities for acquiring a knowledge of all those trades -which the construction of such Works involved. Moreover, having regard -to the valuable character of the Works referred to, it was possible in -those days largely to recoup the cost of maintaining the Prisons. Thus -the value of the labour of convicts at Portland, Portsmouth, Chatham -and Borstal during the year 1880-1 amounted to £124,000, exclusive -of the value of what is known as the domestic service of Prisons, -such as baking, cooking, washing, &c., while the cost of maintaining -those Prisons in the same year was £147,000. It has never at any time -been regarded as an axiom in this country, however, that all prison -labour should be remunerative or that the primary object of a Prison -was to make it self-supporting, and for this reason, in those Prisons -controlled by the Government, (that is Convict Prisons only prior to -the Prison Act of 1877), the principle of competition with free labour -was not admitted on such a scale that reasonable ground of complaint -could arise as to undue interference with the outside market. The -"Contract" system by which goods are manufactured for outside firms -with the use of machinery, or under the supervision of the agents -of those firms, is unknown in English State Prisons; and from early -days to the present time, there has been no change of policy in this -respect. The largest prison in the country, Wormwood Scrubs, was built -entirely by convict labour, between 1874 and 1890. It has cellular -accommodation for 1418 prisoners. Most of the bricks were made by -prison labour on an adjacent site leased for the purpose. The massive -blocks of stone used for the chapel, gate, and other buildings were -quarried by convicts at Portland and Dartmoor: iron castings were -prepared at Chatham and Portland. The average cost per cell was £70. 7. 0, -as compared with a mean rate of £164 per cell paid to contractors -elsewhere. Although no Public Works of importance have been undertaken -for many years, the constant reconstruction of, and other works in -connection with, the Convict Prisons of Aylesbury, Portland, Dartmoor, -and Parkhurst have continued to engage a large percentage of the labour -at the disposal of the Authorities. Thus of the value of the labour -performed in Convict Prisons during 1912-13--a total of £63,000--more -than half was in connection with building and quarrying work, the rest -being divided between manufactures, farm and domestic service in the -proportion of £16,000, £5,000, and £9,000 respectively. Apart from the -fall in the numbers of the convict population, which now represents -not more than a daily average of 1,500 persons, (whereas in the period -of Public Works, strictly so called, to which I have referred, it was -about 10,000) there has been a remarkable change in the physique and -personnel of persons sentenced to penal servitude. From a medical -census of the inmates of Convict Prisons taken in 1881, no less than -three-fourths of the convicts were fit for hard labour of any kind, -while only about one-thirtieth, or rather more than three per cent., -were deemed unfit for any labour. An intermediate group of about -twenty-one per cent. were returned as fit for the lighter forms of -labour. A medical census of Convict Prisons taken in 1898 shows that -only fifty-six per cent. were fit for hard labour, while seven per -cent. were unfit for any labour and thirty-seven per cent. fit only for -light labour. The days are, therefore, past when Public Works can be -undertaken by large bodies of convicts either at the place of detention -itself or by transfer to other localities for this special purpose. -The last Public Work of this nature contemplated by the Government -was the building of the new harbour at Dover; but though the plan -advanced so far that a special prison was actually built at Dover for -the location of the necessary number of convicts, the idea was not -proceeded with chiefly on account of the great delay and slowness of -building operations which is inseparable from the employment of convict -labour. The result is that with the exception of quarrying stone, -which is still a distinctive feature of the convict labour at Portland -and Dartmoor, and reclaiming land for farming purposes (Dartmoor and -Parkhurst), the character of the labour in Convict Prisons is more -and more approximating to that in Local Prisons. Thus, if we compare -the work carried on at the Local Prison of Wormwood Scrubs and at -Parkhurst at the present time, we should find that much of the work was -practically the same for those undergoing the longer sentences, _e.g._, -a considerable number at each Prison would be employed as tailors, -smiths and fitters, shoemakers, bricklayers, labourers and carpenters. -In Convict Prisons, however, there was till recently no cellular -labour, and the hours of labour and the whole system of Administration -were adapted to the principle of outdoor associated labour. Now that -the quarries employ a continuously diminishing number, the system -of labour in both Convict and Local Prisons will be more and more -assimilated. - -Labour in Local Prisons has quite a different history. These Prisons -did not come under Government control till 1878. The want of uniformity -in their management, leading to an inequality of punishment in -different parts of the country, was one of the principal arguments -used for the centralization of all Prisons in the hands of the State; -and it was specially marked in the matter of Prison labour. The -Parliamentary inquiry of 1863, which led to the passing of the Prison -Act 1865, while Local Prisons were still under the control of the -Local Authorities, laid great stress on this point. In some Prisons, -there was complete idleness: in some, unregulated association: in some -an active industry conducted with a view to commercial profit: and, -in some, a close and melancholy adherence to the rule of separate -confinement and its concomitant hard labour. Although, as before -stated, the phrase "hard labour" was adopted in Acts of Parliament -since the middle of the 18th century, its meaning has never been -accurately defined, and there was consequently a great variety in -its application. The Prison Act of 1865 attempted to define it, and -enacted that hard labour was to be of two classes. First Class,--mainly -treadmill, shot drill, crank, capstan, stonebreaking, to which every -male prisoner of the age of sixteen and upwards, sentenced to hard -labour, was required to be kept for at least three months and might be -kept for the whole of his sentence. Any other approved kind of labour -was called Second Class. This meant practically all forms of prison -employment exclusive of the special forms of penal labour prescribed -for the First Class. When the prisons were taken over by the Government -under the Act of 1877 it was found that at some Prisons, _e.g._ -Winchester, practically the whole of the population were employed in -pumping, grinding and oakum picking. At Oxford, the treadmill, shot -drill and capstan were the order of the day. At Devizes, sixty-two -out of seventy-eight prisoners were engaged on the treadmill or on -oakum picking. At other Prisons the question of providing remunerative -employment received the keenest attention. One Prison competed with -another in finding a market for its produce. Governors and Officers -were encouraged to take an active interest in trade by bonuses or -other payments and the amount of trade profit was taken largely into -account by the Magistrates in dealing with applications for increase of -pay. At Wakefield an extensive mat trade was carried on in which the -sale averaged £40,000 a year. Steam-power was employed. A commercial -traveller was appointed to sell the goods, and the whole of the -industrial department of the prison was under the control of a trade -manager, who was provided with a staff of clerks and trade instructors. -The salaries of all those officers were paid out of the trade profits. -The trade manager had authority to award a gratuity not exceeding -half-a-crown to any prisoner on his discharge who had shown special -assiduity in the performance of his work, and the Governor could -supplement this to the extent of 17_s._ 6_d._, making it one pound in -all. It was in the power of the trade manager also to recommend the -grant of additional bread as a reward for marked industry. Diligent -long-term prisoners on their discharge were frequently provided for -in the way of clothes, and had their railway fares paid to their -destination. Cases have even been known of mutton chops being allowed -at Christmas time to exceptionally industrious men. Preston Prison -was another busy prison. It carried on a large trade, employed a -commercial traveller, and the Governor was allowed a trade agent at a -salary of £60 per annum. A taskmaster and assistant taskmaster also -formed part of his staff. The regulations provided that "with a view to -encourage habits of industry as well as to reward the honest efforts of -prisoners, and to enable such as desired to reform to have the means -of living after discharge until they can procure employment," the -Governor should be empowered to grant a sum of two shillings to every -prisoner who had performed his fixed task diligently and well during -the whole period of his sentence (being not less than three months) and -a further sum not exceeding two pounds for all work done in addition -to such fixed task. The allowances were:--for an extra square yard of -matting, 1_d._; for an extra ton of stone breaking, 2_d._; for every -extra coat made, 2_s._; for every extra pair of boots, 9_d._; and -so on. The same system prevailed at Bodmin, Bedford, Chester, Mold, -Chelmsford, Maidstone, Coldbath Fields, Holloway, Lewes, and Warwick. -Manchester had an agent paid by commission for the purchase of stores, -and the sale of manufactured articles. The Governor of Hereford -received ten per cent. on the net profits arising from the sale of the -manufactured goods, and the assistant turnkey had an extra allowance of -three shillings a week for acting as trade instructor. Then Kirkdale, -Strangeways, Leeds, Lewes, and many other prisons were furnished, in -addition to the ordinary disciplinary staff, with trade officers, whose -duty it was to instruct the prisoners in the various industries carried -on. - -All this was altered when the Government assumed the complete control -of all Local prisons in England and Wales on the 1st of April 1878. - -In connection with the strict and uniform system of discipline which -was introduced into every department of the Service, the granting -of allowances to officers and the payment of rewards to prisoners -were abolished, and in lieu of these rewards, the gratuity system, -which is explained in another chapter, was introduced. The actual -industries on which prisoners were employed remained much the same, -except that, later on, matmaking, which had been one of the principal -Prison industries, employing a daily average of nearly 3,000 workers, -had to be almost abandoned in consequence of an agitation which had -commenced in 1872 on the part of outside workmen, who complained that -the competition of Prison labour was seriously affecting their trade. -About this date, the oakum trade, on which the prisons throughout the -country had been able to rely for employment for many generations, -collapsed owing to the substitution of iron and steel for wood in the -building of ships. This industry employed between 3,000 and 4,000 -prisoners, mostly those under sentences then considered too short to -admit of the teaching of any trade. At the same time, the Act of 1877 -reduced the period of hard or penal labour to one month in the case -of those sentenced to hard labour. A larger body of prisoners thus -became eligible for the ordinary industrial employment of the Prison, -but these employments were still carried on in separation, and it was -not till twenty years later that the principle of associated labour -in local prisons was recognized and adopted. The public inquiry of -1894 into Prison Administration was a practical condemnation of the -separate or cellular system except for short periods. It swept aside -the old-fashioned idea that separate confinement was desirable on the -ground that it enables the prisoner to meditate on his misdeeds. It -held that association for industrial labour under proper conditions -could be productive of no harm, and this view was supported by the -fact that association for work on a large scale had always been the -practice at the Convict Prisons without being productive of dangerous -outbreaks by prisoners who as a class were less easy to control -than those in Local Prisons. At the same time the vexed question of -competition with free labour was examined, and representatives of -trade unions who appeared before the Committee, while admitting that -industrial labour was morally and physically beneficial to prisoners, -only urged that direct competition with outside labour should not be -allowed at cutting prices. They only asked that goods should not be -sold below the market price for the district or the standard price -elsewhere, and that every consideration should be shown to the special -circumstances of particular industries outside so as to avoid all -undue interference with the wages and employment of free labour. The -inquiry of 1894 marks a new starting point in the history of Prison -labour in Local Prisons, and steps were at once taken to give effect -to the leading recommendations of the Committee, which were broadly in -favour of the abolition of all forms of unproductive labour, cranks, -treadmills &c., and of a system of associated, in lieu of cellular, -labour. The problems involved were costly and difficult and only slow -progress could be made. The provision of workshops alone in Prisons -built for the most part on the cellular plan and for strictly cellular -purposes was a considerable undertaking. The abolition of cranks, -treadmills, &c., involved the necessity of finding work which should -be of an onerous and disagreeable character for prisoners during the -first month. The collapse of the matmaking and oakum trades increased -this difficulty. The form in which the labour statistics had hitherto -been rendered was thoroughly revised and the out-of-date labour price -list, which had previously been in use as the basis of valuation in -Convict Prisons, was abolished and a new list brought into operation -on the 1st April, 1897, applicable to both Convict and Local Prisons. -The old-fashioned "per diem" rates which had previously obtained in -Local Prisons and which often had no relation whatever to the amount -of work done, giving rise to fallacious valuations, were replaced -with what are called "per article" rates, the actual quantity of work -performed being now the basis of valuation. The institution of the -new rates in connection with the new scale of the tasks required of -prisoners now enables accurate calculation to be made as to the exact -degree of industrial output and efficiency at each Prison. At the same -time, a scheme was introduced for the payment of special allowances -to officers engaged in instructing prisoners. The effect of these -changes became at once apparent, and by the year 1900, there was an -increase of no less than thirty per cent. in the average earnings per -prisoner, as compared with what was earned four years previously when -the revision of manufacturing methods was first taken in hand, and in -that year the entire value of the labour in all branches, manufactures, -farms, building and domestic service showed an increase of nearly -£10,000. It was at this time that the demolition of treadmills had -begun to place at our disposal for workshop purposes the buildings in -which the treadmill had hitherto been worked, and steps were taken -for the development of work of a higher grade such as bookbinding, -printing, carpentry, tinsmithing, shoemaking, and tailoring, which -it was thought it would be possible to obtain by the friendly -co-operation of the Government Departments requiring such articles. -Hitherto the Government work undertaken had been more or less of a -simple and non-technical character and this must, of course, in the -main be looked to for the employment of the local prison population, -consisting largely of prisoners with short sentences, many being sent -to Prison for periods of a month or under. Only two or three per cent. -are for periods of more than six months. In spite of these drawbacks, -the progress resulting from the new organization has been remarkable. -There is a great improvement in the value of the manufacturing output -which in 1913-14, exceeded that of 1897 by no less than 88 per cent., -and this has been achieved without entering into undue competition -with private traders. The payment of trade allowances to carefully -selected officers, though small in amount, has had a far reaching and -stimulating effect. Not only do the officers take the keenest interest -in their work, but the prisoners, now that they receive instruction in -interesting trades, are year by year increasing their average earnings. -It was estimated that the average earnings of a local prisoner in -1878, when the local prisons were taken over by the Government, was -£5. 18. 0. In the year 1904, the average earnings per prisoner per -annum reached £9. 18. 9. At this time the employment of local prisoners -in associated labour was further extended: where shops were not -available, they worked in the corridors, on the landings or at their -cell doors for several hours daily: the numbers so employed, starting -from comparatively low numbers in 1898, numbered more than 9,000 in -1911. The average number of prisoners for whom productive work is found -represented in 1913-14 about eighty-six per cent. of the population, -distributed as follows:--manufacturing department, 10,500: building, -1,700: prison service, 3,000: farm, 400. - -By 1908, the average annual earnings per prisoner had increased to £13. -2. 0., and a gradual reduction had been made in the number engaged upon -what are generally known as low-grade industries. A certain amount of -unskilled and less remunerative labour is inevitable, owing to the -short sentences of so many prisoners, and the physical inability of -others. The work thus described consists of pea-sorting, bean-sorting, -coir-balling, coir-picking, cotton-sorting, oakum-picking, -rope-teasing, and wool-sorting. In 1908 about twenty-eight per cent. -of the total number of prisoners under the Manufacturing Department -were employed in this way. There was also a permanent non-effective -strength, amounting to about sixteen per cent. This number represents -prisoners under remand or awaiting trial, patients in prison hospitals, -ill-conducted prisoners under punishment, and prisoners not told off -for work pending medical examination, registration, &c. - -The strong efforts made to increase the productivity of prison labour -during the period which had elapsed since the daily round of crank and -treadwheel was superseded by a rational system of tasked industrial -labour obtained a marked success in 1911, in which year there was a -record output of labour valued at over a quarter of a million pounds. -In this year, the average annual earnings per prisoner rose to £14. 9. -4. This average has since increased to £15. 1. 0. in the year 1919-20. -At the same time, there has been a decrease both of non-effective -strength, which has fallen to 15 per cent. of prison population, and of -the number employed on low-grade industries, which decreased to four -per cent. last year. In 1910, satisfactory results became manifest from -the development of female labour, the reorganization of which had been -proceeding steadily throughout the country. By permitting women to -proceed to associated labour at the commencement of their sentences, it -was found possible to do much of the domestic service by prisoners with -comparatively short sentences, thus freeing those undergoing longer -periods for skilled labour, _e.g._, dress-making, needle-work, or -other suitable occupation. Owing to the difficulty experienced during -1912-1913 in connection with the supply of materials for manufacturing -purposes, consequent upon serious labour disputes throughout the -world, there was a fall in that year in the aggregate earnings of -prisoners, which still, however, continued high, thanks to the orders -for skilled and unskilled work which are now placed at the disposal of -the Authorities by the various Government Departments--the General Post -Office, Admiralty, War Office, Office of Works, Stationery Office, &c. -The sympathetic help of these Departments, on which we are now able to -rely, furnishes a promising prospect for the present, and also for the -development of other industries in the future. - -On the outbreak of war, drastic steps were taken to secure a maximum -output of war manufactures, _e.g._, the association of male prisoners -during the first month of sentence; extended hours of labour; and -optional employment on Sundays. The appeal which was made to the -patriotism of the prisoners met with a splendid response, and, in spite -of the large withdrawal of able-bodied men and women for national -services, the average value of prison labour was nearly £9 per head -greater than for the five years before the War. During the period of -the War, over 20 million articles were supplied to various Government -Departments. - -The Great War has sadly impeded the development of the plan of -industrial training in Borstal Institutions which was originally -intended. Up-to-date modern workshops, plant and machinery have not yet -been fully installed, owing both to lack of the necessary material, -and to the shortage of labour caused by the enlistment of inmates -after a comparatively short period of detention. Rapid steps are now -being taken to make up for lost time: advantage has been taken of -the opportunity offered by the sale of materials of all sorts by the -Government Surplus Property Disposal Board to accumulate plant and -machinery, and it is hoped that before long the opportunity will be -given to intelligent lads to acquire a good elementary instruction -in various technical trades, which will facilitate their disposal -on discharge, and also instil, not only the habit, but the love of -work--the absence of which is in most cases the beginning of the -criminal career, born of idleness, and the example of bad early -associations. In the meantime, good work of an instructional character -has been forthcoming by the employment of lads in the various building -operations, often necessary at Borstal and Feltham, and the trades of -carpentry and smithing incidental thereto. There is also a considerable -area for farming operations at both places, with the advantage of -healthy outdoor life and hard manual labour. There is also a regular -system of instruction in market-gardening; and the various forms of -domestic service, cooking, baking, laundry, &c., and in the case of -those more fitted for sedentary occupation, tailoring, bootmaking, &c. - - - - -CHAPTER XIII. - -(1) VAGRANCY: (2) INEBRIETY - - -(1) Vagrancy:-- - -Out of a curious medley of Tudor legislation has grown up the English -idea of Vagrancy. It is a survival of a long series of penal enactments -dating from the 14th century, which were directed against the desertion -of labourers from their respective districts when serfdom was breaking -down. Parliament interposed to prevent the rise of wages, resulting in -the free exchange of labour, and, at the same time, to check the acts -of disorder which followed in the train of Vagrancy and Mendicancy. -Further penalties against Vagrancy followed from the Elizabethan law -of Settlement. The wandering or vagrant man became, from the operation -of these causes, a suspected or criminal person, and, in the course of -time, vagrancy and crime became almost synonymous terms. It was not -till the beginning of the last century that steps were taken to repeal -and consolidate the numerous enactments--some fifty in number--relating -to the law of Vagrancy, which four centuries had accumulated. The -present law dates back as far as 1824, and bears the impress of the -old Tudor legislation. It is repressive in character, and its object -is to punish the offences such as wanderers are likely to commit. The -offences dealt with by the Act are numerous, and can be divided roughly -into three classes:-- - - (1) offences committed by persons of a disreputable mode of life, such - as begging, trading as a pedlar without a licence, telling fortunes, - or sleeping in outhouses, unoccupied buildings, &c., without visible - means of subsistence: - - (2) offences against the Poor Law, such as leaving a wife and family - chargeable to the poor rate, returning to and becoming chargeable to - a parish after being removed therefrom by an order of the justices, - refusing or neglecting to perform the task of work in a workhouse, or - damaging clothes or other property belonging to the guardians; and - - (3) offences committed by professional criminals, such as being found - in possession of housebreaking implements or a gun or other offensive - weapon with a felonious intent, or being found on any enclosed - premises for an unlawful purpose, or frequenting public places for the - purpose of felony. - -The offences specially characteristic of the vagrant class are -"begging" and "sleeping-out," and it is with vagrancy used in this -sense that the Prison Authorities are chiefly concerned. Under the Act -any person begging in any public place is an idle and disorderly person -liable to imprisonment on conviction under the common law for one month -or a fine not exceeding £5: a person wandering abroad without visible -means of subsistence, or not giving a good account of himself is styled -a "rogue and vagabond" and may be punished with imprisonment up to -three months, or a fine not exceeding £25. There is a third category of -Vagrant, known as the Incorrigible Rogue, _i.e._, a person who has been -more than once convicted of any offence under the Act. Such a person -is convicted at a Court of Petty Sessions and committed till the next -Court of Quarter Sessions to receive sentence, which may be to a year's -further imprisonment or to corporal punishment. - -There is another class known as Vagrant, which does not come within -the jurisdiction of the Prison Authority, and who is known as the -destitute wayfarer or casual pauper. This class presents a curious -history of quasi-penal legislation. No special provision was made for -his case when the whole question of the Poor Law was comprehensively -dealt with by the celebrated Act of 1834. During the years following -that Act, there was an alarming increase of non-criminal vagrancy, and -the principle of relieving the casually destitute in "special" wards -of the Workhouse was established, and, with it, the principle of a -prescribed task of labour in return for food and lodging. There was, -however, no power to detain for more than four hours after breakfast -on the morning after admission. It was not till 1871 that the period -of detention was prolonged to the third day after admission, on proof -that there had been more than two admissions during the month; it -then became necessary to frame regulations for the detention of the -casual vagrant on lines analogous to those under which the prisoner -is detained:--labour, dietary, task, &c., and the casual ward became -in many respects a sort of miniature Prison for very short sentences. -These provisions, however, of which the purpose was to render detention -in Casual Wards unattractive, especially to the habitual Vagrant, -did not succeed in diminishing the number of the class of destitute -wayfarer, who have for so long been a puzzle and a problem to the Poor -Law reformer. The average numbers received into Casual Wards on a given -day, for the five years ended 1876, had risen from 2,945 to 8,012 for a -similar period ended 1913. - -The Casual Wards, moreover, furnish a considerable contingent each -year to the Prison population in the shape of persons who misbehave -as paupers, _i.e._, refuse to perform the allotted task, or destroy -workhouse clothes. There was at the beginning of the century a -remarkable increase in the number of persons committed for offences -against Workhouse regulations. For twenty years previously the numbers -had oscillated between two thousand and four thousand: in 1901 they -increased to over five thousand. The cry that the pauper prefers Prison -to Workhouse was again raised with the object of showing that the -conditions of Prison life were unduly attractive. - -This agitation, combined with the fact that the number of persons -convicted of "Begging" and "Sleeping-Out" had risen, in the four years -from 1900 to 1903, from 12,631 to 20,729 led to some uneasiness in the -public mind, and a special Inquiry was ordered by the President of -the Local Government Board as to the law applicable to persons of the -Vagrant class, and as to the administration of that law. Previously -to this, the Prison Commissioners had reported to the Secretary of -State--"that they are not prepared to admit that the increase of the -vagrant class sent to prison is due to the fact that the conditions -of prison life are unduly attractive. Casual paupers as soon as they -become prisoners are subject to ordinary prison rules, not specially -devised for dealing with this class, but to meet the _average human -needs of thousands of prisoners of different classes, characters, -professions, and physique_; and being, as a rule, under very short -sentences, they receive the dietary and employment which practice -and experience has designed as being, on the whole, the best and the -most salutary for the early stages of a sentence of imprisonment. -This dietary is not, like that of a casual ward, for one night or two -nights, but part of a systematically graduated dietary table, intended -to embrace both short and long sentences. The dietary and task are -uniform throughout the country, varying only on medical certificate, -all prisoners on reception being subject to a careful medical -examination, and if they deviate from the normal standard of health -and fitness, a full task of labour is not imposed; and the medical -officer also has power to make additions to the dietary. In workhouses, -however, our inquiries show that there is no uniform scale of diet -or of task, and, so far as we are aware, these are not regulated by -medical certificate as is done in prison. Hence, two results follow: -Firstly, vagrants to whom the prison dietary and task and medical -practice are well known, from a probable acquaintance with many -prisons, openly profess a preference for the prison in those localities -where the workhouse conditions are more severe; and, secondly, it may -happen that on reception in prison the medical officer will not certify -the prisoner as fit for the labour, the refusal to perform which, at a -workhouse, has resulted in imprisonment." - -"Again, the prison dietary is based on the opinion of experts, is -framed on scientific principles, so as to represent a sufficiency, -and not more than a sufficiency, of food for an average man doing an -average day's work. The scale of tasks is based on the experience -extending over many years of what can reasonably be expected from a -man working his hardest during a given number of hours per diem. -They believe that both the dietary and the tasks strike a fair -average, so as not to err on the side of severity or leniency. As -before stated, they can be varied on medical advice. The large and -almost preponderating rôle played by medical officers of prisons is -a factor that should be taken into account by anyone who attempts to -compare prison with workhouse life. Public opinion properly exacts -the most scrupulous care in all matters affecting the treatment of -prisoners, and medical officers are always liable to criticism from -outside persons for having failed to diagnose this or that malady, -to have ordered this or that dietary, or to have prescribed this or -that task. They dwell on this matter at some length, because they feel -it necessary to guard against the impression which might be formed -from the fact that a small section of the criminal community openly -prefer prison to the workhouse, that therefore prison life is unduly -attractive, that its conditions are not sufficiently rigorous, and that -the whole edifice should be reconstructed to meet the special case of -a few ne'er-do-wells who have lost all sense of self-respect, and to -whom it is a matter of indifference whether they spend a few nights in -a workhouse, a prison, or a barn. The diminution of this class is not, -in our opinion, likely to follow from any alteration of prison régime; -it might be modified if, as we venture to suggest, a more uniform -system were established in workhouses, and a greater discrimination -shown in the treatment of each case; it can only be effected gradually -by a general improvement of social conditions, pending which the -prison can only play a very insignificant part as a remedy for this -evil; for no one can seriously contend that vagrancy is going to be -cured by a succession of short sentences in the various local prisons -of the country. So generally is this felt to be the case that strong -expressions of opinion from responsible persons have been expressed -in favour of some specific remedies being provided by the State for -dealing with the admitted evil of professional vagrancy. It has been -suggested that labour colonies should be established on the Belgian -model, where the professional vagrant who now tramps from prison to -prison could be detained for a long period of time. This system it -is believed has worked well in some foreign countries. A necessary -condition of its application would be some system of identification, -so that a vagrant, after undergoing a sentence in one locality, should -not, as now, be able with impunity to commit another offence in another -locality, again become subject to a light penalty, and so on _ad -infinitum_. If such vagrants could be identified by finger prints or -otherwise, and systematically dealt with on indictment and sentenced to -a long term, something at least more effective than the present system -might result. We do not see how any system can be effective without an -elaborate method of identification." - -The Report of the Committee of 1906 is an instructive and valuable -document. The Casual Ward system was condemned both on the grounds of -efficiency and of economy, and it was boldly proposed to substitute -the Police for Poor Law Authorities as the body responsible for local -relief and management of Casual Wards. The want of uniformity in the -administration of over 600 independent authorities had impressed the -Committee as the principal cause in the failure of the system, and it -was believed that by giving control of the Wards to the Police, and by -that way only, uniformity of treatment would be secured. - -With regard to the punishment of Vagrancy also, the evidence showed -that there was no uniformity whatever in the sentences given for -Vagrancy offences. It was found that sentences given by stipendiary -magistrates appeared to be as little governed by any fixed principles -as those inflicted by unpaid justices. The great majority of the -sentences are for fourteen days or under. The evidence showed -conclusively that as a protection against vagrancy, short sentences -were indefensible. They quoted the opinion of the Prison Commissioners -that the "elaborate and expensive machinery of a prison, whose object -is to punish, and at the same time to improve, by a continuous -discipline and applied labour, cannot fulfil its object in the case of -this hopeless body of men who are here to-day and gone to-morrow, and -who, from long habit and custom, are hardened against such deterrent -influences as a short detention in prison may afford." They came -generally to the opinion that while it is evident that short periods of -imprisonment were useless, and long periods could not be given without -injustice, and having regard to the fact that prison conditions could -not be made deterrent to vagrant offenders, a complete change in the -treatment of Vagrancy was called for. Their principal proposal was -that the class of habitual Vagrants should be defined by Statute to -include any person who had been convicted three or more times within -a period of twelve months of certain offences, such as "Begging," -"Sleeping-Out," or refusing task in Casual Wards, and that such a -person should be treated, as far as possible, not as a criminal, but as -a person requiring detention on account of his mode of life. - -The Report on the Belgian Colony at Merxplas, which was issued by a -Committee appointed by the Lindsey (Lincs.) Quarter Sessions in 1903, -had strengthened the growing conviction in this Country that new -methods were necessary for dealing with habitual Vagrants, and a large -number of local authorities and Courts of Quarter Sessions addressed -memorials to the Secretary of State and the Local Government Board -in favour of the establishment of Labour Colonies for Vagrancy. The -members of the Committee visited such Colonies in Holland, Belgium, and -Switzerland, and though they came to the opinion that these Colonies, -whether voluntary or compulsory, exercised but little reformatory -influence, in spite of this, however, there was such a consensus of -opinion as to the evil resulting from unrestrained habitual Vagrancy -that the establishment of compulsory Labour Colonies in England and -Wales was recommended. They state in their report, "even if they are -not successful in achieving greater reformatory effects than the -existing labour colonies abroad, we think that at least they may clear -the streets of the habitual vagrant and loafer, may make him lead a -more useful life during his detention, and may offer a real deterrent -to those starting on a life of vagrancy." At the same time, they urged -the great importance of a system of identification, by which the -habitual vagrant could be recognized and dealt with. The finger-print -system would furnish an easy method, and would only entail that any -person charged with a vagrancy offence should be remanded for a few -days to enable information as to previous convictions to be obtained. -Any inconvenience that might be caused in the first instance by the -remand of any person charged with a vagrancy offence would be fully -compensated for by the ultimate results. The fact that no action has -been taken upon the elaborate inquiry of 1906 goes to show that the -sequestration, under strict control, of the habitual vagrant is not -generally accepted as a solution of the evil, and it is a remarkable -thing that, while in most civilized countries the proper treatment -of Vagrancy has been the subject of so much thought and discussion, -as in Belgium and Switzerland and other countries, and of practical -expedients for the protection of the community from this _plaie -sociale_, yet in England, Vagrancy is still dealt with and punished -under the old law of 1824, a law which has little relation to the -facts, customs, and habits of the present day, which only requires that -where a vagrant shows by his actions that he is either a nuisance or -a danger, there shall be power at law to bring him before the Courts. -Although the magistrate may give him three days', or three months' -imprisonment, or Quarter Sessions order him to be flogged, it remains a -matter of indifference; and so long as public opinion is in this state -regarding the question, it is not likely that Parliament will intervene. - -Conditions prevailing during the War have caused a striking -illustration to be furnished showing how the general demand for labour -which prevailed has had the effect of practically clearing the prisons -of the Vagrant convicted of Begging and Sleeping-Out. The numbers -proceeded against for these offences had risen steadily for nearly -20 years until 1910, and for a number of years prior to the War had -averaged over 37,000 annually, furnishing in 1913 no less than 11 per -cent. of the total receptions into prison, though from some Counties -the percentage was much greater, _viz_:--from Lincoln, 66; Cornwall, -58; and from many others over 30. Since that date, this large body -of Vagrants in prison has fallen by no less than 93 per cent., -_viz_:--from 15,000 in 1913-14 to 1,066 in 1918-19. - -For a few years before the War, however, a decrease had been noted. -By some it was attributed to the growing opinion among Magistrates -as to the futility of very short sentences: by others, to the fact -that recent alterations in the Prison régime had rendered a few days' -sojourn in Prison more irksome than formerly: others also considered -that the gradual adoption by various police authorities of the -Way-Ticket system, (the object of which is to enable the needy wayfarer -to move quickly through the county towards his destination and to -provide him on his route with lodging, supper and breakfast at the -casual ward, and with a mid-day meal, thus removing all necessity for -begging), was a cause of diminishing the offence of Begging in public -places. Others were of opinion also, that the Insurance Act, by which a -Magistrate has proof of whether a man is a bonâ fide worker or tramp, -has led to a greater individualization in the case of Vagrants brought -before the Courts, and correspondingly to the diminution in the number -committed to Prison. But an examination of statistics, spread over -a long period, shows that the rise or fall of Vagrancy offences and -other minor charges, is chiefly determined by the prevailing rate of -unemployment in the country. Thus, in the years of trade depression -which culminated in 1909, and which showed a very high percentage of -unemployment, the number proceeded against for Begging and Sleeping-Out -also reached the highest recorded total, _viz_:--45,408. Although -this number is very great, there was, in addition, an enormous total -of persons of vagrant habit, _i.e._, with no settled place of abode, -appearing in criminal statistics at this time charged with offences -other than Begging and Sleeping-Out. An inquiry made about this time -showed that of the male Local Prison population _on a given day_ -(14,632), no less than 4,411, or 30 per cent. (including 695 convicted -of Begging and Sleeping-Out) had no settled abode, of whom 82 per cent. -had been previously convicted, and 1,420, or 32 per cent., were classed -as _habitual_ vagrants. It is not surprising to find, therefore, that, -with the rapid fall in the percentage of unemployment, which set in -in 1910, and has continued since, until during the War, when, owing -to the abnormal conditions prevailing, there was abundant work for -all, the number of persons actually charged with Vagrancy (Begging and -Sleeping-Out) should have fallen in 1918 to only 2,651, and that, at -the same time, a great decrease in crime should be recorded also. (Vide -Chapter XVII). - -So far as non-criminal vagrancy is concerned, active steps have lately -been taken by the Local Government Board with a view of introducing -greater uniformity in the administration of the Casual Wards, at least -so far as the Metropolis is concerned. An order was issued in November -1911 vesting the control and management of the Casual Wards in the -Metropolitan Asylums Board. The Board appointed a special Committee to -give effect to the Order, and at once took steps to provide for the -uniformity of all the Casual Wards committed to their charge, which had -hitherto been administered by the separate local Boards of Guardians. -The results have been very remarkable. Of the twenty-eight casual wards -available on the 31st March, 1912, only six remained in use by the end -of 1919, the average number of inmates accommodated on a given day -at the end of the years named having fallen from 1,114 to 82 during -the period. The comparative accommodation available is shown in the -following table:-- - - --------------+----------------+----------------+---------------- - | 31 Mar., 1912. | 31 Dec., 1913. | 1 Jan., 1917. - --------------+----------------+----------------+---------------- - Men | 1,136 | 627 | 286 - Women | 402 | 177 | 92 - Double Beds | 110 | 57 | 28 - --------------+----------------+----------------+---------------- - Total | 1,648 | 861 | 406 - --------------+----------------+----------------+---------------- - -The Metropolitan Asylums Board, in their report for 1912, had no -hesitation in expressing the view that the decline of casual pauperism -in London is due to the unification of the Casual Ward Authorities in -the treatment of London as a homogeneous whole under an absolutely -centralized system. The Report confirms the conclusions arrived at by -the Committee of 1904 with regard to classification and treatment. They -report as follows:--"First there is the bonâ fide working man in search -of work, and we have no reason to doubt the estimates which placed the -proportion of this class at under 3 per cent. of the whole. Secondly, -come those who undertake casual labour for a short time, but will not -or cannot undertake continued work. This type soon degenerates into the -habitual vagrant unless deterred, as we hope under present conditions -he is being, from the continual frequenting of casual wards. The third -class is the 'work-shy' or habitual vagrant who professes to look for -work but has no desire to find it. Amongst this number are many who -although strong and able-bodied, deliberately embark upon a career of -idleness and of alternation between casual ward and prison at such an -early age as twenty years. They are often qualified and able to work -and have been assisted over and over again until they are given up -as hopeless and their papers marked 'prefers to walk the streets.' -Further reference is made to this class of habitual vagrants in the -section discussing the question of punishments, where it is pointed out -that neither casual ward nor prison exercises the slightest punitive -or deterrent effect. It is certain that the community need have no -compunction about applying to this class so-called severe measures of -compulsory detention and work for indefinite periods, and it must be -remembered that for vagrants, who will not have households of their -own, who have but one object in all their wicked and perverse lives--to -exist without work at the expense of their industrious neighbours--we -are taxed to provide board and lodging. Lastly, there is the class of -old and infirm persons who are unemployable, who cling to the little -liberty left to them by going from casual ward to casual ward in -preference to entering the workhouse infirmaries. Between the 1st May -and the 31st December, 1912, thirty-three men over fifty, including -twelve over sixty, were admitted from forty to fifty-four times each in -the casual wards, and nine women aged from fifty to seventy years were -admitted over forty times each." - -It remains to be seen whether this endorsement of the findings of the -Committee by the Authorities of the Metropolitan Asylums Board, who -have given such close and practical attention to the subject, will -influence opinion toward the severe measures of compulsory detention -which are recommended. Prior to the War the number of persons sentenced -at Quarter Sessions as Incorrigible Rogues was increasing, the average -number for the five years ended 1913 having been 618, as compared with -398 for the preceding five years. This increase may indicate greater -attention on the part of the Courts towards repressing the evil. -Although there is no system of identification for the purpose of the -Vagrant Class at present in existence, there is evidence from a Prison -in the Midlands that, of 700 prisoners of the Vagrant Class received -during a period of 12 months some years ago, one-third had served from -two to seven imprisonments during the year. The total convictions -incurred by these 236 prisoners were as follows:-- - - From 2 to 4 previous convictions had been incurred by 95 - " 5 " 10 " " " " " 66 - " 11 " 20 " " " " " 58 - " 21 to 30 " " " " " 6 - " 31 " 50 " " " " " 9 - 67 " " " " " 1 - 87 " " " " " 1 - -It will be seen from the foregoing short account of the history of -Vagrancy that England has not yet adopted any special plan for dealing -with this problem on the lines with which we are familiar in other -Countries. It is possible that the growth of professional Vagrancy, -manifested in an increase of those offences which are now grouped -generically under the law of Vagrancy, may induce either the State -or the local Authority to protect itself against what is at once an -intolerable nuisance and a social danger, by the introduction of -a System which will allow of the sequestration, for indeterminate -periods, and under an austere system of detention, of that category of -Vagrants, who, by a series of convictions for criminal acts, prove to -be a danger to society. At the present time, however, no action in this -direction is being contemplated by the Government, and the efficacy of -imprisonment for the punishment of such offences is still relied upon, -in spite of increasing evidence that short sentences are ineffectual as -a remedy. So far as the casual pauper is concerned, it is likely that -the recent action of the Local Government Board in the unification of -the Casual Ward System will be further extended in that direction where -the policy, carefully and energetically carried out by the Metropolitan -Asylums Board, has already been fruitful in such excellent results. - - -(2) INEBRIETY:-- - -It is just fifty years ago since the need for special legislation for -the proper control and treatment of inebriates, on the grounds that -such persons contributed to crime and lunacy, and caused nuisance, -scandal, and annoyance to the public, became apparent. At that time -there was no process whereby an inebriate who became a public offender -could be dealt with, except by short sentences of imprisonment; and -no means whatever by which a private inebriate could be dealt with, -however much he constituted himself a cause of nuisance or distress -to his family. The futility of short sentences of imprisonment for -the reform of the inebriate offender was fully recognised by prison -authorities; by those who took an active interest in prison reform; and -by magistrates, before whom the same drunkards repeatedly came, in no -way improved by the only method then applicable; and was accentuated -by certain notorious cases of persons who served, without improvement, -hundreds of short sentences. - -In 1872 a Select Committee of the House of Commons agreed that it had -been shown, by the evidence taken, that "drunkenness is the prolific -parent of crime, disease, and poverty" that "self-control is suspended -or annihilated, and moral obligations are disregarded; the decencies -of private and the duties of public life are alike set at nought; and -individuals obey only an overwhelming craving for stimulant to which -everything is sacrificed." No action was taken on this Report until -1878, when a Bill was presented to Parliament for dealing with the -more easy and less costly part of the recommendations, _viz_:--those -which concerned inebriates admitted voluntarily. No attempt was made -to deal with the really important class, _i.e._, persons convicted as -Habitual Drunkards. The Statute of 1879 did no more than permit the -establishment of Retreats, to which inebriates could be voluntarily -admitted. More than ten years later, in 1892, when the inadequate -protection afforded by the Law against the nuisance and the evil of -habitual inebriety led to a renewed agitation, especially against the -repeated infliction of short sentences for ordinary drunkenness, a Home -Office Committee of Inquiry, under the Presidency of an experienced -Chairman of Quarter Sessions, Mr. J.L. Wharton, M.P., was appointed. -This Committee aimed, as its composition shows, rather at an amendment -of the Criminal Law, and the abolition of recurring short sentences of -imprisonment, the futility of which had been fully demonstrated. At -this time there was less concern with regard to voluntary inebriates -who, on the application of relations or friends, might be compulsorily -committed to Retreats, than with the grave social evil which resulted -from the interminable commitment to prison of persons who by committing -offences against public order came within the action of the Criminal -Law, or who were proved guilty of ill-treatment and neglect of their -wives and families, and who failed to find the required sureties for -good behaviour. - -The principle of the Act of 1898, which resulted from the findings -of this Committee, was that the protection of the community, and the -opportunity of reform, would only be obtained by relatively prolonged -detention. The Act accordingly legalized detention for a term not -exceeding three years (_a_) of persons convicted on indictment, where -a Superior Court is satisfied that the offence was committed under -the influence of drink, or that drink was a contributing cause, and -where the offender admits that he is, or is found by a Jury to be, a -Habitual Drunkard: (_b_) of persons convicted under various Statutes -enacting penalties for drunken conduct, who, within the preceding -twelve months, had been convicted summarily at least three times of -any such offence,--such persons to be confined either in a State -Reformatory or in a Reformatory established and maintained by local or -independent authority. - -Action was at once taken by Local Authorities throughout the country to -provide for the reception of cases committed from Courts situate within -their jurisdiction, but in the hope and belief that such accommodation -would prove sufficient, no action was taken by the State to provide a -State Institution until it became manifest that some special means must -be created for dealing with cases which proved violent and intractable, -and with which the local authorities were unable to cope; it being -admitted that in order that these Reformatories might exercise the -most beneficial effect, they must be conducted under conditions as -far removed as possible from Prison methods and restrictions. Unless -the State were in a position to undertake the charge of such cases, -the only alternative would have been to discharge them, and, in fact, -such discharges did take place, and it was made clearly evident that -the establishment of a State Institution was essential to the proper -working of the Act. It was accordingly decided, in 1900, to build a -State Reformatory for female Inebriates on a plot of land contiguous -to the Female Convict Prison at Aylesbury, and for male Inebriates it -was decided to adopt a disused part of Warwick Prison which could be -entirely severed from all connection with the penal quarters. - -It was decided to confine the use of the State Reformatories to the -reception and treatment of persons who had proved uncontrollable in the -Local Reformatories. They are conducted on prison lines only so far -as is necessary to ensure safe custody and control, and on strictly -asylum principles in all matters referring to the treatment of inmates. -The application of all restraint and punishment is controlled by the -medical aspect of the question. The majority of inmates are persons -who, through a long life of debauch, immorality, violence, and crime, -have given constant trouble to the Police in the streets and to Prison -Authorities during innumerable penal sentences. They are either too -old, too confirmed in their habits, or too demented to afford ground -for any hope of reformation. The value of the State reformatory will -not consist in the production of actual results, but its existence will -permit of certified institutions carrying on a work of reformation -otherwise impossible. It will also ensure the retention to the end of -their sentence of persons who are dangerous at large, a disgrace to -the streets, and an important source of contamination to others. The -pity is that at the end of such sentence the law requires the absolute -discharge from custody of persons known to be so dangerous and so -deleterious to the peace, morality, and health of the community at -large. - -These State Institutions are under the control of the Prison -Commissioners, and form part of the Prison administration. They are -controlled by minute regulations, approved by Parliament, and their -function is to reconcile, as far as possible, a strict custody and -control with certain alleviating conditions and privileges for those -who deserve them. Their population is however, relatively small, the -average for the three years prior to the War not having exceeded -nineteen Males and fifty-seven Females. Since that date the numbers -gradually fell, and, at the present time, there are no inmates in -custody. The inmates of State Institutions practically represent -the persons of both classes who are of a character and temperament -incapable of control in local Institutions. As the number committed to -the local Institutions diminishes, there is, of course, a corresponding -reduction in the number coming under State control. - -Although both Sections 1 and 2 of the Act give effect to a most -important principle, _viz._, the special treatment otherwise than by -imprisonment, of persons whose offence is due to morbid conditions, -affecting the power of self-control, and whom it is practically useless -to punish for the offence, while the predisposing condition is left -untouched, yet experience, so far, does not furnish evidence that the -power given to the Courts is either largely exercised or fruitful of -curative effect. - -The great majority of cases dealt with under Section 1 of the Act are -for cruelty to children (459 out of 586 up to the end of 1913) and the -tendency of the day is more and more towards Summary procedure, owing -largely to the delay, and expense, and trouble involved by commitment -for trial under this Section to the Superior Courts. - -With regard to Section 2, which enables Summary Courts to send to -Inebriate Reformatories persons convicted of certain scheduled offences -of drunkenness, only about 4,300 have been dealt with since the Act -became law, although during that period more than 3,500,000 persons -have been convicted in Summary Courts of drunken behaviour. - -The reluctance of the Courts to pass long sentences of detention, -especially in the case of men, (more than 80 per cent. of the -commitments are women): the comparative ease and simplicity of -commitment to Prison: the delay and difficulty involved by a -comparatively cumbrous procedure; and an uncertainty as to the prospect -of recovery, as a result of special treatment--all these things operate -against any wide use of the law in Summary Courts, which is also -hindered by the absence of any definite instruction as to the share to -be borne by the State and the Local Authority, respectively, in the -maintenance of these Institutions. - -Opinion has, however, been by no means indifferent to the operation -of the Act, and is far from being satisfied at the present time -with the extent of its application. In 1908, the Secretary of State -appointed a strong Committee to inquire as to the operation of the -Law, and to report what amendments, either in law or administration, -were desirable; and their valuable recommendations will probably -receive the attention of Parliament in the near future. The principal -proposals are in the direction of increasing the power of the Summary -Courts, giving to Magistrates a discretionary power to send to -Reformatories, in addition to, or in substitution of, imprisonment, -all persons who are adjudged to be Inebriates and who commit offences -now dealt with summarily by committal to Prison. It is also proposed -that the necessity for proving three previous convictions shall be -abolished, and that the State should, at its own cost, provide for -the accommodation and maintenance of all Inebriates committed by -Courts. With regard to penalty, the free use of the Probation Act was -recommended under special conditions suitable to the case. If, however, -Probation were not thought desirable, it was proposed that the first -sentence to a Reformatory should be for a period not exceeding six -months, to be followed by a period of Probation; but where an Inebriate -forfeits such Probation, on breach of its conditions, he shall be -liable to be committed to a Reformatory for a period not exceeding one -year, again, on release, to be subject to Probation; but if he again -forfeits such Probation, for two years, and, in the event of further -forfeiture, for three years. - -Should these recommendations be adopted by Parliament, it is possible -that greater results than at present might be achieved, and the -measure might find larger application. It is doubtful if the public -sentiment is keen to penalize inebriety, when it does not result in -serious harm to the community, by methods of long detention under -discipline and control. In so far as the proposals of the Committee -of 1908 modify these long periods by placing offenders on Probation, -there may be disposition on the part of the Courts to take this course, -except in cases where the overt criminal act resulting from inebriety -is grave and serious, and where punishment under ordinary penal law -is called for. There is, moreover, a feeling which operates against -harsh or drastic sentences in the case of inebriety, due to the -proved association between mental disorder and habitual drunkenness. -Experience of the operation of the Law of 1898 has confirmed this -belief. Of the more turbulent cases whom it has been necessary to -transfer to State Inebriate Reformatories for purposes of control, it -is found that a very large proportion are more or less defective in -mind. That such persons should be segregated from their fellows, and -from the opportunity of doing harm is, of course, a great gain; and, -of itself, would justify the cost of these Institutions, which is -considerable. It must be frankly recognized that in these cases the -purpose of detention is for the public safety, and not with the hope of -reform. The law protects the community by compulsory segregation within -a limit of three years, although the criminal offence will probably -in most cases only warrant a short sentence of imprisonment. This is -something gained in the interests of order. It does not constitute -an encouragement to make further efforts for the cure of habitual -inebriety by means of costly Institutions, and for this reason, apart -from the inherent difficulties of the case, rapid progress in dealing -with this evil in this country can hardly be expected. The Prison -Authority is only concerned with this question of inebriety as a -factor of crime. By many writers, drink and crime are used almost as -synonymous terms, yet nothing is so difficult as to trace the extent -to which criminal statistics are influenced by drink. In 1913, the -actual convictions for drunkenness represented 32 per cent. of the -total convictions for all offences, but in addition to this, must be -reckoned the number of offences to which drunkenness was directly a -contributing cause. It is a reasonable inference that alcohol enters, -as a contributing factor, into about 50 per cent. of offences committed -in this country in any given year. To legislate against drink is -indirectly, therefore, to legislate against Crime. As shown in Chapter -XVII, a striking illustration has been afforded showing the great -decrease in crime generally which has taken place during the War, when -severe restrictions have been placed upon the sale of intoxicating -liquor. In previous years, in times of industrial prosperity and -plentiful wages, convictions for drunkenness have been enormous, and -have obscured the decrease which has taken place, as a result of -prosperity, in other offences, _e.g._, Vagrancy, and petty larceny. - -In his Report for 1909, Dr. Branthwaite, the Inspector under the -Inebriates Acts, furnishes a most valuable and interesting analysis of -the life history and mental and physical conditions of 1,031 persons. -This investigation was conducted by himself personally, and throws a -flood of light on the nature of the problem to be dealt with. He states -that as a result of his inquiry, "three points of vital importance -stand out clearly--(1) the close association between inebriety and -psycho-neurotic disturbance, (2) the physical unfitness resulting -from a life of uncontrolled inebriety, and (3) the necessity for the -organisation of more suitable methods for dealing with persons who -offend against law and order by reason of habitual drunkenness." - -"The presence of obvious mental defect in a large proportion of cases, -and (in cases not obviously defective) the criminal tendencies, the -proneness to immorality, the uneducability, the early age at which -disorderly habits commence, the ease with which all inmates become -excited by alcohol, and their unreasonable behaviour in a hundred -different ways, are conclusive evidences of the existence of a mental -state far removed from normal, in nearly all cases committed to -Reformatories. To attempt to attribute all such conditions to vicious -indulgence in alcohol is absurd; they existed in the large majority -of cases long before drunkenness appeared, or they developed _pari -passu_ with the drunkenness from a common cause. When mental defect is -obvious, it will usually be found responsible for the drunkenness; when -not sufficiently definite to be recognised, a modified morbid strain, -a heredity of disorder, a psycho-neurotic fault, a constitutional -peculiarity, call it what we may, will generally be discovered as the -key to the position." - -His condemnation of short sentences in Prison as a cure for inebriety -in all its forms is expressed as follows:-- - -"The arguments in favour of the substitution of something better than -the short sentence prison treatment of inebriates hold good, whether -the individual be reformable or not. The routine of a prison is no -more suited to the needs of the habitual drunkard than it is suited to -the treatment of any other form of mental unsoundness. The inebriate -requires careful medical attention, regular bathing, physical exercise -and drill, with a view to the recovery of physical, as a preliminary -to recovery of mental health. His condition demands harder, more -continuous and healthy work than is possible in the confines of a -cell, or even within the restricted area of prison walls. Either in -the form of education, work or play, he wants occupation of some sort -throughout the day, in company with his fellows, under supervision -only just sufficiently strict to prevent its misuse. Discipline is -essential, but it should be the discipline of army barracks, or a ship; -not the necessarily hard routine of a prison. Punishment, as such, must -be kept in the background, and, so far as is possible, encouragement -for good conduct, and reward for good work, should replace the fear of -the results of bad conduct and idleness. But, above all, he requires -medical treatment for his disordered mental state applied as early as -possible after the condition is recognised. The nearer an Inebriate -Reformatory resembles a mental hospital in all its arrangements, the -better will be its suitability for the work it has to do, and the more -the mental aspect of inebriety is kept in the foreground, the more -satisfactory will be the results of treatment and control." - -It is true that the views expressed by Dr. Branthwaite seem to indicate -as a rule the dependence of habitual inebriety on pre-existent "mental -defect", and will not, as such, be accepted by general authority; and -it is well known that a strong tendency to drink to intoxication exists -in very many persons and families who show no other signs of deficient -intelligence or loss of self-control. But the experience of many other -observers who have dealt with inebriates committed by the courts to -reformatories under the Act undoubtedly corroborates Dr. Branthwaite's -opinion that notably large numbers of such inebriates have been -markedly defective in mind from even their earliest years. - -The question is well summed up in the general observations on the -nature of Inebriety in the Report of the Committee of 1908:--"Inebriety -is undoubtedly a constitutional peculiarity; and depends, in many -cases, upon qualities with which a person is born, in many is acquired -by vicious indulgence. Whether the possession of such a constitutional -peculiarity, when inborn, should or should not be considered, from -the scientific point of view, a disease, is perhaps, a question of -nomenclature. If such native constitutional peculiarities as the -possession of a sixth finger, and the absence of a taste for music, -are rightly considered diseases, then the native constitutional -peculiarity which underlies many cases of inebriety may be so -considered. But there are cogent reasons why the term disease should -not be used to characterise the inebriate habit. By disease is -popularly understood a state of things for which the diseased person is -not responsible, which he cannot alter except by the use of remedies -from without, whose action is obscure, and cannot be influenced by -exertions of his own. But if, as is unquestionably true, inebriety can -be induced by cultivation; if the desire for drink can be increased -by indulgence, and self-control diminished by lack of exercise; it -is manifest that the reverse effects can be produced by voluntary -effort; and that desire for drink may be diminished by abstinence, -and self-control, like any other faculty, can be strengthened by -exercise. It is erroneous and disastrous to inculcate the doctrine -that inebriety, once established, is to be accepted with fatalistic -resignation, and that the inebriate is not to be encouraged to make -any effort to mend his ways. It is the more so since inebriety is -undoubtedly in many cases recovered from, in many diminished, and since -the cases which recover or amend are those in which the inebriate -himself desires and strives for recovery." - - - - -CHAPTER XIV. - -"PATRONAGE" OR AID TO DISCHARGED PRISONERS: ITS EFFECT ON RECIDIVISM. - - -As prisoners in this country are classified broadly into two categories -(1) those sentenced to penal servitude--"Convicts:" (2) those sentenced -to ordinary imprisonment--"Local," or short-sentenced prisoners,--so -has the system of aid-on-discharge varied according to the category to -which a prisoner belongs. For Convict Prisons there has been, until -lately, no system of aid-on-discharge strictly so-called. What is known -as the Gratuity system in Convict Prisons operated for many years as -the principal means for providing a convict on his discharge with -means of obtaining the necessities of life. There was no Discharged -Prisoners' Aid Society immediately connected with the establishment -from which the convict was discharged, as in the case of Local Prisons, -but certain Metropolitan Societies, notably the Royal Society for -the assistance of Discharged Prisoners, and later the St. Giles's -Christian Mission and the Church Army and Salvation Army, came to be -recognized as the agents for helping a convict on discharge. There -was no Government Grant. It was voluntary on the part of the convict -whether he should place himself in the hands of such a Society. If -he so desired, the Gratuity that he had earned would be paid to him -through the Police or otherwise at the place whither he went on -discharge. A Gratuity, as already described, was a sum of money which -could be earned under the Progressive Stage System for general industry -with good conduct: it had no relation to the value of work done, being -based simply on the degree of industry, and apportioned to what is -known as the Mark System _i.e._, so many marks representing so much -cash. The English Gratuity System was, therefore, quite different from -what is known on the Continent as the "_Cantine_" or "_Pécule_" System, -under which a prisoner receives a percentage of the actual profit of -his work, and which he is allowed to spend on diet or otherwise during -detention. An English convict (unless in the Long Sentence Division or -under Preventive Detention) was not allowed to spend any part of his -Gratuity while in Prison, but it was accumulated as a small cash fund -to provide against the day of discharge. £6 was the maximum that could -be earned, but the average amount earned would be considerably less -than this. In old days it was possible for convicts to earn large sums -of money, but the practice was condemned by a Royal Commission in the -middle of last century, and, since that date, the amount earnable has -been limited as stated. - -With regard to Local Prisons, from the earliest times it was not -uncommon for persons to leave bequests for the relief of prisoners -on discharge from Prison, some of these dating as far back as the -15th century. The first legal enactment took place in 1792, by which -Judges and Justices were authorized to order any prisoner on discharge -to be conveyed by pass to his own parish. About this time, Societies -began to be established for the relief of prisoners on discharge. -One of the earliest--the Sheriff's Fund Society (which exists at the -present time), was founded in 1807-8 for the relief of necessitous -prisoners discharged from Newgate Gaol. Another Institution, known as -the "Temporary Refuge for Distressed Criminals" discharged from the -London Gaols, owed its origin to the efforts of the Society for the -Improvement of Penal Discipline. It was commenced in 1818, but was soon -after closed for want of funds. - -In 1823 an Act of Parliament was passed giving power to Justices -to direct that such moderate sum should be given to any discharged -prisoner, not having the means of returning to his family, or resorting -to any place of employment, as in their judgment should be requisite, -such sums to be paid either out of benefactions or as Prison expenses. - -Soon after this time, numerous Societies came into existence. One of -the most notable experiments of this kind was the Birmingham Discharged -Prisoners' Aid Society. A report issued at this time by the Chaplain -of the Prison, the Rev. J.T. Burt, stated that the Society took its -rise in the conviction of its founders that crime is to a considerable -extent the result of external circumstances. The Society employed an -agent to canvas employers for work, and found lodgings in the homes of -poor persons of respectable character for the discharged prisoner. In -special cases it gave guarantee to the employer against special loss in -the event of his sustaining injury through the person recommended to -him. The whole plan was reported to work successfully. - -A prisoners' relief Society was formed in connection with Worcester -Prison in 1840. Its rules provided, as an inducement to employers of -ex-prisoners, for the grant of a weekly sum of money. This allowance -might continue for three months, being subject to withdrawal in -unworthy cases. For prisoners who could not get work, an allowance -not exceeding four shillings a week might be paid for a period not -exceeding one month. - -Another early experiment was the "Gloucester Refuge for Discharged -Prisoners" commenced in 1856. Prisoners on discharge from the County -Gaol were, on the recommendation of a Visiting Justice or the Chaplain, -maintained free of charge for a fortnight, after which a small charge -was made. On employment being found they handed over the whole of their -earnings, any balance remaining being handed to them on leaving the -Institution. The stay of unemployed inmates was limited to fourteen -days, and in no case exceeded one month. - -Another phase of relief to discharged prisoners took the form of an -"Industrial Home" at Wakefield, founded in 1856, under the auspices of -the Governor of the House of Correction for the West Riding. It was -said to be self-supporting, manufactures being carried on. Lodgings -were found for inmates outside the Home. - -These three experiments are said to have compared favourably as regards -expenditure with those having the same object in view, which had -been established in London, and known as the London Reformatory, the -Preventive and Reformatory Institution, and the Metropolitan Industrial -Reformatory at Brixton. - -About this time, Societies for aiding ordinary prisoners on discharge -were formed at many of the larger Prisons, _e.g._, the Hull, East -Riding, and North Lincolnshire; Glamorganshire; North and South -Stafford; Leeds; West Kent; Manchester; Liverpool; and the Metropolitan -Aid Societies, all of which are in existence at the present time. - -The success of the Birmingham experiment is said to have led to the -passing of the Act of 1862, which recited that Aid Societies had been -established by voluntary effort, and gave power to Justices to pay a -sum not exceeding £2 to such Societies, to be expended on behalf of the -discharged prisoner. - -Another Act was passed in 1865 which re-enacted a similar provision -to that contained in the Act of 1862, the expense to be borne by the -local rates. Under the Prison Act of 1877, it was laid down that "where -any prisoner is discharged from prison, the Prison Commissioners may, -on the recommendation of the Visiting Committee or otherwise, order a -sum of money not exceeding £2 to be paid by the Gaoler to the prisoner -himself, or to the Treasurer of a Certified Prisoners' Aid Society or -Refuge, on the Gaoler receiving from such Society an undertaking to -apply the same for the benefit of the prisoner." - -This being the law, two general observations may, I think, be made with -regard to it (1) that the duty of aiding prisoners on discharge has -been recognized from the beginning of the century as a public duty to -be borne by public funds, the Voluntary Aid Society being ancillary for -this purpose, _i.e._, to assist in the disbursement of public money, -and _incidentally_, at least, in the first instance, to increase it by -private benefaction (2) that in its origin this grant was a charitable -gift, irrespective of the prison history and conduct of a prisoner, and -the total sum expended might assume large proportions, the maximum of -£2 being permissible for _any_ prisoner. - -As a matter of fact, the local authority used this power very -sparingly. A Return is given in Appendix 19 of the Second Annual -Report of the Commissioners, and shows that the total discharges for -the three years preceding 1878 were, roundly, 370,000, and the total -gratuities paid to prisoners, roundly, £11,000, or a proportion of -about 7d., per head, the sums given varying greatly in the different -districts, _e.g._, Cold Bath Fields Prison gave £3,000 and Manchester -£60 for a nearly similar number of discharges (circ. 30,000). In some -Prisons, there was a system of giving a percentage on the value of -work done, but this did not prevail to a large extent, and the above -statement may, I think, be taken as roughly representing the extent to -which monetary help was forthcoming to discharged prisoners before the -prisons passed into the hands of the Government. - -At this point, as was to be expected, when every other Department of -Prison administration was undergoing revision and reconstruction, -the question of devising a system of aid-on-discharge received a -large share of notice. As before stated, the law of 1877 gave the -power to grant £2 to any prisoner. There was, therefore, no legal -difficulty in the way of continuing the same method that had previously -prevailed, _viz_:--in deserving cases of granting a sum of money on -the recommendation of the Visiting Committee, or otherwise. This -comparatively simple method was not resorted to, and apparently -because it seemed to the authorities to be too capricious in its -operation, to work unevenly, and to lack that precision and uniformity -which it was the object to establish. Moreover, as stated, it had -no relation to the conduct and industry of a prisoner, and it was -only natural that the Commissioners should be predisposed in favour -of the system of gratuities under the Progressive Stage System, at -that time working with success in Convict Prisons, and where the -money that a prisoner could earn by industry with good conduct was -also a gratuity or benefaction which, under proper direction, might -be used for his benefit on discharge. In their Second Annual Report, -the Commissioners stated "There is no reason why such a system of -awarding gratuity for industry should not be worked in conjunction -with that of aiding prisoners with reference solely to their needs -on discharge. As respects the grants of aid, it is, in our opinion, -essentially necessary to success that the co-operation of persons -unconnected with the prisons should be secured in order that _by their -aid_ and interest, prisoners may be provided with employment." Here -we have, therefore, a distinct departure, the so-called 'gratuity' -of the convict system taking the place of the former grant in aid in -Local Prisons; or, in other words, one of the methods for securing -Prison industry and conduct being utilised for the additional purpose -of supplying the needs of a prisoner on discharge. It is, I think, -obvious that such a scheme--though it worked well in regard to convicts -where the maximum gratuity might reach £6--is not applicable to Local -Prisons where the maximum is fixed at ten shillings, and where few -prisoners reach their maximum, or even a considerable portion of it, -owing to the shortness of their sentences. However, the attempt was -made, and a sum of £5,000 taken in the Estimates under the heading of -"Gratuities"--an equivocal term, meaning both the earnings of prisoners -under the Progressive Stage System and also the charitable donation, -which was to benefit the prisoner on discharge. It soon became apparent -that the effect of this policy would be to starve existing Aid -Societies and to paralyze their powers of good. Strong representations -were made to the then Secretary of State that it had become impossible -to help short sentence cases--often the most deserving and including -most of the first offenders--and in December, 1878, a Conference of -Aid Societies was held to "protest against the failure of the Stage -or Mark System for the purpose of aid on discharge," and a resolution -was passed asking the Government to make a grant in addition to the -gratuities under the Stage System at the rate of one shilling a head -of total discharges. In consequence of this, the Home Office decided -that the Stage System should be considered as a matter of discipline, -but that assistance to Discharged Prisoners' Aid Societies should be -on a different footing: and that it was reasonable, and in accordance -with public opinion, to make a grant either according to the number -of cells or the number of discharges _provided a certain proportionate -amount is voluntarily subscribed_. Here are contained two important -assertions of principle on which has been based the action of the -Government since this date. - - (1) that it is the duty of the Government to make a charitable - donation in aid of discharged prisoners in addition to the gratuities - under the Stage System, which are an affair of prison discipline. - - (2) that the sum should be regulated by the amount of private - subscriptions, provided that a maximum calculated on the total number - of discharges is not exceeded. - -In short, the State goes into partnership with bodies of charitable and -benevolent persons, duly certified under the Act, in order to secure -a double object (_a_) the State object, that steps shall be taken at -least to lessen the chances of a man's relapse into crime (_b_) the -private and charitable object of relieving misfortune and distress. - -After some correspondence, the Treasury agreed to the principle, and -in addition to the money already taken for gratuities in Local Prisons -(£5,000), an ultimate limit of £4,000 was sanctioned for this purpose, -and its expenditure was regulated by the following conditions:-- - - (1) that there should be assigned to each prison the proportion of - this sum which its average number of prisoners or of discharges bore - to the total number of the same. - - (2) that there should be a Discharged Prisoners' Aid Society in - connection with the Prison, and that voluntary subscriptions should be - at least an equal amount. - - (3) that the Society, if required, take charge of the sums earned - under the mark system. - - (4) that the grant should be exclusively for the benefit of prisoners - recommended by the Prison authorities as industrious and fairly - conducted. - - (5) that the grant shall not in any case exceed £2, inclusive of the - sum earned under the Stage System. - -The System, however, did not work satisfactorily; and the Departmental -Committee on Prisons of 1894, after considering the matter, reported -that it did not appear that there was either uniformity of action -under definite principles, or that the various Societies were so far -organized as a whole that the effect of aid could be satisfactorily -ascertained. There seemed to be a great and unnecessary variation in -the methods of working. They advised that a special inquiry should -be undertaken into the character, and working, and methods, of each -Society, and were in favour of an increase in the Government Grant -where it was shown that Societies were working on principles approved -by the Government, and with success. Such an inquiry was undertaken by -the Commissioners in 1896, and, at the end of the following year, a -Circular was issued by them prescribing Rules for the future regulation -of all Aid Societies. - -In suggesting these Rules, the Commissioners made it clear that it -was not their desire or intention to coerce or interfere with the -free liberty of action of Societies which were of course only subject -to official control so far as they might draw a subsidy from public -funds. They pointed out that "the central authority has opportunities -not possessed by individual societies of collating information as -to the methods and working of all Societies; and upon the knowledge -thus obtained, of forming an opinion as to what are, on the whole, -the methods most likely to succeed in attaining the objects which the -Societies and the Government have in view: that uniformity of procedure -does not necessarily connote official control. As there has been in the -past, so there must be in the future, official control to this extent, -_viz_:--that it is the duty of the Government to satisfy itself in all -cases where there is a grant, however small, from public funds, that -the grant is expended in a proper and effectual way on the object for -which it is designed: that the Commissioners are, on the one hand, the -trustees for the Government grant, and, on the other, the responsible -authorities for carrying out the sentences of the law, and, though -their strict duty ends when the prisoner has purged his crime, and -left the prison gate, common humanity demands that some care shall -be bestowed by the State on the discharged prisoner, both in order -to relieve his immediate necessities, and to make his re-entry into -honest life possible and less difficult: that it is in the fulfilment -of this latter duty that they have in the past been able to avail -themselves of the assistance, warmly proffered and gratefully accepted, -and in very many cases zealously and effectually rendered, of certified -Societies for the Aid of Discharged Prisoners: that these Societies now -form a network of charitable and philanthropic effort spread throughout -the country and working in connection with each prison: that their -work, though due to private initiation, and mainly supported by private -subscriptions, has nevertheless such public importance and value, -that it is becoming more the duty and concern of the Government, not -indeed to fetter and harass their free and independent action by the -imposition of binding official rules and regulations, but to encourage -and stimulate their efforts, to offer direction and guidance, and it is -in this spirit, and not with any desire to override or control the free -play of benevolent action, that the Commissioners desire to suggest, -for the guidance of each Society, the methods which they believe to be -the most effectual." - -The Scheme was as follows:-- - -(1) That the Governor and Chaplain should, in all cases, be members of -the Committee, and should act with, or as, a Sub-Committee under the -larger body, for the purpose of dealing with small cases, and those -under short sentences. - -(2) That the Visiting Committee should, if possible, in all cases be -members of the Discharged Prisoners' Aid Society, and take an active -share in its management, _especially in cases where they are also -Trustees of the Prison Charity_. - -(3) That a Sub-Committee of ladies be appointed for the assistance of -female prisoners, and that they act under instructions prescribed for -them by the Commissioners. - -(4) That for both male and female prisoners, Agents should be appointed -in all cases. - -(5) That the Society should establish relations with any Labour Homes -or Institutions for men and women that may exist in the county or -district, and shall arrange for the charge of cases by payment of a -capitation grant. - -(6) That the Society should appoint corresponding members or -committees, _e.g._, Clergymen, Police Officers, private individuals -(male and female) in districts remote from the Prison with the object -of (_a_) paying gratuities; (_b_) following up a case; (_c_) securing -care and superintendence in a deserving case; (_d_) furnishing -information with a view to employment. - -(7) That the Society should take charge of _all_ gratuities and arrange -for their disbursement in a manner most advantageous to the prisoner, -and calculated to prevent the immediate and useless dissipation of -the money. Payments of cash in lump sums should, as far as possible, -be avoided, and receipts for all cases should be taken for the aid -which has been given. Payments by instalments and through the agencies -described in (6) will be preferred, and when necessary, payments in -kind by the purchase of clothes or materials, according to the needs of -each case. - -(8) That the Society should allow other benevolent societies or persons -desirous of assisting discharged prisoners to make arrangements for so -doing, subject to its approval and control. - -(9) That the Societies should co-operate with each other by mutual -arrangement, in taking charge of cases coming from districts other than -their own; especially of the juveniles whose sentences are in excess of -one month and who are transferred to collecting or district prisons, -and who thus by being moved out of their own localities might suffer by -being deprived of local interest in their case. - -It will be seen that these Regulations did not fundamentally alter -the principles according to which the aid to discharged prisoners -had hitherto been regulated. Gratuity remained part of the system: -there was no proposal to increase the Government Grant, and the new -Regulations applied only to prisoners discharged from Local Prisons. -The object in view was mainly to secure greater uniformity in method, -and otherwise to secure the co-operation of any outside agencies, -persons, or Institutions which might be able to give assistance in the -districts where the prisoners were discharged. - -No further action was taken in the way of improving or altering the -system of aid-on-discharge in either Convict or Local Prisons till -some ten years later, when a very important step was taken, completely -changing the system of the former, and largely modifying that of the -latter. The Commissioners informed the Secretary of State in 1909 that, -after full consideration, they had come to the opinion that the task -of rehabilitation in the case of a man on discharge from a sentence of -Penal Servitude was too difficult and too costly to be left entirely to -voluntary Societies unaided by any grant of public funds, and working -independently of each other, at a problem where unity of method and -direction are above all things required. Mr. Secretary Churchill, -to whom these views were represented, at once agreed that a new -Agency should be established for the aid of discharged convicts, and -announced his decision in the House of Commons in July, 1910. The new -Association has accordingly been formed, and is called, "The Central -Association for the Aid of Discharged Convicts." It combines, for the -common purpose of aiding prisoners on discharge from penal servitude, -all those Societies which had hitherto been operating independently -at Prisons. This new Association is subsidized by the Government, and -is not dependent on voluntary contributions. At the same time, the -Gratuity System has been discontinued, and the Association undertakes -to provide in the case of every discharged convict, so that he may -not be without the necessaries of life, and a fair prospect of -rehabilitation on the day of discharge. The Association, which is under -the capable management of Sir Wemyss Grant-Wilson at 15, Buckingham -Street, W.C., established a procedure by which every convict is -interviewed at a reasonable period before discharge. At this visit, -his wishes and circumstances are ascertained, and if he desires to -place himself under the care of any of the Societies represented on the -Association, arrangements are made accordingly. - -The Association is governed by a General Council, of which the -Secretary of State is President, and on which the Societies and -Institutions hitherto operating in this particular field of charity -are represented. - -While these great changes were proceeding in the Convict System, I was -endeavouring also by conference with representatives of Discharged -Prisoners' Aid Societies of Local Prisons to obtain their agreement -to certain changes in the system of aid for Local prisoners, having -been led by experience to the opinion that a greater efficiency might -perhaps be attained in dealing with prisoners discharged from Local -Prisons under a different system. I submitted certain propositions, the -object of which was, within the limit of existing financial resources -(public and private), by an alteration of the financial arrangements, -to increase the powers and duties of Aid Societies, subject to a -sufficient control of public funds on the part of the Commissioners. - -This could only be made possible by discontinuing the practice of -allowing certain prisoners to earn gratuities _as a matter of right_ -by good conduct and industry in prison. Long experience had led the -Commissioners to the opinion that the Gratuity System in Local Prisons -was not a success. It was originally borrowed from the Penal Servitude -System at the time when Local Prisons were centralized at Whitehall, -and was generally accepted as a sufficient discharge of the power -conferred on Justices of the Peace under Section 42 of the Prison Act, -1865, for making provision for the benefit of discharged prisoners, but -it was ineffective, as a means of charity, because such a relatively -small percentage of prisoners (_i.e._, only those whose sentences -were over one month) would profit by it, and, secondly, as a means of -discipline in securing the good conduct of the prisoners by the hope -of earning a small sum on discharge, it could now be dispensed with, -as the power to earn remission, conferred by the Prison Act, 1898, -constituted, in the opinion of the Prison Authorities, a sufficient -inducement to abstain from acts by which this highly-prized privilege -could be lost. It was therefore desirable that the benefits conferred -on prisoners by the Gratuity System should be secured to them in some -other way. The State was paying in Gratuities at that time about -£8,000 a year, and between £3,000 and £4,000 by way of grants to Aid -Societies, under the scheme approved in 1897. To this total of about -£11,000 a year the Aid Societies were contributing, roughly, about -£10,000 a year. My proposals were (1) to abolish all gratuities: (2) -to raise the Government grant from 6_d._ to 1_s._ per head: (3) to -place this money at the disposition of the Aid Societies, at a rate -corresponding to the number of prisoners discharged from each prison, -subject to certain conditions, the principal of which were that every -Discharged Prisoners' Aid Society should: (_a_) be duly registered with -a certificate of the Commissioners that it is properly and efficiently -organized: (_b_) that the increased Government grant should be met by a -local annual subscription equal to one-half of the amount: (_c_) that -the money hitherto spent on Gratuities should be handed over to the -Discharged Prisoners' Aid Society, no Society to receive less in grant -than the annual average amount of gratuity earned at the prison during -the last triennial term. - -The effect of these proposals, which were finally approved by the -Secretary of State and the Treasury, at the beginning of 1913, was -obviously to increase very materially the amount which each Society -receives from public funds. The intention is that every case, -_irrespective of length of sentence_, shall receive the _personal_ -attention of the Aid Society attached to the Prison, whose resources -are considerably increased under the present plan. The Government -having great confidence in the earnest purpose of the Discharged -Prisoners' Aid Societies throughout the country, felt justified in -asking them to undertake this greater responsibility. In giving effect -to these proposals it was pointed out to the Aid Societies that it -could only be undertaken, with any prospect of success, and even with -fairness to the prisoner (especially if under a long sentence, and -henceforth to be deprived of his Gratuity), subject to the following -conditions-- - -1. The affairs of the Society shall be managed by a Committee. The -Committee shall appoint a Sub-Committee whose duty it shall be to meet -weekly at the Prison, and to make provision for assisting prisoners due -for discharge in the ensuing month or fortnight. The Sub-Committee -shall consist of at least one member of the Discharged Prisoners' -Aid Society, to be selected by roster or otherwise, in addition to -the official Prison Authorities. The Governor, Chaplain, Priest, and -Minister of the Prison shall be _ex-officio_ members of the Committee -and of the Sub-Committee. Lady Visitors shall also be members of both. - -2. Where the amount of work to be done is sufficient, the Society shall -appoint an agent or agents to act under their direction generally, and -in particular:-- - - (_a_) to find employment for discharged prisoners. - - (_b_) to find respectable lodgings or Homes in which discharged - prisoners may be placed and maintained in suitable cases. - - (_c_) to visit, encourage, and report on the progress of all persons - under the care of the Society. - - (_d_) to accompany prisoners to the railway station and see them off, - if required. - -3. The Society shall keep a record of its dealings with all discharged -prisoners, and shall publish an Annual Report, with statements of -results and of Accounts in an approved form. The accounts shall be -audited by a Chartered Accountant. Three copies of such report shall -be forwarded to the Commissioners not later than the 14th of April in -every year. - -4. The payments and grants received from the Commissioners shall be -expended for the benefit of prisoners, and shall not be invested. - -5. The Society shall render assistance to all deserving cases on -discharge, irrespective of length of sentence, all prisoners being -deemed to be eligible for assistance provided that they are, in other -respects, worthy of the consideration of the Society, special attention -being paid to the longer sentenced prisoners who formerly earned -gratuity. - -6. The Society shall co-operate with the Borstal Committees in giving -special attention to the assistance on discharge of persons treated -under the "Modified" Borstal System. - -The new scheme is working satisfactorily, and there are signs -everywhere that the result has been to encourage and stimulate the -action of the Societies by throwing a great and new responsibility -upon them, and by placing in their hands a considerable sum of public -money, to be spent according to their discretion and not according -to a fixed and mechanical rule, as was formerly the case under the -Gratuity system. There is every reason to hope that the system of -aid-on-discharge, both in Convict and Local prisons, is now placed -on a sound and effective basis, and that through its operation, many -cases will be saved from a relapse into criminal ways, owing to the -personal care and individual attention which the new system postulates -as a condition of efficiency. During 1918, 21,388 convicted prisoners -were discharged, of whom 7,719, or 36 per cent., were aided, and of -these latter, 75 per cent. were suitably placed in good employment. -Twenty-eight Aid Societies were able to find employment for over 50 per -cent. of the cases aided by them. - -The new system in each case, both for Local and Convict Prisons, -furnishes a remarkable example in the application of what may be -called the new spirit in the Prison Administration of this country, -_i.e._, the cordial and harmonious co-operation between official and -voluntary effort, which experience shows every day to be not only the -best, but the only effective method for dealing with the problem of the -discharged prisoner. - -An important change has recently been made in the machinery of the -Central Organization of Aid Societies. Prior to 1917, the central -representation of Aid Societies had been by means of a Committee of -the Reformatory and Refuge Union, known as the Central Committee -of Discharged Prisoners' Aid Societies. The Reformatory and Refuge -Union had, in the early 'sixties, warmly taken up the question of -aid-on-discharge, and, by its energy and initiative, had become the -principal instrument for the organization of Societies dealing with -short-sentenced prisoners. In 1878, soon after the passing of the -Prison Act, an important conference of Aid Societies was convened by -the Union, at which a Committee was appointed having generally for -its purpose to extend the operations of Aid Societies, as well as to -maintain existing Societies and to increase their efficiency. This -historical connection with the Reformatory and Refuge Union remained -till the present time, and of late years, the Central Committee, under -the able direction of its Chairman, Lord Shuttleworth, has rendered -valuable service in calling attention to various reforms by means of -conferences invoked, from time to time, in different centres. There -had, however, been manifested of late years a growing desire on the -part of many Societies for some change in the central organization, -which should have the effect of strengthening the Executive function of -the Central body, so that its influence might be extended and advantage -taken of its large common stock of experience for the investigation of -new methods of development. The Chairman of the Royal Aid Society, Mr. -F.P. Whitbread, acting in agreement with the representatives of some -of the leading Societies, proposed a scheme for the establishment of -such a Central Executive body, to meet periodically for discussion, -and with power to appoint sub-Committees to enquire, and report, and -advise as to the adoption of improved methods of relief for the various -categories of prisoners of both sexes. The new body, known as the -Central Discharged Prisoners' Aid Society, was formally instituted by -general consent at the beginning of 1918, Mr. Whitbread being elected -Chairman of the Central Executive Committee, and the Commissoners were -invited to nominate three members to serve on the Executive. The new -system is only a variation of that hitherto pursued; but its effect -will be to bring a more direct influence on the various Societies, -all of whom will be represented on the Executive. In this way not -only uniformity of procedure, but an agreed policy in the pursuit of -a common purpose, is likely to result. It is only the complement and -the fulfilment of the public-spirited and beneficent work undertaken -in the beginning by the Reformatory and Refuge Union, acting through -the Committee of 1878, and to that body must be given the credit not -only for pioneer work in originating the system of aid-on discharge in -this country, but for the growth of public interest and zeal in the -development of this particular branch of social work, to which the -recent change of methods bears witness. - -During recent years, the work of Aid Societies has been extended to the -assistance of the wives and families of men undergoing imprisonment, -and the steps taken will insure that, in future, no deserving case will -be overlooked, and the suffering that has been endured by hundreds of -innocent women and children will become a thing of the past. Various -agencies have rendered assistance in making the necessary inquiries, -chief among them being the National Society for the Prevention of -Cruelty to Children, the Church Army, and the Charity Organization -Society. - -Owing to the War, no general effect has yet been given to the powers -taken by Section 7 of the Criminal Justice Administration Act, 1914, -to subsidise a society for the care and control of persons under the -age of 21, being either on Probation, or placed out on licence from -a Borstal Institution or Reformatory or Industrial School, or under -supervision within the meaning of Section 1 (3) of the same Act (vide -page 82). As President of the newly-constituted Central Committee of -Discharged Prisoners' Aid Societies, I recently took the opportunity -of appealing for the establishment of a National Society for the -Prevention of Crime and for the Protection of the Young Offender. -All these categories of young persons named are now being attended -to by different Agencies or persons, the same agent often acting for -different classes, though not under the same authority. Such a National -Society, though not interfering with liberty of action of each, would -co-ordinate the whole, and such exchange of voluntary service might -be of the greatest benefit, and would provide the rallying point for -all forces, both secular and religious, now occupied in the task of -rehabilitating those who have fallen under the ban of the criminal law. - -So far, I have dealt only with "Patronage," as applied to Convict and -Local Prisons. There are two other categories of prisoners who are -dealt with on discharge in a different way, _i.e._, those discharged -under the Prevention of Crime Act, 1908 (_a_) from Borstal Institutions -(referred to in a former chapter): (_b_) from Preventive Detention. - -The Gratuity System still remains in force for both these classes, its -object being, in the former case, that the inmate should have a small -_pécule_ at his disposition, which, taken in conjunction with such -assistance as the Borstal Association are able to give, may furnish -material help towards his reinstatement; and, in the latter, where -a prisoner may be awarded 1d., 2d., or 3d., for every working day -according to the nature of work, and skill, and industry displayed. The -money thus gained may be spent, either in purchasing certain articles -in the canteen, or be sent to a member of his family: if accumulated, -it would, in the event of conditional licence, be paid over on the -prisoner's behalf to the authorities of the Central Association to be -expended in such way as they may think fit for his benefit. - -The Gratuity System also remains in force for those young prisoners -who are treated under the "Modified" Borstal System in Local Prisons, -as before explained, the object being not only to provide a stimulus -for labour and good conduct, but to furnish means for material aid on -discharge in cases considered by the Borstal Committee operating at -each Prison, for the purpose of the reinstatement of these lads in -honest industry. Moreover, they are not entitled to earn remission in -the same way as are other prisoners under the provisions of the Prison -Act, 1898. It is because ordinary prisoners have enjoyed this privilege -since 1898 that it was found possible to abolish the Gratuity System -for them, the necessary stimulus for industry with good conduct being -provided for by the hope of remission of sentence, which experience -shows to be more effective for the purposes of discipline than the -fear of losing any portion of the money to which they may have become -entitled under the Progressive Stage System. - - * * * * * - -For many years prior to the War, statistics of recidivism had -indicated, at least so far as serious crime tried on indictment was -concerned, that the mass of criminality was being confined to one -set of people, who were slowly passing to the later age categories, -and leaving a reduced number to take their place. The Tables printed -below show the remarkable decline in recidivism that has taken place, -especially since the War. A large proportion of this decrease may -doubtless be credited to the extraordinary growth of "Patronage", -or aid-on-discharge, which has taken place during the last quarter -of a century. For many years past, the Borstal Association has been -successful in reclaiming over 70 per cent. of the lads, 16-21, released -to its care; and among hardened convicts, the Central Association is -able to furnish remarkable figures. In their report for 1914-15 they -showed that since its foundation in 1911 the following numbers of -discharged convicts had passed through its hands each year:--1,147, -878, 761, and 792. Of this body, the numbers still out of prison on -the 1st April, 1915 were 527, 474, 449, and 662 respectively. Of those -discharged during 1914-15 the numbers in the "Star," "Intermediate" -and "Recidivist" classes were, respectively, 77, 187, and 528. -The number reconvicted in each category was 2, 21, and 107. As we -pass, therefore, from the "Star," or First Offender category, the -difficulty of successful after-care becomes manifest; thus, while -only two First Offenders were reconvicted, the reconvictions in the -case of "Intermediates" and "Recidivists" were 11 and 20 per cent. -respectively. It is clear, however, from the Annual Report of the -Association, that they are far from being dismayed by what must be, in -many cases, a hopeless struggle with this resisting mass of recidivism. -They look forward, and with good reason, to the hope that lies in -the future, _viz_:--that what they describe as "the stage army of -recidivist outlaws" will be steadily and permanently reduced in Convict -Prisons, not only in consequence of a better system of after-care, -which, under new methods, now awaits the convict on his first discharge -from penal servitude, but as the certain result of concentration of -effort on the young, or adolescent offender. To find work for 366 -out of 792 discharged convicts is by itself striking evidence of the -vigour, method, and real zeal which characterizes the work of the -Association; to be able to report that 662 of these men were known to -be satisfactory at the end of the year furnishes proof of a work which -must, from the character and antecedents of these cases, be extremely -difficult and unpromising, and shows that the men must have been the -subject of much careful shepherding. - -About ten years have elapsed since the formation of the Central -Association, and since that date the actual number of persons convicted -on indictment with _six or more_ previous convictions has fallen by -80 per cent. In 1910, there were 1,066 prisoners convicted who had -previously served a sentence of penal servitude, while in 1918 there -were only 297. A great reduction has also taken place in the number of -male convicts classified as Recidivist after reception into prison. -Prior to 1911, the number frequently exceeded 900 annually, while in -1918 it was only 191. - - * * * * * - -The following tables show (a) the actual fall that has taken place in -the numbers sentenced on indictment who had been previously convicted, -and (b) the decrease in the number of male convicts classified as -recidivist:-- - -(a) - - -----+---------------+----------------------------------- - |Total convicted| Number previously convicted - | +---------+---------+--------------- - Year| on indictment |1-3 times|4-5 times|6 times & over - -----+---------------+---------+---------+--------------- - 1910| 11,317 | 3,954 | 1,215 | 3,828 - 1913| 10,165 | 2,459 | 998 | 3,462 - 1918| 4,694 | 1,153 | 287 | 786 - +------------+ - Decrease per cent.| - since 1900 |59| 71 | 76 | 80 - ------------------+--+---------+---------+---------------- - -(b) Classification of Male Convicts received into Convict Prisons. - - ----------------------+---------+-------------+-----------+------- - Year |Star, or |Intermediate.|Recidivist.|Total. - | First | | | - |Offender.| | | - ----------------------+---------+-------------+-----------+------- - Average for five years| | | | - ended 1910-11| 99 | 245 | 948 | 1,292 - " " 1915-16| 104 | 160 | 579 | 843 - For year 1916-17| 18 | 55 | 279 | 352 - " " 1917-18| 63 | 49 | 298 | 410 - " " 1918-19| 40 | 70 | 191 | 301 - Decrease per cent. | | | | - since 1910-11| 60 | 71 | 80 | 77 - ----------------------+---------+-------------+-----------+------- - - - - -CHAPTER XV. - -THE MEDICAL SERVICE. - - -No account of the English Prison System would be complete without -reference to the place and duty of the Medical Officer in the daily -administration of a Prison. The English law requires that a Medical -Officer shall be appointed to each prison. The appointment is made -by the Secretary of State on the recommendation of the Prison -Commissioners, and office is held subject to the approval of the -Secretary of State. Great care is taken in selecting suitable men with -high medical qualifications, and who are possessed of proved tact and -discretion; a practical knowledge of insanity is also requisite. As -the size of the prison varies very considerably, in the smaller prison -the Medical Officer is generally a medical practitioner residing in -the vicinity of the prison, who devotes a part only of his time to -prison duties: at least one visit daily is required. In the larger -prisons one or more medical men are appointed, whose whole time is at -the service of the Commissioners, the senior appointments being filled -by promotion from the junior rank. The prisons are frequently visited -by a Medical Inspector who not only supervises and advises the Medical -Officers, but forms a link with the whole of the Medical Staff, thus -tending to standardize the medical work carried out in prisons. He is -also available to visit and report on any individual prisoner when any -difficulty arises necessitating special inquiry. He works under the -Medical Commissioner, who represents the medical side of the service on -the Prison Board, and deals with the administration of the Department. - -The mere enumeration of his statutory duties reveals the great and -varying responsibility imposed upon the Medical Officer:--examination -on reception and discharge; visitation of the sick and those under -punishment; the sanitary condition of the buildings; ventilation; food; -water; clothing and bedding:--all these things are combined in the -daily round. He classifies prisoners for labour according to their -physical fitness. He carefully notes the effect of imprisonment on -the mental or physical state of prisoners, and advises when, in his -opinion, life or reason is likely to be endangered by the continuance -of imprisonment, and it is satisfactory to record that no abuse of this -great responsibility has occurred since the prisons were taken over by -the State in 1878. He takes under special observation any case where -he has reason to suspect that the mental state is becoming impaired or -enfeebled by imprisonment, and carefully notes any sign of incipient -insanity. The health of the prison officers and their families, and the -sanitary condition of their quarters are also his special concern. - -It is a striking testimony to the skill and care with which these -duties are performed that, with receptions in a normal year, we will -say, of 200,000 persons, and with some 15,000 serious cases treated -annually in hospital, of both sexes, and some 25,000 under continuous -medical treatment for seven days or over, the death-rate in prison -should be generally less than ·50 per 1,000 receptions. - -Our prisons have been described by a high medical authority as among -the best sanatoria in England. This praise is well deserved, but it -does not mean that illness is rare or only trivial, but that the skill, -industry, and patience of the medical staff, operating in healthy -sanitary conditions, equipped with modern knowledge and resource -in dealing with the great variety of disease, which diagnosis on -reception, or individual care during detention, reveals, is effective -in maintaining a high standard of general health with a comparatively -low death-rate, so far as prison conditions admit a comparison with the -general death-rate of England and Wales. - -For instance heart disease, pneumonia, and phthisis claim a regular -roll of victims, though, in most cases, death would be due to chronic -complaints in old, or prematurely old persons, with broken-down -constitutions. - -The incidence of infectious disease in prisons has, for some years -past, been remarkably low. In a prison community, any illness of an -infectious character is naturally viewed with great apprehension, -and is always made the subject of strict inquiry--the danger of -infection being, of course, very great when so many persons are daily -received and brought into association at chapel, exercise, labour, -&c. Against this danger, the chief prophylactic must be in the exact -and unerring skill of the Medical Officer, who is able to detect -symptoms on reception which, unless detected, might spread an epidemic -throughout the prison. Thus, at the time of the small-pox epidemic of -1902, it was due to the precautions taken that, with few exceptions, -this highly infectious disease was prevented from spreading. When the -epidemic of enteric fever raged at Lincoln in 1905, not a single case -occurred in the prison, though prisoners were being received daily from -various parts of the city. Erysipelas is disease which is not uncommon -in prisons in the early days of imprisonment. Prisoners are not -infrequently received with cut hands and other wounds in a neglected -or septic condition, and with a probable predisposition to the disease -arising from a weak or unhealthy physical condition. Isolation, and the -usual precautions, however, generally prevent the disease, which has a -tendency to recur, from spreading. - -Deaths from phthisis average from ten to twenty a year. It is very -rare indeed for the disease to manifest itself for the first time -during imprisonment, but is already existing on reception, and more -often than not in a far advanced condition. It had been observed that -for the ten years ending 1901, there had been an average death-rate -of 16·7 from this cause, and in that year, special instructions -were issued for the segregation and special treatment of tubercular -disease. Cases were to be treated in the most airy cells, with southern -aspect, and special precautions taken with regard to the provision of -spittoons, disinfection of clothing, utensils, fumigation of cells, -&c. To carry out the spirit of these instructions necessarily entails -much circumspection and good-will on the part of all concerned, both -officers and patients. The effect of these regulations is not easy to -discern in Local, or short-sentence, prisons, owing to the fugitive -character of the population, but in convict, or long-sentence, prisons, -where the conditions incident to imprisonment are operative over a -sufficiently long period, evidence may be found as to the measure of -the effect of prison life on this particular disease. An inquiry made -in 1906-7 shows that the death-rate from phthisis among males (cases -very rarely occur among females) sentenced to penal servitude (_i.e._ -not less than three years) was 1·38 per 1,000 of the daily average -population. Previously to the regulations of 1901, the mortality was -nearly double, amounting to 2·00 per 1,000. Since 1901, also, another -cause has been operating towards a decline in the amount of tubercular -disease, _i.e._, the more generous prison dietary of that year, with an -increase in the proportion of fatty elements. - -Inquiries made at the time of the appointment of the Royal Commission -to inquire into the prevalence of Venereal disease in 1913 showed -that of the receptions into prison during the six months between -November and April 1914, 64,023 males and 17,161 females were received -into prison. Of the males 1·58 per cent., and of the females, 1·98 -were found to be suffering from some form of venereal disease. Full -advantage is taken of the modern methods of treatment, and practically -at all the larger prisons there is a clinic. Where facilities do not -exist in the smaller prisons, prisoners are treated at an outside -clinic, or transferred to a prison where there is one. - -Medical Officers also have very important duties and responsibilities -in connection with the feeding of prisoners. Prison dietaries in this -country have always been prescribed by Statute, but these definite -prescriptions--what a prisoner shall eat and drink--are always subject -to the moderating discretion of a Medical Officer. Formerly, the prison -dietary was regarded as an element of penal discipline. Sir J. Graham, -when Home Secretary, had repudiated this principle as long ago as 1843, -but the Secretary of State of those days had no power to enforce his -views on the local Justices, who gave effect to the popular idea that -the ordinary prison diet might properly be regarded as an instrument -of punishment. It must not be supposed, however, that the elimination -of the penal element necessarily connotes an attractiveness of prison -fare. This is not the case; but the difficulties of framing a dietary -which shall be sufficient and not more than sufficient, for the varying -needs of many thousands of human beings of different ages and physique -is admittedly very great. - -The dietary of 1900 has, at least, removed one grave reproach against -the system, _viz_:--that prisoners habitually, and almost invariably, -lost weight. Under the old dietary, no less than 80 per cent. of -prisoners engaged on hard labour for a month or less lost weight. The -progressive improvement of dietary scale, proportioned to length of -sentence, has been effective in mitigating the ill-effects arising from -the application of the principle of punitive diet as a part of the -sentence of imprisonment. - -The skill and care of the medical staff would, however, be less -positive in its results but for the sanitary condition of the interior -of prisons, which has, for many years past, engaged the closest -attention. Great improvements have taken place of late years in the -construction of hospitals, and in the ventilation of halls and of -cells, and in the reconstruction of drains on the most up-to-date -lines. Formerly, the gas-lights, which are now in the corridors, were -inside the cell--in many cases, naked lights,--an objectionable system -from a sanitary point of view, and affording an easy means for mischief -or self-destruction, while giving inadequate light for reading or -working. It is not only with regard to artificial light that progress -has been made. The opaque window glass excluding the light of day, -and the hermetically closed window are now only memories of the past. -All these things of late years have had the effect of improving the -sanitary condition of prisons and the health of prisoners, and have, no -doubt, contributed to the remarkable bill of health which our prisons -present. - -But it is not only with the physical state of prisoners and the -sanitation of prisons that the medical staff is concerned. The prison -Medical Officer has justly acquired a reputation as an expert in mental -disease. Although a practical acquaintance with lunacy is expected of -a candidate for the Medical Service, it is owing to the exceptional -opportunities afforded for diagnosis of the varying and often peculiar -mental states of prisoners that he is expected, and is able, to give -an expert opinion, not only in the grave cases where sanity is in -question, but also in those difficult and doubtful cases of mental -defectiveness which are continually occurring in every mode and degree. -Especially is great importance attached to the opinion of the Medical -Officer of prisons as that of an unbiassed expert witness on the mental -condition of cases charged with a capital offence. The growing practice -of the Courts to remand for medical observation in prisons when any -doubt exists as to the state of mind, has the desired result of -preventing the commitment to prison of persons who would be certified -to be insane almost as soon as received. Thus, twenty years ago the -number certified insane after reception into prison was a little over -one per cent. of the total receptions. To-day it is about half that -number. - -It is, however, with regard to a class of prisoner, who, for want of a -more precise and descriptive term, is designated "mental defective", -that the Medical Officer is called upon to exercise all his vigilance -and powers of diagnosis. There are persons who cannot be deemed -sufficiently irresponsible as to warrant certification, but who, from -obvious mental deficiency, cannot be considered fit subjects for penal -discipline. In 1901, a special treatment was established for this class -in local and in convict prisons. The effect of the new regulations was -largely to increase the rôle and responsibility of Medical Officers -in controlling the daily routine in respect of food, labour, and -punishment. It was about this time that the question of the best method -of dealing with mentally defective persons, other than those certified -under the Lunacy and Idiots Acts, came prominently before the public, -and a Royal Commission was appointed to inquire into the matter. At the -same time, an attempt was made to ascertain the number of persons in -prison who, on account of mental defect, were deemed unfit for ordinary -penal discipline. Medical Officers were requested to note down for six -months the number of persons received into their respective prisons -who, in their opinion, were of such a low order of intelligence as -would be likely, by want of normal self-control, to get into mischief, -or commit crime. The result was that 3 per cent. of both sexes of the -total number of prisoners received were shown to fall within this -category. Writing on this subject in 1912, Sir Herbert Smalley, until -lately the Head of the Prison Medical Service, states:-- - -"The number of prisoners who are mentally defective is the subject of -the very widest difference of opinion. There are some who would have -us believe that all prisoners are mentally affected, in fact they urge -that the mere fact of their committing crime is a proof of this. There -are others, who, whilst not going this length, yet put the number at -a very high figure. One well known writer recently alleged in the -daily press that probably 40 per cent. of our criminals are mentally -defective. A well known alienist writing to the "Times" some years ago -stated that at least 20 per cent. of all police court cases belonged -to the class of mental defectives. The Medical Investigators appointed -by the Royal Commission for the care and control of the feeble-minded, -after visiting several prisons and having seen some 2,553 prisoners, -estimated the number as mentally defective at 10·28 per cent. This -is again a higher rate than is generally returned by the prison -authorities as the number of mentally defective persons amongst the -prison population (irrespective of those certifiably insane who are -obviously unfit to be at large), _viz._, 3 per cent. - -"Here at once is a wide divergence of opinion and the reason for the -great discrepancy is that so much depends on the view that is taken -as to the degree of mental deficiency which justifies an individual -being regarded as "Feeble-minded." There is no hard and fast line -of demarcation, as has been asserted, between feeble-mindedness and -sanity, any more than there is between a great many cases of insanity -and sanity; from the normal down to the lowest idiot, or dement, it is -only the question of degree of deficiency of mental power. This was -pointed out by the Departmental Committee on Defective and Epileptic -Children as far back as 1898." - -"One of the Medical Investigators of the Royal Commission alleges that -"the higher grade aments" are sometimes not recognised by the prison -authorities, who are apt to think a man who works well and behaves well -in prison must be normal. There is some truth, no doubt, in this, for -in prison there is strict and close supervision, there is the daily -routine and the absence of "stress," "alcohol" and "temptation," to -which people are subject in the outer world; moreover, in many cases, -their time in prison is very short and their true mental condition is -masked by the condition in which they are received (as, for instance, -under the influence of drink and deprivation) so that the medical -officer very naturally hesitates before reporting them feeble-minded." - -The Mental Deficiency Act, 1913, came into operation on the 1st April -1914. It provides for three forms of supervision for defectives, -_viz_:--State Institutions for defectives of dangerous or violent -propensities, Certified Institutions, and Guardianship. The last named -can be ignored in considering criminal defectives. - -When the Act came into force there were no State Institutions, and the -accommodation in Certified Institutions was totally inadequate to meet -the needs of the situation. A State Institution was secured towards -the end of 1914, but was almost immediately handed over to the War -Office. Little, or nothing, could be done in the way of provision of -further accommodation, State or otherwise, during the continuance of -the Great War, and, as a result, very few criminal defectives could be -dealt with. Since the termination of hostilities, a State Institution -for male and female defectives has been established, and further -institutional accommodation provided, and it is hoped that in the near -future full provision will be made for dealing with all defectives, -guilty of criminal offences, who are certifiable under the Act. - -From 1st April 1914 to 31st March 1919, 871 cases were certified under -the Act, the total receptions into local prisons for this period being -376,000, _i.e._, 2·3 per 1,000 receptions. The prisoners certified in -prison do not comprise the whole number of cases of criminal defectives -dealt with, as Courts have power under the Act to send such defectives -direct to Institutions, instead of to prison, and, as the working of -the Act becomes more stabilised, advantage is taken of this power to -an increasing extent. - -But even so, there is a considerable discrepancy between the defectives -dealt with under the Act and the official ante-Act estimate, which was -considerably greater, and this is mainly due to the strict requirement -of the Act that the defect must have existed from birth or from early -age. Here at once a large number of prisoners regarded as mentally -defective, forming 30 per cent. of the whole, were excluded from the -operation of the Act owing to the fact that the mental defect from -which they were suffering, _e.g._, senility, alcoholism, arose from -causes operating later in life. Again, of the number of prisoners whose -mental defect was regarded as of congenital origin, 77 per cent. were -over 25 years of age, thus making it difficult to obtain proof of the -existence of the defect from early age, without which a certificate -cannot be given. - -But the Mental Deficiency Act, limited as it is in its scope, and -disappointing in its results, is a pioneer piece of legislation of -considerable importance. Many Voluntary Associations and other bodies -in this country interested in its administration are advocating an -extension of its provisions, and I think we can anticipate with every -confidence the time, to which the prison reformer has so long looked -forward, when those unhappy persons, who through mental affliction -drift inevitably into criminal courses, are removed from prison -surroundings to the more appropriate atmosphere of institutions where -they can remain under proper care and control. - -The operation of the Mental Deficiency Act, 1913, and the discharge -from Naval and Military Hospitals of numbers of men suffering from -mental and physical disabilities arising out of the war, have -accentuated the already growing interest shown by Justices, and others -engaged in the administration of the Criminal Law, as to whether the -means hitherto taken for dealing with persons committing offences -are the best and most humane which could be adopted. The opinion has -been growing in intensity for some years that mental and physical -disabilities may largely contribute to the commission of crime, and -that it is the duty of the community to investigate thoroughly such -causes, when they exist, to determine whether they are beyond the -ability of the individual to control, whether they do not limit wholly, -or in part, the responsibility for the commission of the offence, and -to what extent they should be taken into account in determining the -question of punishment: and whether some form of _treatment_, rather -than _punishment_, by imprisonment, cannot be devised, which shall be -more scientific, efficacious and humane. - -The Justices of the City of Birmingham, early in 1919, took action and -approached the Prison Commissioners in the matter and asked that a -whole-time Medical Officer might be appointed to the Prison, and that -portions of the hospitals, on both the male and female side, might be -entirely partitioned off from the rest of the Prison and adapted for -the reception of persons on remand whose mental condition appeared such -as to require investigation. - -Effect has been given to the recommendations of the Justices and, -at the time of writing, the scheme has been in operation for some -12 months with valuable results. The Medical Officer of the Prison -works in the closest co-operation with the Justices and no person, -in whose case there is any suspected mental element, is sentenced to -imprisonment until after full investigation of his condition of mind -and all other avenues of dealing with the case have been exploited. The -"Birmingham" experiment, as it is termed, has aroused great interest -throughout the country and an extention to other centres, in a modified -form, has already resulted. - -The institution of the Borstal System has given a new and additional -importance to the rôle of the Medical Officer, who plays an important -part in the daily administration of these Institutions. From the -medical point of view, the system commends itself more particularly -by its insistence on the influences which promote sound physical -development. Special inquiries made by the Medical Staff in 1903 -and 1907 furnish positive proof of the physical inferiority of the -adolescent criminal, 16-21, relatively to the free population, notably -in height and weight. These inquiries furnish a striking argument in -favour of the soundness of the principles on which the Borstal System, -as explained in a previous chapter, has been established. - -The foregoing observations merely indicate generally the direction -in which the manifold activities of the Medical Prison Service are -exercised. I have laid stress on the part played in the discernment -and investigation of mental disorder. That the question of guilt is -identical with the question of mental soundness is a commonplace -not only with those who seek to analyse by scientific inquiry the -mysterious and subtle working of the human mind, but with those who, -working in the name of humanity, are forced by personal observation, -unaided by science, to the conclusion that many whom the law strikes -are not fully responsible for their actions, and are not justly -punished. In the United States of America, where science and humanity -march hand-in-hand in exploring prisons and places of punishment, and -in surveying the whole field of crime, we find that practical steps -have been taken by the establishment of criminal laboratories, as -at Chicago and Boston, to classify offenders, especially the young, -according to the nature and degree of their mental capacity for -distinguishing right from wrong. There is nothing so elaborate as -this in England, but this is not because public opinion is not keenly -alive to the importance of the medical aspect of cases, but because -it would not be disposed to admit that the causes of a criminal act -are discoverable by physical observation, or by the precise research -of a criminal or clinical laboratory. It would be the duty, and the -pride, of any civilized State to maintain a high standard of medical -work in Prisons: it is a question whether the establishment of criminal -laboratories does more than illustrate the practical benefits to be -derived from good and thorough medical work in prisons, and whether -experimental psychology, with its instruments of precision for testing -the human mind, is a really effective auxiliary for the Court of Law -in deciding guilt. It may be of value, as a supplementary aid to such -diagnosis as a conscientious Medical Officer would apply, and it could -be used as a means to support and justify opinion, but it cannot, by -itself, be a substitute for other methods of observation. Though -public opinion in England is increasingly sensitive to degrees of -responsibility, as affecting punishment of crime, it would be more -disposed to place its faith in a medical man having experience of -mental disease than in the conclusions drawn from the employment of the -precise methods of experimental psychology alone. It is disposed to -take the view expressed by no less an authority than Dr. Binet, which -is to the effect that the complex phenomena of human action cannot -be expressed in a few terse formulas,--"_c'est de la littérature: ce -n'est pas de la science_." He inclines to the view that the essential -characteristic of normal man is in the _direction_ of choice. The want -of direction is due to a disordered _moral_ nature. Of this moral -degeneracy little is known. The subjective valuation of the alienist -cannot in practical life be the test of responsibility--the Judge, as -representing 'common sense,' must decide. - -At the same time, it recognizes the enormous value of preventive -medicine in relation to the detection of mental disorder in its -earliest stages. Sir George Newman, in his recent work "An Outline of -the Practice of Preventive Medicine" lays great stress upon this point. -He states: "Here, as elsewhere, we must seek to begin at the beginning. -An understanding of eugenic principles and practice, a new aptitude -and alertness in the physician, a new type of clinic, special hospital -and institution--"early treatment centres"--a system of "voluntary -boarders" in approved homes and institutions, a wider education of -the public in what causes and constitutes mental incapacity, a larger -apprehension of the meaning of self-control--all this is necessary -if we would prevent mental disease. It is obvious that such a policy -raises many questions of science, law and administration. But the -experience of the war and of our colleagues in America (at the Phipps -clinic at Baltimore and the psychiatric hospital at Boston) all points -in one direction, namely, the practicability of establishing suitable -psychiatric clinics in this country for dealing with early cases of -mental and nervous disorder." - -In order that the whole-time staff of the prison medical service -should be kept fully acquainted with modern developments in medicine -and surgery, a system of "study-leave" was inaugurated in 1909, whereby -a certain number each year take up a post-graduate course at the -large hospitals. Special leave is allowed for the purpose, and the -Commissioners pay the fees. Each officer chooses his own course of -study, subject to the approval of the Medical Commissioner, due regard -being paid to the special requirements of the prison service. - -The nursing of sick prisoners is carried out by officers of the -hospital staff, except in the smaller prisons where, for the present, -outside nurses are engaged. The male officers are selected from -candidates who have had nursing experience in the Royal Army Medical -Corps or in Institutions, and they undergo a course of training in -prison nursing and hospital duties at the invalid convict station at -Parkhurst, Isle of Wight, before appointment to the hospital staff. As -regards the female officers, these have, in the past, been officers -trained in the larger female prison hospitals, but the question -of securing more fully trained nurses for female prisons is now -under consideration. With this object in view, a Voluntary Advisory -Nursing Board has been established consisting, for the most part, -of distinguished members of the medical and nursing professions to -advise the Commissioners in formulating a scheme for a prison nursing -scheme, and the Board will, it is hoped, be a useful auxiliary to the -administration for this purpose in the future. - - - - -CHAPTER XVI. - -A CRIMINOLOGICAL INQUIRY IN ENGLISH PRISONS. - - -An attempt has lately been made in this country to apply scientific -method to the study of criminal man. A vast amount of data relating -to the personal condition, social estate, and penal histories of -"convicts" (_i.e._, men sentenced to penal servitude for three -years and upwards) has been co-ordinated and amplified by physical -measurements, by details of personal and family history, and by -description of physical and mental qualities. An examination in respect -of all or some of these points of 3,000 men, taken without selection -from those undergoing penal servitude in English Convict Prisons, has -formed the basis of this inquiry. - -Of this large number of sets of observations, which were made by -the Medical Officers of the Convict Prisons, Dr. Goring contributed -considerably more than half, and to him was entrusted the onerous -task of tabulating the material of the whole. With the assistance and -advice of Professor Karl Pearson, Dr. Goring was enabled to carry out -this work which he has achieved with remarkable patience and ability. -The main intention of this investigation at the outset was to obtain -accurate information whereby the many hypotheses advanced by different -schools of criminology, and especially the Italian Schools, might -be confirmed or refuted. But the scope of the work grew, perhaps -inevitably, beyond its original purpose, and now includes not only an -analysis of the physical and mental condition of convicts, but also -many data for speculations on very difficult and contentious questions -as to the relative influence of "heredity," "environment," &c., on the -genesis of 'criminals' generally. - -Dr. Goring's complete and elaborate Report, entitled "The English -Convict--a Statistical Study," has been published by the Government -in an official Blue-Book. It appears now as Dr. Goring's own work, -carried out by a special method, and the conclusions arrived at are his -own. I do not propose to attempt to criticise either his method or his -conclusions, being aware that such an attempt would involve discussion -of some matters on which there is much difference of scientific opinion. - -This work is, as far as I know, the first essay made in any country to -arrive at results on criminology by the strict application of what is -known as the biometrical method of statistical treatment of recorded -observations. Whatever its merits or demerits may be, it at least marks -an epoch in the history of criminological studies. In the pages which -follow, I endeavour to present in a more simple and popular form, and, -as far as possible, in his own words, an abstract of Dr. Goring's -views, and of the results to which his general inquiry has led him. -Students of Criminology must turn to the original volume itself for a -detailed exposition of the whole case which the author so ably presents. - -The postulate of the "Positive" School, with which the name of the -celebrated Professor Lombroso will always be associated, is that crime -or criminality is a morbid or pathological state akin to disease, -or, in other words, an abnormal state, due to certain physical -or mental defects, made manifest by certain stigmata or "_tares -physiologiques_"--the result either of inherited defect or reversion -to atavistic type, or in short, that there is "a criminal type" -_i.e._, a race of beings predestined to criminal acts, against whom -any system of punishment would be futile, as by nature such beings -would not be amenable to the deterrent influences of penal law. This -theory--of which the logical result would be either elimination of the -unfit, or the translation into the province of medicine of all legal -procedure--has failed to command general assent or approval. Like all -half-truths, it is extremely dangerous, for it is, of course, the -fact that morbid conditions are associated, to a certain degree, with -crime, and, like all sensational dogmas, based on untested observation, -it affected the public imagination, prone to believe that the criminal -is a sort of "bogey-man"--the stealthy enemy of peaceful persons, ever -ready to leap in the dark. This uneasy feeling encouraged the idea -that the criminal was a class by himself--an abnormal being, the child -of darkness, without pity and without shame, and with the predatory -instincts of a wild beast. Thus gradually the common belief has taken -root that there is a criminal type, and that it is persons of this -particular brand or species who commit crime, and go to Prison. This -belief is what Dr. Goring calls the great "superstition" of the day, -which stands in the way of Prison reform, which darkens counsel in -dealing with crime, which renders rehabilitation difficult, and which -stifles and discourages the zeal of the philanthropist, to whom the -"criminal" is a man of like passions with himself, and amenable to the -same influences; and not predestined to crime and anti-social conduct, -from which no human effort could save him. - -The peculiarity of the Lombrosian doctrine was in the attempt made -by it to "stamp a preconceived idea with the hall-mark of science; -to support an _à priori_ conception of 'abnormality' by an alleged -scientific method of investigation;" but the methods of Lombroso -were scientific only in name. He sought to solve those infinite and -delicate relations which exist in all human or social conditions -by _observation_ alone. He brought much acumen, a great diligence, -and imagination to the examination of the subject, but his field of -observation was limited. If criminality were a morbid state, with signs -comparable to those of disease, observation alone would suffice; but, -in fact, there are no characteristics, physical or mental, peculiar -to criminals, which are not shared by all people. It is common to -speak of poverty, drink, neglect, &c., as the "causes" of crime; but -such a causation can only be established by the statistical method of -averaging large numbers, with the view of proving that the tendency -to anti-social conduct is, in fact, associated with the personal, -economic, and social condition of an individual. "The science of -statistics," says Dr. Goring, "is essentially a science of method; -and, as applied to criminal man, it may be described as a system of -methods whereby comparison, based on a strict anthropometrical survey -of the different sets of individuals, may be effective in providing -legitimate, simple, and intelligible description of the criminal, and -of crime, and of the fundamental inter-relationships of criminality." - -The author of the work approaches his inquiry with an open mind -regarding the common _à priori_ belief that all men are morally and -mentally equal, in the absence of definite pathological cause. This -belief is common to all ages. In early days, anti-social conduct was -regarded as a sin against the light, _i.e._, against the teaching of -religion and the word of God. The punishment of crime was, therefore, -an affair for the ecclesiastical tribunals. The distinction between -sin and crime evolved but slowly, and the lay punishments of the -Classical Schools were largely affected by the religious law. Later, -the anti-social man was regarded as a pathological product--the victim -of disease; and it is one of the fashions of to-day to regard him as 'a -social product'--the victim of adverse social environment. - -All these conceptions are regarded as due to a fixed conventional -idea that there was a 'normal' man, who led a good life, and an -'abnormal' man who led a bad life, and this misconception is held to -have stood in the way of a scientific view of the nature of criminal -man. "Scientifically," according to Dr. Goring, "we can only divide men -into 'normal' and 'abnormal' when there is some qualitative difference. -'Normal' is the outcome of the natural laws of existence. This becomes -'abnormal' only when supplanted by some pathological process. Normal -never 'merges' into the abnormal, _e.g._, the natural ranges of -vesicular breathing, of normal temperature, of folly, and want of -control, never merge into the morbid ranges of pneumonic breathing, -fevers and madness. The qualities that have to be considered in -relation to crime are not 'abnormal' qualities, but qualities common -to all humanity. Law-breakers are not a special breed of human beings -differing _qualitatively_ from those who keep the law: any difference -there may be between these two human classes is of degree only and -not of kind: and, similarly, law-breaking is not different in quality -from all other forms of anti-social conduct for which men are not -punished, even if they are found out: yet here again there is a vast -range of difference in _degree_. And that is why statistical methods -are necessary for the scientific study of the criminal. For only by -measurement can difference of degree be evaluated; and statistics is -merely a refined instrument for making measurements." - -The word 'criminal,' strictly-speaking, only designates the fact that -an individual has been imprisoned: that he has committed a crime. The -object of this inquiry is to determine whether certain constitutional, -as well as environmental, factors play a part in the production of the -criminal act. It is impossible to state dogmatically _à priori_ what -these factors are, or which of them prevail in the determination of -a given act, but it is lawful to assume from the phenomenon of crime -that there is a hypothetical character of some kind, a constitutional -proclivity, either mental, moral or physical, present, to a certain -degree, in all individuals, but so potent in some as to determine for -them the fate of imprisonment. - -This hypothetical character which, in the absence of a better term, -Dr. Goring provisionally calls "the criminal diathesis," is described -as a "normal" character, possessed to some extent by all normal people -whose differences are of degree only, and not of kind. It is a highly -complex unanalysable character which, founded upon, and resulting -from, a combination of qualities, some, perhaps inconceivably minute, -is best described as a "make-up" comparable to the domesticated or -wild "make-up" amongst animals, or to the human "make-up" whereby the -sociable being is distinguished from the recluse. Nobody would suppose -the gregarious tendency, or the impulse to lead a solitary existence, -to be a simple primary quality--a so-called unit character--peculiar -to the category it represents; and, similarly, criminality is not a -simple heritable entity--a primary instinct to evil, for instance, as -Lombroso imagined it to be: it is rather a resultant quality springing -from many social and anti-social tendencies, which together form the -criminal or non-criminal "make-up" called the "criminal diathesis." -It is the degree to which a man is thus "made-up" as a criminal or -non-criminal which determines eventually the fate of imprisonment: -consequently, the intensity of criminal diathesis is measured by -conviction or non-conviction, and by frequency of conviction for crime; -and the main object of this inquiry has been to find out the extent to -which this "criminal diathesis," as measured by criminal records, is -associated with environment, training, stock, and with the physical -attributes of the criminal. To this examination, the "biometric" -method, under the guidance of its distinguished exponent Professor Karl -Pearson, has been applied. - -Although only those gifted with high mathematical powers could have -originated the minute and abstruse symbolical reasoning at the source -of the methods whereby the inter-relationship of these phenomena have -been measured and calculated, yet the application of these methods, -and of the formulæ which have now been provided, are open to any -intelligent worker who has knowledge of arithmetic and of simple -mathematics, and the computer's zeal for precision and accuracy. If the -results do not command general acceptance, they are fruitful of new -ideas, which, by further elaboration, may possibly furnish more light -on the problem of crime, and may aid in the direction of administrative -methods. At least they furnish an extraordinary example of what -industry, and skill, and research, can accomplish in a domain where -science, in the past, has asserted itself but slightly. - -The question of the existence of a criminal type is regarded as -essentially anthropometrical, _i.e._, it can only be solved by the -statistical analysis of a large series of measurements. Anthropometry -has, of course, been used as an instrument by criminologists, but its -strict application demands more than the crude contrast of mean values -which is the most that has been hitherto attempted: in addition to -the means, it insists that probable errors should be also calculated -and recorded; that a measure of the variability of each series of -measurements should be obtained; and that, in every case, effects upon -measurement due to differentiation in age, stature, intelligence, -&c., of the contrasted populations under measurement should be also -estimated and allowed for. - -Having, by means of a comparison with regard to thirty-seven -representative physical attributes of criminals, distinguished (1) -by their conviction for different orders of crime, _e.g._, thefts, -assault, arson, sexual offences, and frauds, (2) by their frequency of -reconviction, and (3) by the length of their imprisonment, established -the conclusion that criminals are not physically differentiated -because they are criminals, but because of difference in age, stature, -intelligence, &c., our author proceeds to a comparison between -statistics of criminals, as a class, and of the non-criminal public. -The absence of any comparative data with regard to many of the physical -characters of the law-abiding classes is, of course, fatal to any -precise demonstration, but a comparison of the head-length, -breadth, --height, -index, and -circumference in convicts is made with similar -statistics of a set of undergraduates of Oxford, Cambridge, and -Aberdeen Universities, and of the London University College Staff, -with the result that prison inmates, as a whole, approximate closer -in head-measurement to the Universities generally than do students of -different Universities conform with each other in this regard, and -that from a knowledge only of an undergraduate's cephalic measurement, -a better judgment could be given as to whether he were studying at an -English or Scottish University, than a prediction could be made whether -he would eventually become a University Professor, or a convicted felon. - -Similar comparison with the general Hospital population and with -soldiers (118 non-commissioned officers, and men of the Royal -Engineers) establishes a similar conclusion that, so far as -head-measurements are concerned, the criminal, and the hospital -patient, and the soldier cannot be differentiated. - -Next, comparison with some seventeenth century skulls, recently -discovered while excavations were being made in Whitechapel, leads to -the interesting conclusion that there is a close agreement between -correlation values obtained from measurements of English skulls -300 years old, and those calculated from the cephalic-diameters of -English convicts alive to-day. And a detailed comparative analysis of -head-length and -breadth statistics brings against a current theory, -respecting the anomalous conformation of the criminal's head, the -following fact: that amongst 200 criminals, the head of only one will -be genuinely anomalous--a proportion less than has been found amongst -Scottish insane people, and probably much the same as would be found in -any section of the law-abiding healthy community. - -Comparison with respect to hair and eye colour, nose conformation, -deafness, left-handedness, tattooing, of such data as are available, -illustrates the absence of any marked peculiarity in the case -of criminals, and, lastly, a comparison of the head-contours of -800 convicts with those of 118 Royal Engineers, according to a -plan invented by Professor Pearson for comparing skull-contours, -demonstrates with great precision that, so far from criminals as -a class being differentiated or stigmatized by low and receding -foreheads, by projecting occiputs, by asymmetry, and by sugar-loaf, -dome-shaped, and other peculiar forms of heads, the agreement between -the contrasted types is so remarkable, and the differences so trifling, -that at least in this respect no ground can be said to exist for -the popular belief that criminal tendency can be inferred from the -shape of a man's head. From all these comparisons, pursued strictly -according to the biometric method of which I have only attempted to -give the outline, Dr. Goring draws his conclusion that "no evidence has -emerged confirming the existence of a physical criminal type, such as -Lombroso and his disciples have described. The data show that physical -differences exist between different kinds of criminals, precisely as -they exist between different kinds of law-abiding people. But, when -allowance is made for a certain range of probable variation, and when -they are reduced to a common standard of age, stature, intelligence, -class, &c., these differences tend entirely to disappear. The results -nowhere confirm the evidence, nor justify the allegations, of criminal -anthropologists. They challenge their evidence at almost every point. -In fact, both with regard to measurements and the presence of physical -anomalies in criminals, the statistics present a startling conformity -with similar statistics of the law-abiding classes. The final -conclusion we are bound to accept until further evidence, in the train -of long series of statistics, may compel us to reject or to modify an -apparent certainty--our inevitable conclusion must be that _there is no -such thing as a physical criminal type_." - -But although no physical type peculiar to criminals can be -demonstrated, certain physical differences in criminals have emerged, -and it is in the examination of these differences that Dr. Goring -attempts to establish a theory of criminality more simple and -reasonable than that which refers them to the presence of a definite -criminal type. From a comparison of the stature and weight of the -general population, published in 1882 by the British Association for -the Advancement of Science, he shows that, (apart from differences -due to class differentiation,) in physique, as measured by stature -and weight, criminals, with the exception of those convicted of -fraud, are markedly differentiated from the non-criminal sections -of the community. This physical inferiority, however, must not be -associated with any condition of degeneracy, atavism, or other defect, -mental or physical, originating spontaneously, but all the evidence -points to the truth of the theory that these bodily conditions are -"selective factors" determining, to some extent, conviction for crime. -It may be imagined that as good physique determines occupation, so a -bad physique predisposes to a criminal career. It also facilitates -arrest by the Police, and apprehensions are considerably fewer than -offences committed. It is, too, generally observed that persons of -good physique are less irascible and prone to violence, and the case -of the incendiary would show that a weakly man has recourse to a mean -act from motives of revenge, not being capable of an act requiring -physical force. "Fraudulents," it is true, are not selected for -crime, for they resemble, in weight and stature, the law-abiding -public; but they are an exceptional case, which, while destructive -of a theory of degeneracy, is not necessarily inimical to the theory -that physique selects crime. Dr. Goring does not deny that there is a -possibility that this physical inferiority may tend to become an inbred -characteristic of the criminal classes, the convicted fathers having -sons who inherit their diminutive stature, and thus, in course of time, -an inbred differentiation of the criminal classes might result. That -this may be so is illustrated by statistics, which show that industrial -and reformatory school children are consistently on the average one -inch shorter in stature, and several pounds less in weight, than any -other class of school-children of the same age in the United Kingdom. -Nothing more than this can be conceded to the Lombrosian School. The -only fact at the basis of criminal anthropology is that thieves, -and burglars, and incendiaries (_i.e._, about 90 per cent. of all -criminals) are markedly differentiated from the general population in -stature and body-weight. There is no other scientific foundation than -this for the extravagant doctrines of the "Positive" School. - -It is also held by Dr. Goring that there is no such thing as a "mental -criminal type." It is not denied that marked unlikeness of mental -characters exists between criminal groups, as it does between different -sections of the law-abiding community; but the point emphasised is -that this unlikeness is associated not with a differentiation in -criminal tendency, but with the criminal's differentiation in general -intelligence or mental capacity, which, according to the nature of -his crime, varies enormously: _e.g._, the percentage of actual mental -defectives convicted of stack-firing is 53, of rape 16, of stealing 11, -of manslaughter 5, whereas amongst persons convicted of embezzlement, -forgery, and other forms of fraud, the percentage is practically zero. -The recent Commission on the Care and Control of the Feeble-minded, -from an enumeration of defectives in sixteen representative districts -of the British Isles, estimated that ·46 per cent. of the whole -population of England and Wales are mentally defective; a similar -enumeration in prisons, casual wards, shelters, etc., revealed -10·28 per cent. of mental defects. Dr. Goring contends that it is -clear from this that criminals, as well as showing wide differences -amongst themselves, are also, as a class, highly differentiated in -mental capacity from the law-abiding classes. Mental defectives, it -is argued, unlike the insane and pathological imbeciles, are not a -special class of human beings, and they are chiefly distinguished from -other normal persons by their low level of general intelligence. The -term mental deficiency, as applied to convicts, as well as connoting -a mind of inferior capacity, in many cases implies also an unbalanced -mind, _i.e._, a mind whose equilibrium is easily disturbed by the -preponderance of extreme degrees of objectionable and dangerous -qualities, such as impulsiveness, excitability, passionate temper, &c. -These qualities are held to be not "morbid" but "natural," being shared -in some degree by persons of all mental grades. The measure of general -intelligence among criminals bears also a striking relation to their -occupational class. Thus, if we examine, say, 1,000 cases of conviction -for crime, we should find that the percentage of mentally defective -criminals varied from 6 to 35, accordingly as the offender belonged -to the professional, commercial, artizan, or labouring class,--the -actual percentages for all crime in each class being 6, 15, 26, and 35, -respectively. Probably, in the opinion of Dr. Goring, the chief source -of the high relationship between weak-mindedness and crime resides in -the fact that the criminal thing, which we call "criminality," and -which leads to the perpetration of many, if not most, anti-social -offences to-day, is not _inherent wickedness_, but natural stupidity. -The striking characteristic of 90 per cent. of offences is their -incredible stupidity, and, moreover, it is probable that the commonly -alleged causes of crime, such as alcoholism and epilepsy, are not more -than accidental associations with crime, themselves depending upon -the high degree of relationship which is admitted to exist between -defective intelligence and crime. - -So far then, the conclusion is that English criminals are selected by a -physical condition and by a mental constitution which are independent -of each other: that the one significant physical association with -criminality is a generally defective physique, and that the one vital, -mental constitutional factor in the etiology of crime is defective -intelligence. - -The question of the respective influence of heredity and environment is -next considered by Dr Goring. The family histories of 1,500 convicts -are examined, and two important relations are demonstrated (1) that -the percentage of criminal offspring increases progressively according -to whether neither parents, the mother only, the father only, or both -parents are criminal: (2) that the percentage of criminal offspring -becomes steadily greater as the age of the children increases from -14 to 23. With regard to age, the interesting fact results that the -mean age of criminal enlistment is 22, with a deviation of nine years; -and 14 to 32 may be regarded as the age when the chance of inherited -criminal disposition is most likely to reveal itself--the modal age at -first conviction is about 19. - -It appears also that the probabilities of conviction are greatly -increased when a brother has been convicted, and the greatest intensity -of the fraternal, as well as of the paternal association, occurs in -families tainted by the crimes of stealing and burglary, _i.e._, the -taint of habitual and professional criminality. But though the tendency -for crime to recur in families already criminally tainted is an -indisputable statistical fact, it is not in itself a fact of heredity. -It may be due to contagion within the corrupted home into which a -criminal is born. The solution of the question as to which of the two -influences, heredity or contagion, is predominant, cannot be determined -by observation alone--there are numberless instances pointing one way -or the other--it can only be determined by a statistical examination -of family statistics, where the possible influence of each factor has -been eliminated. The high degree of association between criminality -in husband and wife would, at first sight, seem to furnish proof of -the influence of contagion, it being a relation where heredity can -be eliminated, but when it can be shown that every other married -female criminal is the wife of a criminal husband, and that four out -of every five alcoholic wives have alcoholic husbands, the theory -of contagion gives way to a theory of 'associative or selective' -mating among criminals, due to the universal tendency prevailing in -every department of life, of like to mate with like. So again, if we -eliminate contagion, _i.e._, if we examine crimes in the perpetration -of which parental example would not play an important part, such as -arson, damage, or sexual offences, the parental correlation is found to -be greater than in stealing or burglary, when the influence of parental -example would be likely to have most effect. The result arrived at is -that the criminal diathesis, revealed by the tendency to be convicted -and imprisoned for crime, is inherited at much the same rate as are -other physical and mental qualities and pathological conditions in -man, and that the influence of parental contagion is, on the whole, -inconsiderable, relatively to the influence of inheritance, and of -mental defectiveness, which are by far the most significant factors -discovered in the etiology of crime. - -Other environmental factors which are commonly alleged as the 'causes' -of crime, _e.g._, illiteracy, alcoholism, poverty, etc., are examined -statistically, so far as the data at the disposal of the author furnish -ground for valid scientific conclusion. - -These alleged causes are, in reality, nothing more than the -co-existence of associated phenomena, and until such association is -analysed by statistical methods, causation, in the strict scientific -sense, cannot be demonstrated. Thus, to take a general instance: -poverty and illiteracy are often described as the 'causes' of crime, -but as more than a third of the population of Great Britain belongs -to the class of general labourers, who are presumably both poor and -illiterate, such a statement can mean no more than that there is a -more frequent association of criminal acts with persons living on a -low rather than on a high economic scale. The exact numerical measure -of the association can only be obtained by elaborate statistical -comparison, the data for which are not in existence. - -As a matter of fact, a statistical comparison of the penal records -of convicts reveals the startling fact that if there be any relation -between a convict's education and the frequency of his convictions for -crime, it is that those who have received no schooling are the least -frequently convicted, and that the worst penal records are of those -who have passed through reformatory and industrial schools. Again, if -we take alcoholism--it is the fact that deaths from alcoholism are -twice as frequent among prisoners as in the general population (26 per -1,000 as against 12 per 1,000), from which it might be inferred that -alcoholism is specially associated with the committing of crime. But -the incidence of two statistical facts does not, of itself, determine -which of the two is antecedent to the other. Does the alcoholist tend -to become criminal, or the criminal tend to become alcoholic? Or is the -relation of alcoholism to crime due to the fact that both have a common -antecedent in defective intelligence? The employment of the correlative -tables would seem to point conclusively to the fact that this -antecedent is defective intelligence. If a comparison is made of the -mean degrees of intelligence of alcoholic and temperate convicts, it -appears that there is a pronounced differentiation of intelligence in -favour of the latter, and that the mental grade of alcoholic convicts -is lower by a half than that of alcoholics in the general population. -Apart from offences connected with personal violence, where there is -a direct association with inebriety, alcoholism cannot strictly be -regarded as a cause of crime, and the general conclusion would seem -to be that adverse environment is related much more intimately to the -intelligence of convicts than it is to the nature of their crimes, or -to the degree of their recidivism. Again, if we examine the relation -of occupation to criminality, it appears that crime is related much -more closely to the opportunity which a particular occupation offers -than to the economic scale of living which it suggests: thus, sailors, -miners, and labourers are relatively free from association with the -acquisitive offences, for which, from the special facilities afforded -by their occupation, clerks, shop-keepers, and persons engaged in -commerce are disproportionately selected; and this proclivity to fraud -in all its forms is distributed equally through all these classes, the -professional and the upper classes providing nearly their proportional -share of thieves. Four per cent. of persons in the general population -belong to the professional classes: the number of convicted thieves -belonging to this class is three per cent. As ninety-five per cent. of -all offences are of an acquisitive kind, it is difficult to sustain the -point that poverty is a cause of crime. - -Dr. Goring is led to the conclusion that there is not any significant -relationship between crime and what are popularly believed to be its -"causes", and that crime is only to a trifling extent the product of -social inequalities or adverse environment, and that there are no -physical, mental, or moral characteristics peculiar to the inmates -of English Prisons: that one of the principal determinants of crime -is "mental defectiveness," and as this is a heritable condition, the -genesis of crime must to this extent be influenced by heredity. - -Putting aside the part played by the different circumstances affecting -criminal man, biologically and otherwise, and without subscribing to -the different views and doctrines which, in the opinion of the author, -result from the inquiry, the broad and general truth which appears from -this mass of figures and calculations is that the "criminal" man is, -to a large extent, a "defective" man, either physically or mentally, -or, is unable to acquire the complex characters which are essential -to the average man and so is prone to follow the line of least -resistance. This truth may not be new or startling. It is advanced now -by Dr. Goring as a truth which is scientifically demonstrable and so -commanding respect and possessing a value which would not belong to -statements based on purely empirical observation. This result may be -regarded as modest and even disproportionate to the labour involved, -but it is worthy of attainment, for much is gained everywhere and -especially in the realm of penology, when definite ideas as to the -nature of the problems dealt with are substituted for vague notions, -or even illusions, as to the nature of the criminal: notions which, in -the absence of detached and scientific inquiry, undertaken, as this has -been, from a single-minded desire to search out what is true, may have -their origin in two quite contrary sources, _viz._: an undue pity for -the offender or an undue desire to be revenged on him. - -Quite apart from general incapacity to live up to the required social -level which brings them within the meshes of the criminal law, Dr. -Goring even suggests that the physical aptitude of evading the police -may affect statistics, and the fact is that the weaker and not the -stronger man is "run in," although the "criminal diathesis" may be -equally strong in each. In any case his conclusion on this point is -very emphatic, _viz._: that English criminals are selected by their -physical condition, and that the one significant physical association -with criminality is a generally defective physique; and that the -one vital mental constitutional factor in the etiology of crime is -defective intelligence. - -This general theory of defectiveness as a general attribute of -criminality may be regarded by some as confirmed by the fact that -persons convicted of crime are mainly drawn from the lowest social -scale; and it is plausible to infer that physical and mental -inferiority is allied to a low economic scale of living. This theory, -however, must not be pressed so far as to affect the liability to -punishment of the offender for his act. Penal law is, through its -prohibitions, the expression of the social standard of life in the -country. Where that standard is high, there must be a residuum of -individuals whose mental and physical state does not enable them to -live up to that standard. They fall below it through constitutional -incapacity, which manifests itself in weakness of will and power of -resistance. This inquiry goes to show that it may be predicated that -with regard to the great mass of offenders coming within the meshes -of the criminal law, this _defectiveness_, in its economic sense, -is a predisposing cause, and has no necessary relation to definite -physical or mental disease. It is a relative term only, relative to a -high standard of social requirement to maintain which the law exists. -Penal law, wisely and humanely administered, as in a highly civilized -State, should apply its sanctions only with regard to the varying -characters and capacities of those who come before the Courts. In -other words, punishment must be individualized. The tendency towards -the individualization of punishment is making marked progress in all -the countries of the world, and nowhere more than in this country. In -addition to the absolute discretion vested in the Courts and Tribunals, -there is a careful classification for purposes of prison treatment, the -object of which is to adapt, as far as practicable, the nature of the -punishment to the character and antecedents of the offender. Although, -therefore, the fact brought out by the inquiry that, on the average, -the English prisoner is defective in physique and mental capacity, -would seem to call in question the whole responsibility of any person -guilty of an anti-social act, yet, if fully and properly understood, -it does not mean more than that in a perfect world where the faculties -of each would be fully and highly developed, the problem of punishment -would not exist; and it would be a cause of rejoicing if the crime -of the country could be demonstrated by statistical methods to be -the result, not of a general perversity pervading all classes, but a -tendency only on the part of persons living on a low economic scale to -fail, on account of physical or mental defectiveness, to conform to the -restraints of the criminal law. I regard this as a fair and reasonable -explanation of crime generally in this country. It is, at least, an -explanation which must fortify and stimulate all those who desire -that there shall be fewer persons suffering from those incapacities -which predispose to crime, or that, where incapacity is obvious and -can be defined, special steps shall be taken not to expose such a -person without care or oversight to the conditions of free life, which -are likely to be not only ruinous to himself, but dangerous to the -community. - -It is satisfactory to note that incidentally to its general purpose, -the inquiry (1) confirms the idea to which practical effect has been -given in recent years by the institution of the Borstal system that -the effective way of dealing with crime is to attack those between -the ages of 16 and 21, which is shown to be the probable age for -enlistment in the criminal brigade, (2) it demonstrates by statistical -method that imprisonment does not have the adverse physical and mental -results which are often alleged, (3) it confirms the opinion held of -the necessity for better care being needed for the mental defective, -and (4) it shows that it is by consideration of the individual men and -women who make up the criminal population that the best solution of the -criminal problem is to be found. - -Those who agree with the opinion of Dr. Goring that the principal -determinant in crime is mental deficiency will be encouraged by the -passing of the Mental Deficiency Act, 1913, in the belief that this -important measure constitutes a great step forward in the rational and -scientific treatment of the criminal problem. - -However much opinion may differ as to the exact proportion borne -by heredity and environment, respectively, in the formation of the -criminal character, whether any or no predominant part can be ascribed, -as by Dr. Goring, to mental defectiveness, the fact remains and is -known to all those concerned in the administration of prisons and in -the actual treatment of crime, that a considerable number of adult -persons in custody cannot be regarded as fully capable of dealing -with the ordinary affairs of life. The provision, therefore, that has -now been made for the detection and diagnosis of all forms of mental -defectiveness from childhood and early youth justifies a general -hope and belief that if this Act is effectively administered, a -great impression will, in course of time, be made on the figures of -imprisonment; and this hope can be held not only by those who take an -extreme view of the influence of heredity, but by plain men and women, -without scientific training or knowledge, who are now profoundly moved -at the sight of persons of both sexes and of all ages coming to prison -in the expiation of offences which, had they been mentally conscious of -their obligations to society, or adaptable to their social environment -and standard of living, they never would have committed. - - - - -CHAPTER XVII. - -A SHORT SKETCH OF THE MOVEMENT OF CRIME-- - -(A) 1872 to 1914: (B) THE WAR, 1914 to 1918. - - -The object of this Chapter is (a) to compare the number and character -of offences according to recent statistics with statistics obtainable -at the time of the London Congress, 1872; and (b) to show the great -change that has taken place in the volume of crime due to causes -consequent upon conditions of War. - - -(A) 1872 to 1914. - -1. Serious offences (e.g. murder, wounding, sexual offences, burglary -and fraud), tried at Assizes and Quarter Sessions, decreased between -1872 and 1913 by nearly a half, relatively to population, as will be -seen from the following Table of the number of offences dealt with by -the Courts for quinquennial periods 1873 to 1913:-- - - --------+------------------+------------------- - Period | Number |Ratio per 100,000 - |proceeded against |of the population. - --------+------------------+------------------- - 1873-77 | 15,298 | 63·62 - 1883-87 | 13,908 | 51·09 - 1893-97 | 11,632 | 38·20 - 1903-07 | 12,344 | 36·32 - 1908-12 | 13,558 | 37·88 - 1913 | 12,511 | 33·89 - --------+------------------+------------------- - -2. Less serious offences, which, though triable by Superior Courts, -can be dealt with summarily, i.e., principally acts of petty larceny, -have increased during the same period, though relatively to population -there has been a decrease, as the following Table shows; but it must -be remembered that a large proportion of these offences are those -committed by children or 'young persons,' coming within the provisions -of the Children Act, 1908. Nearly 40 per cent., according to latest -figures, belong to this category, and over 60 per cent. of charges were -either dismissed or dealt with otherwise than by conviction:-- - - --------+-----------------+------------------ - Period | Number |Ratio per 100,000 - |proceeded against|of the population - --------+-----------------+------------------ - 1873-77 | 37,245 | 154·90 - 1883-87 | 43,936 | 161·41 - 1893-97 | 41,542 | 136·42 - 1903-07 | 47,721 | 140·40 - 1908-12 | 52,743 | 147·36 - 1913 | 50,758 | 137·48 - --------+-----------------+------------------ - -3. There is a third category of offences, which, though only triable in -Summary Courts, are 'criminal' in character, e.g., assaults, damage, -&c. As will be seen from the following Table, there has been, generally -speaking, a fall since 1872 of considerably more than a half, the -number of offences per 100,000 of population having decreased for the -period 1873 to 1913 from 567 to 192. - - --------------------+---------------------------------------+------- - | Quinquennial averages. | Year - Offence. +-------+-------+-------+-------+-------+ 1913 - |1873-77|1883-87|1893-97|1903-07|1908-12| - --------------------+-------+-------+-------+-------+-------+------- - Assaults, Malicious}| | | | | | - Damage, Unlawful }|136,390|116,836|108,298| 85,193| 75,212| 71,124 - Possession &c. }| | | | | | - | | | | | | - Ratio per 100,000 | | | | | | - of population | 567·22| 429·22| 355·64| 250·65| 210·14| 192·65 - --------------------+-------+-------+-------+-------+-------+-------- - -These three categories include all offences which are strictly -'criminal' in character. The great bulk of offences, which may involve -commitment to Prison, are not strictly 'criminal.' The principal -offences in this category are Drunkenness, Offences against Police -Regulations, Bye-laws, Highways Acts and Education Acts. The following -Table shows that the actual number of these offences rose continuously -from 1873 to 1907. Between the latter date and 1913 there was a fall in -the actual numbers, and relatively to population, the figure for 1913 -(1649·99) showing a decrease of no less than 157·51 per 100,000 of the -population, as compared with 1873-7:-- - - ------------------------+---------------------------------------+------- - | Quinquennial Averages. | Year - Offence. +-------+-------+-------+---------------+ 1913 - |1873-77|1883-87|1893-97|1903-07|1908-12| - ------------------------+-------+-------+-------+-------+-------+------- - Drunkenness |195,682|180,462|179,496|219,675|188,813|204,038 - Education Acts, offences| | | | | | - against | 18,320| 80,566| 64,924| 56,117| 40,763| 44,030 - Highway Acts " " | 16,743| 18,847| 30,677| 47,313| 62,405| 76,011 - Police Regulations, | | | | | | - Bye-laws, breach of | 59,393| 62,028| 88,84 |131,600|100,842|106,509 - Vagrancy | 15,193| 26,694| 25,228| 34,857| 41,267| 27,523 - ------------------------+-------+-------+-------+-------+-------+------- - Total non-criminal | | | | | | - offences |434,620|496,341|534,844|630,474|578,486|609,166 - Ratio per 100,000 of | | | | | | - population |1807·50|1823·39|1756·38|1854·94|1616·25|1649·99 - ------------------------+-------+-------+-------+-------+-------+------- - -The following Table is interesting in showing the committals to prison -for the last three decades, commencing in 1881--the earliest date from -which the comparison is possible. It will be observed that the Prison -population in 1883 stood as high as 622 per 100,000 of the population -of the country, and that for the year ended 31st March, 1914 it had -fallen to the lowest then recorded, _viz_:--369. The great decrease -that has taken place since 1914, as will be shown subsequently, reduced -the ratio to 70 per 100,000 of the population:-- - - ------+------------+---------------------------+-----------+---------- - Year |Convicted of| Convicted of Offences| Total. | Per - ended |Indictable | tried summarily. |Committals |100,000 of - 31st | Offences +---------------------------+ on |population - March.| tried at |Indictable.|Non-indictable.|Conviction.| of the - | Assizes and| | | | Country. - | Sessions. | | | | - ------+------------+-----------+---------------+-----------+---------- - 1881 | 9,528 | 139,546 | 149,074 | 580 - 1882 | 10,550 | 150,888 | 161,438 | 621 - 1883 | 10,069 | 153,645 | 163,714 | 622 - 1884 | 9,780 | 151,056 | 160,836 | 604 - 1885 | 9,886 | 150,096 | 159,982 | 594 - 1886 | 9,617 | 138,015 | 147,632 | 542 - 1887 | 9,611 | 144,989 | 154,600 | 562 - 1888 | 9,024 | 138,755 | 147,779 | 531 - 1889 | 9,198 | 144,765 | 153,963 | 547 - 1890 | 8,180 | 137,088 | 145,268 | 511 - 1891 | 7,843 | 132,789 | 140,632 | 490 - 1892 | 8,302 | 128,958 | 137,260 | 473 - 1893 | 8,542 | 136,996 | 145,538 | 495 - 1894 | 8,590 | 147,876 | 156,466 | 526 - 1895 | 7,991 | 139,836 | 147,827 | 492 - 1896 | 7,933 | 146,019 | 153,952 | 506 - 1897 | 7,386 | 140,727 | 148,113 | 482 - 1898 | 8,004 | 145,961 | 153,965 | 496 - 1899 | 8,315 | 151,744 | 160,059 | 510 - 1900 | 7,194 | 146,266 | 153,460 | 483 - 1901 | 7,091 | 141,509 | 148,600 | 461 - 1902 | 7,764 | 159,232 | 166,996 | 513 - 1903 | 8,271 | 168,286 | 176,557 | 535 - 1904 | 8,640 | 21,730|159,518 | 189,888 | 569 - 1905 | 8,761 | 21,784|167,396 | 197,941 | 586 - 1906 | 8,972 | 21,890|164,194 | 195,056 | 571 - 1907 | 8,966 | 20,272|149,105 | 178,343 | 516 - 1908 | 9,091 | 20,886|146,625 | 176,602 | 505 - 1909 | 9,613 | 21,710|153,578 | 184,901 | 523 - 1910 | 9,500 | 21,381|149,080 | 179,961 | 503 - 1911 | 9,136 | 18,758|139,801 | 167,695 | 465 - 1912 | 8,756 | 17,668|132,443 | 158,867 | 439 - 1913 | 8,781 | 17,102|125,081 | 150,964 | 413 - 1914 | 7,738 | 15,598|113,088 | 136,424 | 369 - ------+------------+---------------------------+-----------+---------- - -For many years past, a marked decrease has taken place in the number -of persons sentenced to penal servitude. In 1872, there was a convict -population of 8,823 males and 1,249 females. This had fallen to 2,568 -males and 98 females at the end of 1913-14, representing a decrease -of over 70 per cent. As will be seen from the following Table, the -average length of sentence has also fallen considerably:-- - - ---------------------------+----------------------------------------- - |Sentences of convicts in custody on the - Sentence. |last day of each of the following years-- - +--------+--------+--------+-------------- - | 1872 | 1891-2| 1902-3| 1913-14 - ---------------------------+--------+--------+--------+-------------- - Life | 152 | 268 | 138 | 128 - Above 15 years | 101 | 177 | 64 | 38 - 15 years and over 10 years | 308 | 332 | 166 | 73 - 10 years and over 5 years | 7,898 | 1,498 | 581 | 343 - 5 years and over 3 years | 1,613 | 1,726 | 1,141 | 830 - 3 years | -- | 28 | 819 |1,254 - +--------+--------+--------+-------------- - Total |10,072 | 4,029 | 2,909 |2,666 - ---------------------------+--------+--------+--------+-------------- - -The most gratifying feature shown by the comparison of statistics prior -to 1914 is the wonderful decrease in the number of convictions under 21 -years of age. These figures can be traced as far back as 1848:-- - - --------------------+---------------+---------------- - Year | Under 12 |12 and Under 16|16 and Under 21 - ------+------+------+-------+-------+-------+-------- - | M. | F. | M. | F. | M. | F. - 1848 | 1,332| 215| 10,537| 1,718| 21,324| 6,307 - 1856 | 1,674| 316| 10,134| 1,857| 17,655| 7,231 - 1866 | 1,485| 152| 6,614| 1,105| 18,480| 6,147 - 1873 | 1,370| 112| 6,692| 1,185| 19,992| 7,033 - 1876 | 940| 58| 5,292| 848| 20,356| 6,572 - 1886 | 229| 21| 4,016| 547| 19,813| 5,143 - 1896 | 59| 1| 1,336| 102| 13,433| 2,924 - 1906 | 3| --| 999| 30| 15,878| 2,248 - 1910 | 1| --| 139| 3| 12,236| 1,186 - 1911 | --| --| 32| 2| 10,380| 1,163 - 1912 | --| --| 22| 1| 8,265| 938 - 1913 | --| --| 27| 5| 7,789| 900 - 1914 | --| --| 12| --| 6,320| 858 - ------+------+------+-------+-------+-------+-------- - -It will be seen that the category (16-21) has fallen from 13,433 males -in 1896 to 6,320 in 1913-14. In the 'seventies it represented 1,306 per -100,000 of the population of the country of that particular age, and -since that time the ratio has fallen as shown below:-- - - 1883 1,164 per 100,000 of population 16-21 - 1893 728 " " " - 1903 499 " " " - 1914 212 " " " - -The following Table is interesting as showing the higher average age -of the prison population in 1913-14 as compared with ten years before -that date, indicating the fact that the supply of younger recruits is -failing:-- - - ----------+----------------------------------------------- - | Age on conviction, and the Proportion Per - | Cent. which each Category bears to the Total. - +-------+-------+-------+-------+-------+------- - | Under | 21 to | 30 to | 40 to | 50 to | 60 and - | 21 | 30 | 40 | 50 | 60 | over - ----------+-------+-------+-------+-------+-------+------- - Males-- | | | | | | - 1902-3 | 11·6 | 26·7 | 26·9 | 18·2 | 8·1 | 8·2 - 1913-14 | 6·1 | 24·8 | 28·8 | 21·3 | 10·0 | 9·0 - Females-- | | | | | | - 1902-3 | 4·8 | 25·3 | 35·0 | 22·6 | 7·8 | 4·3 - 1913-14 | 2·5 | 18·4 | 34·1 | 29·1 | 11·3 | 4·4 - ----------+-------+-------+-------+-------+-------+------- - -As described in a foregoing Chapter, it was about the time of the -year first-named in the above Table that the Borstal System was -inaugurated, and to its operation (both "Full" and "Modified" Systems) -the decline in the rates of the first two columns is doubtless largely -due. Shortly before the outbreak of War, the Borstal Association -furnished remarkable figures showing that, since the Borstal System -was made statutory in 1909, only 392, out of 1,454 lads, or 27 per -cent., discharged from Borstal Institutions during that period had been -reconvicted. Bearing in mind that all these lads had qualified for -Borstal detention as being "of criminal habits or tendencies," it is -not surprising to find that the successful efforts of the Association, -and of those of Borstal Committees in Local Prisons, are resulting in -a decreasing number not only of the age with which they are directly -concerned, 16-21, but with the following one (21-30), which has -hitherto contributed some 30,000 cases annually. - -But while the statistics of 1913 showed a decrease in the volume of -serious crime, and a falling-off both in the total number committed to -prison for these as well as for less serious offences, (and of those so -committed a decreased proportion of young and first offenders) there -remained both in Local and Convict Prisons a large body of reconvicted -men and women. Thus, in Local Prisons, the percentage of reconviction -stood at 61 and 77 for men and women, respectively: while in Convict -Prisons, presumably for more serious offences, the percentage was 87 -and 67 respectively. But this high figure, taken in conjunction with -the falling prison population and the decreased number of young and -first offenders shows conclusively that recidivism in both cases is -being localized, and that, in course of time, (if even at this late -stage the many agencies now operating fail to reform) this large body -of men and women will disappear from criminal statistics, leaving a -reduced number to take their place. So far as penal servitude prisoners -are concerned, their number is relatively small. An inquiry made in -1910 into the careers of ex-convicts showed the rate of reconviction -to be about 70 per cent. Since that date the Central Association for -the Aid of Discharged Convicts has been established, and they were -able to report in 1915 concerning nearly 2,800 men, largely Recidivist -convicts, the majority of whom had been at liberty for more than two -years, that only 50 per cent. had been reconvicted. - -With regard to petty recidivism in Local Prisons, the number, prior -to the great reduction since 1914, was largely composed of persons of -vagrant habit: many, too, were mentally defective. As an example, it -was found at a particular prison that out of 700 vagrants received in -a year, 236 served from two to seven imprisonments during the year, -and that the total previous convictions of these 236 men amounted to -considerably over 2,000: while 92 reported in one year at another -prison as being of feeble mind had together amassed a total of 1,270 -convictions. Although the total of the latter category has diminished, -recent statistics show that the proportion of mentally defective in -the prison population remains about the same. So far as these are -concerned, it had been hoped that when the Mental Deficiency Act, 1913, -was brought fully into operation, the Prisons would have been purged -of this class, who are unfitted for prison discipline; but these hopes -remain to a large extent unfulfilled, chiefly owing to difficulties -arising out of the War in finding accommodation for defective persons. -Should legislation proceed on the lines of the recommendations of the -Vagrancy Committee of 1906, and should restriction on the sale of -intoxicating liquor still be enforced, there is little doubt that the -high rate of petty recidivism in Local Prisons will be permanently -reduced. - - -(B) THE RESULT OF THE WAR. - -The European War broke out in August, 1914, and it is the purpose of -the following pages to show, as far as possible, the effect of the many -changes brought about by the social upheaval consequent upon war-time -conditions and legislation upon the crime of the country. - -As will be seen from the following Table, the daily average Local -prison population has fallen enormously since 1913-14--52 per cent. -in the case of males and 40 per cent. in the case of females. But -as regards the number of males committed by _Ordinary Courts_, the -fall in the average population is much greater, for included in the -daily average population shown below is an average probably not far -below 2,000 prisoners committed by Courts Martial, the larger number -of whom were cases of men, who, having failed to obtain from local -tribunals exemption on the ground of conscientious objection under the -Military Service Acts, were ultimately committed to prison for breach -of military discipline. Further, there are also included many cases -charged under the Defence of the Realm &c. Acts. Excluding all these, -the daily average male population in 1918-19 had fallen by over 60 per -cent. of the number at which it stood in the year before the War. A -fall of over one-half is also shown in the male average population of -Convict Prisons:-- - - --------+------------------------------------------ - | Daily Average Population of - +-------------+---------------+------------ - |Local Prisons|Convict Prisons| Borstal - | | |Institutions - --------+------+------+-------+-------+-----+------ - | M. | F. | M. | F. | M. | F. - 1913-14 |12,116| 2,236| 2,609 | 95 | 841 | 87 - 1918-19 | 5,751| 1,322| 1,146 | 83 | 566 | 194 - --------+------+------+-------+-------+-----+------ - -This great fall in the prison population is still more strikingly shown -in the Table showing the total committals to prison on conviction by -Ordinary Courts for the years named:-- - - -------------+--------------------------------------------+---------- - | Committals to Prison on Conviction. |Proportion - +----------+----------+--------------+-------+ per - Year. | On |Indictable|Non-indictable| | 100,000 - |Indictment| Offences | Offences | Total | of the - | | Tried | | |Population - | |Summarily | | | - -------------+----------+----------+--------------+-------+---------- - 1913-14 | 7,738 | 15,598 | 113,088 |136,424| 369 - 1918-19 | 3,486 | 8,568 | 13,996 | 26,050| 70 - +----------+----------+--------------+-------+---------- - Decrease | | | | | - since 1913-14| 55% | 45% | 88% | 81% | 299 - -------------+----------+----------+--------------+-------+---------- - -This great fall in the numbers committed must, of course, be attributed -to a great extent, to conditions arising out of a state of war: but, -at the same time, it must be borne in mind, as shown above, that a -decrease in grave, as well as in the less serious, forms of crime, had -been proceeding for some years before the war. The general call upon -the manhood of the nation for service with the Forces: the endless -opportunities for employment for those who, in ordinary times, would -probably not be eligible for want of necessary qualifications--to which -must be added the intense spirit of patriotism pervading all classes, -leading men and women to abstain from evil--have, no doubt, been -chiefly responsible for so few persons coming to prison. But the War -alone, or the spirit engendered by the War, cannot be said to have been -the sole cause of this great fall. In the first year of the War, the -Criminal Justice Administration Act, 1914, came into operation, which -provided new facilities for the payment of fines; and, whereas before -the operation of this Act between 75,000 and 100,000 persons had been -committed annually in default, the number so committed in 1918-19 had -fallen to about 5,300 only. This low number is probably to be accounted -for by the high wages prevalent, thus affording means to pay the fines -imposed. As a result of this, the total number of short sentences fell -enormously. Before the War, and the passing of the Act of 1914, there -had been nearly 100,000 sentences annually to two weeks or less, while -in 1918-19, only 4,000 were received for those terms. - -As regards the actual offences which have contributed to this decrease -during the War,--amongst grave crime, the offences of Burglary and -Housebreaking showed the greatest fall, _viz_:--57 per cent., the -numbers having been 1,960 in 1913-14, and 840 in 1918-19. Larcenies, -including the less serious cases dealt with summarily, fell from -22,459 in the first-named year to 8,915 in the latter year, or 60 per -cent. (A large increase in the case of Bigamy was noted,--the number -which had averaged about 80 per annum before the War, had risen to -420 in 1918-19). Cases punishable by fine fell greatly, and amongst -these was the offence of Drunkenness: 51,851 persons were received -on conviction in 1913-14 and only 1,670 in 1918-19, a fall of 97 per -cent., the number for the latter year probably representing largely the -cases which were committed without the option of a fine. Assaults also -fell from 8,666 in 1913-14 to 1,269 in 1918-19, or 85 per cent., and -offences against Police Regulations from 8,661 to 889, or 90 per cent. - -A striking feature of statistics during the War has been the decreased -proportion of recidivists convicted of _serious_ crime tried on -indictment. In 1913, 3,462 persons, or 34 per cent. of the total -convicted, had incurred six or more previous convictions: in 1918, this -number had fallen to only 786, or 17 per cent. of the whole. - -Soon after the outbreak of War, drastic measures were enforced on -the sale of intoxicating liquor. On the 31st August, 1914, the -Intoxicating Liquor (Temporary Restriction) Act, 1914, was passed, -and under its provisions numerous Orders were made by the Licensing -Justices, suspending the sale or consumption of liquor on licensed -premises or clubs. Similar Orders were also made by Naval and Military -Authorities. In June, 1915, the Central Control Board (Liquor Traffic) -was constituted under an Order in Council, which established the -Defence of the Realm (Liquor Control) Regulations 1915, pursuant to -Act of Parliament. Statistics for the offence of Drunkenness showed a -remarkable decrease year by year, as will be seen from the following -Table:-- - - ------------------+---------------------------------------------- - |Convictions for Drunkenness in England & Wales - Year +--------------+---------------+--------------- - | Males. | Females. | Total - ------------------+--------------+---------------+--------------- - 1913 | 153,112 | 35,765 | 188,877 - 1914 | 146,517 | 37,311 | 183,828 - 1915 | 102,600 | 33,211 | 135,811 - 1916 | 62,946 | 21,245 | 84,191 - 1917 | 34,103 | 12,307 | 46,410 - 1918 | 21,853 | 7,222 | 29,075 - Decrease per cent | | | - since 1913 | 86 | 79 | 85 - ------------------+--------------+---------------+--------------- - -Another remarkable feature of prison statistics during the War was -the practical disappearance of the Vagrant, convicted of Begging and -Sleeping-Out. In the years before the War, as many as 27,000 had been -committed annually for this offence (see chapter XIII), while in -1918-19 only 1,066 were received, and these were said to have been -largely the aged and the mentally or physically weak. - -From observation of all the causes leading to the very remarkable -decrease in every category of criminal offences during the War, the -conclusion to be drawn seems to be that when employment is easy and -plentiful, and when, at the same time, there is severe restriction of -the opportunities for spending wages in intoxicating drink, there is -the probability that the records of crime (and by 'crime' is meant -not only grave offences, but the multitude of offences against Police -Regulations, Vagrancy, &c.) would be very low in the community. In past -years, the effect upon crime of prosperity, leading to good wages and -easy employment, seems to have been obscured in criminal statistics -owing to the enormous figures of convictions of Drunkenness, which, -in some recent years, have exceeded 200,000, and have represented -one-third of the whole receptions into prison. The following Table is -interesting as showing the comparison of prison statistics during a -year (1918-19) of plentiful employment with restrictions on the sale -of intoxicating liquor, with a year in which there was acute trade -depression:-- - - ----------------------------------------------------------+-------+------- - |1918-19|1908-09 - +-------+------- - Board of Trade percentage of Unemployment | ·08 | 7·8 - | | - Daily Average Local Prison population | | - (excluding Military prisoners) | 5,500 | 16,000 - | | - Total receptions on convictions |26,050 |184,901 - | | - Including | | - | | - Charges for Drunkenness | 1,670 | 62,822 - | | - " Begging and Sleeping-Out | 1,066 | 27,387 - | | - " Larceny | 8,380 | 24,060 - | | - Total Debtors received | 1,830 | 18,996 - | | - Number committed in default of fine | 5,264 | 95,686 - ----------------------------------------------------------+-------+------- - -The great fall in the prison population made it possible to close -temporarily, at various dates, a considerable number of the penal -institutions, representing about one-quarter of the total cellular -accommodation of the country. These included the large convict prison -at Dartmoor, which was utilized as a "Work Centre" for the prisoners -known as "Conscientious Objectors," and the Borstal Institution at -Feltham. - -So far as crime generally in the country is concerned, a comparison -with the Tables printed on pages 216-8 shows a further great -falling-off, as follows:-- - - -------------------------------------+------------------------------------ - |Number tried or proceeded against. - +-------+-------+-------------------- - | 1917 | 1913 |Decrease per cent. - -------------------------------------+-------+-------+-------------------- - (a) Serious crime tried on indictment| 5,586| 12,511| 55 - | | | - (b) Less serious, though indictable | | | - crime, tried summarily | 57,419| 50,758| 13 (increase) - (c) Non-indictable offences of a | | | - criminal nature | 52,152| 71,124| 27 - (d) Non-indictable offences of a | | | - non-criminal nature |393,606|609,116| 35 - -------------------------------------+-------+-------+-------------------- - -With regard to category (a), serious offences against the person have -fallen since 1913 by 39 per cent; offences against property with -violence (burglary, housebreaking, &c.) by 58 per cent; and offences -against property without violence (larceny, receiving, &c.) by 60 per -cent. - -As regards the increase shown under category (b) above, a large -proportion of the charges included are for petty larceny by children -and "young persons." Deducting these from the total, the offences -committed by persons over 16 total to 33,012 and 36,433 for the years -1917 and 1913 respectively, or 9 per cent. decrease. - -In category (d) are included 65,386 offences created by war-time -legislation, _viz_: offences against regulations made under the Defence -of the Realm Acts, about 50,500; Aliens Restriction Act, 1914, 13,600; -and National Registration Act, 1,192. If these be excluded, the -decrease shown in the Table above would be about 46 per cent. - - * * * * * - -Although over two years have elapsed since the cessation of -hostilities, during which time several million men have returned -to civil life, and although during that time there has been much -industrial unrest, and though certain modifications have been allowed -on the severe restrictions placed upon the sale of intoxicating liquor, -referred to above, the ordinary prison population is still 36 per cent. -below that at the time of the outbreak of war, _viz_:-- - - ---------------------+--------+--------+---------------------+------------ -Number in Custody on: |Local |Convict |Preventive Detention |Borstal - | Prisons|Prisons |Prisons |Institutions - ---------------------+--------+--------+---------------------+------------ - 4th Aug. 1914 |13,580 | 2,601 | 247 | 925 - | | | | - 1st March 1921 | 8,535 | 1,305 | 73 | 1213 - ---------------------+--------+--------+---------------------+------------ - -The elimination of many thousands of petty offenders from the prison -population, due to the causes enumerated above, has had the effect of -reducing enormously the _volume_ of recidivism to be found in Local -Prisons at the present time, though the _proportion_ who had been -previously convicted remains about the same as formerly. Thus, the -total with _more than three previous convictions_ who were committed -during the first three months of 1920, as compared with a similar -period in 1914, shows a decrease of no less than 73 per cent. in the -case of males and 66 per cent. in the case of females. The actual -figures are as follows:-- - - -------------------------------+----------------------------------------- - |Receptions on conviction during the first| - | three months of | - | 1914. | 1920. | - +----------+--------+--------------------- - | M. | F. | M. | F. - -------------------------------+----------+--------+--------+------------- - Number received | | | | - with 1-3 previous convictions| 6,533 | 1,772 | 2,132 | 685 - " 4-5 " " | 1,704 | 845 | 397 | 189 - " 6-10 " " | 2,490 | 832 | 513 | 226 - " 11-20 " " | 2,243 | 816 | 475 | 257 - " over 20 " " | 1,866 | 1,476 | 453 | 583 - -------------------------------+----------+--------+--------+------------- - -As regards the population in Convict Prisons, the great bulk of whom -are classified as Recidivist, only about 700 are so classified at the -present time, as compared with 2,000 at the beginning of the present -century; while the supply of the Juvenile-Adult sentenced to penal -servitude has almost ceased: in 1901 there were 200 lads 16-21 serving -sentences of penal servitude--to-day there are 9 only. - -An examination of statistics for the years following the conclusion -of the Wars of the previous century shows that any increase which -then took place was largely attributable to industrial depression, -and that, on the revival of trade, they fell to their normal level. -If, at the present time, there is a reversion to the former state of -things--unrestricted sale of intoxicating liquor, or should recurring -cycles of acute trade depression result in wide-spread unemployment -and poverty,--it may be expected that the Prisons of the country will -once again be occupied with thousands of tramps and vagrants, and -petty offenders committed for short periods, and that the provisions -of the Criminal Justice Administration Act as to checking committals -in default of payment of fine will be largely nullified. If, on the -other hand, a social system can be devised and maintained which -can facilitate the means of employment, while, at the same time, -maintaining sobriety at its present level, there would incidentally be -found in such measures the solution of the penal problem. - - - - -APPENDIX (A) - -BORSTAL INSTITUTIONS. - -EXTRACT from the PREVENTION OF CRIME ACT, 1908. (8 Edw. 7, cap. 59). - -Part I. - -Reformation of Young Offenders. - -[Sidenote: Power of court to pass sentence of detention in Borstal -Institution.] - -(1) Where a person is convicted on indictment of an offence for which -he is liable to be sentenced to penal servitude or imprisonment, and it -appears to the court-- - - (_a_) that the person is not less than sixteen nor more than - twenty-one years of age; and - - (_b_) that, by reason of his criminal habits or tendencies, or - association with persons of bad character, it is expedient that - he should be subject to detention for such term and under such - instruction and discipline as appears most conducive to his - reformation and the repression of crime; - -it shall be lawful for the court, in lieu of passing a sentence of -penal servitude or imprisonment, to pass a sentence of detention under -penal discipline in a Borstal Institution for a term of not less -than[2] one year nor more than three years: - -Provided that, before passing such a sentence, the court shall consider -any report or representations which may be made to it by or on behalf -of the Prison Commissioners as to the suitability of the case for -treatment in a Borstal Institution, and shall be satisfied that the -character, state of health, and mental condition of the offender, and -the other circumstances of the case, are such that the offender is -likely to profit by such instruction and discipline as aforesaid. - -(2) The Secretary of State may by order direct that this section shall -extend to persons apparently under such age not exceeding the age of -twenty-three as may be specified in the order, and upon such an order -being made this section shall, whilst the order is in force, have -effect as if the specified age were substituted for "twenty-one": - -Provided that such an order shall not be made until a draft thereof -has lain before each House of Parliament for not less than thirty days -during the session of Parliament, and if either House, before the -expiration of that period, presents an address to His Majesty against -the draft or any part thereof, no further proceedings shall be taken -thereon, but without prejudice to the making of any new draft order. - -[Sidenote: Application to reformatory school offences.] - -2. Where a youthful offender sentenced to detention in a reformatory -school is convicted under any Act before a court of summary -jurisdiction of the offence of committing a breach of the rules of the -school, or of inciting to such a breach, or of escaping from such a -school, and the court might under that Act sentence the offender to -imprisonment, the court may, in lieu of sentencing him to imprisonment, -sentence him to detention in a Borstal Institution for a term not -less than[3] one year nor more than three years, and in such case the -sentence shall supersede the sentence of detention in a reformatory -school. - -[Sidenote: Power to transfer from prison to Borstal Institution.] - -3. The Secretary of State may, if satisfied that a person undergoing -penal servitude or imprisoned in consequence of a sentence passed -either before or after the passing of this Act, being within the limits -of age within which persons may be detained in a Borstal Institution, -might with advantage be detained in a Borstal Institution, authorise -the Prison Commissioners to transfer him from prison to a Borstal -Institution, there to serve the whole or any part of the unexpired -residue of his sentence, and whilst detained in, or placed out on -licence from, such an institution, this Part of this Act shall apply to -him as if he had been originally sentenced to detention in a Borstal -Institution. - -[Sidenote: Establishment of Borstal Institutions.] - -4.--(1) For the purposes of this Part of this Act the Secretary of -State may establish Borstal Institutions, that is to say, places in -which young offenders whilst detained may be given such industrial -training and other instruction, and be subjected to such disciplinary -and moral influences as will conduce to their reformation and the -prevention of crime, and for that purpose may, with the approval of the -Treasury, authorise the Prison Commissioners either to acquire any land -or to erect or acquire any building or to appropriate the whole or any -part of any land or building vested in them or under their control, and -any expenses incurred under this section shall be paid out of moneys -provided by Parliament. - -(2) The Secretary of State may make regulations for the rule and -management of any Borstal Institution, and the constitution of a -visiting committee thereof, and for the classification, treatment, -and employment and control of persons sent to it in pursuance of this -Part of this Act, and for their temporary detention until arrangements -can be made for sending them to the institution, and, subject to any -adaptations, alterations, and exceptions made by such regulations, the -Prison Acts, 1865 to 1898 (including the penal provisions thereof), and -the rules thereunder, shall apply in the case of every such institution -as if it were a prison. - -[Sidenote: Power to release on Licence] - -5.--(1) Subject to regulations by the Secretary of State, the Prison -Commissioners may at any time after the expiration of six months, -or, in the case of a female, three months, from the commencement -of the term of detention, if satisfied that there is a reasonable -probability that the offender will abstain from crime and lead a -useful and industrious life, by licence permit him to be discharged -from the Borstal Institution on condition that he be placed under the -supervision or authority of any society or person named in the licence -who may be willing to take charge of the case. - -(2) A licence under this section shall be in force until the term for -which the offender was sentenced to detention has expired, unless -sooner revoked or forfeited. - -(3) Subject to regulations by the Secretary of State, a licence under -this section may be revoked at any time by the Prison Commissioners, -and where a licence has been revoked the person to whom the licence -related shall return to the Borstal Institution, and, if he fails to do -so, may be apprehended without warrant and taken to the institution. - -(4) If a person absent from a Borstal Institution under such a licence -escapes from the supervision of the society or person in whose charge -he is placed, or commits any breach of the conditions contained in the -licence, he shall be considered thereby to have forfeited the licence. - -(5) A court of summary jurisdiction for the place where the Borstal -Institution from which a person has been placed out on licence is -situate or where such a person is found may, on information on oath -that the licence has been forfeited under this section, issue a warrant -for his apprehension, and he shall, on apprehension, be brought before -a court of summary jurisdiction, which, if satisfied that the licence -has been forfeited, may order him to be remitted to the Borstal -Institution, and may commit him to any prison within the jurisdiction -of the court until he can conveniently be removed to the institution. - -(6) The time during which a person is absent from a Borstal Institution -under such a licence shall be treated as part of the time of his -detention in the institution: Provided that where that person has -failed to return to the institution on the licence being forfeited or -revoked, the time which elapses after his failure so to return shall be -excluded in computing the time during which he is to be detained in the -institution. - -(7) A licence under this section shall be in such form and shall -contain such conditions as may be prescribed by regulations made by the -Secretary of State. - -[Sidenote: Supervision after expiration of term of sentence.] - -6.--(1) Every person sentenced to detention in a Borstal Institution -shall, on the expiration of the term of his sentence, remain for a -further period of[4]six months under the supervision of the Prison -Commissioners. - -(2) The Prison Commissioners may grant to any person under their -supervision a licence in accordance with the last foregoing section, -and may revoke any such licence and recall the person to a Borstal -Institution, and any person so recalled may be detained in a Borstal -Institution for a period not exceeding[5]three months, and may at any -time be again placed out on licence: - -Provided that a person shall not be so recalled unless the Prison -Commissioners are of opinion that the recall is necessary for his -protection, and they shall again place him out on licence as soon as -possible[6] and at latest within three months after the recall, and -that a person so recalled shall not in any case be detained after the -expiration of the said period of six months' supervision. - -(3) A licence granted to a person before the expiration of his sentence -of detention in a Borstal Institution shall, on his becoming liable -to be under supervision in accordance with this section, continue in -force after the expiration of that term, and may be revoked in manner -provided by the last foregoing section. - -(4) The Secretary of State may at any time order that a person under -supervision under this section shall cease to be under such supervision. - -[Sidenote: Transfer of incorrigibles, &c. to prison.] - -7. Where a person detained in a Borstal Institution is reported to the -Secretary of State by the visiting committee of such institution to be -incorrigible, or to be exercising a bad influence on the other inmates -of the institution, the Secretary of State may commute the unexpired -residue of the term of detention to such term of imprisonment, with or -without hard labour, as the Secretary of State may determine, but in no -case exceeding such unexpired residue. - -[Sidenote: Treasury contributions towards expenses of societies -assisting, &c. persons discharged from Borstal Institutions.] - -8. Where a society has undertaken the duty of assisting or supervising -persons discharged from a Borstal Institution, either absolutely or -on licence, there may be paid to the society out of money provided by -Parliament towards the expenses of the society incurred in connection -with the persons so discharged such sums on such conditions as the -Secretary of State, with the approval of the Treasury, may recommend. - -[Sidenote: Removal from one part of the United Kingdom to another.] - -9. Where a person has been sentenced to detention in a Borstal -Institution in one part of the United Kingdom, the Secretary of State, -the Secretary for Scotland or the Lord Lieutenant of Ireland, as the -case may be, may, as authority under this Act for that part of the -United Kingdom, direct that person to be removed to and detained in a -Borstal Institution in another part of the United Kingdom, with the -consent of the authority under this Act for that other part. - - -EXTRACT FROM THE CRIMINAL JUSTICE ADMINISTRATION ACT, 1914 (4 & 5 Geo. -5, cap. 58). - - -_Committals to Borstal Institutions._ - -[Sidenote: Power to send youthful delinquents to Borstal institutions] - -10.--(1) Where a person is summarily convicted of any offence for which -the court has power to impose a sentence of imprisonment for one month -or upwards without the option of a fine, and-- - - (_a_) it appears to the court that the offender is not less than - sixteen nor more than twenty-one years of age; and - - (_b_) it is proved that the offender has previously been convicted of - any offence or, that having been previously discharged on probation, - he failed to observe a condition of his recognizance; and - - (_c_) it appears to the court that by reason of the offender's - criminal habits or tendencies, or association with persons of bad - character, it is expedient that he should be subject to detention for - such term and under such instruction and discipline as appears most - conducive to his reformation and the repression of crime, - -[Sidenote: 8 Edw. 7, c. 59.] - -it shall be lawful for the court, in lieu of passing sentence, to -commit the offender to prison until the next quarter sessions, and the -court of quarter sessions shall inquire into the circumstances of the -case, and, if it appears to the court that the offender is of such age -as aforesaid and that for any such reason as aforesaid it is expedient -that the offender should be subject to such detention as aforesaid, -shall pass such sentence of detention in a Borstal institution as is -authorised by Part I. of the Prevention of Crime Act, 1908, as amended -by this Act; otherwise the court shall deal with the case in any way in -which the court of summary jurisdiction might have dealt with it. - -(2) A court of summary jurisdiction or court of quarter sessions, -before dealing with any case under this section, shall consider any -report or representations which may be made to it by or on behalf -of the Prison Commissioners as to the suitability of the offender -for such detention as aforesaid, and a court of summary jurisdiction -shall, where necessary, adjourn the case for the purpose of giving an -opportunity for such a report or representations being made. - -(3) Where a person is committed to prison under this section, his -treatment in prison shall, so far as practicable, be similar to that in -Borstal institutions, or he may, if the Secretary of State so directs, -be transferred to a Borstal institution. - -[Sidenote: 8 Edw. 7 c. 15.] - -(4) The Costs in Criminal Cases Act, 1908, shall apply in the case -of a person committed to prison by a court of summary jurisdiction -under this section as if that person were committed for trial for an -indictable offence. - -(5) A person sentenced by a court of quarter sessions under this -section to detention in a Borstal institution may appeal against the -sentence to the Court of Criminal Appeal as if he had been convicted on -indictment, and the provisions of the Criminal Appeal Act, 1907, shall -apply accordingly. - -[Sidenote: 7 Edw. 7 c. 23.] - -(6) This section shall come into operation on the first day of -September nineteen hundred and fifteen. - -[Sidenote: Amendment and application of Part I. of the Prevention of -Crime Act, 1908.] - -11.--(1) The term for which a person or youthful offender may be -sentenced to detention in a Borstal institution under section one or -section two of the Prevention of Crime Act, 1908, shall not be less -than two years, and accordingly "two years" shall be substituted -for "one year" in subsection (1) of section one and in section two -respectively of that Act. - -(2) The period for which a person sentenced to detention in a Borstal -institution is on the expiration of the term of his sentence to remain -under the supervision of the Prison Commissioners shall be one year, -and accordingly "one year" shall be substituted for "six months" in -subsection (1) of section six of the same Act. - -(3) The maximum period for which a person so under the supervision of -the Prison Commissioners may on recall to a Borstal institution be -detained in such an institution shall be one year, and he may be so -detained notwithstanding that the period of supervision has expired, -and accordingly "one year" shall be substituted for "three months" in -subsection (2) of section six of that Act. - -(4) The provisions of Part I. of the Prevention of Crime Act, 1908, as -so amended, shall apply to persons sentenced to detention in a Borstal -institution under this Act in like manner as they apply to persons -sentenced under that Part of that Act. - -FOOTNOTES: - -[Footnote 2: Altered to two years (vide Sec. 11 (1), C.J.A. Act, 1914).] - -[Footnote 3: Altered to two years (vide Sec. 11 (1), C.J.A. Act, 1914).] - -[Footnote 4: Altered to one year, (vide Sec. 11 (2), C.J.A. Act, 1914).] - -[Footnote 5: " " one year, (" " 11 (3), " " ").] - -[Footnote 6: The passage from "and at latest" to "six months -supervision" repealed by C.J.A. Act, 1914.] - - - - -BORSTAL INSTITUTIONS - -FOR - -MALES AND FEMALES. - - Regulations made by the Secretary of State under Section 4 (2) of the - Prevention of Crime Act, 1908. - -_Grades_. - - -1. Persons sentenced to detention under Penal discipline in a Borstal -Institution, or transferred for the purpose of such detention under -Section 3 of the Act, shall be divided into grades, proceeding from the -Ordinary to the Special Grade, where promotion is justified by industry -and good conduct. Failing that, inmates may be degraded or forfeit any -privileges of their Grade, or be reduced to the Penal Class. - -2. Promotion will be regulated by the close personal observation of the -inmates, attention being specially paid to their general behaviour, -their amenability to discipline, and their attention to instruction, -both literary and industrial. - -3. There will be an ascending scale of privileges enjoyed by inmates as -they pass from one Grade to another. - -4. Inmates may be placed in the Penal Class by order of the Governor -if believed by him to be exercising a bad influence, but no inmate -shall be detained in it longer than is necessary in the interests of -himself or others. While in the Penal Class, inmates shall be employed -in separation at work of a hard and laborious nature and wear a special -dress. - -5. Promotion in the early stages will be decided by the Governor, on -the report of the party officers. Promotion to the Probationary and -Special Grades will be by the selection of a Board, to be called the -Institution Board (composed of such officers of the Institution as -the Prison Commissioners may select), at their monthly meeting, but -inmates shall not be promoted unless the Board are satisfied that they -deserve it, and they shall not be retained in either Grade, should it -be considered necessary to remove them for any good reason. - -Inmates may qualify for the Probationary Grade after passing nine -months in the lower Grades in the case of males, and twelve months in -the case of females. - -6. Well-conducted inmates in the Special Grade may be selected by the -Governor for work in places of trust and confidence on the farm or -elsewhere, may be placed on parole, and may perform their work under -such conditions for custody and supervision as he may think fit. - -7. Inmates in the Special Grade, in addition to other privileges, will -wear, in addition to a distinctive dress, a good conduct badge for -every three months passed in the Special Grade. For every such badge -they may be allowed a small money payment, which may be devoted to the -purchase of approved objects, or sent to their relations. - -8. They may also be specially selected for the duties of monitors, -and will assist in the administration of the Establishment in various -capacities, and will be known as the "Star Special" Grade. - -9. The Visiting Committee shall consist of not less than six persons -appointed by the Secretary of State. They shall hold office for such -period not exceeding three years as may be fixed by the Secretary of -State. They may exercise all such powers as are given to the Visiting -Committees by the rules for the Government of Local Prisons made under -the Prison Act, 1898. - -10. As soon as any person is sentenced to detention in a Borstal -Institution, arrangements shall be made for his removal thither, and -until such arrangements can be made, he will be specially located and -segregated in the prison of the district whence he was committed, -and be subject to the Prison Rules for offenders sentenced to -imprisonment without hard labour: provided that where, owing to lack -of accommodation in the Borstal Institutions, immediate arrangements -cannot be made for the removal of any person so sentenced to any -Borstal Institution, the Prison Commissioners may temporarily locate -such person in a prison where training similar to that given in Borstal -Institutions is being given to a class of Juvenile-Adult prisoners; -and any person so located shall not be allowed to associate with any -prisoners except members of the Juvenile-Adult class, and shall be -removed to a Borstal Institution as soon as accommodation is available. - -11. Gratuities shall be placed to the credit of inmates, and shall be -expended in assisting them on discharge. - -12. When the Institution Board, having closely examined into the -character and conduct of an inmate, and being satisfied, after -communication with any society or person interested in the case, that -there is a reasonable probability (1) that he will lead a useful and -industrious life and abstain from crime, and (2) that employment will -be found for him, may at any time, always provided that he has served -not less than six months of his sentence, or three months in the case -of females, submit the case to the Visiting Committee who, if they -think fit, may thereupon recommend to the Prison Commissioners that he -be discharged from the Institution on licence. - -13. Special provision will be made for the discharge on licence of each -inmate by arrangement with benevolent societies or persons who may -be willing to assist the case on discharge. Full information will be -afforded, and help given, to such societies or persons with the object -of securing a continuous and well-directed supervision of the case, -both at the moment of discharge and afterwards at the home or place to -which the inmate goes. Every encouragement will be given to preliminary -visitation in the Institution before discharge, in order that the -Society or individual may have a personal knowledge of the inmate, and -be in possession of the views of the authorities of the Institution -concerning him. - -14. If the Prison Commissioners are satisfied that an inmate who has -been released on licence has escaped from the supervision of the -Society or person under whose care he has been placed, or has been -guilty of serious and wilful breach of the conditions of his licence, -and that the case cannot be dealt with by admonition and warning, they -may revoke the licence in pursuance of Section 5 (3) of the Act. - -15. Inmates whose licences have been revoked under Section 5 (3), or -forfeited under Section 5 (4) of the Act, may be detained in the Penal -Class for such length of time as the Institution Board shall deem -it necessary, having regard to all the circumstances of the case or -they may be placed in the Ordinary Grade, but shall not be promoted -therefrom except with the approval of the Prison Commissioners. - -16. The Form of Licence under Section 5 (1) and of Revocation under -Section 5 (3) of the Act shall be in the form of the Schedules appended -hereto. - - - - -SCHEDULE A. - - PREVENTION OF CRIME ACT, 1908. _No._ - -(8 Edw. 7. Ch. 59.) - -CRIMINAL JUSTICE ADMINISTRATION ACT, 1914. - -(4 & 5 Geo. 5, Ch. 58.) - -Order for Discharge on Licence from a Borstal Institution. - - - PRISON COMMISSION, - - Home Office, Whitehall, - - ...... day of ...... 19.. - - - The Prison Commissioners, in pursuance of the powers conferred - upon them by the Prevention of Crime Act, 1908, do by this Licence - permit ......, who at the ...... held at ...... on the ...... of - ......, 19.., for the ...... of ...... was convicted of ...... - and was sentenced to detention in a Borstal Institution for a term - of ...... years, and is now detained in the Institution at ......, - to be discharged from the said Institution within thirty days from - the date hereof on condition that he places himself under the care, - supervision and authority of the Honorary Director of the Borstal - Association, until the expiration of his sentence on the ...... of - ...... 19.., and during the further period of one year for which he - is liable by the said Act to remain under supervision, namely until - the ...... day of ...... 19.., unless the Prison Commissioners sooner - revoke or alter this Licence. - - This Licence is granted subject to the conditions endorsed - hereon, upon the breach of any of which it will be liable to be - revoked or forfeited. - - - _Secretary, Prison Commission._ - - -Conditions. - -1. The Licensee shall proceed to 15, Buckingham Street, Strand, W.C. -and shall not without the consent of the Society or person under whose -charge he has been placed, remove from that place or such other place -as may be named by the Society or person. - -2. He shall obey such instructions as he may receive with regard to -punctual and regular attendance at employment or otherwise; he shall -report himself periodically, either personally or by letter, if -required to do so; he shall not change his address without permission. - -3. He shall abstain from any violation of the law, shall not associate -with persons of bad character, and shall lead a sober and industrious -life to the satisfaction of the Borstal Association. - - -Attention is directed to the following Provisions of "The Prevention of -Crime Act, 1908." - -Section 5. (3) A licence under this section may be revoked at any time -by the Prison Commissioners, and where a licence has been revoked -the person to whom the licence related shall return to the Borstal -Institution, and if he fails to do so may be apprehended without -warrant and taken to the Institution. - -(4) If a person absent from a Borstal Institution under such a licence -escapes from the supervision of the Society or person in whose charge -he is placed, or commits any breach of the conditions contained in the -licence, he shall be considered thereby to have forfeited the licence. - -(6) The time during which a person is absent from a Borstal Institution -under such a licence shall be treated as part of the time of his -detention in the Institution; provided that where that person has -failed to return to the Institution on the licence being forfeited or -revoked, the time which elapses after his failure so to return shall be -excluded in computing the time during which he is to be detained in the -Institution. - - * * * * * - -I hereby acknowledge that I am aware of the above-named conditions, -&c., which have been explained to me. - - _Inmate._ - - _Governor._ - - - - -SCHEDULE B. - -PREVENTION OF CRIME ACT, 1908, (8 Edw. 7, Ch. 59.) - -CRIMINAL JUSTICE ADMINISTRATION ACT, 1914. - -(4 & 5 Geo. 5, Ch. 58.) - - No. - - - Order of Revocation of Licence for Discharge - from Borstal Institution. - - - Whereas by Licence bearing date the ...... day of - ...... 19.., you ..... being a person under sentence of detention - in the Borstal Institution, were duly licensed to the care of the Honorary - Director of the Borstal Association, of 15, Buckingham Street, - Strand, in the County of London, for the period of ...... months, - ...... days, from ...... the Prison Commissioners do hereby revoke the - said Licence from the date hereof, and require you - the said ...... forthwith to return to the Institution at ...... - - Given under my hand this ...... day of ...... 19.. - - - _Secretary._ - - * * * * * - -Note.--A person failing to return to a Borstal Institution on -revocation of his Licence may be apprehended without warrant and be -taken to the Institution. - -(_See_ Section 5 (3) of the Prevention of Crime Act, 1908.) - - - - -MEMORANDUM TO GOVERNORS, MALE BORSTAL INSTITUTIONS. - - -The following arrangements for carrying out the Borstal System have -been arrived at after a series of experiments lasting over twelve -years. Conferences have been held from time to time among the various -Governors and others who have been charged with the carrying of the -System into effect and it is believed that these arrangements will -fulfil the object at which they aim, _viz_:--the due instruction and -reclamation of Borstal inmates by the means suggested--physical, -mental, and moral. - -The System aims at an intellectual, physical, and moral improvement and -development of each inmate. The first will be secured by a carefully -arranged educational system appropriate to the needs of each. The -second by a methodical system of labour, which shall be, as far as -possible, of an interesting and instructive kind analogous to the day -of a free workman in full employment. Drill and Gymnastics for the -bodily development of inmates will be a leading feature of the System. -Education and labour well organized will thus largely contribute to -the "disciplinary and moral influences" referred to in Section 4 of -the Act. There will be, in addition, the moral precept and example -of the Staff, superior and subordinate. Each and all have a great -trust confided to them, which is to raise the young offender, by -personal influences and wise exhortation, to a due sense of duties -and responsibilities as a law-abiding citizen. The System will rest -primarily on good discipline, firmly but kindly administered. In the -obedience which follows from this is the beginning of moral improvement -This being secured, the System admits a wide latitude for trust and -confidence in the later stages, whence will spring the sense of honour -and self-respect. When this sentiment has been inculcated, the purpose -of the Act may be said to be fulfilled, namely, the reformation of -the offender, and, incidentally, the repression of crime, for if the -criminal habit be arrested at the beginning, the supply of criminals in -the later stages of their career is effectively stopped. - -1. The Borstal course in future will be as follows:-- - - (a) the Ordinary Grade--3 months. - (b) the Intermediate Grade--6 months: divided into two Sections A & B. - (c) the Probationary Grade, - (d) the Special Grade, and - (e) the Star Special Grade. - -The Penal Grade will be known, in future, as the Penal _Class_, so as -to avoid confusion with other Grades. - -2. Inmates in the Ordinary Grade will work in association during -the day, but in order to prevent lads in this stage being kept for -unduly long periods in separate confinement, arrangements will be -made by which inmates shall not retire to their rooms until late in -the evening. Education will take place in the evening as furnishing -an opportunity for bringing the lads out of their rooms, or, failing -this, some other means will be devised. Inmates in this Grade will go -through the ordinary course of physical exercises and drill, but will -be debarred from the privileges which can be earned later of games, &c. -It is obvious that the period passed in the Ordinary Grade will furnish -the opportunity for special observation and attribution to later -employment, &c. - -3. The system of awarding marks to indicate progress through and out -of the Grade will be discontinued. The award of gratuity will also be -abolished, but a sum of £1 will be paid to the Borstal Association -for each inmate released, for the purpose of providing assistance to -inmates on discharge. The inmates will be divided into Divisions, and a -Tutor will be allocated to each. - -He will act, so to speak, as the Headmaster of a Division, and will be -responsible for advising the Governor as to the conduct, character, -and progress of each individual lad. No lad will be passed out of the -Ordinary Grade unless the Governor is satisfied, after consultation -with the Tutor, the Principal and the Party Officers, that his conduct -and industry are such as to merit advancement. The conduct will be -recorded weekly in a Register kept for the purpose, for which the -Principal Officer of the Division will be responsible. The Instructor -or Party Officer will be supplied with pocket registers in which -notes will be made containing anything of importance concerning the -character, demeanour, and industry of the lad. These will be collected -by the Principal Officer of the Division and brought before the Tutor -or head of the Division, and will, as stated, furnish the Governor with -the opportunity of making his decision as to the advancement of the lad -out of the Ordinary Grade. - -4. A lad on passing out of the Ordinary Grade will pass into the -Intermediate Grade 'A'. He will then have the privilege of meals in -association, and he may associate on Saturday afternoons and Sundays, -during which time talking may be allowed, and games, such as chess and -draughts, may be played in the corridor. After remaining for three -months in this Grade, he will pass into the Intermediate Grade 'B,' -where he will be allowed to play games in the open air. - -5. After completing three months in Intermediate Grade 'B', inmates -should be eligible for the Probationary Grade, but no inmate will be -passed into the Probationary Grade except after formal consideration -of his case by the Institution Board. No inmate will pass out of the -Probationary Grade except on special certificate of the Institution -Board that he has profited by his training and can safely be trusted -with the liberties and privileges of the Special Grade. There will -be no automatic passage to the Special Grade, which will consist -only of those who have proved their fitness for consideration and -distinction, and in whose case a reasonable hope exists that they may -be fit subjects for conditional release. Release will be regulated by -Instruction No. 22. - -6. The Division under the leadership of the Tutor will be organized in -such a way that competition between Sections may stimulate a healthy -rivalry and competition, which can be proved in different ways, _e.g._ -by proficiency on parade, or by games in the open air, or by literary -or artistic competitions, or any other way that may be devised. The -object of this organization is to furnish means for dividing the -Establishment into separate sections and promoting healthy rivalry -between each, and to establish a close personal relation between the -head of the Division and every individual in it. - -7. The Penal Class will be separately located and clothed in ordinary -prison dress. They will be specially employed on hard manual or bodily -labour. Failing such employment on the land in any capacity, they will -be employed on the penal forms of labour already in existence, _i.e._, -grain-grinding or stonebreaking. - -8. In order to furnish a still further stimulus, a Star Special Grade -will be introduced. To this could be admitted lads who had shown -special proficiency as Captains of Companies or as Monitors in the -Halls. It is proposed to introduce gradually the monitorial system by -which lads would be placed in charge of sections both in the Halls -and on the Parade Ground, and at games. Specially proficient lads -might even supervise parties at labour, &c. Where this character and -proficiency is shown, promotion will be made to the Star Special Grade. -A distinctive article of dress will be worn, but these details will be -worked out by each Governor on the spot, after observing the general -operation of the System. - -9. Labour parties, and numbers assignable to each, will be strictly -and definitely prescribed. Selection will be made for instruction in -special trades, and for distribution of the remaining strength, as -shall be arranged by the Governor. - -It will be clearly understood that there will be no casual distribution -of labour in unauthorized parties. Every lad assigned to a definite -employment for due observation will be maintained in that employment -until specially removed, and will not be employed on any other. For -any incidental work which may become necessary, labour and staff will -be provided by special arrangement from one of the existing parties. -One of the principal complaints against the System has been that the -parties and officers have been constantly shifted. This will no longer -be the case. - -10. The Staff will be divided first of all into a main labour shift, -which will be on duty day after day with the inmates during labour -hours; and a domestic shift which will do duty from early morning till -mid-day, and from mid-day till the closing of the Institution. This -morning and evening duty will alternate from day to day. Appointments -to fill vacancies in the staff will be to the Domestic shift. While -serving in the Domestic shift they will be able to perform the duties -allotted to them and acquire a sufficient knowledge of the work and -objects of the Institution so as to enable them in time to pass into -the main labour shift. The Probationers thus selected for service -at Borstal Institutions will not pass through the Prison Officers' -Training School. They will be specially instructed as to their duties -on joining by the Governor, the Chaplain, the Medical Officer, and the -Tutors, but this will take the place of the ordinary training, and -they will be liable to report at the end of four months as to their -fitness for Borstal work, and again at the end of their twelve months' -probation. Great care will be taken not to pass for permanent service -in a Borstal Institution any officer who does not show a special zeal, -aptitude and interest for the duties entrusted to him. - -11. It has been decided that a change shall be made in the title of -Borstal Officers. They will be known as Borstal Officers simply. The -Governor will be assisted in his daily duties by the Tutors, whose -functions are detailed in paragraph 3. These Tutors (who will be -members of the Institution Board) will have the rank of Acting Deputy -Governor with all the powers of Deputy Governors and will be in charge -of the Establishment in the absence of the Governor. - -The head of the executive staff will be known as Chief of Staff, the -Principal Warders as "Principal Officers" and others as ordinary -"Officers", and they will wear Uniform different from that of a Prison -Warder. The Chief of Staff will be the medium of communication between -the Principal Officers and the Governor. The Chief of Staff will, of -course, have no power of adjudication, and every matter reported to -him by Principal Officers as heads of sections will be reported to the -Governor for such action as the Governor may order. - -12. The object of the system is to individualize, and this can only be -done with the cordial co-operation of the Tutors, whose time will be -devoted to the careful observation of each inmate coming within their -command. Subject, of course, to the general authority and supervision -of the Chaplain, the Tutors will, in addition to their other duties, -be responsible for the organisation of the Education of inmates in the -lower and higher stages. Elementary Education will, as a rule, be left -in the hands of the Schoolmasters, provided for this purpose, but the -Tutors will themselves superintend and conduct the Higher and Technical -Education in conformity with the Syllabus laid down. - -13. It is not necessary to fill in this sketch of the system to be -aimed at in greater detail. The problem of the best system to adopt -for the handling, treatment and the reclamation of these lads can -only be arrived at after much experience. Governors will have a free -hand in experimental work, and will at their respective Institutions -work out the system as best they can, with the co-operation of an -efficient staff. Details as to hours of duty etc. are matters which can -generally be arranged by discussion between the Governor and his staff. -Officers will understand that the Borstal System is a very peculiar -and difficult problem, and that the administration of it differs -essentially from that of ordinary prisons. They will, I feel sure, -co-operate heartily with any scheme which the Commissioners may decide -is necessary for the full efficiency of the system. - - E. RUGGLES-BRISE. - - - - -Instructions for carrying out the Regulations under the Prevention of -Crime Act, 1908. - - -MALES. - -1. All inmates on reception will be placed in the Ordinary Grade when -they will pass by Progressive Stages through a Probationary to a -Special Grade. - - -_Ordinary Grade._ - -2. An inmate will remain in the Ordinary Grade for at least three -months, and will be employed on domestic service. - -No Association at meals: no conversation. - -During this period he will be carefully observed by the whole staff as -to his character, mentality, and fitness for a special trade. - -One letter on reception. One letter and one visit (30 minutes), or -letter in lieu. - - -_Intermediate Grade "A"._ - -3. At least three months: placed in a trade suitable to his individual -taste and capacity. Meals in association. No games in evening. Games on -Saturday. Two letters and one visit (40 minutes) or letter in lieu. - - -_Intermediate Grade "B"._ - -4. At least three months: Games on Saturday out of doors. Weekly -newspapers. Two letters and two visits (40 minutes) or letters in lieu. - - -_Probationary Grade._ - -5. To be selected by the Institution Board. Meals in association. Games -in association in evening inside. Games in playing fields on Saturday -afternoon and evening if possible. Daily newspapers. One letter and one -visit (40 minutes) or letter in lieu every fortnight. - -6. To be selected by the Institution Board. May be employed without -supervision in Honour parties. Badge money may be earned by exemplary -conduct as follows:-- - - 5/- after 3 months - - 7/6 " 6 " - - 10/- " 9 " - - 10/- every 3 months after. - -The Badge money awarded every 3 months may be spent by inmates on -approved objects, or sent to their relations. A special room will be -provided as a club room for reading, writing, &c. One letter and one -visit (50 minutes) or letter in lieu every fortnight. - - -_Star Special Grade._ - -7. When an inmate in the Special Grade appears, after close -observation, to satisfy the Governor by his general demeanour and -efficiency, that he can be safely placed in a position of special -trust, he may be promoted to what will be known as the Star Special -Grade, and wear a distinctive dress. - -Such inmates may act as Monitors in different capacities, and may -be placed in authority over other inmates on parade or in the Halls -or common room, and other situations where they can assist the -administration in various capacities. - - -_Penal Class._ - -8. Where an inmate is believed to be exercising a bad influence, he -shall be placed by the Governor in the Penal Class, for such time as -the Governor considers necessary in the interest of the inmate himself, -or others. While in the Penal Class, an inmate will be employed in -separation on hard and laborious work, and will forfeit all privileges. -The Governor will record in his journal particulars of every case -ordered by him to be placed in the Penal Class, with the reasons for -the same, and stating the period during which an inmate is so retained. -The inmate will not be restored to the Special Grade without passing -through a period of probation in the Ordinary Grade, of such duration -as the Governor may determine. - - -_Education._ - -9. There will be a Board of Education, over which the Chaplain will -preside. It will be the authority to consider all questions connected -with the education of inmates, and will decide, as the result of -examination, into which Grade each inmate shall be placed on reception. - -10. The education of inmates will be classified as follows:-- - - (1) Elementary.--Such inmates as are found on reception not to have - profited sufficiently by the teaching received in Public Elementary - Schools to pass out of Grade III of the National Code. - - (2) Progressive.--Those who can pass out of that Stage, and are fit - subjects for higher Grades. - - (3) Technical.--Inmates engaged in the technical trade - -(1) Elementary Education.--The standard aimed at may be broadly defined -as follows, _viz_.:--"the ability to write a letter such as is needed -by a workman applying for employment, and such arithmetic as a workman -needs for the ordinary purpose of daily life, including checking his -wages." Such a Standard is practically represented by Grade III of the -National Code, _viz_.:-- - - WRITING:-- - Simple Spelling rules. - Simple Composition. - Reconstruction of easy stories. - Easy letter writing. - Dictation. - - ARITHMETIC:-- - 4 simple rules. - 4 compound rules (money & easy weights & measures). - Introduction to decimal system. - Simple fractions. - -All inmates not qualified to pass from that Grade shall receive -Education during the first three months of their sentence, at such -times and in such classes as the Board of Education, created by -Instruction 9, shall decide; and such period may be extended in any -special case where the Board is of opinion that it would be to the -advantage of an inmate that this should be done. - -Where an inmate obviously fails to profit by instruction, and there may -be reason to think that this may be due to physical or mental causes, -he will be specially examined by the Medical Officer, and such steps -will be taken on his report as may be deemed suitable to meet the -special circumstances of the case. - -(2) The Progressive Class will consist of all those inmates who have -passed through a period of Elementary instruction. Arrangements will -be made by the Board of Education for such inmates to attend Evening -School at such times, and for such objects as they may decide. - -(3) Technical Classes.--The syllabus will consist of Technical -Mathematics and Drawing, and though specially suited to inmates in the -Technical Trades, the subjects will form a basis for any lad desirous -of improving his knowledge on those lines. - -11. In addition to the times set apart for these respective Classes, -there will be a Silent Hour for private study, for which a period of -absolute silence for one hour daily will be introduced throughout the -Institution, during which time all inmates will be engaged in the study -of educational or trade matter. It is considered that organized private -study is the most satisfactory way of securing that inmates shall not -be locked in their rooms until late in the evening. - - The objects of the Silent Hour are:-- - -(1) To provide opportunity (a) for the working of tasks set by the -Schoolmasters; (b) for inmates to study their trade text books and -prepare notes from the same; - -(2) To occupy the minds of the inmates in a profitable manner. - -(3) To inculcate habits of studious application in order that the -benefits of mental concentration and self-control may become apparent. - -12. It will be seen that a great responsibility is incumbent on the -Education Board in arranging the details of Education on these lines. -It will be the duty of the Governor, acting on the advice of the -Chaplain and Tutors, to arrange the details of each Class, consistently -with the general needs of the Establishment and the convenience of -the staff; and it is only by a real and hearty co-operation between -all members of the educational staff that the object of the system -can be attained, _viz_.:--in the first place, to raise the ignorant -and illiterate to such a standard of education as will enable them -to compete with the ordinary conditions of life on discharge; and, -secondly, to furnish opportunity to write intelligent English, and to -rise not only to the higher educational grades, but to obtain special -technical knowledge in the particular trades to which their faculties -are applied. - -13. In addition to the ordinary educational curriculum, it will be the -duty of the Education Board, subject to the authority of the Governor, -to organize a regular system of Lectures or Addresses, on such -subjects as, in their opinion, are calculated to increase knowledge, to -widen outlook, and to inspire by example, _e.g._, readings from history -or biography. They may, in addition, organize Debating Societies, where -inmates can themselves take part in discussion on selected subjects. -It is considered that Debating Societies might be a great advantage to -the Institution. The advice of the Chaplain Inspector will always be -available for the organization of the conduct of such Societies. They -may also arrange for the formation of Singing or Choral Classes. - - -_Offences and punishments._ - -14. No punishment or privation of any kind shall be awarded to an -inmate by any officer of the institution except the Governor, or, in -his absence, the officer appointed to act for him. - -15. An inmate shall be guilty of an offence against the discipline of -the institution if he:-- - - (1) Disobeys any order or rule. - - (2) Treats an officer with disrespect. - - (3) Is idle or careless at work. - - (4) Is irreverent at Divine Service or Prayers. - - (5) Uses bad language, or threats. - - (6) Is indecent in language, act or gesture. - - (7) Strikes or behaves in a provoking way to another inmate. - - (8) Makes a disturbance by singing, whistling or shouting. - - (9) Does any damage. - - (10) Has in his room, or cubicle, or dormitory, or in his pockets or - clothes, anything he has not been given leave to have. Nothing found - on the works, or on the farm, may be picked up and kept. - - (11) Receives anything from any other inmate, or gives anything to any - inmate without leave. - - (12) Misbehaves himself in any other way. - -16. The Governor may examine any person touching any alleged offence -against the discipline of the institution, and determine thereupon and -punish the offence. - -17. In addition to the power vested in the Governor for ordering an -inmate to be placed in the Penal Class (Instruction 8), the above -offences may be punished by him in the following way:-- - - (1) In the deprivation of any privileges; or - - (2) In the manner prescribed by Prison Rules. - -18. If an inmate is charged with any serious or repeated offence for -which the punishment the Governor is authorized to inflict is deemed -insufficient, he shall be brought before the Visiting Committee, or -one of them, who, in addition to any power vested in the Governor, -may order, such punishment as is prescribed by Prison Pules; or, in -the exercise of their discretion, may report him to the Secretary of -State as incorrigible, or exercising a bad influence, with a view to -commutation to a sentence of imprisonment under Sec. 7 of the Act of -1908. - -19. While under No. 2 diet, the inmate will be employed in separation -on outdoor work, to be tasked with due regard to the dietary scale. - -20. If any inmate is charged with:-- - - (1) Mutiny or incitement to mutiny, - - (2) Gross personal violence to any officer or servant of the - Institution, - -the Visiting Committee have the power within the provisions of the -Prison Act, 1898, to order corporal punishment in addition to, or in -lieu of, their other powers of punishment. - -21. Dietary punishment shall not be inflicted on any inmate, nor shall -he be placed in close or separate confinement, nor shall corporal -punishment be inflicted, unless the Medical Officer has certified that -the inmate is in a fit condition of health to undergo the punishment. - - -_Release on licence._ - -22. Although in the ordinary course the Institution Board will -not bring forward for licence any inmate who has not attained the -Special Grade, yet cases will occur from time to time in which the -Institution Board, in the exercise of their discretion, may think an -earlier licence to be desirable. Such cases the Board may, and should, -recommend for licence at any time when they think it in the best -interests of the inmate to do so. - -23. The essence of the Borstal System is that conditional licence can -be granted when there is a reasonable probability that the offender -will, if licensed, abstain from crime; and although in most cases it -is likely that the test of promotion to the Special Grade will be the -best index of such probability, yet the Institution Board will bear -in mind the provisions of Section 5, Subsection (1) of the Prevention -of Crime Act, 1908, and can and will bring forward for licence any -inmate as soon as he appears to them to satisfy the conditions of that -Subsection. - - -_Application of Standing Orders for Local Prisons._ - -24. Officers and Inmates of Borstal Institutions shall be subject to -the Standing Orders for Local Prisons, except in so far as they are -inconsistent with the Regulations and Instructions made under the -Prevention of Crime Act, 1908. - - - - -TIME TABLE FOR MALES. - - - 5.40 a.m. Inmates rise. - 6.15 " Drill. - 6.45 " Inmates breakfast. - 7.30 " Chapel. - 8.0 " Labour. - 12 noon Inmates dinner. - 1.0 p.m. Labour. - 5.0 " Inmates tea. - 5.40 " Evening School, Silent hour and recreation. - 8.30 " Inmates locked up. - - - - -MEMORANDUM TO THE GOVERNOR, AYLESBURY BORSTAL INSTITUTION FOR FEMALES. - - -The object of the Borstal System being, as defined in Section 1(b) -of the Act of 1908, that those subject to it shall receive such -instruction and discipline as appears most conducive to their -reformation and to the repression of crime, the following methods will -be adopted for giving effect to it. Under Section 5(1) of the Act, a -female offender may be discharged by licence from a Borstal Institution -_after three months from the commencement of the term of detention_, if -the Commissioners are satisfied that there is a reasonable probability -that she will abstain from crime, and lead a useful and industrious -life. - - * * * * * - -The object of the following Instructions is to provide a test by which -the Authorities on the spot, _i.e._, the Governor and the Institution -Board, will be able to judge when an inmate can be licensed. It was -the intention of Parliament, in prescribing the minimum period of -three months in the case of females, to secure that they should be -given a chance of liberty after completing that period, subject to the -reasonable probability of their abstaining from crime, but experience -has shown that in the great majority of cases a much longer period -of detention is necessary to enable any real reformatory influence -to be exercised. The responsibility in this matter rests primarily -on the Institution Board, and it is only by the closest personal -observation of each case from the commencement of the sentence that a -true and just opinion may be formed as to the date on which a licence -may be properly and wisely granted. The key-note of the system is, -therefore, the "individualization" of the inmate. Inmates will be -interviewed regularly--those doing well encouraged; those doing badly -cautioned, and made clearly to understand that they will not be allowed -the privilege of the higher Grades until the Institution Board is -completely satisfied that they are doing their best in every way to -profit by the opportunities afforded. Each and all members of the -staff have a great trust confided to them, which is to raise the young -criminal, by personal influences and wise exhortation, to a due sense -of duties and responsibilities as a law-abiding citizen. The system -will rest primarily on good discipline, firmly but kindly administered. -In the obedience which follows from this is the beginning of moral -improvement. This being secured, the System admits a wide latitude -for trust and confidence in the later stages, whence will spring -the sense of honour and self-respect. When this sentiment has been -inculcated, the purpose of the Act may be said to be fulfilled, namely, -the reformation of the offender, and, incidentally, the repression of -crime, for if the criminal habit be arrested at the beginning, the -supply of criminals in the later stages of their career is effectively -stopped. - - E. RUGGLES-BRISE. - - - - -Instructions for carrying out the Regulations under the Prevention of -Crime Act, 1908. - -FEMALES. - - -1. All inmates on reception will be placed in the Ordinary Grade when -they will pass by Progressive Stages through a Probationary to a -Special Grade. - - -_Ordinary Grade._ - -2. Inmates in the Ordinary Grade will be specially located. They will -remain in the Grade for three months at least, being promoted to the -Intermediate Grade at the Governor's discretion. Inmates will undergo -physical training, and, subject to educational requirements, will work -in association during morning and afternoon, and in their rooms, in the -evening. - -When, in the opinion of the Governor, it is desirable, in the interests -of health, that an inmate on reception shall be employed for part of -the day on outdoor work on farm or garden, this may be arranged for -selected cases, in lieu of morning or afternoon labour. - -The Ordinary Grade will be the deterrent or punitive period of -detention, during which conversation except such as is incidental to -their daily routine duties, will not be allowed. - - -_Intermediate Grade._ - -3. Inmates will remain in the Grade for three months at least, being -promoted to the Probationary Grade at the discretion of the Institution -Board. They will be allowed an extra letter on promotion, associated -exercise and games at week-ends. - - -_Probationary Grade._ - -4. Inmates will remain in the Grade for six months at least. They will -be specially located and will be allowed meals in association and -conversational exercise and organised games at week-ends. When labour -ceases in the afternoon, they will be permitted to change clothes for -tea. Subject to educational requirements, classes, lectures, labour, -&c., they will be free for recreation either in a room with others, -or for the purpose of private work, study, &c., in their own rooms. -The rooms will be locked only at night. Arrangements will be made, if -practicable, to place inmates under Group Matrons in convenient groups. -Marching in parties to labour will cease. Each inmate will find her -own way to work, &c. at the appointed time. The Group Matron will be -responsible for seeing that the strictest punctuality is observed, and -that at a given signal every inmate is in her proper place. - -An inmate's conduct and industry will be closely observed during -this stage, and she will not be passed out of this Stage until the -Institution Board is fully satisfied that she is doing her best. When -the Institution Board are so satisfied, she shall be passed into the -Special Grade. - - -_The Special Grade._ - -5. On passing into the Special Grade, an inmate's case will be -specially considered for conditional licence. During the time that -has elapsed since reception, under the scheme detailed, it ought -to be possible for the Authorities on the spot to have formed an -opinion whether, or not, as prescribed by Section 5(1) of the Act, -there is a reasonable probability that an inmate will lead a useful -and industrious life if let out on licence. Cases, of course, differ -infinitely. The causes that led to the Borstal sentence may be deeply -ingrained, thus requiring a long period of reformatory training, -or they may be due more to circumstance than character, and if the -criminal habit or tendency is not deep seated, it is hoped that in -many cases, the period of twelve months' detention, under healthy -influences, will furnish sufficient guarantee that a criminal course -is not likely to be persisted in. In arriving at an opinion on this -point, the Institution Board will, of course, avail themselves to the -fullest extent of the services and experience of the representative of -the Borstal Association. Such representative will, if possible, be a -member of the Visiting Committee, and thus closely identified with the -history of each case from the commencement of sentence. Inquiries made -by the Borstal Association as to home surroundings, parental influence, -capacity for any special branch of work, will furnish the guide to the -authorities in their determination of each case. - -Inmates in the Special Grade will be specially located. Those not -considered eligible for licence will, on passing into the Special -Grade, be at once transferred to superior quarters, where they will be -kept distinct from the main body, under a distinct body of officers, -who will reside in quarters contiguous to such superior buildings. In -addition to the privileges enjoyed by the Probationary Grade inmates -in this Grade will have a special dress: their mess-room and dwelling -rooms will be supplied with superior crockery, and they will elect -their own mess president of each table or section. The reading of -newspapers will be allowed. - -Inmates may earn a good conduct stripe for every three months passed -with exemplary conduct, carrying 5s. gratuity for the first stripe, 7s, -6d. for the second stripe, and 10s. for each stripe thereafter, up to a -maximum of £2, half of which may be spent in purchase of articles for -their own use, _e.g._, material for private work, articles of clothing -&c. - -Inmates may, in addition to the privileges allowed in the Probationary -Grade, be allowed outside the walls on parole, or to go errands, or to -undertake work in the neighbourhood. - -Every ease in the Special Grade will be specially considered every -two months by the Institution Board, with a view to conditional -licence. The behaviour of inmates on parole will furnish the test of -trustworthiness, and by its appeal to higher instincts, on conduct or -behaviour, will strengthen the probability of successful liberation. A -careful study and individualization, therefore, of each inmate in state -of parole or semi-liberty, will furnish the necessary evidence for -determining her fitness for liberty. - - -_Star Special Grade._ - -6. When an inmate in the Special Grade appears, after close -observation, to satisfy the Governor, by her general demeanour and -efficiency, that she can be safely placed in a position of special -trust, she may be promoted to what will be known as the Star Special -Grade, or Honour Party, and wear a distinctive dress. - -Such inmates may act as Monitors in different capacities, be employed -in positions of trust in the Institution,--clerical work, library, -nursing &c.,--or they may be placed in authority over other inmates -or in situations where they can assist the administration in various -capacities. - - -_Penal Class._ - -7. The sanction of the System will be the Penal Class. This is an -administrative, not a judicial, weapon in the hands of the Governor, -and whose powers of degradation are unlimited. Strict separation in -rooms, and loss of privilege, will be a sufficient deterrent for the -unruly, combined with such ordinary punishment for occasional offences -as the rules admit. - -Where an inmate is believed to be exercising a bad influence, she shall -be placed by the Governor in the Penal Class, for such time as the -Governor considers necessary in the interest of the inmate herself, -or others. She will forfeit the privilege of letters and visits. The -Governor will record in the journal particulars of every case ordered -to be placed in the Penal Class, with the reasons for the same, and -stating the period during which an inmate is so retained. This record -will be placed before the Commissioner or Inspector at each visit. The -inmate will not be restored to a higher Grade without passing through -a period of probation in the Ordinary Grade of such duration as the -Governor may determine. - - -_Gratuity._ - -8. A sum of £1 will be paid to the Borstal Association for each inmate -released, for the purpose of providing assistance to inmates on -discharge. - - -_Letters & Visits._ - -9. An inmate will be allowed at the Governor's discretion to write and -receive letters and have visits as follows;-- - - In the Ordinary and Intermediate Grades--every six weeks. - In the Probationary Grade--every month. - In the Special Grade--Visits monthly; Letters fortnightly. - -Visits will be of 30 minutes' duration for the Ordinary and -Intermediate, and 40 minutes' for the Probationary and Special Grades, -with reasonable extension in any case at the discretion of the Governor. - - -_Education._ - -10. There will be a Board of Education, over which the Chaplain will -preside. It will be the authority to consider all questions connected -with the education of inmates, and will decide, as the result of -examination, into which Grade each inmate shall be placed on reception. - -11. The education of inmates will be classified as follows:-- - - (1) Elementary.--Such inmates as are found on reception not to have - profited sufficiently by the teaching received in Public Elementary - Schools to pass out of Grade III of the National Code. - - (2) Progressive.--Those who can pass out of that Stage, and are fit - subjects for higher Grades. - - (3) Technical.--Inmates who are being prepared for commercial or other - special pursuit. - -(1) Elementary Education.--The standard aimed at may be broadly defined -as follows, _viz_.:--"the ability to write a letter such as is needed -by a woman applying for employment, and such arithmetic as a woman -needs for the ordinary purpose of daily life, including checking her -wages." Such a Standard is practically represented by Grade III of the -National Code, _viz_.:-- - - WRITING:-- - Simple Spelling rules. - simple Composition. - Reconstruction of easy stories. - Easy letter writing. - Dictation. - - ARITHMETIC:-- - 4 simple rules. - 4 compound rules (money & easy weights & measures). - Introduction to decimal system. - Simple fractions. - -All inmates not qualified to pass from that Grade shall receive -Education during the first three months of their sentence, at such -times and in such classes as the Board of Education, created by -Instruction 10, shall decide; and such period may be extended in any -special case where the Board is of opinion that it would be to the -advantage of an inmate that this should be done. - -Where an inmate obviously fails to profit by instruction, and there may -be reason to think that this may be due to physical or mental causes, -she will be specially examined by the Medical Officer, and such steps -will be taken on his report as may be deemed suitable to meet the -special circumstances of the case. - -(2) The Progressive Class will consist of all those inmates who have -passed through a period of Elementary instruction. Arrangements will -be made by the Board of Education for such inmates to attend Evening -School at such times, and for such objects as they may decide. - -(3) Technical Classes.--These will be limited to those inmates who have -been specially selected for a career in which a knowledge of special -subjects is called for. - -12. In addition to the times set apart for these respective Classes, -there will be a Silent Hour for private study, for which a period of -absolute silence for one hour daily will be introduced throughout the -Institution, during which time all inmates will be engaged in the study -of educational or trade matter. It is considered that organized private -study is the most satisfactory way of securing that inmates shall not -be locked in their rooms until late in the evening. - - The objects of the Silent Hour are:-- - -(1) To provide opportunity (a) for the working of tasks set by the -Schoolmistresses; (b) for inmates to study their trade text books and -prepare notes from the same; - -(2) To occupy the minds of the inmates in a profitable manner; - -(3) To inculcate habits of studious application in order that the -benefits of mental concentration and self-control may become apparent. - -13. It will be seen that a great responsibility is incumbent on -the Education Board in arranging the details of Education on these -lines. It will be the duty of the Governor, acting on the advice of -the Chaplain and Schoolmistresses, to arrange the details of each -Class, consistently with the general needs of the Establishment and -the convenience of the staff; and it is only by a real and hearty -co-operation between all members of the educational staff that the -object of the system can be attained, _viz_.:--in the first place, to -raise the ignorant and illiterate to such a standard of education as -will enable them to compete with the ordinary conditions of life on -discharge; and, secondly, to furnish opportunity to write intelligent -English, and to rise not only to the higher educational grades, but -to obtain special knowledge in the particular careers to which their -faculties are applied. - -14. In addition to the ordinary educational curriculum, it will be the -duty of the Education Board, subject to the authority of the Governor, -to organize a regular system of Lectures or Addresses, on such subjects -as, in their opinion, are calculated to increase knowledge, to widen -outlook, and to inspire by example, _e.g._, readings from history or -biography. They may, in addition, organize Debating Societies, where -inmates can themselves take part in discussion on selected subjects. -It is considered that Debating Societies might be a great advantage to -the Institution. The advice of the Chaplain Inspector will always be -available for the organization of the conduct of such Societies. They -may also arrange for the formation of Singing or Choral Classes. - - -_Revoked Licences._ - -15. Inmates whose licences are revoked, if not removed to a special -Institution for such cases, will be placed in the Penal Class for one -month, and will work with their room doors open, and will be employed -at any suitable form of manual labour. After one month, they may, at -the discretion of the Governor, be placed in the Ordinary Grade, and -will be again removed to the Penal Class if he is satisfied that the -inmate is making no real effort to improve. Any such case will be -recorded in the Governor's Journal, to be laid before the Commissioner -or Inspector at each visit. If no signs of improvement are manifest, -the case will be submitted to the Visiting Committee for such action as -may be desirable under Section 7 of the Act of 1908. - - -_Industrial Training._ - -16. It is desirable that after a close observation of character -and capacity, a definite view should be taken as to the class of -training--industrial, domestic, clerical, or otherwise--for which an -inmate is best fitted, and that she should be specialized on this with -a view to her employment on discharge, but each inmate should, in the -first instance pass through a course of instruction in laundrywork, -housework, needle-work and cooking, as such a course must always be of -advantage, whatever the special employment to be followed on discharge -may eventually be. - -Farm and garden work, attending to poultry and cattle, will be a -special feature of the Establishment, and will require special -training, which will be provided. The various garden spaces will also -offer profitable employment and training under suitable instruction. -In any place where there are garden plots, they will be kept with -scrupulous care and neatness in all parts of the Establishment. -The grass will be kept closely mown, and flower beds placed in all -appropriate spots. Officers will be given the option of cultivating the -plots contiguous to their Quarters, but failing this, it will be the -duty of the inmates. - -Farm and garden work, though it can be assigned specifically as -training for a certain number of inmates, is rather a valuable -subsidiary employment, to be made use of largely on medical and -physiological grounds for girls requiring active labour in the open -air, or who are unsuitable for other forms of labour. For such -reasons, there would be no objection to employing girls in the Ordinary -Grade on such work for limited periods, or in the summer evenings in -lieu of labour in their rooms, always provided that girls in this Grade -work under disciplinary supervision, which will be the differentia of -this Grade. - - -_Punishments._ - -17. No punishment or privation of any kind shall be awarded to an -inmate by any officer of the institution except the Governor, or in his -absence, the officer appointed to act for him. - - -An inmate shall be guilty of an offence against the discipline of the -institution if she;-- - - (1) Disobeys any order or rule. - - (2) Treats an officer with disrespect. - - (3) Is idle or careless at work. - - (4) Is irreverent at Divine Service or Prayers. - - (5) Uses bad language or threats. - - (6) Is indecent in language, act or gesture. - - (7) Strikes or behaves in a provoking way to another inmate. - - (8) Makes a disturbance by singing, whistling or shouting. - - (9) Does any damage. - - (10) Has in her room, or cubicle, or dormitory, or in her pockets or - clothes, anything she has not been given leave to have. Nothing found - on the grounds, or on the farm, may be picked up and kept. - - (11) Receives anything from any other inmate, or gives anything to any - inmate without leave. - - (12) Misbehaves herself in any other way. - -The Governor may examine any person touching any alleged offence -against the discipline of the institution, and determine thereupon and -punish the offence. - -In addition to the power vested in the Governor for ordering an inmate -to be placed in the Penal Class, the above offences may be punished in -the following way:-- - - (1) By deprivation of any privilege, or - (2) In the manner prescribed by Prison Rules. - -If an inmate is charged with any serious or repeated offence for -which the punishment the Governor is authorized to inflict is deemed -insufficient, she shall be brought before the Visiting Committee, or -one of them, who, in addition to any power vested in the Governor, -may order such punishment as is prescribed by Prison Rules; or, in -the exercise of their discretion, may report her to the Secretary of -State as incorrigible, or exercising a bad influence, with a view to -commutation to a sentence of imprisonment under Section 7 of the Act of -1908. - -18. Officers and Inmates of Borstal Institutions shall be subject to -the Standing Orders for Local Prisons, except in so far as they are -inconsistent with the Regulations and Instructions made under the -Prevention of Crime Act, 1908. - - - - -TIME TABLE FOR FEMALES. - - - 6.0 a.m. Inmates rise. - 6.30 " Clean rooms, boots, &c. - 7.25 " Inmates breakfast. - 7.55 " Chapel. - 8.15 " Labour. - 12 noon Drill Exercise and inmates dinner. - 1.25 p.m. Labour. - 5.0 " Inmates tea. - 5.30 " Bible class, choir practice, singing class & bathing. - 6.0 " Silent hour. - 7.0 " Evening labour. - 8.0 " Recreation. - 9.30 " Lights out. - - - - -APPENDIX (b) - -RULES FOR PERSONS UNDERGOING PREVENTIVE DETENTION. - - -(1.) Persons undergoing Preventive Detention shall be divided into -three Grades, Ordinary, Special, and Disciplinary. On entering upon -Preventive Detention, they shall be placed in the Ordinary Grade. - -(2.) After every six months passed in the Ordinary Grade with exemplary -conduct a prisoner who has shown zeal and industry in the work assigned -to him may be awarded a certificate of industry and conduct. Four of -these certificates will entitle him to promotion to the Special Grade. -With each certificate a prisoner will receive a good conduct stripe -carrying privileges or a small money payment. - -(3.) A prisoner may be placed in the Disciplinary Grade by order of -the Governor as part of a punishment for misconduct, or because he is -known to be exercising a bad influence on others, and may be kept there -as long as may be necessary in the interests of himself and of others. -While in the Disciplinary Grade he may be employed in association if -his conduct justifies association, but he will not be associated with -others except at labour. - -(d.) Prisoners will be employed either at useful trades in which they -will be instructed, or at agricultural work, or in the service of the -Prison, and those in the Ordinary and Special Grades will be allowed to -earn gratuity by their work. They will be allowed to spend a portion -of their gratuity in the purchase of additions to their dietary, or -to send it to their families, or to accumulate it for use on their -discharge. - -(5.) A prisoner who is in Hospital, or medically unfit for full work -will, on the recommendation of the Medical Officer who will certify -that the disability was genuine and not caused by the prisoner's own -fault, be credited with gratuity in proportion to his earnings when in -health or calculated on his general disposition to work, coupled with -good conduct. - -(6.) A canteen will be opened in the Prison at which prisoners in the -Ordinary and Special Grades may purchase articles of food, and other -small articles at prices to be fixed by the Directors. The cost of -such articles will be charged against each prisoner's gratuity. The -privilege of purchasing articles in the canteen may at any time be -limited or withdrawn by the Governor. - -(7.) Prisoners who have obtained three certificates of industry, will -be eligible to have a garden allotment assigned to them which they may -cultivate at such times as may be prescribed. The produce of these -allotments will, if possible, be purchased for use in Prisons at market -rates, and the proceeds credited to the prisoner. - -(8.) Prisoners in the Ordinary Grade may be allowed to associate -at meal times and also, after gaining the second certificate, in -the evenings. Prisoners in the Special Grade may also be allowed to -associate at meal times and in the evenings, and shall be allowed such -additional relaxations of a literary and social character as may be -prescribed from time to time. - -(9.) Any of the privileges prescribed in these special rules or -gratuity earned may be forfeited for misconduct. A prisoner has no -legal claim upon his gratuity, which will be expended for his benefit, -or may be withheld at the discretion of the Society or person under -whose supervision he is placed. - -(10.) It will be the duty of the Chaplain and Prison Minister to see -each prisoner individually from time to time during his detention and -to promote the reformation of those under their spiritual charge. -Divine Service will be held weekly in the Prison, and there will be in -addition such Mission Services, lectures and addresses on religious, -moral and secular subjects as may be arranged. - -(11.) Prisoners shall receive the diets which the Directors may -prescribe from time to time. - -(12.) Prisoners will be allowed to write and receive a letter and to -receive a visit at fixed intervals according to their Grade. - -(13.) The Board of Visitors appointed by the Secretary of State under -Section 13 (4) of the Prevention of Crime Act, 1908, shall hold office -for three years. Their powers shall not be affected by vacancies. The -Secretary of State shall, as soon as possible, fill any vacancy by -making a new appointment. At their first meeting they shall appoint a -Chairman. One or more of them shall visit the Prison once a month, and -they shall meet as a Board as often as possible. They shall hear and -adjudicate on such offences on the part of prisoners as may be referred -to them by the Directors, and they shall investigate any complaint -which a prisoner may desire to make to them, and, if necessary, report -the same to the Directors with their opinion. They shall have free -access to every part of the Prison and may see any prisoner in private, -inspect the diets and examine any of the books. They shall bring any -abuses to the immediate notice of the Directors, and in cases of -urgency they may make recommendations in writing which the Governor -shall carry out pending the decision of the Directors. They shall -keep minutes of their proceedings, and make an annual report to the -Secretary of State at the beginning of each year. - -(14.) The Committee appointed under Section 14 (4) of the said Act -shall meet once a quarter, and shall forward to the Directors such -reports as may be required for their assistance in advising the -Secretary of State as to the prospects and probable behaviour of -prisoners after discharge. - -(15.) Any person whose licence has been revoked or forfeited may on his -return to Prison be placed and kept in the Disciplinary Grade for such -length of time as the Board of Visitors shall think necessary. - - - - -THE ENGLISH PRISON SYSTEM. - - - - -INDEX TO CHAPTERS - - - Aged convicts, 41 - - Ages of prisoners received on conviction, 221 - - Aid-on-discharge (see 'Borstal,' and 'Central' Associations and - Discharged Prisoners' Aid Societies), 164 - - Alcoholism and crime, 160, 211 - - America, visits to, 25, 62, 64, 91 - - Appeal, Court of Criminal, 21 - - Auburn and Philadelphian Systems, 24, 63 - - Australia, Transportation to, 27, 31 - - Aylesbury Borstal Institution, 118 - - - Baker, Dr., Inquiry at Pentonville as to young offenders, 86 - - Bedford, Adeline, Duchess of, 117 - - Bermuda, convicts at, 27 - - Birmingham, Discharged Prisoners' Aid Society, 166 - - Birmingham Juvenile Court, 102 - - Board, Prison--Constitution of, 18, 46 - - Borstal Association, 92, 95, 118, 182 - - Borstal Committees at Local Prisons, 96 - - Borstal System, 11, 85, 194, 214 - - " " and age of criminal majority, 87 - - " " its aims, 11, 83, 98 - - " " origin of name, 85, 92 - - " " early stages, 91 - - " " statutory effect given to, 94 - - " " since the Act of 1908, 94 - - " " and the Act of 1914, 100, 121 - - " " the "Modified", 96, 119, 127 - - " " for young women, 118 - - " " for young convicts, 41, 97, 118 - - " " regulations for, 231 - - " " remarks of Lord Chief Justice, 95 - - " " statistics of 'after-care', 95, 117, 119 - - " " labour of inmates, 141 - - Branthwaite, Dr., Inquiry into cases of inebriety, 160 - - - Camp Hill Prison, 52 - - _Cantine_ System, 165 - - Cells, Certification of, 64, 68 - - Census of convict population, 1901, 49 - - " prisoners fit for Hard Labour, 132 - - " " between the ages of 16 and 21, 85 - - Central Association for aid of discharged convicts, 54, 56, 174, 182 - - Central Control Board (Liquor Traffic), 225 - - Central Discharged Prisoners' Aid Society, 179 - - Centralization of authority, 69 - - Chaplains of Prisons, 5, 129 - - Children Act, 1908, 101 - - Classification (Convict) Inquiry of 1878, 37 - - " " present, 40 - - " " "Star" Class, 37, 40 - - " (Local) Under the Act of 1823, 62 - - " " " " 1877, 71 - - " " " " 1898, 78 - - " " " " 1914, 83 - - Cockburn, Lord Justice, 31, 89 - - Commission, Royal, 1863, 30, 34, 43 - - " " 1879, 37, 41 - - Commissioners of Prisons, The, 18 - - Committals to Prison since 1881, 219 - - Committee on Prisons, 1832 and 1836, 63 - - " " 1850, 65, 67 - - " " 1863, 67 - - " " 1895, Habitual criminals, 39 - - " " " separate confinement, 42 - - " " " Weakminded convicts, 42 - - " " " Local prisons, 75 - - " " " prisoners 16-21, 76, 86 - - " " " prison labour, 136 - - " " " and discharged prisoners, 76 - - Committees, Visiting &c., 32, 46, 53, 70, 123 - - "Conditional conviction", 107 - - Convict Prisons, 18, 131 - - Corporal Punishment, 34, 47, 70, 80 - - Correction, Houses of, 59 - - Courts, The Criminal, and their punishments, 19 - - Cranks and treadwheels, 67, 77, 134, 137 - - Crawford, Mr. W., Inspector of Prisons, 25, 62 - - Crime and its causes, 200 - - Crime, Prevention of, Act of 1908, 51, 82, 94 - - Crimes, Prevention of, Act of 1871, 36 - - Criminal Appeal, Court of, 21 - - "Criminal Diathesis,", 203 - - Criminal Justice Administration Act, 1914, 20, 82 - - " " " changes under, 82 - - " " " and Borstal System, 100, 121 - - " " " decrease in committals, 20, 224 - - Criminal, (clinical), laboratories, 195 - - Criminal Statistics, 1872 to 1914, 216 - - Criminal type, The, 203 - - Criminological Inquiry in English Prisons, 198 - - - Death penalty, The, 21 - - Death-rate in Prisons, 186 - - Debating classes in prisons, 8, 128 - - Defective children, 105 - - Defectiveness, mental, (See 'Mental') - - "Detention, Places of" for Juveniles, 102 - - Dietaries, Prison, 145, 188 - - Directors of Convict Prisons, The, 18 - - Discipline, Progressive Reformatory, and Sir J. Jebb, 29 - - Discharged Prisoners' Aid Societies, early history, 165 - - " " " " under Act of 1877, 167 - - " " " " Conference of 1878, 169 - - " " " " and co-ordination of effort, 15 - - " " " " scheme of 1896, 171 - - " " " " " 1913, 175 - - " " " " Central Committee of, 178 - - (See also "Borstal Association" and "Central Association") - - Dover Harbour, last Public Works, 13 - - Drunkenness, Habitual, (See also 'Alcoholism' and 'Inebriety'), 154 - - " " statistics of, 115, 225 - - Du Cane, Sir E., 71, 73, 75 - - - Earnings of prisoners, 138 - - Economy in administration, 73 - - Education in prisons, 6, 121 - - Elementary Education (Defective & Epileptic Children) Acts - 1899 & 1914, 105, 106 - - Elmira State Reformatory, 91 - - Employment of prisoners (See 'Labour') - - - Female prison population, statistics, 114, 223 - - " " " and recidivism, 115, 122 - - " convicts, 47 - - " prisoners in Preventive Detention, 58 - - " " superintendence by female staff, &c., 114, 122 - - " under the Borstal System, 118 - - Fines, committals in default of payment, 20, 224 - - " release on part-payment, 79, 82 - - " 'supervision' until payment, 82 - - First Division prisoners, 71, 78 - - - Gibraltar Prison, 27 - - Gloucester Refuge for discharged prisoners, 166 - - Goring, Dr. Chas. "A Criminological Inquiry", 198 - - Grant-Wison, Sir W., 92, 174 - - Gratuities, prisoners'--early convict system, 27 - - " high rate of, condemned, 31 - - " maximum earnable reduced to £3, 36 - - " English & continental systems, 165 - - " abolition of in Local Prisons, 175 - - " retained for certain classes, 180 - - - Habitual Criminals Act, 1869, 36 - - Habitual Inebriates (see 'Inebriety') - - Habitual Offenders Division, proposed, 39, 50 - - Hard Labour, definition of phrase, 60, 66, 134 - - " and Committee of 1863, 67 - - " and the cellular system, 66 - - " provisions of Act of 1865, 68,134 - - " " " 1877, 70 - - " present methods of enforcing, 77 - - " and the Act of 1914, 83 - - Heredity and environment, 209 - - Holloway Prison, 114 - - Hospital Staff of Prisons, 197 - - Howard, John, 23, 60, 62 - - Hulks, The, 26 - - - Indeterminate sentence, the, 55 - - Individualization of prisoners, 75, 93 - - Industrial labour in Prisons, 136 - - " prosperity and criminal statistics, 160 - - Inebriety, Committee of 1872, 154 - - " Act of 1879, 155 - - " Home Office Inquiry, 1892, 155 - - " Act of 1898, 155, 157 - - " Types of inmates in Certified Reformatories, 156 - - " Infrequent use of Act of 1898, 158 - - " Committee of 1908, 158, 162 - - " Mental state of inmates, 161 - - " Alcohol as a factor in crime, 160 - - " Analysis of 1,000 cases of, 160 - - (See also 'Drunkenness') - - Infectious disease in prisons, 186 - - Intermediate Class in Convict Prisons, 40 - - Irish System, The (1854), 30, 33 - - - Jebb, Sir Joshua, 29 - - Justices, Visiting, 70 - - Juvenile-Adult prisoners (see "Borstal") - - Juvenile Courts, 102 - - " Labour Bureaux and Exchanges, 106 - - " Offenders, commitment of, 101 - - " " statistics of committals, 220 - - - Labour, Prison, The Act of 1865, 68, 134 - - " " Recent changes, 138 - - " " Prior to Act of 1877, 131 - - " " and the inquiry of 1894, 136 - - " " revision of labour statistics, 137 - - " " increase in output, 139 - - " " Public Works, 26, 35, 131 - - " " Juvenile-Adults, 140 - - Labour, Prison, in Convict Prisons, 131 - - " " in Local Prisons, 133 - - " " during the Great War, 140 - - Lectures and addresses, 6, 128 - - Libraries, prison, 127 - - Licensing system for convicts, 34, 38, 54 - - Local Prisons, 18, 59 - - Lombroso, Professor, 199 - - London Prison Visitor's Association, 92 - - Long Sentence Division, 41 - - - Mark System, in Convict Prisons, 31, 34 - - " " in Local Prisons, 81 - - Mechanical tasks in Prisons, 68, 72, 137 - - Medical Officers of Prisons, 185 - - Mental defectiveness and crime co-operation between Justices - and Police, 16, 193 - - Mental defectiveness and inebriety, 161 - - " " duties of prison medical officers, 185 - - " " special prisons for cases of, 190 - - " " in prison, estimate of, 191, 207 - - " " The Mental Deficiency Act, 1913, 16, 105, 192, 215 - - " " Sir G. Newman, and prevention of, 196 - - " " Commission on Care and Control of - Feeble-minded, 190, 207 - - " " Dr. Goring's Inquiry, 207 - - Merxplas, Labour Colony at, 148 - - Metropolitan Asylums Board and Casual Wards, 151 - - Mettray Agricultural Colony, 90 - - Millbank Prison, 44, 62 - - Misdemeanants, First Class, 71, 78 - - Moral and religious influences in prisons, 8, 127 - - - National Society for Prevention of Crime, 15, 180 - - New South Wales, Transportation to, 24 - - New York, State Probation Commission, 113 - - 'Normal' and 'abnormal' man, 201 - - - Oakum-picking in prisons, 136 - - Offences against the law, 19 - - Officers of Prisons, 10, 197 - - - 'Panopticon' (J. Bentham), 62 - - Parkhurst Prison for young offenders, 88 - - Part-payment of fines, 79, 82 - - Patronage (See 'Discharged Prisoners' Aid Societies') - - Pearson, Professor Karl, 198 - - _Pécule_ System, 165 - - Penal Servitude: changes in System since 1894, 39 - - " " Act of 1853, 28 - - " " " 1857, 28 - - " " " 1864, 34 - - " " " 1891, 38, 39 - - " " " 1898, 46 - - " " decrease in committals, 38, 219, 230 - - " Reformatories for young offenders, 87 - - Pentonville Prison, 25, 26, 64, 65 - - Philadelphian and Auburn Systems, 24, 63 - - Philanthropic Association, 88 - - Physical criminal type, 203 - - Police Supervision, 20, 33 - - Population, prison-fall in (See also 'Statistics'), 46, 73, 114, 219, 223 - - Positive School of Criminology, 199 - - Prevention of Crimes Act, 1871, 36 - - Prevention of Crime Act, 1908, 51, 82, 94 - - Preventive Detention: the Advisory Committee, 54, 55 - - " " conditional release, 54 - - " " definition of, 49, 57 - - " " extension to penal servitude system, 14 - - " " objects of, 12, 51, 52 - - " " Memo, explanatory of Act of 1908, 51 - - " " 'parole' lines, 53 - - " " rules for, 53, 265 - - " " statistics of men discharged, 54 - - Prison Act 1778, 23, 24, 61 - - " " 1781, 61 - - " " 1823, 62 - - " " 1824, 25 - - " " 1835, 59, 66 - - " " 1839, 64 - - " " 1844, 66 - - " " 1865, 67, 134 - - " " 1877, 18, 69, 136 - - " " 1898, 46, 78 - - Prison Commission, The, 18 - - Prisons, &c. description of, 18, 60 - - Prisons Reform, meaning of, 1 - - " " in the future, 12 - - Probation, Act of 1887, and Summary Jurisdiction Act, 1879, 110 - - " " 1907, 21, 111 - - " New York State Probation Commission, 112 - - " indispensable to criminal justice, 113 - - " English and Foreign systems, 107 - - " national system of, 13 - - " statistics of, 111 - - Professional criminals, 49, 50 - - Progressive Stage System, 28, 34, 39 - - Punishments for prison offences (See also 'Corporal - Punishment'), 34, 47, 68, 70 - - Public Works, 26, 35, 131 - - - Recidivism, statistics of, &c., 115, 183, 221, 229 - - Recidivist class in convict prisons, 41, 57, 230 - - Reform, prison, 1 - - Reformatory Schools Act, 1854, 89 - - Remission of sentence, 38, 81 - - Reporting to police, 36, 38 - - Rules for the government of Prisons, 66, 67, 71, 78 - - - Sanitary condition of prisons, 186 - - Second Division prisoners, 38 - - Secondary Punishments, 36 - - Sentences to penal servitude, decrease in number, 38 - - " " " increase after Act of 1871, 36 - - " " " minimum term reduced, 31, 38 - - Separate Confinement--and Pentonville Prison, 25, 26, 64 - - " " Reports of Commissioners of Pentonville, 26, 64 - - " " History of, 42 - - " " present terms for convicts, 46 - - 'Separate' and 'Silent' Systems, 24, 63 - - Short sentences, 73, 83, 224 - - Silence, the law of, 7 - - 'Special' class of convicts, 40 - - Spike Island, 29 - - Staff of Prisons, 10, 197 - - Stages, Progressive, 28, 34, 39 - - 'Star' Class, 37, 40 - - State, transfer of prisons to, 18, 69, 71 - - Statistics, Criminal, Comparison of 1872-1914, 216 - - " showing committals of young offenders since 1848, 220 - - " prison, during the Great War, and since, 223 - - " " in times of industrial prosperity, 160, 226 - - " " decrease in recidivism, 183, 222, 229 - - Stipendiary Magistrates, 20 - - Stretton Colony for young offenders, 87 - - Study-leave for Medical Officers, 196 - - Study in prison, facilities for, 8 - - Summary Jurisdiction, Courts of, 20 - - Supervision of young offenders, 82 - - "Sursis," law of, 107, 112 - - Surveyor-General of Prisons, 66 - - - Talking in prisons, 7 - - "Temporary Refuge for distressed criminals", 165 - - Ticket-of-leave (See also 'Licensing'), 26, 28, 33 - - Transportation, history of, 23 - - _Travaux forces_ and Hard Labour, 30 - - Treadwheels and cranks, 67, 77, 134, 137 - - Triple Division of offenders in Local Prisons, 78 - - Tubercular disease in prisons, 187 - - - Uniformity of system, 66, 67, 69, 72 - - Unconvicted prisoners, 71, 194 - - - Vagrancy, early history of, 142 - - " the Act of 1824, 20, 142 - - " "Begging and Sleeping-out", 143 - - " and Labour Colonies, 148 - - " Colony at Merxplas, 148 - - " and Way-ticket system, 150 - - " and Casual Wards, 144, 151 - - " Committee of 1906, 147 - - " incorrigible rogues, 143 - - " Previous convictions and statistics, 149, 153, 222 - - Van Dieman's Land, 24, 27 - - Visitors, Boards of, 46 - - Visiting Committees of Prisons &c., 32, 53, 70, 123 - - - Wakefield Industrial Home, 166 - - War, criminal statistics and the, 223 - - " employment of prisoners, 140 - - " closing of prisons during, 227 - - Weakminded prisoners (See 'Mental Defectiveness') - - Whipping, 20 - - Works, Public, 26, 35, 131 - - - Young Offenders, alternatives to committal to prison, 101, 109 - - " " at Parkhurst, 88 - - " " decrease in commitments to prison, 220 - - " " concentration of effort upon, 76, 106 - - " " supervision until fine is paid, 82 - - " " under sixteen years of age, 20, 101 - - (See also under "Borstal" and "Juvenile") - - -Printed at His Majesty's Convict Prison Maidstone. - 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- border-right: solid 1px;} - .tda1 { vertical-align: top; - text-align: right;} -.pagenum { /* uncomment the next line for invisible page numbers */ - /* visibility: hidden; */ - position: absolute; - left: 92%; - font-size: smaller; - text-align: right; - font-style: normal; - font-weight: normal; - font-variant: normal; -} /* page numbers */ - -.linenum { - position: absolute; - top: auto; - left: 4%; -} /* poetry number */ - -.blockquot { - margin-left: 5%; - margin-right: 10%; -} - -.sidenote { - width: 20%; - padding-bottom: .5em; - padding-top: .5em; - padding-left: .5em; - padding-right: .5em; - margin-left: 1em; - float: right; - clear: right; - margin-top: 1em; - font-size: smaller; - color: black; - background: #eeeeee; - border: dashed 1px; -} - -.bb {border-bottom: solid 2px;} - -.bl {border-left: solid 2px;} - -.bt {border-top: solid 2px;} - -.br {border-right: solid 2px;} - -.bbox {border: solid 2px;} - -.center {text-align: center;} - -.right {text-align: right;} - -.smcap {font-variant: small-caps;} - -.u {text-decoration: underline;} - - - - - -.caption {text-align: center;} - - - - - - - -/* Footnotes */ -.footnotes {border: dashed 1px;} - -.footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} - -.footnote .label {position: absolute; right: 84%; text-align: right;} - -.fnanchor { - vertical-align: super; - font-size: .8em; - text-decoration: - none; -} - - - - -/* Transcriber's notes */ -.transnote {background-color: #E6E6FA; - color: black; - font-size:smaller; - padding:0.5em; - margin-bottom:5em; - font-family:sans-serif, serif; } - -@media handheld { - .hidehand {display: none; visibility: hidden;} -} - - - - </style> - </head> -<body> -<p style='text-align:center; font-size:1.2em; font-weight:bold'>The Project Gutenberg eBook of The English Prison System, by Evelyn Ruggles-Brise</p> -<div style='display:block; margin:1em 0'> -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online -at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you -are not located in the United States, you will have to check the laws of the -country where you are located before using this eBook. -</div> - -<p style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Title: The English Prison System</p> - <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Author: Evelyn Ruggles-Brise</p> -<p style='display:block; text-indent:0; margin:1em 0'>Release Date: August 29, 2021 [eBook #66174]</p> -<p style='display:block; text-indent:0; margin:1em 0'>Language: English</p> - <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em; text-align:left'>Produced by: Brian Coe, Graeme Mackreth, and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)</p> -<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK THE ENGLISH PRISON SYSTEM ***</div> - - - - - - - - - - - - -<p class="ph2">THE ENGLISH PRISON SYSTEM</p> - - - - - - - -<p class="ph5" style="margin-top:5em;">MACMILLAN AND CO., <span class="smcap">Limited</span></p> -<p class="ph6">LONDON . BOMBAY . CALCUTTA . MADRAS<br /> -MELBOURNE</p> - -<p class="ph5">THE MACMILLAN COMPANY</p> -<p class="ph6">NEW YORK . BOSTON . CHICAGO<br /> -DALLAS . SAN FRANCISCO</p> - -<p class="ph5">THE MACMILLAN CO. OF CANADA, <span class="smcap">Ltd.</span></p> -<p class="ph6">TORONTO</p> - - - - - - -<p class="ph2" style="margin-top: 10em;">THE</p> -<p class="ph1">ENGLISH PRISON<br /> -SYSTEM</p> - -<p class="ph5" style="margin-top: 5em;">BY</p> - -<p class="ph3"><span class="smcap">Sir Evelyn Ruggles-Brise</span>, <span class="smcap">K.C.B.</span></p> - -<p class="ph4">CHAIRMAN OF THE PRISON COMMISSION FOR<br /> -ENGLAND AND WALES</p> - -<p class="ph5">AND</p> - -<p class="ph4">PRESIDENT OF THE INTERNATIONAL PRISON COMMISSION</p> - - -<p class="ph5" style="margin-top: 10em;">MACMILLAN AND CO., LIMITED<br /> -ST. MARTIN'S STREET, LONDON</p> - -<p class="ph6">1921</p> - - - - - -<p class="ph6"><i>COPYRIGHT</i></p> - - - -<table summary="toc" width="80%"> -<tr><td colspan="3" align="center"><span class="u">LIST OF CHAPTERS.</span></td></tr> - - - -<tr><td colspan="3" align="right">PAGE.</td></tr> - -<tr><td></td><td>Preface</td> <td align="right"><a href="#Page_i">i</a></td></tr> - -<tr><td colspan="3" align="left">CHAPTER.</td></tr> - -<tr><td class="tda1">I.</td> <td><a href="#CHAPTER_I">The Meaning of Prison Reform</a></td> <td class="tdr"><a href="#Page_1">1</a></td></tr> - -<tr><td class="tda1">II.</td> <td><a href="#CHAPTER_II">The Prison Commission: Offences, and Punishments</a></td> <td class="tda1"><a href="#Page_18">18</a></td></tr> - -<tr><td class="tda1">III.</td> <td><a href="#CHAPTER_III">The History of Penal Servitude</a></td> <td class="tdr"><a href="#Page_23">23</a></td></tr> - -<tr><td class="tda1">IV.</td> <td><a href="#CHAPTER_IV">Penal Servitude to-day</a></td> <td class="tdr"><a href="#Page_39">39</a></td></tr> - -<tr><td class="tda1">V.</td> <td><a href="#CHAPTER_V">Preventive Detention</a></td> <td class="tdr"><a href="#Page_49">49</a></td></tr> - -<tr><td class="tda1">VI.</td> <td><a href="#CHAPTER_VI">Imprisonment</a></td> <td class="tdr"><a href="#Page_59">59</a></td></tr> - -<tr><td class="tda1">VII.</td> <td><a href="#CHAPTER_VII">The Inquiry of 1894: the Prison Act, 1898:<br /> and -the Criminal Justice Administration Act, 1914.</a></td> <td class="tdr"><a href="#Page_75">75</a></td></tr> - -<tr><td class="tda1">VIII.</td><td> <a href="#CHAPTER_VIII">The Borstal System</a></td> <td class="tdr"><a href="#Page_85">85</a></td></tr> - -<tr><td class="tda1">IX.</td> <td><a href="#CHAPTER_IX">The Handmaids of the Prison System—</a><br />(1) The -Children Act, 1898;<br /> (2) The Probation Act, -1907.</td> <td class="tdr"><a href="#Page_101">101</a></td></tr> - -<tr><td class="tda1">X.</td> <td><a href="#CHAPTER_X">Female Offenders</a></td> <td class="tdr"><a href="#Page_114">114</a></td></tr> - -<tr><td class="tda1">XI.</td> <td><a href="#CHAPTER_XI">Educative, Moral, and Religious Influences in -Prison</a></td> <td class="tdr"><a href="#Page_124">124</a></td></tr> - -<tr><td class="tda1">XII.</td><td> <a href="#CHAPTER_XII">Labour in English Prisons</a></td> <td class="tdr"><a href="#Page_131">131</a></td></tr> - -<tr><td class="tda1">XIII.</td> <td><a href="#CHAPTER_XIII">(1) Vagrancy; (2) Inebriety</a></td><td class="tdr"> <a href="#Page_142">142</a></td></tr> - -<tr><td class="tda1">XIV.</td> <td><a href="#CHAPTER_XIV">"Patronage" or Aid to Discharged Prisoners: -its effect on Recidivism</a></td> <td class="tdr"><a href="#Page_164">164</a></td></tr> - -<tr><td class="tda1">XV.</td> <td><a href="#CHAPTER_XV">The Medical Service</a></td> <td class="tdr"><a href="#Page_185">185</a></td></tr> - -<tr><td class="tda1">XVI.</td> <td><a href="#CHAPTER_XVI">A Criminological Inquiry in English Prisons</a></td> <td class="tdr"><a href="#Page_198">198</a></td></tr> - -<tr><td class="tda1">XVII.</td> <td><a href="#CHAPTER_XVII">(a) A Short Sketch of the Movement of Crime -since 1872:<br /> (b) The War, 1914-18.</a></td> <td class="tdr"><a href="#Page_216">216</a></td></tr> - -<tr><td></td><td>Appendix:—<a href="#APPENDIX_A">(a) Regulations &c., for Borstal -Institutions</a></td> <td class="tda1"><a href="#Page_231">231</a></td></tr> - -<tr><td></td><td> <a href="#APPENDIX_b">(b) Regulations for Preventive -Detention Prisons</a></td> <td class="tda1"><a href="#Page_265">265</a></td></tr> - -<tr><td></td><td><a href="#INDEX_TO_CHAPTERS">Index</a></td> <td class="tdr"><a href="#Page_268">268</a></td></tr> -</table> - - - - -<p class="ph2">CONTENTS.</p> - - -<table summary="toc" width= "85%"> -<tr><td colspan="2" align="right">PAGE.</td></tr> - -<tr><td>Preface</td> <td align="right">i</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_I">CHAPTER I.—THE MEANING OF "PRISON REFORM."</a></td> <td align="right"><a href="#Page_1">1</a></td></tr> - -<tr><td>"Prison Reform"—a phrase of many meanings. The aim of the -modern prison administration. The prison population. Influences -operating for "reform" in prisons—religious services, visitation, -education, lectures and addresses, summary of weekly news of the -world, &c. No 'law of silence' strictly so-called: talking exercise in -prisons, &c. Non-criminal persons committed under special legislation -during the war—the prison system not intended for such. Officers of -prisons and their power of influence for good. The special categories of -the Borstal lad, and the 'habitual offender' at Camp Hill. The three -directions along which 'prison reform' might proceed,—the organization -and development of Probation: the extension of the principle of -Preventive Detention to the Penal Servitude system: the co-ordination -of preventive efforts.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_II">CHAPTER. II.—THE PRISON COMMISSION: OFFENCES, AND PUNISHMENTS.</a></td> <td align="right"><a href="#Page_18">18</a></td></tr> - -<tr><td>Constitution of Prison Board. Establishments under control of Prison -Board. The criminal law and its a administration, punishments, &c. -Probation Act, 1907. Court of Criminal Appeal.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_III">CHAPTER III.—THE HISTORY OF PENAL SERVITUDE.</a></td> <td align="right"><a href="#Page_23">23</a></td></tr> - -<tr><td>History of Transportation. Pentonville Prison. Public Works. Penal -Servitude Act, 1857. Progressive Stage System. The Irish System. -Royal Commission, 1863. The Penal Servitude Act, 1864. Mark -System introduced. Habitual Criminals Act, 1869. Prevention of -Crimes Act, 1871. The Royal Commission, 1878. The Star Class. Fall -in convict population.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_IV">CHAPTER IV.—PENAL SERVITUDE TO-DAY.</a></td> <td align="right"><a href="#Page_39">39</a></td></tr> - -<tr><td>The Inquiry of 1894. Progressive Stage System recast. New classification -of 1905. Weakminded convicts. Separate Confinement, history -of. Changes in system under the Act of 1898. Corporal punishment. -Penal Servitude for Women.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_V">CHAPTER V.—PREVENTIVE DETENTION.</a></td> <td align="right"> <a href="#Page_49">49</a></td></tr> - -<tr><td>Definition of professional criminals. Proposed Habitual Offenders' -Division. The Act of 1908. Camp Hill Prison. Rules for treatment -of prisoners. Release on Licence. Statistics of Releases. The -Advisory Committee. The Intention of the System.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_VI">CHAPTER VI.—IMPRISONMENT.</a></td> <td align="right"><a href="#Page_59">59</a></td></tr> - -<tr><td>Houses of Correction. Local Prisons and their administration. The -phrase 'Hard Labour.' Howard and English Prisons. The Act of -1778 and separate confinement. Jeremy Bentham and the 'Panopticon.' -Classification under the Act of 1823. Mr. Crawford's visit to U.S.A. -Classification, the leading principle of reform. Inquiries of 1832 and -1836. Auburn and Philadelphian systems. The Act of 1839 and -separate confinement. The model prison at Pentonville. Local Prisons -and the control of Secretary of State. Surveyor-General appointed. -Separate Confinement and Hard Labour, and the objects of imprisonment. -Committee of 1850 and uniformity. Prison Act, 1865. Uniformity not -secured. Centralization of Prisons under Act of 1877. Powers of -Justices under. Classification and the objects and effect of Act of 1877.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_VII">CHAPTER VII.—THE INQUIRY OF 1894: THE PRISON ACT 1898: AND -THE CRIMINAL JUSTICE ADMINISTRATION ACT, 1914.</a></td> <td class="tdr" align="right"><a href="#Page_75">75</a></td></tr> - -<tr><td>Appointment of Committee and its report. Public opinion and the -treatment of crime. Subsequent reforms in system. Retirement of Sir -E. Du Cane and appointment of Sir E. Ruggles-Brise. Prison Rules -and Administration. Triple Division and individualisation of prisoners. -Part-payment of fines. Corporal punishment. Power to earn remission -of sentence. Gratuity and remission of sentence.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_VIII">CHAPTER VIII.—BORSTAL SYSTEM.</a></td> <td align="right"><a href="#Page_85">85</a></td></tr> - -<tr><td>Its Origin. Statistics of youths committed annually. The Committee -of 1894. The Colony at Stretton, 1815. "The Philanthropic Institution." -The Reformatory School Act, 1854. The Colony of Mettray. -The Age of 16 and criminal majority. Visit to the American State -Reformatory at Elmira. The London Prison Visitors' Association, and -first experiments at Borstal: the features of the early System. -Representation to Secretary of State. Statutory effect given to System -in 1908. The Institution for males and females to-day. "Modified -System" and Borstal Committee System in Convict Prisons. The -Borstal System, and its extension under the Criminal Justice Administration -Act, 1914.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_IX">CHAPTER IX.—THE HANDMAIDS OF THE PRISON SYSTEM.</a></td> <td align="right"><a href="#Page_101">101</a></td></tr> - -<tr><td align="center">(1) THE CHILDREN ACT, 1908.</td></tr> - -<tr><td align="center">(2) THE PROBATION ACT, 1907.</td></tr> - -<tr><td>(1) The Children Act, and age of criminal responsibility. Juvenile -Courts, statistics of. Physically and mentally defective children. -The Elementary Education (Defective and Epileptic Children) Acts, -1899 and 1914. Juvenile Employment Bureaux and Labour Exchanges. -The Elementary Education Act 1918. The Value of Voluntary personal -service directed to the young.</td></tr> - -<tr><td>(2) The Provisional Sentence abroad. The English law of Probation: -Extent of its application: the Law prior to 1907. Difficulties of comparison -of the various Systems. Probation in State of New York: -Direct control and supervision by the State.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_X">CHAPTER X.—FEMALE OFFENDERS.</a></td> <td align="right"><a href="#Page_114">114</a></td></tr> - -<tr><td>The fall in committals to prison. The heavy rate of Recidivism. -Formation of the Lady Visitors' Association, its duties, &c. The -Borstal System at Aylesbury, and the work of the Ladies' Committee -of the Borstal Association. The "Modified" Borstal System; Instructions -regulating the class; Extension of Borstal System under -Criminal Justice Administration Act, 1914. Female recidivism, and the -need for adoption of the principle of the reformatory sentence, and -the formation of a State Reformatory. Superintendence and control of -female prisoners by women.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_XI">CHAPTER XI.—EDUCATIVE, MORAL AND RELIGIOUS INFLUENCES -IN PRISON.</a></td> <td align="right"><a href="#Page_124">124</a></td></tr> - -<tr><td>Education in prisons before Education Act, 1870: comparative statistics -of degree of education of prisoners: large number of illiterate -prisoners: present system of education and teaching staff: prison -libraries, lectures, debates, missions: the work of Chaplains.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_XII">CHAPTER XII.—LABOUR IN ENGLISH PRISONS.</a></td> <td align="right"><a href="#Page_131">131</a></td></tr> - -<tr><td>Changes in system due to reduction of convicts. Less Public Works -labour. Competition with free labour. Contract system unknown in -English Prisons. Character of present work in Convict Prisons. -Medical census of convicts' fitness for work. The last Public Works, -Dover Harbour. Character of Convict Prison labour approximating -more to that of Local Prisons. Inquiry of 1863, and labour in Local -Prisons. 'Hard Labour' of two classes. The Prison Act, 1877. -Abolition of unproductive labour, and inquiry of 1894. Revision of -Labour Statistics. Improvement in output of manufacture since 1896. -Unskilled labour. Reorganization of female labour, 1911. Work for -Government Departments. Work during the War. The work of -Juvenile-Adult prisoners.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_XIII">CHAPTER XIII.—(1) VAGRANCY: (2) INEBRIETY.</a></td> <td align="right"><a href="#Page_142">142</a></td></tr> - -<tr><td>(1) Early history of Vagrancy legislation. The Act of 1824. Categories -of Vagrants. The casual pauper. Casual wards. Alleged attractiveness -of prison to workhouse: Commissioners' observations on. Committee of -1906 and need for uniformity in casual wards, &c. Merxplas Colony. -Labour Colonies and the Inquiry of 1903. Identification of habitual -vagrants. Treatment of Vagrancy abroad. Great fall in number -convicted of Vagrancy offences. The way ticket system. Casual Wards -of Metropolis and Metropolitan Asylums Board. High number of -convictions of vagrants. No plan yet adopted by State for dealing -with professional vagrancy.</td></tr> - -<tr><td>(2) Committee of 1872. Act of 1879. Inquiry of 1892. Principles of the -Act of 1898. Establishment of State Inebriate Reformatories. -Character of inmates. Control of State Reformatories. Commitments -under the Act. The working of the Act. Committee appointed in 1908 -to inquire into Inebriates and Probation. Causes operating against -wider use of powers under Act. Inebriety as a factor of crime. -Dr. Branthwaite's inquiry into a number of cases. Mental deficiency -obvious in many. Condemnation of short sentences of imprisonment. -Habitual inebriety and mental defectiveness. Report of Committee of -1908.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_XIV">CHAPTER XIV.—"PATRONAGE" OR AID TO DISCHARGED PRISONERS: -ITS EFFECT ON RECIDIVISM.</a></td> <td class="tdr" align="right"><a href="#Page_164">164</a></td></tr> - -<tr><td>Former system of aid to discharged convicts. Gratuity system -different from '<i>cantine</i>' or '<i>pécule</i>' system. Early history of aid -to local discharged prisoners. Provisions made by Acts of 1862 and -1865. System under Act of 1877. Inquiry of Committee of 1894 and -recommendations. Scheme of 1897. Formation of 'Central Association.' -Discontinuance of Convict Gratuity System. New scheme for aid of -Local prisoners, 1913. The Central Organization of Aid Societies; -Aid to wives and families of prisoners. Proposed National Society for -Prevention of Crime, and protection of the young offender. Aid on -discharge from Borstal Institutions and Preventive Detention Prisons.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_XV">CHAPTER XV.—THE MEDICAL SERVICE.</a></td> <td align="right"><a href="#Page_185">185</a></td></tr> - -<tr><td><i>Personnel</i> of the Medical Staff; duties. Sickness and low death rate in -Prisons. Prisons described as the best sanatoria in England. Infectious -disease. Venereal disease. Prison dietary. Insanity and mental -defectiveness, estimated rates of; the Mental Deficiency Act, 1913. The -'Birmingham' experiment for mental investigation of remand prisoners. -The Borstal System and physical development. The clinical laboratory; -"Study-leave" for Medical Officers. The nursing of sick prisoners.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_XVI">CHAPTER XVI.—A CRIMINOLOGICAL INQUIRY IN ENGLISH PRISONS.</a></td> <td align="right"><a href="#Page_198">198</a></td></tr> - -<tr><td>The nature of the inquiry. Professor Lombroso and the postulate of -the 'Positive' School. The Lombrosian doctrine founded upon observation -alone. The science of statistics: 'Normal' and 'abnormal' -man. The 'criminal diathesis:' The biometric method of Professor -Karl Pearson. Anthropometry and the existence of a criminal type. -Comparison of statistics of criminals and non-criminal public. Dr. -Goring's conclusion that there is no physical criminal type. 'Selective' -factors and the physique of criminals. No 'mental criminal type.' -Statistics of mental defectiveness. Defective physique and defective -intelligence in selection of criminals. Heredity and other environmental -factors. The relation between education and crime. Alcoholism. -Conclusions as to the causes of crime. The criminal a "defective" -man. His inability to live up to required social standard. The need -for individualization of punishment. The Mental Deficiency Act, 1913.</td></tr> - - -<tr><td align="center"><a href="#CHAPTER_XVII">CHAPTER XVII.—<br />(A) A SHORT SKETCH OF THE MOVEMENT OF CRIME -SINCE 1872:<br /> (B) THE WAR 1914-18.</a></td> <td class="tdr" align="right"><a href="#Page_216">216</a></td></tr> - -<tr><td>(<span class="smcap">A</span>) Classification of offences proceeded against in Criminal Courts. -Fall in serious crime since 1871. Decrease of non-indictable offences -of a criminal nature. Statistics of non-criminal offences. Prison -Population, statistics since 1881. Decrease in total number of sentences -to Penal Servitude. Great decrease in prisoners under 21 years -of age. Statistics of recidivism. Petty Recidivism and vagrants -and mentally defective persons in prisons.</td></tr> - -<tr><td>(<span class="smcap">B</span>) Prison statistics during the War: the effect of the Criminal Justice -Administration Act, 1914, and payment of fines. Statistics of the -decrease in various offences. The effect of the Central Control Board -(Liquor Traffic) and committals for Drunkenness. The great fall in -Vagrancy. Criminal statistics in times of industrial prosperity and -distress. Closing of penal institutions during the War. Statistics of -charges tried and proceeded against. The maintenance in the future -of the present low criminal population.</td></tr> - -<tr><td>Appendix:—</td></tr> - -<tr><td align="center"> <a href="#APPENDIX_A">(a) Regulations &c., for Borstal Institutions.</a></td> <td align="right"><a href="#Page_231">231</a></td></tr> -<tr><td align="center"><a href="#APPENDIX_b">(b) " " Preventive Detention Prisons.</a></td> <td align="right"><a href="#Page_265">265</a></td></tr> - -<tr><td><a href="#INDEX_TO_CHAPTERS">Index</a></td> <td align="right"><a href="#Page_268">268</a></td></tr> -</table> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_i" id="Page_i">[Pg i]</a></span></p> - - - - -<p class="ph2">PREFACE.</p> - - -<p>In October, 1910, I conveyed to the International Prison Congress at -Washington the invitation of the British Government to hold the next -Quinquennial Congress of 1915 in London. The invitation was accepted -with enthusiasm. The London Congress of 1872 had prepared the way for -the creation of the International Commission, which was founded a few -years later; but, though supported and encouraged by the Government -of the day, it owed its origin to American influence, notably that of -the celebrated Dr. Wines. Great Britain did not formally adhere to -the International Commission till 1895, when Mr. Asquith, then Home -Secretary, nominated the present writer as British Representative to -the Paris Congress of that year. Since that date, the Quinquennial -Congresses had been held at Brussels, Buda-Pesth, and Washington in -1900, 1905, and 1910, at all of which the British Government was -represented, the reports of the proceedings being duly submitted to -Parliament.</p> - -<p>The preliminary arrangements for the Congress in London in 1915 had -been carefully prepared by meetings of the Commission representing -the United Kingdom, the United States of America, Baden, Bavaria, -Belgium, Bulgaria, Canada, Denmark, France, Greece, Holland, Hungary, -Italy, Japan, Luxemburg, Norway, Russia, Servia, South Africa, -Spain, Sweden, and Switzerland. It was intended also to invite our -Dominions-over-Sea—India, and Egypt, to send special representatives. -These meetings were held in Paris in 1912, and in London in 1914, the -British Committee consisting of the Chairmen of the Prison Boards for -Scotland and Ireland (Lord<span class="pagenum"><a name="Page_ii" id="Page_ii">[Pg ii]</a></span> Polwarth, and Mr. Max Green), Sir Basil -Thomson, K.C.B., and Mr. A.J. Wall, O.B.E., the late and present -Secretaries of the English Board, and myself, as President of the -International Commission.</p> - -<p>But man only proposes, and the Great War intervened to prevent the -realization of those plans. It has, also, of course, for the time -being, arrested the development, and thwarted the purpose, of what -promised to be a great international movement for the discussion and -improvement of all methods affecting the punishment and treatment of -crime.</p> - -<p>It was for the purpose of the Congress of 1915 that I prepared this -short manual, in order that the history and leading features of the -English Prison System might be understood by our foreign visitors, and -especially its more notable developments of recent years, since England -joined the Congress in 1895.<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a></p> - -<p>I had been greatly impressed with the singular ignorance that existed, -both on the Continent and in the United States, of the character of -British penal methods.</p> - -<p>In my Report on the Brussels Congress, 1900, I wrote as follows:—</p> - -<blockquote> - -<p>"It is often asked, "What is the value of these Congresses?" It must -not be supposed that an Englishman, going to hear discussions on penal -subjects in a foreign country, where the laws, habits, and character -of the people are entirely different, is going to bring back new ideas -of Prison administration, which he will be able at once to apply, -with advantage, in his own country; nor must it be supposed that he -is going to carry with him instructions and opinions on these matters -which other nations will readily adopt. With a pardonable pride in -his national institutions, he is disposed to think that his Prison -system is the best in the world; but when he goes abroad he must not -be surprised to hear the same claim raised by other countries. He will -find that where the English system<span class="pagenum"><a name="Page_iii" id="Page_iii">[Pg iii]</a></span> is not known or is misunderstood, -it is but little appreciated. There is a general idea that our -punitive methods are harsh, if not barbarous. Legends circulate as to -the terrors of the "<i>fouet</i>," the ingenious torture of "<i>la roue</i>," -and the grinding tyranny of "<i>travaux forcés</i>." It is not surprising -that even an intelligent foreigner fails to grasp the distinction -between a sentence of "hard labour" and one of "penal servitude:" so -misleading are our terms. At the recent Congress, the Head of the -Russian Prisons asked me what is the minimum time for which a sentence -of "hard labour" could be imposed, thinking that it was something in -its duration and severity comparable to the "<i>katorga</i>" of his own -country. When I explained that it might be inflicted for one day only, -he turned to his Secretary with a smile, saying, "How little do we -understand the English system!" There is a minority, and I hope an -increasing one, who understand and appreciate the efforts that have -been made of late years to improve the conditions of the treatment of -crime in this country."</p></blockquote> - -<p>The comparatively few foreigners who had a personal acquaintance with -our Institutions did not conceal their admiration for the order, -method, discipline, and exactness which characterize our methods of -dealing with crime; but, generally speaking, these legendary ideas -prevailed.</p> - -<p>The shadow of transportation, of the dark days of penal servitude, and -of grievous floggings, hindered a true conception of English methods.</p> - -<p>I looked forward to the London Congress as the occasion to dispel these -illusions.</p> - -<p>A short historical retrospect will show that it is only in -comparatively modern times that '<i>Imprisonment</i>' became the recognized -method for the punishment of crime, and that prison reform, in the -sense of <i>moral</i> improvement by imprisonment was formulated as a -political duty, and became an earnest pre-occupation of statesmen and -philosophers. Prisons, as places of punishment, were unknown to ancient -Roman law. The '<i>carcer</i>' was known only as a place for 'holding' -prisoners, not for 'punishing' (<i>ad continendos, non ad puniendos -homines</i>), and the object of punishment was frankly held by Roman<span class="pagenum"><a name="Page_iv" id="Page_iv">[Pg iv]</a></span> -legists to be only that of deterrence by fear. The '<i>carcer</i>' is not -mentioned in the list of Roman penalties: death by hanging, by being -hurled from the Tarpeian rock, drowning in a sack; with exile, beating -with rods, &c., were the methods with which as schoolboys we were -familiar.</p> - -<p>In that dark period of penal law, based, as it was, on the ideas of -vengeance and intimidation alone, which lasted down to the French -Revolution, we find little, or no, reference to Imprisonment as the -punishment for crime. In the long list of punishments under the old -French Code we find '<i>réclusion perpetuelle</i>' as a punishment for women -and a substitute for the galleys and banishment. There is too '<i>la -prison perpetuelle</i>,' but this was not an organized system, but really -a euphemism for that mysterious disappearance of persons obnoxious to -the Crown or the State by '<i>lettres de cachet</i>,' or otherwise.</p> - -<p>The Declaration of the Rights of Man in 1789 marks the beginning of -the reaction against these ideas, and the substitution of an orderly -and methodical system of punishment. We find 'Imprisonment' formally -installed for the execution of offences against the law in the French -Code of 1791. At this time Mirabeau is said to have anticipated modern -penitentiary science by publishing a remarkable report, declaring -Prisons to be '<i>maisons d'amélioration</i>,' founded on the principle of -labour, separation, rewards under a 'mark' system, conditional licence, -and aid-on-discharge. We seem to be reading a modern treatise on -Prisons—a sudden gleam of light, bursting on an age darkened by the -shadow of much unutterable cruelty in the punishment of crime.</p> - -<p>But there were certain influences that had been silently operating -for some time before this, and leading men's minds to a juster and -truer conception of the purpose of punishment. Those influences were -both ecclesiastical and secular. The influence of the Church in the -middle ages has profoundly affected the modern idea of punishment. '<i>Le -système pénitentiaire</i>' is the direct heir of the '<i>pénitences</i>' of the -Church. In days when no distinction had yet been created between crime -and sin, these were the expiation of both. The public '<i>pénitence</i>' -effected<span class="pagenum"><a name="Page_v" id="Page_v">[Pg v]</a></span> both repentance and example, as a warning to others. The -private '<i>pénitence</i>' worked by 'solitude,' to the moral value of which -the early Church attached very great value—"<i>Quoties inter homines -fui, minus homo redii</i>" was the guiding maxim which separated the monk -from his fellow-man. 'Solitary confinement,' as we understand the -phrase, dates from the old '<i>Detrusio in Monasterium</i>' of Canonical law.</p> - -<p>But while religious custom had rendered familiar the idea of -deprivation of liberty as a means of effecting both repentance and -expiation, the influence of the French philosophers and encyclopædists -of the eighteenth century had destroyed the claims of the State to -deprive a person of liberty by arbitrary process for indefinite -periods, or for any period beyond that warranted by the strict -necessity of the case. The famous treatise of Beccaria in the middle of -the same century further determined the reaction against all arbitrary, -unjust, and cruel penalties. He was the first of the utilitarians; -every punishment which did not arise from actual necessity of social -defence, was, to him and his school, tyrannical and superfluous. Its -object was not to torment or afflict a sensitive human being beyond -the strict limit of social utility. His propositions have become -commonplaces now; but they were new in the age when they were written, -and probably no work has exercised a greater influence in the domain of -penal law.</p> - -<p>It is true that, irrespective of the influence of the Church, and -of the writings of philosophers, isolated experiments in the way of -prison reform had been made in different parts of Europe during the -seventeenth and eighteenth centuries. Some of these anticipated in a -remarkable way the principles in vogue to-day.</p> - -<p>The Protestants of Amsterdam in 1593 built a prison for women, which -had for its object their moral reform by work and religious influences. -There are records of similar establishments in Germany and Hanseatic -towns. In 1703, Clement XI. built the famous Prison, St. Michel, for -young prisoners, and, later in the century, Villain XIV. built the -celebrated cellular prison at Gand, which excited the admiration of our -own Howard.</p> - -<p><span class="pagenum"><a name="Page_vi" id="Page_vi">[Pg vi]</a></span></p> - -<p>It was the immortal Howard who first stirred public opinion in England -to consider the question of prison reform. As Burke finely said of him -"He surveyed all Europe, not to view the sumptuousness of palaces, but -to survey the mansions of sorrow and of pain: to collect the distresses -of men in all countries. The plan was original, and full of genius as -of humanity. It was a voyage of discovery."</p> - -<p>The names of Howard and Bentham will always stand in the forefront of -those who in those dark days tried to enlist public sympathy for the -prisoner and captive,—the former by his keen humanity, protesting -against the abuses and barbarisms which he found to exist at home and -abroad: the latter, as utilitarian and economist, devising a new system -to secure, firstly, a rational system of legal punishment for the -offence committed, and, secondly, a rational system of treatment while -in prison after commitment.</p> - -<p>To the casual student of English Prison history, Bentham is known -chiefly as the author of the somewhat whimsical scheme known as the -'Panopticon'—a structural device for securing, in the first place, the -safe custody of prisoners and economy of administration. Because he -said boldly that he rejected sentiment in his construction of a Prison -System, his influence has been sometimes regarded as hostile to the -reformatory idea which was beginning to gain ground in Europe; but in -rejecting sentiment, he, at the same time, admitted that, controlled -by reason, it was a useful monitor, and, indeed, it is the great merit -of Bentham that, in an age when there was grave need of adjustment of -the essential factors of punishment, he worked for a compromise between -a too great pre-occupation with its moral purpose, and a too severe -insistence on its penal and terrifying effect. Though in vigorous -language he preached the gospel of 'grinding rogues honest,' it was -part of his plan to educate, to classify, to make methodical provision -for discharge, and, lastly, he may be said to be the founder of the -modern school of criminology in laying stress on the absolute necessity -of preventing crime by discovering and combating its causes.</p> - -<p>But Bentham was in advance of his age in these matters,<span class="pagenum"><a name="Page_vii" id="Page_vii">[Pg vii]</a></span> though his -writings exercised a considerable influence in France, where jurists -were busy preparing the Penal Code of the First Empire. History, by -the pen of Professor Lecky, has severely condemned the statesmen of -that period for their callous indifference to all questions relating -to the treatment of crime and of prisoners. He says: "England, which -stood so high among the nations of the world in political, industrial, -and intellectual eminence, ranked in this matter shamefully below -the average of the Continent." There was, in fact, no penal system, -strictly so-called. It was simply a policy of '<i>débarras</i>,' under which -all offenders against the law were shipped to the Colonies; young -and old, grave and petty offenders were all banished under a rough -and ready scheme of Transportation, (as explained in my Chapter on -the history of Penal Servitude). So long as this System lasted—from -1787 to 1845—the modern problems, which are involved in keeping -our prisoners at home, did not occupy the public mind. This apathy -and callousness was not due entirely to the sense of security which -Transportation gave by the practical elimination from the body politic -of persons presumed dangerous to the State: it was due also to the want -of imagination, which is the parent of cruelty. For this, the absence -of any system of National Education must be held responsible. It was -not until imagination was quickened by the great religious revivals, -by the gradually increasing power of the Press—(the champion of all -forms of unnoticed suffering) and by the spread of education among -the masses, that Philanthropy, in its modern garb, the Inquisitor -of prisons and of the dark places of the world, came down to the -earth, and demanded that all those cruelties which were associated -with English penal law should cease, and that it should no longer be -possible to say with Sir S. Romilly (1817) that "the laws of England -were written in blood." <i>Excidat illa dies ævo nec cetera credant -secula.</i></p> - -<p>But dawn was breaking, and the impulse that was to compel attention to -'<i>la question pénitentiaire</i>' came from the other side of the Atlantic.</p> - -<p>I have shown, in tracing the history of imprisonment for short -sentences (Local Prisons) in this country, how paramount was the -influence of America in the first half<span class="pagenum"><a name="Page_viii" id="Page_viii">[Pg viii]</a></span> of the last century. The -echo of the controversy between those who upheld the Auburn and the -Philadelphian Systems—the Cellular and Associated plans—respectively, -still lingers. In America, the movement which determined the reform of -Prisons was essentially religious. It was the old idea of '<i>Pénitence</i>' -borrowed from the Canonical Law, which there, as in Europe, dominated -the minds of men who regarded a sentence of the law as the instrument -for bringing back the mind of the offender, by solitude and meditation, -to remorse for the sinful act, and amendment for the future. The prison -cell, as with the monks of old, was the method of redemption—"<i>cella -continuata dulcessit</i>." If by its positive effect the cell worked -redemption of the soul, its negative result was claimed to be equally -efficacious in preventing contamination by means of segregation. -Pressed severely to its logical conclusion, cellular seclusion became a -refinement of cruelty, while, on the other hand, promiscuity, resulting -from unregulated association, was admitted in this, as in other -countries, to be the nursery of crime. From that day, the course of -Prison Reform has been in the direction of finding a compromise between -these two opposite principles; an effort to reconcile the deterrent -effect of punishment with the object of so improving the mind and body -of a prisoner that he shall leave Prison a better and not a worse man. -Because it is a more inspiring and a nobler task to reform a man by -punishment, than to use punishment merely as the means of retribution -by exacting from him the expiation of his offence by a dull, soulless, -and a monotonous servitude, public sentiment, in all its zeal for the -rehabilitation of the offender, is apt to overlook the primary and -fundamental purpose of punishment, which, say what we will, must remain -in its essence retributory and deterrent.</p> - -<p>It is a curious and interesting fact that a dispute between two -neighbouring States in America as to the best plan to follow in dealing -with offenders—whether it was better to keep them in their cells -day and night, or during the night only, should have determined for -England, France, and other parts of Europe the method of imprisonment -to be adopted, <i>viz</i>:—the Cellular System. The System found favour -in Europe, as in America, for<span class="pagenum"><a name="Page_ix" id="Page_ix">[Pg ix]</a></span> its moral or religious value; in -other words, the <i>reform</i> of the prisoner from this date takes its -place deliberately as one of the essential factors of punishment, -side by side with retribution and deterrence. As I have said, it -was essentially a religious movement, but to the success of the -propaganda, which elevated the cellular system almost to a fetish, -there were contributing causes of a more practical nature,-the -admitted evils of unregulated association, the urgent need of a new -method of construction, the greater security of prisoners, and the -economy of administration, resulting from the employment of a smaller -staff for supervision. These latter considerations soon became the -principal pre-occupation of those engaged in prison administration. -For many years following the triumph of the cellular system, the -originally dominating idea of moral reform, as the principal purpose -of punishment, seemed to be lost sight of in a hurried rush, both in -England and on the Continent, to build new prisons on the cellular -plan, to improve their sanitary conditions, to regulate dietary, to -organize labour, and generally to concentrate on the economic, rather -than on the moral, improvement of those suffering imprisonment.</p> - -<p>The writings of De Tocqueville and Beaumont, the delegates sent out by -France to study the cellular plan in America, had a wide influence in -restraining that excessive zeal for aiming at the moral or religious -reform of prisoners, which had inspired the Quakers of Pennsylvania in -their crusade against the abuses of the old system. The words of De -Tocqueville are worth quoting, as they called back the minds of men -at a time when such a warning was greatly needed, to a just and wise -appreciation of the function and purpose of punishment, and corrected -a tendency which is always asserting itself, to exaggerate the -necessity for moral and spiritual reform, at the expense of the other -essential attributes of punishment. He says, "I say it boldly: if the -penitentiary system has no other purpose than reform, the lawgiver must -abandon the system, not because it is not admirable, but because it -is too rarely attained. The moral reform of the individual is a great -thing for the religious man, but not for the statesman: a political -institution does not exist for the individual, but for the mass. Moral -reform<span class="pagenum"><a name="Page_x" id="Page_x">[Pg x]</a></span> is then only an accident of the system. Its value is in the -habit of order, work, separation, education, obedience to inflexible -rule. These have a profound moral value. If a man is not made honest, -he contracts honest habits: he was a useless person, he now knows how -to work: if he is not more virtuous, he is at least more reasonable: he -has the morality of self-interest, if not of honour."</p> - -<p>MM. De Tocqueville and Beaumont had been commissioned by the French -Government in 1831 to visit the United States, and to report on the -comparative advantages of the Auburn and Pennsylvania systems. They -were followed in 1837 by M. Demetz, the famous founder of the Colony -of Mettray. It was due to the influence of these men, aided by the -writings of MM. Lucas and Bérenger in France, and of Ducpetiaux in -Belgium, that a remarkable impulse was given in Western Europe to the -adoption of the cellular system. Two International Congresses were held -at Frankfort in 1846, which declared in favour of the separate system. -It was to this period of keen interest in the question of prison reform -that in England we owe the model prison at Pentonville, 1842, the -Prison of Louvain in Belgium, and a large number of cellular prisons -built in France, Switzerland, Prussia, Sweden, Norway and Denmark. We -have here the beginning of the later International movement, which -afterwards found expression in the International Prison Commission-a -formal body of experts nominated by most of the leading States of the -World, whose periodical meetings in different centres since the London -Congress of 1872 are recognized as a great civilizing influence in -all that relates to the treatment of prisoners, the construction of -Prisons, and the revision of penal law.</p> - -<p>It may be stated broadly that to France and America must be given -the credit for the impulse and energy which lit and kept alive the -torch of prison reform during those years of the last century, say -1830-70, when, by reason of dynastic changes on the Continent, and -political struggles at home, the flame might have been obscured, or -even extinguished. Although, in many countries, as in our own, eminent -men and women, whose names will always live, had even from the middle -of the eighteenth century, inspired by a lofty humanity, raised<span class="pagenum"><a name="Page_xi" id="Page_xi">[Pg xi]</a></span> their -voices in protest against the callous indifference which tolerated -much cruelty and barbarity in the system of punishments, yet, the -main impulse came, on the one hand, from the religious zeal of the -Pennsylvanian Quakers who tried to utilize deprivation of liberty, by -means of imprisonment, as an instrument for effecting the spiritual -regeneration of the offender; on the other, from the political zeal for -the rights of man—even the reversionary rights of the prisoner,—which -dominated French thought, under the influence of the encyclopædists. -These currents, reacting on each other, determined the course of -public opinion in the direction of regarding a good, just, and humane -prison system as the index of a progressive civilization. It was the -combination of these two influences in concrete, which, just fifty -years ago, inaugurated what may be called the 'modern system.' The -famous Commission of enquiry into the state of Prisons, appointed by -the National Assembly in France in 1871, and with which the names of -d'Haussonville, Bérenger, and Félix Voisin will always be honourably -connected, was followed immediately by the mission to Europe of -Dr. Wines, the Secretary of the Prison Association of New York. To -his energies we owe the London Congress of 1872, the parent of the -International Prison Commission, established on a secure and lasting -basis a few years later. In 1877, was founded in Paris the <i>Société -Générale des Prisons</i>—the French Academy of penal science—a body of -men distinguished in law, medicine, science, and philanthropy, who -have consistently since that day, through their Journal, '<i>La Révue -Pénitentiaire</i>'—a monthly publication,—informed and educated public -opinion throughout the civilized world on all questions relating to the -treatment, and, notably, the prevention of crime.</p> - -<p>The first International Congresses—known generally as 'Prison' -Congresses, were concerned more with 'Prison' than with penal law, -with visits to penal establishments, and with comparisons of Prison -systems. The <i>régime pénitentiaire</i> was the principal pre-occupation, -but the subjects of discussion soon outgrew the original limits. The -sphere of inquiry gradually broadened. The prison régime is only the -expression of the penal law, which itself again is only the expression -of the public sentiment or opinion, which is the final arbiter in -deciding the methods<span class="pagenum"><a name="Page_xii" id="Page_xii">[Pg xii]</a></span> to be followed in maintaining the rights of the -community against those who threaten its peace and security. Succeeding -Congresses, therefore, as was to be anticipated, composed, as they -were, not only of Prison officials and experts in prison management, -but of persons from all countries, distinguished in law, medicine, and -science, claimed for themselves a larger field and a more ambitious -title. <i>La 'Science' pénitentiaire</i> is declared to be the new scope -and title of the work. It is an all-embracing phrase, and, from the -necessities of the case, of ambiguous meaning. It includes both -practical knowledge of administration, and the knowledge by which -Science, in its strict sense, can inform and instruct in dealing -with the problem of crime, and of criminal man. To these must be -added Social Science, and all implied by that wide term. The reaction -that became manifest at the close of the last century was against -what is called the "classical" conception of crime and punishment. -Professor G. Vidal, the eminent author of 'Droit Criminel et la science -pénitentiaire' has shown how rigid and mechanical, under the influence -of the French penal code, the administration of criminal justice had -become. The accused was simply a '<i>type abstrait</i>' a "<i>mannequin -vivant sur lequel le juge colle un numéro du code pénal</i>." A reaction -against this abstract conception of crime came in the early 'eighties -from a school of Criminologists known as the Italian School, of which -the chief was Lombroso. Theories of the <i>criminel-né</i>—i.e., a human -being fore-doomed to crime by atavistic propensity, and distinguishable -physical stigmata, or '<i>tares physiologiques</i>'—created considerable -sensation at the time, and it cannot be denied that, though refuted by -later enquiry, they exercised a profound influence in Europe, and gave -a direct impulse to the scientific study of the <i>causes</i> predisposing -to criminal acts. This study has since become the principal -pre-occupation in all countries of those interested in what, by a -misnomer, is spoken of generally as Prison Reform. The phrase remains, -but it refers no longer to questions concerning the construction and -management of prisons, the comparative merits of the cellular or -associated plan, forms and methods of prison industries, staff and -discipline.<span class="pagenum"><a name="Page_xiii" id="Page_xiii">[Pg xiii]</a></span> The Prison Reformer of to-day has adopted from Continental -writers a phrase, which is at once the motto and the principle of -his faith. '<i>L'individualization de la peine</i>' sums up concisely the -new tendency. This phrase aptly expresses the efforts now being made -throughout the civilized world to grapple with the problem: not by -dealing with prisoners as 'abstract types,' or in the mass, by imposing -hard and fast regulations to be adopted for one and all irrespective of -individuality, but to deal with each case on its merits: to note its -peculiarities, and above all things, by 'preventive' measures to avert -an otherwise certain gravitation towards crime.</p> - -<p>In the working out of this problem, the International Commission is -a sort of 'League of Nations,' ever striving by the invention of new -Preventive measures, not so much to improve the habitation, custody, -and treatment of offenders who are committed to prison, but to prevent -them from arriving at that stage where commitment to prison becomes -necessary, for long or short periods, in the interests of the security -and protection of the community.</p> - -<p>The aid of science is more and more invoked, and it is with reason and -good purpose that the International movement professes to be a movement -for the discovery and propagation of '<i>la science pénitentiaire</i>.' Of -all the sciences invoked in the cause of prison reform, medical science -is assuming more and more a preponderating <i>rôle</i> in the domain of -criminal justice. The mysterious laws of 'psychiatry'—a word of common -use and application in all discussions in the problem of crime,—now -engage, especially in the United States, a keen and close attention. -The 'psychical laboratory' is, in many States, a necessary appanage of -a penal institution. In theory, the knowledge of the mental state of -a person committing an offence is a condition precedent to a correct -assessment of guilt. Such investigation includes not only the diagnosis -by scientific test of mental state, but of all those pathological -conditions resulting, perhaps, from physical or external causes, -hereditary or otherwise, which may be held to attenuate responsibility -for any given act. The psychical laboratory as a system in aid of -justice assumes, of course, a normal or reasonable being, and to such -a<span class="pagenum"><a name="Page_xiv" id="Page_xiv">[Pg xiv]</a></span> being alone can full responsibility be attached. It is obvious to -what extravagance such a system can be pushed, but the underlying -principle is sound, and a perfect prison system, based on science, -would adapt its treatment to a far greater degree than at present to -the varying categories of offenders, who, under the old classical -system, which recognized only the uniform and abstract type of crime -and criminal, would be consigned equally to the one abstract and -uniform type of penalty—the prison cell.</p> - -<p>But it is not only medical science which claims this preponderating -<i>rôle</i>. If the Lombrosian School erred in asserting the predominant -influence of what was called the 'physio-psychical' conditions of -crime: if the right to punish man be based not on the character of the -crime, but on the constitution of the criminal, the doctor would usurp -the function of the judge, and the bankruptcy of the old penal system -would be complete. It was in protest against this extravagant assertion -of the claims of medical and mental science (medico-légale expertise) -that a succession of Congresses was held on the Continent in the latter -part of the last century (<i>Congrès International d'anthropologie -et sociologie</i>), at the last of which—the Congress of Geneva, -1896—the English Government was represented. The general result of -the discussions that took place was to reject the Lombrosian idea of -the physical or constitutional causes of crime, and to assert the -importance of '<i>milieu</i>' (nurture and environment) as the predisposing -factor in anti-social conduct,—in the words of Dr. Lacassagne, -Professor of Legal Medicine at Lyon—words which sum up tersely the -familiar view that crime is entirely the result of social conditions, -'<i>le milieu social est le bouillon de culture de la criminalité, le -microbe c'est le criminel</i>.'</p> - -<p>The relative part played by inherited propensity and social environment -remains to-day the leading subject of controversy with those interested -in the philosophical aspect of crime. England has contributed its -share to this controversy in the remarkable work of Dr. Goring "The -Study of the English Convict," of which I have given a brief account -in the Chapter "A Criminological<span class="pagenum"><a name="Page_xv" id="Page_xv">[Pg xv]</a></span> Inquiry in English Prisons." His -early death has robbed penal science of a brilliant and earnest votary; -but his work will always remain as the first attempt to analyze the -causes of crime by strictly scientific method. An abridged edition of -his work has lately been published, with an Introduction by Professor -Karl Pearson, under whose auspices and guidance it was compiled at -the Biometric Laboratory of the London University. An Introduction by -Professor Pearson not only marks the great scientific value of this -attempt to probe the causes of crime, but gives a just and merited -appreciation of a singular effort by a very remarkable man to test the -observations and experience that came to him as a Medical Officer of -Prisons by the latest methods of scientific investigation.</p> - -<p>On the Continent of Europe there has been proceeding since 1869 an -attempt to reconcile the extreme views of the Italian School as to the -predestination by atavistic or innate disposition to criminal acts -with the theory that the causes of crime are to be sought exclusively -in social condition. In that year, was founded <i>l'Union Internationale -de droit pénal</i>, of which the most distinguished founders were three -Professors of Law—Van Hamel, Prins, and Von Liszt, Professors of Law -at the Universities of Antwerp, Belgium, and Berlin, respectively. -Since that date, Congresses have been held at Brussels, Berne, -Christiania, Lisbon and Buda-Pesth. The object of this School, -while admitting the value of experimentation by anthropological and -sociological study and research, was to encourage preventive work, so -that the occasion of crime might be anticipated, be it that of social -circumstance which induced the predisposition to the anti-social -act (the occasional criminal), or the psycho-physiological state -which, unless discovered and checked in the beginning by appropriate -preventive handling, medicinal or institutional, is likely to become -the parent of conduct dangerous to the community (the habitual -criminal). The two factors, external and internal, often co-exist, -and the difficulty of the problem must be intensified by their -co-existence. It is, therefore, only by the 'individualization of -punishment' i.e., by a careful, and<span class="pagenum"><a name="Page_xvi" id="Page_xvi">[Pg xvi]</a></span> exact, and scientific system of -preventive diagnosis that a true and correct assessment of criminal -responsibility can be attained. This is the modern system—the point -to which the long road of penal device, theory, and invention leads. -The problem is scientific and social. To deal with it effectively we -require not only what science can disclose in the sphere of mental -diagnosis, and therapeutics (psychiatry), but what the improvement of -social condition can effect in raising the standard of life.</p> - -<p>It may not occur to those who observe casually, and perhaps carelessly, -the phenomenon of crime to what an extent it depends on, and can -be explained by, strictly social conditions. What is summarized by -criminologists under the title of '<i>l'hygiène préventive</i>' comprises -all those social and political reforms which make up the 'Social -Programme,' which is engaging the attention of our statesmen to-day. -Better housing and lighting, the control of the Liquor Traffic, cheap -food, fair wages, insurance, even village Clubs, and Boy Scouts, in -fact, all the special and political problems in vogue to-day—all react -directly on the state of crime. The great War—terrible and hard school -of experience though it has been—has given us the great object lesson -of what new conditions of life, resulting notably from the control of -the Liquor Trade and facility of employment, can effect. A century of -legislation directed to the changes of the penal code, or the methods -of punishment, would not effect what social legislation, induced by -the War, and affecting the daily habit and living of the people, has -revealed during the last five years,—the numbers coming to prison -reduced 75 per cent! 71 per 100,000 committed to prison in 1918, as -against 369 in 1913: the committals for Drunkenness reduced from 70,000 -to 2,000: the almost complete disappearance of Vagrancy—a reduction -from 24,000 to 1,200—the "<i>plaie sociale</i>"—the despair and the -problem of the prison and social reformer.</p> - -<p>By recapitulating shortly in this Preface the history of punishment in -its successive phases since the question of Prison Reform first began -to occupy the minds of statesmen and philanthropists in the middle of -the eighteenth<span class="pagenum"><a name="Page_xvii" id="Page_xvii">[Pg xvii]</a></span> century, I have endeavoured to make it clear to those -who, in the future, will be responsible for the law and practice of -Prisons, the direction in which progress lies. Given firm, thoughtful, -humane administration in all that concerns the actual custody of -all offenders of both sexes of the various categories, given a wise -classification and treatment according to age, sex, and nature of -the offence—the future lies in Preventive Science; on the one hand, -medical science, strictly so-called, which shall, by diagnosis and -therapeutics of the mental and physical state, <i>in early age before -it is too late</i>, correct and restrain by suitable preventive means, -institutional or otherwise, the tendency to anti-social conduct; and -on the other, social or political science, which, by raising the -standard of life among the masses, will re-constitute the '<i>milieu</i>' -whence vice and misery spring. Let not the reproach again be made by -an English historian that "England falls shamefully below the level -of foreign countries" in this great matter. If foreign countries -rightly admire the method, discipline, firmness, and impartiality of -our penal system, let them also recognize that we are not behindhand -in what Preventive Science has to teach in the domain of medicine, -law, and social hygiene. While firmly maintaining the system of human -rights unimpaired, and while not failing in the protection of the -State from any attack made on that system by persons, individually -or collectively, let us exhaust every means for saving the potential -offender from succumbing inevitably, in the absence of prophylactic -methods, to the temptations to commit anti-social acts, which from -causes mental, physical, or social he is unable to resist. This is -the meaning of the 'individualization of punishment'—it is quite -consistent with a firm administration of penal justice, but it destroys -for ever the old classical idea of the 'abstract type of criminal.' In -other words, justice demands that the old formula of 'Imprisonment with -or without hard labour' indiscriminately applied, shall no longer be -held to satisfy all her claims.</p> - -<p>The reaction against this so-called '<i>dosimétrie pénale</i>' i.e., -the abstract conception of crime and the mechanical application of -punishment 'according to code' is a growing<span class="pagenum"><a name="Page_xviii" id="Page_xviii">[Pg xviii]</a></span> force. It is marked -in the United States of America by the universal adoption of the -'Indeterminate sentence,' and on the Continent of Europe by various -degrees for conditional conviction and liberation which find their -place in the latest penal codes. In England and America, Probation: -in France and Belgium, the '<i>sursis à l'exécution de la peine</i>'—all -mark the reluctance to resort to fixed penalties when Justice can be -satisfied by other means. England, I believe, stands alone in its -adoption of the system of Preventive Detention—one of the most notable -reforms of recent years for dealing with the Habitual Criminal. The -success of the system, so far as it has gone, goes far to justify -belief in the virtue of Indetermination of sentence. Public opinion -may not be ripe for this yet, as applied to ordinary crime, but the -principle which the system of Preventive Detention illustrates, -<i>viz</i>:—the careful observation of the history, character, and -prospects on discharge by an Advisory Committee on the spot, with a -view to the grant of conditional freedom, furnishes in a different -sphere an interesting example of the value of 'individualization.' The -strict condition of release is that a man places himself under the -care and supervision <i>not of the Police</i>, but of a State Association, -organized and subsidized by the Government, but entirely controlled -by a body of unofficial workers, who keep him under strict but kindly -supervision, provide him with employment and lodgings, but unfailingly -report him to the Authorities if he fails to observe any one of the -conditions on which freedom has been granted. The singular success of -this system applied to the worst and most inveterate criminals, each -of whom has been found by a Jury to belong to the habitual criminal -class, has naturally induced the opinion which is gaining ground, -that similar methods might, with advantage, be used in dealing with -the ordinary penal servitude population, and be substituted for the -old ticket-of-leave system, under which remission of sentence can be -earned by a more or less mechanical observance of prison rules, on the -condition that the unexpired portion of the sentence is passed under -Police Supervision. It is possible that comparison of the two systems -may engage<span class="pagenum"><a name="Page_xix" id="Page_xix">[Pg xix]</a></span> public attention in the future, when interest in prison -reform, obscured and diminished by the greater problems which the war -has created, again asserts itself.</p> - -<p>I have shown in the Chapter on Discharged Prisoners the -indispensability of a good system of 'Patronage' or aid-on-discharge. -Much has been done in this respect in recent years. The action of the -Government in 1911 in recognizing the supreme importance of regulating -the discharge of persons from penal servitude by the establishment of -a State Association for this purpose, was a great step forward. To the -Central Association for the aid of discharged convicts, then created, -may be attributed a large and an honourable share in that remarkable -decrease of recidivism which prison statistics illustrate, and to which -reference is made in my Chapter on "Patronage, or Aid-on-discharge." It -is also a remarkable example of the value of a co-operation by which -the resources of the State, and the enthusiasm and <i>freedom of action</i> -possessed by a voluntary association, can contribute to the diminution -of crime.</p> - -<p>The retrospective study of crime in this country since the London -Congress, 1872 (Chapter XVII.), must suggest many reflections, both -concerning its treatment in the past, and its prospect for the future. -If we eliminate the period of War, 1914-18, the special conditions of -which I have already referred to, the broad deduction may be made that -so long as the classical conception of punishment remained, i.e., the -mechanical application of the letter of the law to an abstract type -of offender, no great impression was being made either in the number -or character of offences. Statistics varied from year to year under -the influence of special circumstances; but the great stage army of -offenders in all the categories continued its unbroken array, with a -monotonous regularity, and it seemed almost a mockery to talk of social -progress, when, in the background was the silent, ceaseless tramp of -this multitude of men, women, and children, finding no rest but behind -prison walls, and only issuing thence to re-enter again.</p> - -<p>In Chapter VII. (The Inquiry of 1894), I have shown how the public -conscience awoke at the end of the last<span class="pagenum"><a name="Page_xx" id="Page_xx">[Pg xx]</a></span> century. It declared in a -voice that could be heard that a determined effort must be made to -grapple with this problem, and in two ways in particular, (a) It -asserted the new policy of <i>Prevention</i>, <i>not</i> Prevention in the sense -of the old penal servitude Acts, by which a criminal was prevented -after a series of offences by strict supervision of Police from -repeating his crimes, but Prevention which would strike at the sources -of crime, by cutting off the supply <i>by concentration of effort on -the young offender</i>; and (b) by the organization of such a system of -Patronage, or Aid-on-discharge, that no prisoner could say with truth -that he had fallen again from want of a helping hand. Prevention, in -this sense, has been the watch-word of the Prison System since that -time, and its effect is distinctly traceable in the statistics of crime -since the beginning of the century.</p> - -<p>Enough has been said to show that the future of crime is with the -statesmen and men of science. The prison administrator plays only -a small and obscure executive part—but from his experience and -observation of the causes that make for crime, he may be able to denote -the direction in which its gradual solution may be found. A quarter of -a century spent by the Author in directing the prison administration of -this country is his excuse for offering his humble contribution to this -absorbing and all-important theme—</p> - -<p> -<span style="margin-left: 0.5em;">"Enough if something from our hands gives power</span><br /> -<span style="margin-left: 0.5em;">To live, and act, and serve the future hour."</span><br /> -</p> - -<p> -<span style="margin-left: 35%;">E.R.B.</span><br /> -</p> - -<blockquote> - -<p><span class="smcap">December, 1920.</span></p></blockquote> - - - - - -<div class="footnotes"><p class="ph3">FOOTNOTES:</p> - -<div class="footnote"> - -<p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> Although the greater part of this work was prepared in -1915, where it has been possible, the statistics furnished are of a -more recent date.</p></div></div> - - - - -<p class="ph2">THE ENGLISH PRISON SYSTEM.</p> - - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_1" id="Page_1">[Pg 1]</a></span></p> - -<p class="ph2"><a name="CHAPTER_I" id="CHAPTER_I">CHAPTER I.</a></p> - -<p class="center">THE MEANING OF<br /> - -"PRISON REFORM."</p> - - -<p>"Prison Reform" is a phrase of many meanings. It is used indifferently -by the publicist who is seeking a correct definition of the function -of punishment: by the utilitarian who doubts if the official system of -administration is fulfilling its State purpose: by the humanitarian -whose pity is stirred by the inevitable austerity of a system, -inflexibly applied to all who suffer deprivation of liberty, and whose -mechanical operation might, in their opinion, be relaxed relatively to -the vastly different mental and physical states of all the categories -of human beings coming, in one way or another, within the domain of the -criminal law.</p> - -<p>All agree that the System should be, as far as possible, 'Reformatory,' -but many are tempted to overlook that it must be also, if punishment -is to have any meaning, coercive, as restraining liberty; deterrent, -as an example; and retributory, in the sense of enforcing a penalty -for an offence. When Plato said that the object of punishment is to -"make an offender good," he did not intentionally underestimate the -'retributory' theory of punishment. He only meant that, in the language -of modern philosophy,<span class="pagenum"><a name="Page_2" id="Page_2">[Pg 2]</a></span> we must respect the reversionary rights of -humanity, and while inflicting punishment for an anti-social act, must -not lose sight of the duty of restoring, if possible, the offender to -society as a better man or woman. As stated by the Committee of 1894, -we must not regard him or her as "a hopeless and worthless element -of the community." It must be admitted that chastisement by pain -(<i>i.e.</i> temporary deprivation of liberty and all that that implies) -appeals only to the lower nature, but it is effective in suggesting -the consciousness of what the system of human rights means—the system -which is maintained by a strong collective determination that it shall -not be violated with impunity. This is commonly called 'retribution,' -but it has nothing to do with vindictiveness or private vengeance. -Society without such a collective determination to resent and punish -anti-social acts would be a welter of anarchy and disorder. Let us not -then be tempted in the goodness of our hearts, and in the strength of -our human pity and sympathy, to overlook the necessary foundation of -punishment, which is the assertion of the system of rights by pain -or penalty—not pain in its physical sense, but pain that comes from -degradation and the loss of self-respect.</p> - -<p>There is some confusion in the everyday use of the phrases 'Prison -Reform' and 'Penal Reform'. Formerly, 'Prison Reform' meant the -structural reform of prisons, sanitation, order, cleanliness. To-day, -it means the reform of the "prisoner" by improved methods of influence -and treatment while in prison. 'Penal Reform' means strictly the -reform of penal law, or of the system of punishment—a question of -State policy, with which Parliament and the Judiciary are primarily -concerned. These are, of course, greatly influenced by public sentiment -and opinion. It is a difficult, complex, and subtle problem, for -the solution of which we require legal knowledge, administrative -experience, and a nice judgment of the temper of the community, and -of the balance which should be kept between the just, and even stern, -maintenance of the system of public rights and the rights of the -individual human being, which must always be respected, even under -chastisement. 'Prison Reform' is<span class="pagenum"><a name="Page_3" id="Page_3">[Pg 3]</a></span> not a theory of punishment: it is an -incident of it: it is a question how far we can assert the rights of -the State without unnecessary, or excessive, or unprofitable moral and -physical damage to the individual.</p> - -<p>Of physical damage we need not speak, for it must, I think, be conceded -that the medical care of prisoners in this country is as exact, and -patient, and considerate, as can be secured by an able, humane, and -untiring medical staff.</p> - -<p>With moral damage it is different. The most sanguine would hardly -expect that, even with the most approved methods, the '<i>flétrissure</i>' -of punishment can be entirely avoided: the blow to pride and -self-respect, and of the respect of one's fellow creatures, must -constitute a damage which, if not irreparable, must be heavy and -even lasting. A humane administration will try and mitigate this -inevitable incident of all punishment. Its first and primary function -must be, of course, to secure obedience, discipline, order, and the -habit of industry. These things alone have a great moral value. -Many cruelties have been enacted in the past in the name of prison -discipline—solitude, darkness, chains, floggings, tread wheels and -cranks, even until a comparatively recent period, were regarded as -the essential accessories of punishment. In studying the history of -punishment, we cannot fail to be struck by the singular inventiveness -of the human mind in designing forms of suffering for those who -broke the law—crucifixion, mutilation, stoning, drowning, torture. -It was not until the folly of unprofitable and cruel punishment had -been illustrated, as in this country, by its failure to correct, or -prevent, or until the certainty of punishment was recognized as the -real deterrent for crime, that the penal system was rationalized, and -by a slow process, due to a progressive widening of the circle of -humanity, to what M. Tarde describes as "<i>la propagation ambiante des -exemples</i>," the civilized races of the world laid down the sharp and -cruel instruments by which alone it had been believed that society -could be avenged, and justice secured. It came slowly to be recognized, -not only as a religious, but as a political truth, that the worst -criminal possessed 'reversionary rights of humanity,' and<span class="pagenum"><a name="Page_4" id="Page_4">[Pg 4]</a></span> that it was -only by respecting these that there existed the chance, and the hope, -that a man might be reformed by punishment, and not thrown back again -into the world with only one burning desire to avenge himself for the -cruelties which society had indicted upon him. This is the meaning of -the Platonic maxim that the purpose of punishment is "to make men good."</p> - -<p>How do we try and 'make prisoners good in English Prisons'? Admitting -the necessity for strict regulation to secure order, discipline, and -obedience, what are the Reformatory influences in English Prisons? -Let us first consider the nature and character of the population to -whom these influences are to be applied. True, that they are all human -beings, with 'reversionary rights of humanity'; but what an infinite -variety of mental and physical states: what an infinite degree of -will-power, of self-conciousness, and of self-control, of capacity -to realize and to understand. Let us regard them as a College or -University of persons of all ages, sexes, and dispositions, and let -us not forget that this '<i>corpus</i>' on which our reforming influences -are to be brought to bear is, for the time being, not subject to -all the impulses, stimuli, hopes, rewards and temptations to which -persons in free life are subject. It was well and truly said by the -Home Secretary (Mr. Churchill) in the House of Commons, in 1910, "the -mood and temper of the public with regard to the treatment of crime -and criminals is one of the most unfailing tests of the civilization -of any country. A calm, dispassionate recognition of the rights of -the accused, and even of the convicted, criminal against the State—a -constant heart-searching by all charged with the duty of punishment—a -desire and eagerness to rehabilitate in the world of industry those who -have paid their due in the hard coinage of punishment: tireless efforts -towards the discovery of curative and regenerative processes: unfailing -faith that there is a treasure, if you can only find it, in the heart -of every man. These are the symbols, which, in the treatment of crime -and criminal, mark and measure the stored-up strength of a nation, and -are sign and proof of the living virtue in it." There could not be -better words than<span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span> these to inscribe as a phylactery on the brow of -every prison administration throughout the world. They are, indeed, the -test of civilization. Do our works in this country correspond to this -profession of faith?</p> - -<p>Of what does this '<i>corpus</i>' consist? In the year before the war there -were, in round figures, 90,000 males and 32,000 females sent to prison -for periods of less than 6 months: about 7,000 of both sexes sent for -long periods over 6 months: about 1,000 sent to penal servitude: and -about 6,000 Juvenile-Adults came within the jurisdiction of the Prison -authority, either in Borstal Institutions or ordinary prisons. Of -these, the percentage of recidivism in Convict Prisons was no less than -87% for males and 70% for females. Of those sentenced to imprisonment, -63% of the males, and 79% of the females had been previously convicted, -while no less than 17% of the males and 31% of the females had incurred -eleven or more previous convictions. Amongst the young male prisoners, -16-21, sentenced to imprisonment, about 60% had incurred no previous -conviction. The system of classification to which all these are subject -in prison, is described in Chapter VII.</p> - -<p>All are subject alike under general prison rules to the reforming -influences of religion. The Chaplain, Priest, or Minister walks -noiselessly among them all, gleaning wheat among the tares, and calling -back those who will come to the bidding of the divine Imperatives, -which if they have been imparted in youth, have, in many cases, almost -faded from memory; and who can tell how often in the silent communings -of the cell, the spark of life and regeneration may not light again -at the voice of the patient, pleading Minister of God. It is not -only by the call of the Chapel services, with the hymns and simple -prayers, but by the regular visitation of each in their cells, that -this spark latent, but not quite extinguished, may rekindle. Do not -let us undervalue the quiet, patient, and unwearying task of those who -minister spiritually to those in bondage in prison cells. The door is -wide open to all creeds and denominations who seek to enter in; and not -only to Ministers of religion, but to lay visitors and missionaries who -find their prompting to this<span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span> work by their desire to realize the holy -precept "I was in prison and you visited me." Let us not forget the -gentle and comforting influence of our Lady Visitors, and the thousands -of forlorn and despairing women, young and old, who perhaps find, for -the first time, the voice of sympathy and encouragement, which, like a -ray of sunshine, lifts the gloom from off their souls.</p> - -<p>In addition to the carefully prescribed orders for the education up to -a certain Standard of such prisoners as are shown after examination on -reception to be in need of it, there are, too, other means by which -"the spark of life and sympathy" can be kindled in prison. Of late -years, great progress has been made in the systematic introduction -of outside influences in the form of lectures and addresses on lay -subjects, calculated to interest and inspire, and to afford matter -for reflection, and to mitigate the evil of morbid introspection -inseparable from long and monotonous seclusion. The value of such -influences is manifested in a wonderful degree by the reference made -to them in letters from prisoners to their homes and friends. In many -cases, a new outlook on life begins. Men and women who have almost -lost their humanity by habitual association with the lower conditions -of life,—its cupidities, baseness, and greed—whose minds have never -risen above the gratification of sensual desires and impulses, have -a new vista of things opened to them. Such 'conversion' may arise -quite unexpectedly and fortuitously from some simple story, from some -appealing incident in world history, even from simple explanation of -the wonders of nature or of science. During the war, the practice was -instituted of giving a weekly account of the great events occurring on -the battlefields of the world: of the heroic deeds that were done: of -the noble sacrifices that were made. There was a unanimous agreement -as to the moral value of these addresses; and it has recently been -decided to continue the system of imparting news of the world to -all prisoners by the same method of weekly addresses, Governors and -Chaplains having a discretion as to the subjects they shall select, and -the manner in which they shall deliver them. It has often been made a -reproach against<span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span> the Prison System that prisoners are cut off from all -knowledge of outside events, and are thrust back again into the world -like children pushed into a dark room, and obliged to grope and feel -their way before they can stabilize themselves in the current of normal -life. This is no longer the case.</p> - -<p>It is another reproach against the system that prisoners are doomed to -an unnatural existence by the so-called 'law of silence.' Since 1898, -there has been no 'law of silence,' strictly so-called. Previously to -that date, the order ran "The Governor shall enforce the observance -of silence throughout the Prison." The Committee of 1894 said on this -subject: "We think that the privilege of talking might be given after -a certain period as a reward for good conduct on certain days for a -limited time, and under reasonable supervision, to all long-sentence -prisoners, local as well as convict, who have conducted themselves -well, and who are not deemed unsuitable for the privilege. The present -practice of imposing silence except for the purposes of labour and -during the visits of officials and authorised persons, for a period -it may be of 15 or 20 years, seems to us unnatural. We recognize that -careful supervision would be necessary if this privilege is allowed, -but we do not think that the disadvantages which might, perhaps, -from time to time, occur would be at all equal to the good likely to -result from a partial and judicious removal of this very unnatural -restriction." The existing rule made under the Prison Act, 1898, is as -follows:—</p> - -<p>"The Governor shall, subject to the provisions of these rules, prevent -all intercourse or communication between the prisoners, so far as the -conduct of the business of the prison or the labour of the prisoners -will permit, and shall take care that all intercourse or communication -between them shall be conducted in such manner only as he may direct. -But the privilege of talking may be given after a certain period as -a reward for good conduct on certain days, for a limited time, and -under reasonable supervision, to such long-sentenced prisoners as have -conducted themselves well, and who desire the privilege and are not -deemed unsuitable for it."</p> - -<p><span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span></p> - -<p>Conformably to this rule, a prisoner who desires this privilege (and -many do not desire it) and is not unsuitable for it, may, on Sundays, -after a certain period of sentence, walk and converse with another -prisoner, provided that such prisoner is of the same class, and that, -in the opinion of the Governor, the association is not likely to be -injurious. Female prisoners and invalids in hospital are allowed a -large latitude in this respect.</p> - -<p>The object of the regulations is not to impose a strict 'law of -silence,' which is reasonably deemed 'unnatural,' but to prevent -harmful and profitless gossip, and inter-communication between -prisoners, which is not only dangerous from the point of view of order -and discipline, but as furnishing a fertile source of corruption. Those -who declaim against the 'law of silence,' in the same breath denounce -the prison régime as a 'manufactory of criminals,' or as a 'nursery -of crime.' In what way could criminals be better manufactured than by -allowing a free intercourse, where evil designs and plottings, both -for mischief inside and concerted crime outside the prison, would be -fostered and encouraged?</p> - -<p>Apart from the organized privilege of talking, allowed to -well-conducted prisoners, there are many other ways in which their -humanity is respected—the brightening of the daily Chapel service, -with arrangements for choirs, singers, and instrumentalists taking part -in the services: weekly missions in prisons: the delivery of moral and -religious addresses by lay persons or members of religious bodies of -any denomination: weekly classes, for which prisoners can be taken from -labour, and where they may discuss among themselves selected subjects. -These classes, referred to in a later Chapter, may be composed of -'Star' and Second Division prisoners, and even ordinary Third Division -prisoners may be chosen to participate.</p> - -<p>Lectures, with or without magic lantern, may be arranged on lay or -sacred subjects, calculated to elevate and instruct prisoners, and -containing an undoubted moral purpose and value.</p> - -<p>Another innovation of recent years has been the issue to well-behaved -prisoners who have completed six months of their sentences, of -note-books and pencils, by which<span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span> they are enabled in their leisure -moments, to make a special study of some particular subject, which is -likely either to be of benefit to them on discharge, or where their -prospects on discharge might be impaired by the absence of any special -means for maintaining the knowledge of any special subject which they -previously possessed. Notes also may be taken from books regularly -furnished from a well-stocked library, where such literary extracts are -deemed to be of value to a prisoner for the improvement of his mental -equipment.</p> - -<p>By such methods and strivings to find the 'treasure that is in the -heart of every man,' I venture to assert that there is, and has been -now for many years, what Mr. Churchill described as the "tireless -effort towards curative and regenerative processes," and this is the -test of the virtue of a prison system, as it is also the test of the -degree of humanity in the nation.</p> - -<p>Our prison System has, in recent years, been subjected to a very -severe test by the fact that, of necessity, penal treatment in -prison, primarily designed for the criminal class, has been applied -to thousands of individuals in no way belonging to that class, whom -it has been necessary to commit to prison under the Defence of the -Realm Acts, either as Conscientious Objectors to Military Service, or -otherwise, for the safety of the realm. It is not denied that prison -rules and regulations press hardly on men and women who, under normal -circumstances, would never have become the subject of those punitive -and repressive conditions, which are inseparable from the deprivation -of liberty by the State. It may be said generally that the restraints -of bondage were borne with courage and patience by the great majority -of those who, under the special circumstances referred to, came within -the jurisdiction of the prison Authority. To persons of refinement -and education (as many were), the many restrictions necessary for the -safe custody of criminals would naturally seem harsh, unnecessary, and -even unnatural. No doubt their experience has given an impulse to the -Prison Reformer, who, in his honourable zeal to soften the lot of the -unfortunate captive, is apt to overlook the necessity for strict rules -and regulations in dealing with a class<span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span> to whose habits and instincts -he himself is a total stranger. I think that, on the whole, it may be -claimed for our Prison System that it has stood the test, and emerged -from the search-light thrown upon its inner workings, with at least the -admission that the humanities are not neglected: that it is doing its -best with the very difficult material with which it deals, to save, -encourage, and rehabilitate, when that is possible.</p> - -<p>But good influence in prisons, and on prisoners, is a very subtle -and mysterious thing. I remember being struck by a passage in the -life of 'John Smith of Harrow', lately published. It was as follows: -"In the conduct of school-life, it is the personal factor that works -for inspiration: no perfecting of methods or machinery can ever -replace this." This can be applied literally to prison life; and the -first and principal duty of those who administer prisons is in the -effort to secure this factor of personality in the selection of the -superintending staff, not only of the superior staff—Governors, -Chaplains, Medical Officers, and Matrons, but of all the subordinate -grades, who are in daily touch with prisoners, and who by their -conduct and bearing, and example, exercise a profound influence. We -are fortunate in this country in possessing such a staff. It is not -given to every man and woman to be capable of combining discipline with -kindness: to be at the same time firm and gentle, to be inexorable in -securing obedience, while, at the same time, adapting tone and method -to the infinite mentalities and moralities to be found in Prison. It -is not an exaggeration to say that harshness and abuse of authority -are as rare in English Prisons as instances and examples of kind and -considerate treatment are abundant; and this is the more admirable when -we consider the temptations and difficulties of the task. It is in -the upright and manly attributes of our Warder class, typical of the -English national character, that a great reforming influence is to be -found. Discipline with kindness is the watch-word of our Prison Staff, -both in the higher and the lower ranks, and I can say confidently, -having examined the condition of Prisons in many foreign countries, -that in this respect, the 'tone' of English Prisons is unrivalled.</p> - -<p><span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span></p> - -<p>I have been referring so far to general reformatory influence of -the Prison régime, so far as it operates generally with regard to -adult prisoners, convicted of ordinary crime. There are two special -categories of prisoners, where in recent years a notable departure has -been made from prison regulations, in the direction of bringing to bear -all those special 'stimuli' and encouragements which appeal to any -better instincts that may be latent, and may inculcate laws of conduct -which shall protect the offender from a relapse into evil-doing. These -categories are (1) the Borstal lad, (2) the habitual offender. These -represent the opposite poles of criminality—the beginning and the end -of a criminal career.</p> - -<p>In the Appendix will be found the special regulations for dealing with -each, and from their perusal it will be seen that the motive power -used is in the appeal to the sense of Honour. This appeal is conducted -primarily, and necessarily, through the natural instincts which desire -comfort and rewards in ordinary human beings. They are simple enough, -but in their simplicity is their value, because they teach the homely -lesson, which the older criminal may have forgotten, and the younger -not yet learnt, <i>viz</i>:—that by good behaviour and industry, and a -proved effort to profit by the encouragement they receive, they may -pass from a lower to a higher grade, with increasing privilege and -comfort, until in the ultimate stages they are placed entirely upon -their Honour, employed in positions of trust, free from supervision, -and even outside the walls of the establishment. In this way the -re-entry into free life is facilitated: semi-liberty precedes full -liberty, and by breaking the abruptness of the change, rehabilitation -or re-settlement under normal conditions of life is achieved.</p> - -<p>Thus the lesson is slowly learnt that there is a reward for industry -and good conduct—not only in what can be gained in material comfort, -but that the delicate plant of self-respect, in many cases withered, -but not quite dead, can blossom again; and from self-respect follows -the respect of others, of those in authority; and after release, of -those with whom they associate in the outer world.</p> - -<p>Those who have watched these two movements—at<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span> Borstal and Camp -Hill—have been struck by their boldness; but in their boldness has -been their great success. The Borstal and Camp Hill experiments exactly -illustrate the true meaning of 'prison reform,' <i>i.e.</i>, the building -up of character on the basis of strict discipline, obedience, and -order, tempered by progressive stages of increasing trust, liberty, -and material improvement of status. When to these influences operating -inside, while the man or woman is still in custody, is added the -ever-watchful care of a highly organized system of help and protection, -on which all can rely on discharge, if ready and willing to respond to -advice given and help offered, 'Prison reform', in the sense of the -reform of the individual prisoner, is realized in its best and most -practical way. It is not Utopian: it is a fact which can be verified -by the records of the Borstal and Central Associations, which deal on -discharge with these two special categories. It is not achieved by -newspaper articles or angry denunciation of the existing system, or -by the formulation of abstract theories concerning prison treatment. -It is achieved by "personality," inside and outside the penal -institution—personality stimulated by a lofty conception of duty to -God and man. To deny these reforming influences in English Prisons is -to misrepresent wilfully, and in ignorance of the facts, the great and -good work that is being done.</p> - -<p>As to the future, there seems to me to be three directions in which -those who are pressing for prison reform might usefully proceed:—</p> - -<blockquote> - -<p>1. The organization of Probation on large and well-considered national -lines.</p> - -<p>2. The application of some of the principles of Preventive Detention -to our Penal Servitude system.</p> - -<p>3. The co-ordination, with a view to the prevention of crime, of all -organized effort, collective and individual, now existing in this -country, and of which most of the value is wasted from the absence of -unity of aim, and of mutual co-operation.</p></blockquote> - -<p><span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span></p> - -<p>1. Though Probation is ancillary to the Prison System, and is closely -allied to the actual administration of justice in the Courts of law, -its method and working must be of profound interest and importance to -all who desire to find alternatives, consistent with the due assertion -of the law, to commitment to prison. This, as is so often said, should -be the last and not the first resort. Custom, routine, and the fatal -ease, and saving of trouble to all concerned, has, in the past, induced -the tendency to regard the warrant of commitment to prison as the -ordinary and only expedient for satisfying the claims of Justice. It -is only of late years that the successful operation of Probation, or -<i>sursis á l'exécution de la peine</i> in foreign countries, and notably -in some of the States of America, has awakened a lively and growing -interest in this method of finding an alternative to imprisonment; and -here we have to steer a wise and prudent course between the Scylla of -harsh infliction of a '<i>peine déshonorante</i>' which imprisonment for a -few days really is, and the Charybdis of undue leniency. This is the -function of the Magistrate: on him depends a successful working of the -system, and he must have a deciding voice as to its application. Put -consistently with the free authority and discretion of the Court, it -ought to be possible to create a national system, for which the Lord -Chancellor, or Secretary of State, as Chief of the Magistracy, would be -responsible. I would not advise the imposition of any official system -independently of the Courts, but only that the political heads of the -Judiciary should take steps to satisfy themselves that Probation, -as a system, is working efficiently at every criminal court in the -country, before whom offenders of all ages, liable to the penalty of -imprisonment, are brought. It is the function of the Secretary of -State to take steps to satisfy himself that the Police Forces of the -country are working efficiently, without in any way interfering with -the discretion of the local Police Authority in the management of their -respective forces. This is done by a system of State-Inspection, and a -certificate of efficiency when all is reported well. The same system -might be applied to Probation. State control would only be exer<span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span>cised -through an Inspector-General at Whitehall, who would be assisted by -Chief Probation officers in the various judicial areas. These would -be paid by the State, and a system could be devised by which the -State granted a subsidy in aid of the salaries of the general body of -Probation officers, who would be appointed locally under regulations -approved by the Secretary of State. Such aid would be dependent, as in -the case of Police, on an annual certificate of efficiency. By such -means an admirable 'Salvage Corps' would be created. By 'Salvage' -I mean a body of devoted men and women who, from knowledge of the -character and history of individual cases, would be in a position to -furnish the Courts with information and suggestions which would enable -them to exercise a wise direction whether or not in any case Justice -would be satisfied by granting a '<i>sursis</i>', subject to satisfactory -conditions and guarantees, to the penalty of imprisonment. Such a -system would not conflict with the full authority and discretion of -the Court, and would, at the same time, prevent Justice from striking -blindly at the offender, by being in possession of material facts, -which, under the present system, are often concealed from it.</p> - -<p>Such a system would be a striking advance on the road of the -individualization of the offender, which is the aim and purpose of the -modern penal system in all civilized countries.</p> - -<p>2. The principle of Preventive Detention, which might perhaps be -extended with advantage, but with great care and prudence, to our -Penal Servitude System, is that expressed by the Advisory Committee -(Section 14 (4) of the Prevention of Crime Act, 1908, Part II), and the -provision for After-care (Section 15 of the same Act).</p> - -<p>Long sentences of penal servitude are now reported periodically to the -Home Office for review and consideration. Without impinging in any way -on the authority of the Court, which fixes the term of the sentence, -it might be arranged that such reports should be accompanied by a -report of an Advisory Committee, set up at each convict prison, whose -opinion would be of value to the Secretary of State in deciding whether -conditional licence under<span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span> adequate safeguards could be granted, or -whether the stern penalty of a sentence of penal servitude having been -sufficiently expiated, there might be a commutation of the sentence to -the less rigorous conditions of Preventive Detention. The great success -which has attended the work of the Advisory Committee at Camp Hill -seems to justify the extension of the principle, quite consistently -with a due and exact regard for the interests of Justice and the -protection of society.</p> - -<p>Section 12 of the Prevention of Crime Act, 1908, gives power to the -Secretary of State to commute in certain cases to Preventive Detention. -An Advisory Committee could fitly advise as to the occasion for the -exercise of this power.</p> - -<p>3. In addressing the Central Committee of Aid Societies last year, -I ventured to propose the foundation of a National Society for the -Prevention of Crime. I was led to this proposal by the experience which -has come to me in watching the operation of the great network of effort -now employed in diverse capacities throughout the country, not only -in the aid of prisoners discharged from ordinary or local prisons, -but in the supervision of Borstal, Penal Servitude, and Preventive -Detention cases through the admirable machinery of the Borstal and -Central Associations. In addition to these recognised, and more or -less State-aided, instruments for dealing with the actual offender, we -have the preventive agencies for the supervision of cases discharged -from Industrial and Reformatory Schools, as well as the large field of -care and tutelage for those placed on Probation,—all these methods -for after-care and prevention are co-ordinated with the help given by -other benevolent or religious Societies, thus forming a compact whole -of altruistic effort of what is known in France as '<i>Patronage</i>', or a -National life-saving apparatus.</p> - -<p>My idea was to stabilize and unify all this somewhat unconnected -effort by the formation of a Central Council, on which all persons or -societies working in the field of reclamation, either of young or of -old, could be brought, so to speak, under 'one umbrella'.</p> - -<p>There would be Committees of such Central Council in<span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span> every selected -area or district, on which would be represented the local Aid Society, -the local Probation officer, the Associate of the Borstal and Central -Associations, agents of the Reformatory and Industrial School -Department, and any local representatives for dealing with the care and -employment of the young.</p> - -<p>To such a body would be affiliated the associations which exist in many -parts of the country for the care of the mentally defective.</p> - -<p>There is a growing appreciation on the part of Magistrates, and the -public generally, of the close and often undiscovered association -between crime and mental deficiency. Steps are now being taken, -notably in the Midlands and the North of England, for establishing -a co-operation between the Police Authority, the Courts of law, and -Committees of the County Council, working under the Mental Deficiency -Act. If such co-operation could become general throughout the country, -a new and formidable 'preventive' against many acts of petty and -repeated lawlessness would be created, and there is little doubt that -many persons of both sexes who hitherto have spent their lives in and -out of Prison—the despair of the Courts, a source of perpetual trouble -to Police, and of nuisance to their neighbours, would, on inquiry, -and mental observation, be found to be 'irresponsibles', and proper -subjects for medical care, rather than the grim severity of ceaseless -and useless imprisonment. The long and mournful roll of incurable -recidivists would cease to haunt our prisons, and public places; and -under Institutional care, would, at least, be removed from evil-doing, -if they did not regain, under medical care, their opportunity for -reinstatement in normal industrious life.</p> - -<p>It is in these directions that I think that the hope of dealing -effectively with the ever-present criminal problem lies. Let those -who are anxious to get to the heart of this problem know that the -solution lies, not in abstract theories of so-called Prison Reform: not -in academical discussion of the best prison system to adopt: not in -the old vexed controversies of the comparative value of the cellular -or associated plan, but in patient observation of every human being, -while in the custody of the State for<span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span> an infraction of its laws, -and in aiding the reconstruction of a life that has failed, by the -adoption of a system of After-care, on the lines I have described, or, -which is far better still, in endeavouring to create such a network of -preventive work throughout the land, that, as a nation, we may rejoice -in being able to feel that, at least so far as human effort can avail, -Prison, with all its consequences, shall be the last and not the first -resort, which, in the absence of well-organized preventive and curative -measures, it has too often been in the past.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_II" id="CHAPTER_II">CHAPTER II.</a></p> - -<p class="center">THE PRISON COMMISSION: OFFENCES, AND PUNISHMENTS.</p> - - -<p>The prisons in England and Wales are divided into (<i>a</i>) Convict, and -(<i>b</i>) Local.</p> - -<blockquote> - -<p>(<i>a</i>) Convict Prisons were created specially to contain convicts -under sentence of transportation prior to, or in lieu of, removal -to the penal colonies, and were constituted by special Acts of -Parliament passed from time to time, which provided for their separate -administration and inspection. In 1850, they were all placed under a -Board of Directors who exercise all the powers formerly vested in the -various bodies who managed them.</p> - -<p>(<i>b</i>) Local Prisons.—By the Prison Act, 1877, county and borough -prisons, which formerly belonged to the local authorities, were -transferred to and vested in the Secretary of State, a permanent -Commission, not exceeding five members, being created for the purpose -of aiding the Secretary of State in carrying out the provisions of the -Act.</p></blockquote> - -<p>In 1878, when the local prisons were thus transferred, there were, -therefore, a Board of Directors of Convict Prisons, consisting of -four members (including the Chairman) and a Board of Commissioners, -consisting of four members (including the Chairman). The then Chairman -of the Directors was appointed also Chairman of the Commissioners; -but, except to this extent, at that time no further amalgamation took -place, each class of prisons being administered separately. The two -Boards still have separate legal existence, but under the Prison Act, -1898, every Prison Commissioner is, by virtue of his<span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span> Office, also a -Director of Convict Prisons. The Boards are now, in fact, if not in -law, amalgamated.</p> - -<p>The control of all Prisons is thus vested in a body of Commissioners, -who act subject to the control and authority of the Secretary of -State, who is himself directly responsible to Parliament for the whole -administration.</p> - -<p>In addition to the Convict and Local Prisons, the Commissioners are -also responsible for the administration of the Institutions established -by the Prevention of Crime Act, 1908, for dealing with:—</p> - -<p>(a) young offenders, 16-21—Borstal Institutions.</p> - -<p>(b) habitual criminals under 'Preventive Detention.' They are also -responsible for the care and control of Habitual Inebriates sentenced -under the Act of 1898; but, as pointed out later in dealing with the -question of Inebriety, there are, at the present time, no inmates in -custody.</p> - -<hr class="tb" /> - -<p>Offences against the criminal law can be classed generally into two -divisions—Indictable (<i>i.e.</i> tried on indictment before a Superior -Court): Summary (<i>i.e.</i> tried before a Court of Summary Jurisdiction). -The Superior Courts are (1) Assizes: (2) General Quarter Sessions. -(1) The <i>Assize Courts</i> are itinerant criminal tribunals created by -Commission to Judges of the High Court to try prisoners presented for -trial by the grand juries for the several Counties in which the Assize -is to be held. They can try any indictable offence whatever, and are -the most important of criminal Courts of first instance. In London, a -special Court, known as the Central Criminal Court, has been created -by Statute, having the same powers as Courts of Assize, and sits -monthly. (2) <i>Quarter Sessions.</i> These are held once a Quarter, and -were originally meetings of the Justices of the Peace of a particular -County. More recently, certain cities and boroughs have obtained the -privilege of a local Court of Quarter Sessions, presided over by a -Recorder, who must be a barrister. These Courts can try all indictable -offences except such felonies as are punishable by Penal Servitude for -Life or by Death.</p> - -<p><span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span></p> - -<p>Summary Justice is administered generally by Petty Sessional Courts -composed of unpaid local Magistrates, not necessarily of legal -experience, nominated by the Lord Chancellor; but in the Metropolis -and other Cities and populous places, <i>e.g.</i>, Birmingham, Leeds, -Liverpool, <i>etc.</i>, by paid Stipendiaries who are barristers of standing -and repute, appointed by the Crown. The great mass of petty offences -against the law is dealt with by these tribunals. Of late years, the -powers of the Summary Courts have been extended so as to include -certain indictable cases. Thus, young persons under 16, when charged -with any indictable offence whatever, except homicide, may be dealt -with summarily, subject to certain conditions; also adults, when -charged with various forms of larceny, theft, embezzlement, &c., where -the value of the property stolen does not exceed twenty pounds.</p> - -<p>The punishments that the Superior Courts can impose are, generally -speaking, penal servitude for grave offences, and ordinary imprisonment -for lesser offences. The special penalty of commitment to a Borstal -Institution, or to a State Inebriate Reformatory, may only be imposed -by a Superior Court. Superior Courts have, in addition, the power to -order Whipping in the case of Robbery with Violence, and of persons -deemed to be Incorrigible Rogues under the Vagrancy Act, and for -the offence of Procuration, under the Criminal Law Amendment Act, -1912. They have power also to order a person to be placed under the -Supervision of Police for a fixed period after his punishment. In the -Summary Courts the principal punishment is by fine. According to the -Judicial Statistics for 1913, fines were inflicted in about 88 per -cent. of the cases convicted for petty offences. Where a fine is not -paid, imprisonment is generally ordered to take place in satisfaction -in lieu of the fine. Out of 128,686 persons committed to Prison by -the Summary Courts in 1913-4, no less than 74,461 were imprisoned in -default of payment of fine, the amount of imprisonment being regulated -by statute in proportion to the amount of fine. Under the Criminal -Justice Administration Act, 1914, it is now obligatory on the part of -the Courts to allow time in which to pay the fine imposed. In 1918-19, -the number<span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span> of persons received into prison in default of payment had -fallen enormously, only 5,264 being received, or about 2 per cent. of -the total sentenced by the Courts to pay a fine, as compared with 15 -per cent. in 1913-14. Though the maximum term which may be imposed by -Summary Courts is limited to six months, in practice the great majority -of the sentences awarded do not exceed three months.</p> - -<p>There are also the Juvenile Courts which deal with offenders under -sixteen, as to which particulars are given in a later chapter.</p> - -<p>There is power also under the Probation of Offenders Act, 1907, for -any Court (either Superior or Summary) to release an offender on -probation—the former, in lieu of imposing a sentence of imprisonment, -or in the case of the latter, without proceeding to conviction. The -offender may be discharged conditionally on entering into recognizances -to be of good behaviour, and to appear for sentence or conviction at -any time within three years. The Court may, in addition, order the -offender to pay damages for injuries, or compensation. A recognizance -under this Act may contain a condition that the offender shall be -placed under the supervision of a Probation Officer, and other -conditions may be that he shall not associate with undesirable persons, -and that he shall abstain from intoxicating liquors, and, generally, -that he shall lead an industrious life. Details as to the operation of -the law will be given in a subsequent chapter.</p> - -<p>Previously to 1907, there was no Court of Criminal Appeal. The general -principle had been that in criminal cases no appeal was allowed -to either party on any question of fact; the only resource for a -wrongfully convicted man was to petition the Secretary of State. A -prisoner now has an absolute right to appeal on any question of law, -and, if leave be obtained, on any question of mixed fact and law. -He also has the right to appeal against the sentence passed on him. -Neither the Crown's Prerogative of Mercy, nor the powers of the Home -Secretary to institute such inquiry as he may think fit, are affected -by the Act.</p> - -<p>The penalty of death is now practically restricted to cases<span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span> of murder, -although permitted by law in the case of treason, and certain forms of -piracy and arson. The average number of capital sentences for the last -ten years has been 25, and of these, 13 suffered the extreme penalty of -the law.</p> - -<p>I propose to commence the Study of the English Prison System by a short -survey of the history of Penal Servitude,—an essential preliminary to -an understanding of the System as it exists to-day.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_III" id="CHAPTER_III">CHAPTER III.</a></p> - - - -<p class="center">THE HISTORY OF PENAL SERVITUDE.</p> - - -<p>Penal Servitude was substituted for Transportation in the year 1853. -It will be necessary to trace shortly the history of Transportation, -so that the features of Penal Servitude, as they exist to-day, may be -understood. Transportation is first mentioned as a punishment under an -Act passed in the reign of Charles II, which empowered Judges to exile -for life the moss-troopers of Northumberland to any of H.M. Possessions -in America. It is stated that in the Bloody Assizes of 1685 Judge -Jeffries sent no less than 841 persons to Transportation. It appears to -have been the practice to subject these transported offenders to penal -labour, and to employ them as slaves on the estates of the planters. -An Act was passed in the reign of George I., giving to the persons -who contracted to transport a property and interest in the service of -such offenders. A great want of servants in the Colonies is one of -the reasons assigned for this mode of punishment. In spite of this, -however, many of the Colonies, especially Barbadoes, Maryland and New -York, objected to having their wants supplied by these means, and with -the War of Independence, transportation to America ceased.</p> - -<p>It was about this time that, under the influence of Blackstone, Howard, -and others, what was known later as the Penitentiary System for the -treatment of Crime began to be considered in England, and an Act was -passed in the year 1778 for the introduction into the Prison régime of -the three factors on which the so-called Penitentiary System rested, -<i>viz</i>:—separate confinement, hard labour, and instruction—secular and -religious. Although the System was commenced in good earnest in a few -places, <i>e.g.</i>, Petworth and Gloucester, under the auspices of keen -prison reformers<span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span> (at these places, the Duke of Richmond and Sir G.O. -Paul) it was not till some fifty years later that general interest was -attracted by the experiments being made in the United States, where -the rival Systems—"Cellular" and "Associated," as carried out at -Philadelphia and Auburn, respectively, have become historical.</p> - -<p>Although historically our Prison System may be said to date from -the Prison Act, 1778, a long, dismal history of ill-considered -administration was destined to intervene before the principles of -penal science, as now understood, obtained expression. It is probable -that the discovery of Australia by Captain Cook was the "<i>mésure de -circonstance</i>" which determined the prison history of this country for -nearly fifty years. The easy methods and means of transportation which -this great Colony afforded, relieved Parliament of the necessity of -inventing any new and wise methods for the punishment of crime. The -system instituted in 1788 for the transportation of offenders to the -Australian Colonies was regularly organized and extensively acted upon -up to 1840. It could not, however, survive the condemnation of the -Parliamentary Inquiry of 1837. It was condemned absolutely, as being -unequal, without terror to the criminal class, corrupting to both -convicts and colonists, and extravagant from the point of expense. This -condemnation of the Colonial System followed closely on another Inquiry -of the previous year into the Hulks, and the System of Imprisonment at -home.</p> - -<p>Transportation to New South Wales was abolished by Order in Council -in 1840, and in the case of those still transported to Van Dieman's -Land, a "progressive stage" system was instituted, under which -convicts were able to gain a succession of privileges in different -classes, terminating either in a ticket-of-leave in the Colony, or -in a conditional or absolute pardon. This plan, however, failed, as -the benefits of a gradually improving condition could not be realized -from the fact that the supply of convicts was greater than the demand, -and so they could not be absorbed when they had qualified for private -service or employment. There was no employment to prevent these men -from starving, and the Government were obliged to furnish subsidies -and work. By 1846,<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span> accounts which had been received of the moral -degradation of the convicts, crowded together in depôts, were of so -alarming and deplorable a nature, that public opinion was deeply -roused, and the two Ministers who were then responsible (Lord Grey at -the Colonial Office and Sir George Grey at the Home Office) took the -matter in hand. Transportation was stopped for two years, and it was -generally agreed that it could not be resumed on the former plan. It -was arranged that all convicts should undergo (1) a limited period -of separate confinement at home, the advantages of which as a basis -of discipline had been fully proved at Pentonville Prison: (2) that -they should then be sent to associated labour on Public Works in this -country, or at Gibraltar, and Bermuda, and (3) thence they should be -removed on Ticket-of-Leave to any Colony disposed to receive them.</p> - -<p>The history of Pentonville Prison is an essential guide to a clear -understanding of the actual basis of our Penal Servitude, as well as of -our ordinary Prison System. I have already stated that the Penitentiary -idea, of which the basis is separate or cellular confinement, had found -expression in an Act of Parliament of 1778, and that the idea had, -owing to many circumstances, remained obscure till it was revived in -the United States of America. In the second quarter of the last century -Mr. Crawford, an Inspector of Prisons appointed under the Prison Act, -1824, (which had again endorsed the principle, although little or no -effect was given to it) was sent to America to report on the question. -Papers drawn up by himself and Mr. Russell, also an Inspector of -Prisons for the Home District, were submitted to Parliament, and were -widely discussed. In 1837, Lord John Russell, the then Home Secretary, -issued a Circular to the Magistracy expressing his own conviction on -the efficacy of separate cellular confinement, as a means both for -the punishment of crime, and for the reformation of the offender. It -was then decided to erect Pentonville Prison as a model Prison on -the cellular plan for the purpose of practically working out a new -system of Prison discipline. The Prison was occupied in December 1842. -Commissioners were appointed to superintend the experiment, drawn from -leading<span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span> members of the social and public life of the community. Two -Medical Commissioners were also appointed to watch narrowly the effect -on the health of the prisoners. The period of separate confinement was -limited to eighteen months. The Second Report of the Commissioners -expressed the opinion that the adoption of separate confinement, as -established at Pentonville Prison, promised to effect a most salutary -change in the treatment of criminals, and was well calculated to -deter, correct, and reclaim the offender; and in their Fourth Report -they stated that the Separate System was safe and efficient, and -that generally the moral results of the discipline had been most -encouraging, and were attended with a success which was without -parallel in the history of prison discipline, and that it was the only -sound basis on which a reformatory discipline could be established with -any reasonable hope of success.</p> - -<p>In virtue of these strong and unanimous opinions, the principle of -Separate Confinement for the first stage of Penal Servitude was -established, the period in the first instance not to exceed fifteen -or eighteen months. At the end of that period the principle of -employing convict labour on national works of importance was adopted, -as affording, in connection with the reformatory influences brought -to bear in separate confinement, the best means of training the men -to those habits of industry which would fit them to earn an honest -livelihood on discharge, either at home or abroad. The abolition of -the Hulks was at the same time decided upon. The employment of a large -body of convicts on what was called the "Public Works" System commenced -a new era in the history of Prison Administration in England. It was -a combined system applicable to all convicts: (1) a fixed period of -separate confinement: (2) employment in association on Public Works -at home for a period apportioned to the term of the sentence: (3) -disposal with a Ticket-of-Leave in the Colonies. It was ordained that -a convict "shall not pass out of the custody of the Government in the -Colony until he shall be engaged, for at least a year, for service -with some private employer. If suitable service cannot be obtained, -the convict shall be employed by Government." The condition of the -Ticket-of-Leave was that "the<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> holder is required to remain in a -particular district, must be at his dwelling from 10 o'clock at night -to day-break, and must report himself periodically to the Police -Officer of the district." This combined system of home discipline and -colonial disposal depended for its success (1) on the character and -conduct of the convict being such, while under the discipline of a -Public Works Prison, that remission could reasonably be accorded with a -view to expatriation: (2) that the Colony should be willing to receive -convicts on Ticket-of-Leave, <i>i.e.</i>, in a state of semi-liberty. In -fact, convicts were able to render themselves ready for transportation -after serving less than half the period of their sentence, <i>e.g.</i>, -two years, in a seven years' sentence, two-and-three-quarters in ten -years, and so on. The claims to this remission were carefully estimated -from daily records of conduct and industry kept by the subordinate -officers. No Mark System, as now understood, was then in operation. A -system of Badges (worn on the arm of every prisoner) was the principal -incentive to good conduct. As soon as the letters "V.G." (Very Good) -were inscribed on the Badge, he became eligible for a Ticket-of-Leave. -Gratuities were also credited to well-conducted convicts for conduct -and industry, respectively. There were three degrees of conduct, -carrying 6<i>d.</i>, 4<i>d.</i>, and <span class="smcap">NIL</span> per week. There were -three degrees of industry—<span class="smcap">VERY GOOD</span>, <span class="smcap">GOOD</span>, and -<span class="smcap">NIL</span>, carrying 9<i>d.</i>, 4<i>d.</i>, and <span class="smcap">NIL</span>.</p> - -<p>The first prisoners were embarked from Portland in 1849. Favourable -accounts were received of their conduct from Van Dieman's Land and -Australia. The System, however, which was bearing good fruits, only -remained in operation till 1852, when Van Dieman's Land refused any -longer to be made the receptacle for the disposal of malefactors from -the Mother-Country, and the cessation of Transportation, and the -release of so many desperate characters at home, caused the gravest -apprehension in the public mind. There were at that time about 8,000 -male convicts in the Convict Prisons in England, and at Bermuda and -Gibraltar. The question arose whether the men should be released -perfectly free, as had previously been the case of thousands discharged -from the Hulks, or whether the plan of granting a Ticket-<span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span>of-Leave -on a principle which had long been established in the Colonies, -should be adopted. The Penal Servitude Act, 1853, represents the -decision of Parliament on the matter. That Act substituted sentences -of Penal Servitude for those of Transportation, four years of the -one being deemed equivalent to seven years of the other; and the -Secretary of State was empowered to grant to a convict a licence to -be at large during the unexpired portion of the original sentence -of Transportation. Public opinion remained, however, restless and -dissatisfied with the discharge of so many Ticket-of-Leave holders -in the Mother-Country, and a formidable public agitation led to the -appointment of a Select Committee of the House of Commons in 1856. -The Penal Servitude Act of 1857 embodies their recommendation, -<i>viz</i>:—that the terms of Penal Servitude should be extended to a -period corresponding with former sentences of Transportation, and that -every punishment by Penal Servitude should, in addition to separate -Imprisonment and labour on Public Works, include a further period -capable of being abridged by the good conduct of the convict himself, -<i>i.e.</i>, that there should be a remission of part of a sentence of -Penal Servitude in the case of those convicts whose conduct in Prison -was such as not to deprive them of the indulgence. The portion to -be remitted varied from one-sixth in the case of a three years, or -minimum, sentence, to one-third of a sentence of fifteen years and -upwards. The principal punishment for serious crime became then what it -has remained ever since, and involves a triple responsibility on the -part of the Judge who passes the sentence, the Secretary of State who -fixes the maximum amount of remission, and the Prison Authorities whose -duty it is to keep a just account of the conduct and industry which -will enable them to reckon the amount of remission to be granted.</p> - -<p>What has since been known as the Progressive Stage System was -introduced by regulations passed subsequently to the Act of 1857. -They prescribed a period of nine months in separate confinement, the -remaining term of the sentence being divided into three stages of -discipline, representing three equal portions of the residue of the<span class="pagenum"><a name="Page_29" id="Page_29">[Pg 29]</a></span> -sentence. On passing from the first to the second Stage, prisoners were -rewarded in the way of extra gratuities, badges, etc. On arriving at -the third Stage, there was a further increase of privileges of the same -nature, and a different dress from that of ordinary convicts was worn.</p> - -<p>The object aimed at was to devise a useful system of progressive -reformatory discipline, based upon a nice adjustment of the elements of -hope and repression, but subject to the principle that the punishment -due to the crime is the primary object, and that, consistently with -that, no effort to reform should be neglected.</p> - -<p>This idea of progressive reformatory discipline had, therefore, an -entirely English origin, and was the result of the tireless efforts -made at that time by Sir Joshua Jebb, and his colleagues, to devise a -system for the punishment of serious crime in lieu of Transportation. -It retained such features of the Colonial System as it was practicable -to engraft on the system of Penal Servitude at home, although this -latter involved a longer term of detention in actual custody with -diminished prospect of employment on discharge.</p> - -<p>It betrays a curious ignorance of the English System that the origin -of this idea has become historically attributed to an Irish source. -Idle principle which had been established with so much care at -Pentonville and Portland was introduced into Ireland by Sir Joshua -Jebb himself, when, in consequence of the number of convicts in that -country rising from 700 to two or three thousand, he was ordered by -the Government to proceed to Dublin, and advise the Prison Authority -there with a view to the adoption of the Progressive System. The -English Rules were, as far as possible, applied at Spike Island and -at Mountjoy. In 1850, a few years later, Sir Joshua Jebb was again -ordered by the Government to proceed to Ireland, but as he was unable -to go, Captain Knight, Governor of Portsmouth Prison, took his place, -with the result that a Board of three Directors was formed, (of which -Captain Knight was a member) who entered upon their duties in 1854. -Captain Crofton, Chairman of the Board, stated in evidence before -a Committee of the House of Commons that he had followed out the -English System,<span class="pagenum"><a name="Page_30" id="Page_30">[Pg 30]</a></span> and in the Report for 1855 it is stated that the -System of Progressive Classification continued to have an excellent -effect. The only difference in the Irish System was the adoption of an -Intermediate Stage before discharge followed by Police Supervision, -both the conditions having been established as elements of the -English System in the Colonies. This part of the Colonial System was -not, however, adopted in England, as the Government naturally shrank -from the great and novel responsibility of finding employment in -England for discharged convicts. Ireland, however, with its rural -and scattered population, its demand for labour, and its centralized -police, afforded facilities both for securing employment, and, with -it, police supervision, which should not be hostile, as a system of -<i>espionage</i>, but friendly in its character, and from knowledge of -local circumstances, calculated to promote the welfare of the convict. -The relatively small number of convicts in Ireland rendered easy the -introduction of the so-called Intermediate System, which was simply -the collection of the better-disposed convicts previous to their -discharge in centres under easy discipline, with a view to disposal -under favourable conditions. The strong belief which existed at the -time that the so-called Irish System was producing results which were -unprecedented was due to the economic history of the country. During -the years when the system was introduced, it happened that Ireland was -passing through a crisis without parallel in the history of Europe. -The crisis included a famine, a pestilence, an exodus, a transfer of -large areas of land to a new proprietary, and the introduction of a new -Poor Law. The population was decimated three times between 1845 and -1861. Towards the end of this period, work became plentiful, and wages -rose as much as one hundred per cent. At the same time, in England -the population was increasing, work was difficult to find, there was -no centralized police as in Ireland, and any comparison between the -results of the two Progressive Systems would have been valueless, the -conditions being so entirely different.</p> - -<p>Owing to an increase of serious crime in the early 'sixties, public -attention was again called to the system of punishment in force, and a -Royal Commission was<span class="pagenum"><a name="Page_31" id="Page_31">[Pg 31]</a></span> appointed to enquire into the operation of the -Penal Servitude Acts. It was found that the late increase in crime -coincided in point of time with the discharge of convicts sentenced -for short terms, <i>i.e.</i>, for three years under the Act of 1857; and -it was proposed that the minimum term of penal servitude should be -increased, and that longer sentences should be passed on persons guilty -of habitual crime. The Commissioners pointed also to defects in the -methods of identification: they objected to reconvicted convicts not -receiving remission, and believed that it would be more effectual to -pass long sentences on reconvicted prisoners than to remove the chief -inducement to industry and good conduct. They found fault with the -Regulations made under the Act of 1857, on the ground that they did not -indicate to convicts with sufficient clearness that remission could -only be earned as a reward for industry and conduct. They objected -to giving credit for general good conduct as well as for industry, -on the ground that the mere abstaining from misconduct gives no just -claim for reward. They advocated the adoption of the Mark System as -introduced into Australia by Captain Maconochie, and, subject to a -considerable remission of punishment earned under this system, they -were in favour of longer sentences. They came further to the opinion -that the Irish System of Police Supervision should be adopted in -England. They thought that the sentence of Penal Servitude should be -for not less than seven years, subject to the concession that the third -of a period would be remitted under the operation of the Mark System, -when the highest industry had been maintained. They were in favour of -continuing Transportation to Western Australia: they pronounced against -the high rates of gratuities which convicts in England were entitled to -receive, and regarded favourably the system by which convicts in the -Irish Intermediate Prisons, and the "road parties" in Western Australia -were allowed to spend a weekly portion of their earnings in procuring -for themselves certain indulgences. Appended to the Report of the -Commission was a Memorandum by Lord Chief Justice Cockburn, which has -become historical as laying down the principles which, in his opinion, -ought to be<span class="pagenum"><a name="Page_32" id="Page_32">[Pg 32]</a></span> observed in the punishment of offenders, <i>viz</i>:—</p> - -<p>"These purposes are twofold; the first, that of deterring others -exposed to similar temptations from the commission of crime; the -second, the reformation of the criminal himself. The first is the -primary and more important object: for though society has, doubtless, a -strong interest in the reformation of the criminal, and his consequent -indisposition to crime, yet the result is here confined to the -individual offender, while the effect of punishment, as deterring from -crime, extends not only to the party suffering the punishment, but to -all who may be in the habit of committing crime, or who may be tempted -to fall into it. Moreover, the reformation of the offender is in the -highest degree speculative and uncertain, and its permanency, in the -face of renewed temptation, exceedingly precarious. On the other hand, -the impression produced by suffering, inflicted as the punishment -of crime, and the fear of its repetition, are far more likely to be -lasting, and much more calculated to counteract the tendency to the -renewal of criminal habits. It is on the assumption that punishment -will have the effect of deterring from crime that its infliction can -alone be justified, its proper and legitimate purpose being not to -avenge crime but to prevent it. The experience of mankind has shown -that though crime will always exist to a certain extent, it may be kept -within given bounds by the example of punishment. This result it is -the business of the lawgiver to accomplish by annexing to each offence -the degree of punishment calculated to repress it. More than this -would be a waste of so much human suffering; but to apply less out of -consideration for the criminal is to sacrifice the interests of society -to a misplaced tenderness towards those who offend against its laws. -Wisdom and humanity, no doubt, alike suggest that if, consistently with -this primary purpose, the reformation of the criminal can be brought -about, no means should be omitted by which so desirable an end can -be achieved. But this, the subsidiary purpose of Penal Discipline, -should be kept in due subordination to its primary and principal one. -And it may well be doubted whether, in recent times, the humane and<span class="pagenum"><a name="Page_33" id="Page_33">[Pg 33]</a></span> -praiseworthy desire to reform and restore the fallen criminal may not -have produced too great a tendency to forget that the protection of -society should be the first consideration of the lawgiver."</p> - -<p>The views of the Lord Chief Justice on the value of Police Supervision, -and Ticket-of-Leave, and the aspect from which he regarded the value of -the Irish Intermediate System attracted much attention at this time. He -stated:—</p> - -<p>"Those who advocate remission, make supervision an essential element -in their system, as necessary not only for the security of the public, -but also for the protection of the convict himself when first set free -and exposed anew to temptation. But it may be questioned first, whether -supervision is practicable; secondly, whether, if practicable, it is -not more mischievous than beneficial. There can be little doubt that by -change of name, and change of locality, which, as we have just seen, -is largely resorted to for this purpose, holders of Tickets-of-Leave -can without much difficulty elude the vigilance of the police; and -no adequate means have been suggested for satisfactorily overcoming -this difficulty. But a far more serious objection arises from the -fact that, at least in this country, any supervision by the police, -or other officer appointed for the purpose, would be fatal to the -convict's chance of employment, on which his continuing in the right -course, if so disposed, so materially depends. Police supervision is -incompatible with the concealment of the man's antecedents, while, in -the great majority of instances, the well-doing of the convict must -depend on his secret being kept. Few masters would employ a man who -was known to be a convicted felon, and an equal obstacle would be -found in the disinclination of other labourers to be associated with -one thus degraded. It would seem, therefore, that if remission is to -be continued, it would be better that it should not be attended by -any attempt at supervision, the beneficial effects of which, from the -difficulty of carrying it out, are doubtful, while its mischievous -tendency, so far as relates to the welfare of the convict, is apparent. -It would seem to be better to leave the liberated convict to<span class="pagenum"><a name="Page_34" id="Page_34">[Pg 34]</a></span> take -his chance of finding employment and making his way as he can, than -to fetter him with a clog which may prevent the possibility of honest -exertion."</p> - -<p>It was in consequence of the Report of the Commission that in 1864 an -Act was passed raising the minimum sentence of Penal Servitude from -three to five years. The Act also authorized any two or more Justices -of the Peace to exercise powers of corporal punishment for offences -against Prison discipline, hitherto vested exclusively in one of -the Directors, the Commission of 1863 having expressed the opinion -that acts of violence committed by convicts were not punished with -sufficient promptitude or severity. This measure also enacted the -principle that a convict on licence should report periodically to the -Police of the district in which he should reside, and any failure to -comply with the conditions imposed in the licence might result in its -forfeiture, and in the re-committal of the holder to Prison.</p> - -<p>As a result of this measure, the Progressive Stage System, through -which convicts passed on their road to remission, was further defined -and elaborated, and the Mark System as now in operation was instituted. -Every convict was required to earn by actual labour a certain number -of marks, proportioned to the length of his sentence, to enable him to -purchase, as it were, any remission of sentence, or to advance from -the lower to the higher class. Although misconduct would involve a -forfeiture of marks, the marks are allotted simply for actual industry, -as shown by the amount of work done, and are checked by the actual -measurement of the work, where such is possible. The Directors, in -their Report for 1865, comment on the introduction of the system as -follows:—</p> - -<p>"The value of the Mark System when honestly administered is, that it -gives a tangible idea to the convicts of the value of their daily -labour, and our endeavour has been to impress upon them that they -must earn these marks to gain the advantages held out to them of -remission of sentence and advancement in classes. Like any other system -of recording the conduct and industry of convicts, the Mark System -requires careful watching, to prevent it from degenerating into mere -routine, and to avoid favouritism<span class="pagenum"><a name="Page_35" id="Page_35">[Pg 35]</a></span> or intimidation. We have under -existing circumstances the advantage that the convicts are employed -in important Public Works, which admit of accurate measurement and -valuation; and we think the checks we have adopted are sufficient to -guarantee that whatever the convicts do earn will be earned by fair -labour accompanied by good behaviour. It is very satisfactory to us -to state, that although none of the officers of the English Convict -Prisons had any previous experience of the working of the Mark System, -which might naturally be expected to be regarded with some kind of -suspicion, its success has far exceeded our expectations. The Governors -and the subordinate officers have devoted themselves very zealously to -master the principles and details of the Mark System, and have entered -into the spirit of the measure with great zeal, and the testimony of -the Governors to the beneficial results on the labour and industry -of the convicts is very gratifying. The convicts themselves take a -lively interest in the account of their marks, which they watch with -earnestness, and fully avail themselves of the privilege of bringing -before the Directors any grievance they think they have respecting -them."</p> - -<p>The Mark System, as then introduced, has remained in operation ever -since, and may be regarded as the fundamental principle of the Penal -Servitude System. We have not at our disposal to-day the same amount of -"Public Work," strictly so-called, <i>i.e.</i>, buildings, harbour-making, -&c., and the allocation of marks cannot be checked to the same degree -by actual measurement of work done, but the record of daily industry, -whatever the employment may be, is strictly kept. The gain or loss -of marks, either for remission or stage, constitutes the reward -or punishment lying at the root of convict discipline. As will be -explained in a later Chapter, this has been applied also to the Local -Prison System, <i>mutatis mutandis</i>, in common with many other features -in the Convict Prisons, which, previous to the Prison Act, 1877, were -alone under the direct control of the Government.</p> - -<p>At the same time a considerable reduction was made in the large amount -of gratuity paid to convicts, and the<span class="pagenum"><a name="Page_36" id="Page_36">[Pg 36]</a></span> maximum earnable was reduced to -£3, irrespective of length of sentence, with power to grant a further -bonus of £3.</p> - -<p>The changes resulting from the Royal Commission of 1863, and the -Penal Servitude Act of 1864, were generally satisfactory as tested by -the number of persons sentenced to penal servitude. The Authorities -reported in 1871 that there was good reason to believe that great -progress had been made in solving the difficulty of forming an -effective system of Secondary Punishment. Although in that year -there was a considerable increase in the number of reconvictions to -penal servitude, this was due to an alteration in the law brought -about by the Habitual Criminals Act, 1869, and the Prevention of -Crimes Act, 1871, by which greater facilities were given to the -Police for the detection of habitual criminals, the proportion of -recommittals depending more on the activity of the Police and means -of identification at their disposal than on any changes in the Prison -System. The Act of 1871 provided that a person convicted a second time -on indictment might be sentenced to be subject to Police Supervision -for a number of years, not exceeding seven, after the expiration of -his sentence. During such period he is required to notify his place -of residence to the Police, and to report himself to them monthly, in -default of which he is liable to imprisonment. The Act also imposed -similar obligations and penalties on persons released from penal -servitude, and, further, if it were proved that the convict was -living dishonestly, he would be liable to be sent back to prison to -undergo the remainder of his unexpired portion of penal servitude. -The effectual supervision of a discharged convict, which resulted -from these provisions, began to show itself in an increase both in -the number of sentences to Penal Servitude and in the number of -reconvictions. In the year 1876, these latter had nearly doubled during -the past two decades, rising from 11 to 21 per cent.</p> - -<p>At this time it appears that some disquietude arose in the public -mind, both with regard to the alleged severity of discipline to which -Penal Servitude prisoners were subjected, and also with regard to the -contamination due to the association of all classes of convicts on -public works.<span class="pagenum"><a name="Page_37" id="Page_37">[Pg 37]</a></span> There was then no classification of prisoners sentenced -to Penal Servitude, and all herded together, irrespective of age, -antecedents, and habits. This disquietude led the Directors of Convict -Prisons to suggest to the Secretary of State that an independent -inquiry should be held into the Administration of Convict Prisons, -feeling confident that any full and impartial inquiry would tend only -to establish the soundness of the principle on which the Convict System -was founded and the care with which it was administered. A Royal -Commission was accordingly appointed in 1878, with Lord Kimberley as -Chairman, and their Report marks another epoch in the history of Penal -Servitude. The Committee advised an improved system of Classification -by placing in a distinct class those against whom no previous -conviction of any kind is known to have been recorded. This was the -origin of the "Star Class" System, <i>i.e.</i>, the formal separation -of the First Offender from the rest, which is one of the peculiar -features of the English Convict System. Since those days this system of -classification has been greatly improved and extended, as will be shown -later; but the "Star Class" represents the first and most practical -attempt to introduce the principle of segregation of the better from -the worse, which has since become so familiar as an essential condition -of any well organized Prison System. The Commission approved generally -of the rigour which had been introduced into the Penal Servitude System -by the Act of 1864, and subsequent Acts, which imposed and facilitated -stricter police supervision on discharge. They condemned, however, that -provision of the Act of 1864, by which seven years was made the minimum -sentence after a previous conviction for felony. They were, however, in -favour of retaining the minimum of five years for a sentence of Penal -Servitude.</p> - -<p>Another respect in which the Report foreshadowed the future development -of the System was the great stress laid on the importance of taking -steps to secure the inspection of Convict Prisons from time to time by -persons appointed by the Government unpaid and unconnected with the -Department. This idea was resisted in the minority Report by one of -the members of the Commission,<span class="pagenum"><a name="Page_38" id="Page_38">[Pg 38]</a></span> and also by the Prison Authorities of -that day. It denotes the want of public confidence which, at a time of -awakening interest and curiosity in the administration, was sure to -arise from a system of control which was vested in a close bureaucracy, -such as almost from necessity, having regard to the history of the -case, existed at that time for the management of Convict Prisons. -It was nearly twenty years later that the principle, not only of -unofficial visitation and inspection, but of actual co-operation in the -government of Convict Prisons, was recognized by the Prison Act of 1898.</p> - -<p>The succeeding ten years were marked by a remarkable fall in the number -of sentences to Penal Servitude. The average yearly numbers, which -for the five years ended 1864 had been 2,800, fell to 729 in 1890, or -about two per 100,000 of the population,—a point at which it remained -for many years; but during the last five years it has fallen to the -lowest on record, <i>viz</i>:—·9 representing only 340 committals during -the year. In 1891 an Act was passed reducing the minimum period of -Penal Servitude from five years to three, and various minor alterations -in the law affecting the practice of licensing convicts were also -made; thus, convicts were allowed to earn marks during the nine months -of separate confinement (with which each sentence commenced) in the -same way as during the remainder of their sentence, so that the -maximum remission to be earned is exactly one-fourth part of the whole -sentence: also convicts serving remanets of former sentences became -able to earn marks under remanets in the same manner as under original -sentences. The same Act also gave power to the Secretary of State to -remit the requirements as to reporting to Police on discharge.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_39" id="Page_39">[Pg 39]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_IV" id="CHAPTER_IV">CHAPTER IV.</a></p> - -<p class="center">PENAL SERVITUDE TO-DAY.</p> - - -<p>Three years later the principles of Prison treatment, as prescribed -by law for all Prisons, Local and Convict, were made the subject of -a fierce indictment in the public press. Criticism was directed, -not only against the principles of administration, but even against -the <i>personnel</i> of the administering authority. An inquiry, which -was ordered by the Secretary of State, had reference mainly to the -administration of Local Prisons which had been taken over by the -Government in 1877, and were administered by a Board of Commissioners, -distinct from the body of Directors, but it also called in question -the principle of a long period of separate confinement which had for -many years been the preliminary stage of a sentence of Penal Servitude. -It also considered the question of offences committed by Habitual -Criminals, whether in Local or in Convict Prisons, and offered the -opinion that a new form of sentence should be placed at the disposal of -Judges, by which such offenders might be segregated for long periods of -detention under conditions differing from those either of Imprisonment -or Penal Servitude.</p> - -<p>The changes that have taken place in the Penal Servitude System since -that date have been far-reaching and important.</p> - -<p>1. The Progressive Stage System has been recast with the object of -increasing the inducements to good conduct and industry in each Stage, -and to bring the benefits of the System within the reach of the great -majority of convicts who, by the shorter sentence of three years, -under the operation of the Act of 1891, were excluded from them. At -this time no convict whose sentence was less than six years, and -who, after deducting one-fourth<span class="pagenum"><a name="Page_40" id="Page_40">[Pg 40]</a></span> remission of sentence allowed to -all convicts, <i>was not more than four years in Prison</i>, could fully -profit by the System, and thus two-thirds of the convict population -were not in Prison for a sufficiently long time to be really subject -to the benefits which the Stage System offers. Only one-fourth just -got beyond the Second Stage, while one-third did not reach the Fourth -Stage, and none of these could reach the "Special" Class, which, with -the privileges it entails, may be regarded as the principal reward -which the Penal Servitude System affords. A convict in this Class earns -a special remission of one week and extra gratuity, wears a special -dress, and is eligible for special employment in positions of trust. -The wisdom and value of the system consists in its adaptation to each -period of sentence, so that it may be within the reach of each convict -who works hard and behaves well to gain privileges.</p> - -<p>2. Another serious defect in the Penal Servitude system at that time -was insufficient classification. There was no classification except -that of the "Star Class" as already described. The object of the "Star -Class" was to segregate prisoners not previously convicted and not -habitual criminals from those versed in crime. There were only 370 -convicts out of a total of nearly 3,000, or not much more than one in -ten, eligible for the "Star Class." The others were a heterogeneous -mass, who, although not considered eligible for the exclusive caste -of "Stars," yet, in age, character, and antecedents differed greatly. -To meet this, convicts are now divided into (<i>a</i>) the Star Class; -(<i>b</i>) the Intermediate Class; and (<i>c</i>) the Recidivist Class—each -class being, as far as practicable, kept apart by themselves, and not -allowed to associate with convicts of the other classes. (<i>a</i>) <i>The -Star Class.</i>—Any convict may be eligible for this class who has never -been previously convicted, or who is not habitually criminal or of -corrupt habits. Convicts in this class may be liable to be removed to -the Intermediate Class if found to exercise a bad influence over other -convicts; (<i>b</i>) <i>The Intermediate Class.</i>—Any convict may be placed in -this class who has not been previously convicted, but who, owing to his -general character and antecedents, is not considered by the<span class="pagenum"><a name="Page_41" id="Page_41">[Pg 41]</a></span> Directors -to be suitable for the Star Class; or whose record shows that he has -been previously convicted, but not of such grave or persistent crime -as would bring him within the Recidivist Class. Convicts in this Class -may be promoted to the Star Class on their showing proof of a reformed -character, or they may be reduced to the Recidivist Class if they are -known to be exercising a bad influence over other convicts. (<i>c</i>) <i>The -Recidivist Class.</i>—Any convict may be placed in this class who has -been previously sentenced to Penal Servitude or whose record shows that -he has been guilty of grave or persistent crime; or whose licence, -under a sentence of Penal Servitude, has been revoked or forfeited. -There is also a separate classification of convicts sentenced to Penal -Servitude who, on conviction, are under the age of 21 years.</p> - -<p>If under the age of eighteen, they may be sent by order of the -Secretary of State to a specially selected Prison for treatment under -the Rules for Juvenile-Adult prisoners. To those that remain in a -convict prison, the principles of Borstal treatment are applied as far -as practicable.</p> - -<p>A new category of convicts was also established known as the Long -Sentence Division, <i>i.e.</i>, convicts sentenced to 8 years or more, and -who had served more than five years under ordinary rules. These men -are specially located: they wear a special dress, earn gratuity, and -may purchase articles of comfort or relaxation. The rules provide for -meals in association, and for conversation at exercise and meals; and, -latterly, a still further category has been established known as the -"Aged Convicts" Division, in which a convict may be placed when it is -clear from his advanced age, and the length of the sentence remaining -to be served, that (1) he is physically feeble and not dangerous, -and (2) that he has little prospect of surviving the sentence in -confinement. Subject to good conduct, a prisoner in this class is free, -as far as possible, from all penal conditions.</p> - -<p>One of the recommendations of the Penal Servitude Commission of 1879 -was that Weakminded Convicts should be concentrated in special Prisons, -and placed in charge of specially selected officers. The medical -evidence given before the Prisons Committee of 1895 was<span class="pagenum"><a name="Page_42" id="Page_42">[Pg 42]</a></span> in favour of a -more effective concentration than had hitherto been carried out. Since -1897, all male convicts whose mental condition was considered doubtful -or defective have been transferred to Parkhurst Prison. The numbers -in this class increased, and the experience gained by the methods -adopted for their treatment enabled the Directors in 1901 to formulate -special regulations for their treatment. These regulations are of a -wide and general character, and admit of an elasticity of treatment -for the varying types classed as "weakminded"; at the same time they -ensure that the departure from the rules and routine applicable to -ordinary prisoners shall be minimised as far as possible, so that any -marked difference of treatment should not operate as an inducement -to malingering. A similar class for weakminded female convicts was -commenced at Aylesbury Prison in 1906.</p> - -<p>3. The period of Separate Confinement which, from the earliest days, -had preceded a sentence of Transportation or Penal Servitude, has, -during recent years, been the subject of much consideration. The -Separate System for convicts, as already explained, owes its origin -to a letter addressed in 1842 by the then Home Secretary, Sir James -Graham, to the Commissioners of Pentonville Prison. It was the -success realized at Pentonville in the early 'forties which has made -Separate Confinement part of the sentence of Penal Servitude in this -country from that day to this. When Transportation ceased, and with -it the system of selecting particular convicts, young and not versed -in crime, to undergo the Pentonville experiment with the hope and -prospect of freedom after eighteen months in a foreign but congenial -clime, the "System" still remained, but without the conditions which -had contributed to its success in the first instance. It seems that in -fact the <i>penal</i> and <i>deterrent</i>, rather than the <i>reformatory</i> value, -came gradually to be regarded as its basis and justification. It was -applied to <i>all</i> convicts, irrespective of age and antecedents. In 1853 -the period was reduced from eighteen months to nine months. It appears -that the former period of eighteen months was the subject of severe -criticism and of great prejudice by<span class="pagenum"><a name="Page_43" id="Page_43">[Pg 43]</a></span> those who formed their opinion on -rumours very prevalent at the beginning of the last century with regard -to the effect of the so-called "solitary" system as carried out in the -United States, with the accompaniments of darkness, absolute solitude, -absence of any employment, and unwholesome sanitary conditions. On -the other hand, an extensive experience had been gained in Local -Prisons, where cellular separation was already in force previously to -the Act of 1865, and had become in many Prisons the regular method of -executing a sentence of imprisonment up to two years. This strengthened -the position of those who argued that strict separation for eighteen -months could be carried out without disadvantageous results, on the -condition that prisoners were supplied with occupation and employment, -kept in physically healthy circumstances, and separated, not from all -other human beings, but only from each other. The nine months' period -seems to have been adopted as a sort of compromise with the prejudices -above referred to; and it had this further advantage—that by its -adoption, the expense of having to provide accommodation for <i>all</i> -convicts during separate confinement was greatly reduced, as twice the -number could be passed through this Stage under the limitation of nine -months. The penal or deterrent purpose of Separate Confinement for -convicts was, no doubt, greatly intensified by the Report of the Royal -Commission of 1868. That Commission reported as follows:—</p> - -<p>"The separate confinement to which convicts sentenced to Penal -Servitude are, in the first instance, subjected, seems to be regarded -with great dislike by most of them, and especially by those who are -criminals by profession. It appears that owing to the want of room -in the prisons for separate confinement, and the demand for labour -on Public Works at Portland and Chatham, the period of separate -confinement, during the last year, has fallen so short of the nine -months prescribed by the regulations, that the average has been only -seven months and twenty days. Arrangements ought at once to be made for -remedying this. We are of opinion that convicts ought to be kept in -separate confinement for the full period of nine months, except in the -case of prisoners who are<span class="pagenum"><a name="Page_44" id="Page_44">[Pg 44]</a></span> found unable to undergo it so long without -serious injury to their bodily or mental health. No considerations of -expense, whether connected with the necessity for additional buildings, -or with the loss of the labour of the convicts, ought to be allowed -to prevent this stage of punishment from being continued for the time -prescribed by the regulations. We think, too, that though separate -confinement, even under the present system, is, as has been said, -extremely distasteful to convicts, this wholesome effect on their minds -might be increased. It has been already mentioned that in Ireland the -diet is lower during the first four months, and that no work is given -to the prisoners for the first three months, except such as is of a -simple and monotonous character, in which they require little or no -instruction. This practice has been adopted because it has been found -that by far the greater number of convicts have no knowledge of any -trade, and when first taught one must necessarily be constantly visited -by their Instructor, whose visits tend to mitigate the irksomeness -of separate confinement. There appears to us to be much force in the -reasons which induced the Directors of the Irish Convict Prisons to -adopt these means for rendering separate Imprisonment more formidable, -and we therefore recommend that attempts should be made with due -caution to give a more deterrent character to separate Imprisonment in -the English Prisons."</p> - -<p>The Report of the Directors for 1863 shows that steps were at once -taken to enforce rigidly this stage of punishment. Fixed wooden -beds were substituted for hammocks; the assembling of convicts for -education in classes was discontinued, and the cell doors, which had -been formerly opened after two months, were kept bolted during the -whole period of separate confinement. The Governor and Chaplain of -Millbank both reported that these changes had been attended with a -visible improvement in the bearing and demeanour of the prisoners. -The Directors stated that their object was to render this stage of -punishment as <i>deterrent</i> as possible; to habituate convicts to habits -of order and obedience preparatory to their going on Public Works, and, -at the same time, to<span class="pagenum"><a name="Page_45" id="Page_45">[Pg 45]</a></span> avail themselves of this opportunity to educate -by means of cellular instruction.</p> - -<p>The great fall in the convict population which was taking place at this -time, and continued during succeeding years (the fall between 1854 and -1874 was from 15,000 to less than 9,000) led the Directors in 1873 to -attribute this remarkable decrease to the severe system which had been -established. They say:—"Whatever may be the causes which combine to -produce an increase or decrease of crime, this system of punishment -is certainly one of them, and the records of past Commissions of -Inquiry show that an increase of crime has generally been attributed -principally to defects in the Prison System. If punishment alone is not -to be relied on to diminish crime, it is certainly one of the means of -doing so, and it should be carried out so as to make imprisonment a -terror to evil-doers, as well as the means of bringing those subject to -it into better habits of mind by placing them under the influences to -which they would not ordinarily be subject."</p> - -<p>The last expression of public opinion on the point is in the Report of -the Committee of 1895. It was recognized that the purpose served by -the System was to give a more deterrent character to the sentence of -Penal Servitude. The practice of serving this period in Local Prisons -was regarded with disfavour; and it was suggested that the severity -of the System might be mitigated by a substantial reduction in the -period of separation, and by the introduction of such reformatory -influences as were brought to bear on convicts at Pentonville under -the original system. Soon after that date, there was a reduction in -the period for "Star" Class and "Intermediates," <i>viz</i>:—three and -six months, respectively, but nine months still remained for men -in the "Recidivist" Class. In 1909 the whole question of separate -confinement again came under review, when it was agreed that a short -period of separate confinement was a proper preliminary of a sentence -of penal servitude, in the same way as it is of an ordinary sentence of -imprisonment with "hard labour." It was regarded that to send convicts -direct to Convict Prisons from the outer world, fresh from a criminal -and disorderly<span class="pagenum"><a name="Page_46" id="Page_46">[Pg 46]</a></span> life, to associate with those whom discipline had -sobered, and, possibly, improved, would be fraught with evil; and that -there would be a constant introduction of newcomers from the outer -world with fresh news and incidents, causing general unrest in Convict -Prisons. It would give to the "old lag" what he most desires,—a -prompt renewal of association with his old companions, while to the -less criminal man it would be an intolerable suffering to be placed at -once in association at Public Works. After the fullest consideration, -the Commissioners advised that a change be made both in the duration -of the period of separate confinement for convicts, and in the method -of its execution. The Commissioners recognised that the difference of -the periods, three, six, and nine months served, respectively, by the -"Star," "Intermediate," and "Recidivist" Classes under the Rules then -in force, emphasized in a way which it might not be easy to defend, -the penal or deterrent effect of Separate Confinement. It was thought -simpler and more defensible to rest the Penal Servitude System on the -analogy furnished by the Local Prison Code, where a month's cellular -confinement precedes an ordinary sentence of Hard Labour, and that, by -analogy, three months' cellular confinement might be deemed a fitting -prelude to a sentence of Penal Servitude. Eventually, however, it -was decided that three months should be the period for "Recidivists" -only, and that the period for the convicts classed as "Star" and -"Intermediate" should be for one month, subject, of course, in every -case to medical advice, having regard to the convict's mental and -physical condition.</p> - -<p>4. The Prison Act of 1898 effected far-reaching changes in the Convict -System. (<i>a</i>) It placed the control of Local and Convict Prisons under -one Board: (<i>b</i>) It gave power to the Secretary of State to make -Rules for the government of Convict and Local Prisons, subject to -Parliamentary sanction, so that henceforth the whole Prison Code has -Parliamentary sanction, and can be altered at any time by Parliamentary -rule without the necessity for fresh legislation: (<i>c</i>) A Board of -independent Visitors was established for every Convict Prison with<span class="pagenum"><a name="Page_47" id="Page_47">[Pg 47]</a></span> -judicial powers analogous to those exercised by Visiting Committees of -Local Prisons: (<i>d</i>) Corporal punishment for offences against prison -discipline, which had hitherto been ordered by one of the Directors for -any serious offence, was limited by this Act to cases of gross personal -violence to an officer of the Prison, and to acts of mutiny. Such cases -are reported to the Board of Visitors and determined by them, subject -to confirmation by the Secretary of State. These provisions of the Act -of 1898 have been attended with remarkable success. Constant criticism, -which for many years had been directed against the System, has been -silenced. It is no longer contended that secret tribunals administer -unauthorized floggings, or that what goes on in Convict Prisons is -concealed from the light of day, without the opportunity of free and -independent inspection and inquiry. Floggings in Convict Prisons, -without any apparent effect on order or discipline, which, prior to -1896-7, averaged about thirty yearly, have gradually diminished, until, -for the past five years, the average has been less than two—and, at -the same time, offences against discipline amongst males have fallen, -only 21.7 per cent, last year incurring punishment, as compared with 31 -per cent, in 1896-7. The whole character of the administration has been -largely affected by this important Act, and the gloom and the mystery -which was popularly supposed to envelope the Convict System has largely -disappeared, and greater public confidence in the administration has -taken its place.</p> - -<p>Penal Servitude is the same in its essential features for men as for -women, except that the latter under the Progressive Stage System are -able to earn marks entitling them to a maximum remission of one-third, -and, in certain cases, are eligible to be sent to a Refuge under -conditional licence for the last nine months of their sentence. The -number of female convicts in the country has been steadily falling. -Since the Penal Servitude Act of 1864 the number received has decreased -from 468 in that year to an average of about 38 annually. Towards the -end of 1918, in view of the increasing number of young women committed -to the Borstal Institution at Aylesbury, the Convict Prison there was -closed, and a wing of Liverpool<span class="pagenum"><a name="Page_48" id="Page_48">[Pg 48]</a></span> Prison has been temporarily set apart -for women sentenced to penal servitude.</p> - -<p>The System pursued for rendering aid to discharged convicts, and the -means taken for their rehabilitation will be dealt with in a subsequent -Chapter.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_49" id="Page_49">[Pg 49]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_V" id="CHAPTER_V">CHAPTER V.</a></p> - -<p class="center">PREVENTIVE DETENTION.</p> - - -<p>Preventive Detention is the name given to a form of custody, provided -by the Prevention of Crime Act, 1908, for the protection of the -public from the Habitual Criminal. The Judge has the power of passing -a sentence of penal servitude for the particular crime charged in -the indictment, and to pass a <i>further</i> sentence ordering, from the -determination of the sentence of penal servitude, that the prisoner -shall be detained for a period not exceeding ten years in Preventive -Detention. Such a sentence cannot be passed unless the jury finds on -evidence that the offender is an "Habitual Criminal", that is to say, -that since the age of 16 he has been at least three times previously -convicted of crime, and that he is persistently leading a dishonest or -criminal life. During the public inquiry into Prison administration -of 1894 the question had been raised whether a new form of sentence -should not be placed at the disposal of the judges for dealing with -persons convicted of "professional" crime. The word "professional" is -used in a technical sense to denote men whose Penal Records show that -they have lived systematically by thieving and robbery, and that their -acquisitive instincts have not been controlled by the fear and example -of punishment. It appears from a census of the convict population of -1901 that of the total convict population of 2,879, no less than 1,342 -had been previously sentenced to penal servitude or to three or more -terms for serious crime involving sentences of six months and over. Of -these, no less than 1,213 were convicted of offences against property, -and it is interesting to observe that as we<span class="pagenum"><a name="Page_50" id="Page_50">[Pg 50]</a></span> descend from the best to -the worst, there is a proportionate increase of crime against property, -until it can be almost said that the "professional" criminal as defined -constitutes a separate and peculiar class which demands a special and -peculiar treatment. As stated in the volume of Judicial Statistics for -1897, "It is a fact that has to be faced that neither penal servitude -nor imprisonment serves to deter this class of offender from returning -to crime. His crime is not due to special causes such as sudden -passion, drunkenness, or temporary distress, but to a settled intention -to gain a living by dishonesty." It was proposed in 1903 to set up -in Convict Prisons a "Habitual Offenders" Division, and that Courts, -when satisfied that a person convicted on indictment of an offence -punishable by penal servitude after more than two previous convictions -on indictment, was leading a persistently dishonest or criminal life, -and that it was expedient for the protection of the public that he -should be kept in detention for a term of years, should have power, -after passing a sentence of penal servitude for not less than seven -years, to order that he should pass a certain period of his sentence in -the Habitual Offenders' Division.</p> - -<p>The object of the Bill was to make better provision for dealing with -persons who habitually lead a life of crime. In a Memorandum explaining -the Bill it was stated that "in the case of such persons, a sentence -of imprisonment has neither a deterrent nor a reformatory effect, and -in the interest of society, the only thing to be done with them is to -segregate them from society for a long period of time. It may not be -necessary, during that period of time, that their punishment should -be a severe one. All that is wanted is that they should be under -discipline and compulsorily segregated from the outside world. In the -case of a conviction for a small offence, <i>e.g.</i>, stealing a pair of -boots, both judges and public opinion would be averse to the passing of -a long sentence of penal servitude, such as would be appropriate to a -grave crime, however notorious an evil liver the offender may be. The -new prison rules have created a new Division of long term convicts, -for whom the ordinary convict discipline will be greatly mitigated, -and this Bill<span class="pagenum"><a name="Page_51" id="Page_51">[Pg 51]</a></span> authorizes judges to relegate habitual offenders, after -a brief period of punishment, to that Division, and thereby seeks to -encourage in appropriate cases the passing of long, as opposed to -severe, sentences." The project, however, did not pass into law, and -it was not till five years later, in 1908, that Parliament enacted -the very important Statute establishing a system of what is known as -"Preventive Detention," it being deemed expedient for the protection -of the public that where an offender is found by the Court to be a -habitual criminal, the Court should have power to pass a special -sentence ordering that, on the determination of sentence of penal -servitude, he may be detained for a period not exceeding ten nor less -than five years, under a system known as that of "Preventive Detention."</p> - -<p>In laying before Parliament the Rules for carrying out the Act, the -Secretary of State, Mr. Churchill, stated:—</p> - -<p>"Only the great need of society to be secured from professional or -dangerous criminals can justify the prolongation of the ordinary -sentences of penal servitude by the addition of such Preventive -Detention. It appears a matter of much importance that this should -be clearly understood, and that the idea should not grow up that -Preventive Detention affords a pleasant and easy asylum for persons -whose moral weakness or defective education has rendered them merely a -nuisance to society. The Secretary of State is satisfied that no case -has been established, either from the statistics of crime or otherwise, -for an increase in the general severity of the criminal code, and -certainly no increase of general severity was within the intention of -Lord Gladstone in proposing, or the House of Commons in passing, the -Prevention of Crime Act. On the contrary, it was intended to introduce -such mitigation into the conditions of convict life as would allow the -longer detention of those persons only who are professional criminals -engaged in the more serious forms of crime. This is indicated in the -Act by the fact that Preventive Detention cannot be imposed except for -a crime of such a character that it has justified the passing of a -sentence of penal servitude. It was,<span class="pagenum"><a name="Page_52" id="Page_52">[Pg 52]</a></span> moreover, repeatedly stated by -Lord Gladstone in the course of the debates that the Bill was devised -for 'the advanced dangerous criminal,' for 'the persistent dangerous -criminal,' for 'the most hardened criminals': its object was 'to give -the State effective control over dangerous offenders': it was not -to be applied to persons who were 'a nuisance rather than a danger -to society,' or to the 'much larger class of those who were partly -vagrants, partly criminals, and who were to a large extent mentally -deficient.' On the 12th June 1908, he explained to the House of Commons -that the intention was to deal not with mere habituals but with -professionals: 'For sixty per cent the present system was sufficiently -deterrent, but for the professional class it was inadequate. There -was a distinction well known to criminologists between habituals and -professionals. Habituals were men who drop into crime from their -surroundings or physical disability, or mental deficiency, rather -than from any active intention to plunder their fellow creatures or -from being criminals for the sake of crime. The professionals were -the men with an object, sound in mind—so far as a criminal could be -sound in mind—and in body, competent, often highly skilled, and who -deliberately, with their eyes open, preferred a life of crime, and knew -all the tricks and turns and manœuvres necessary for that life. It was -with that class that the Bill would deal.' Although, therefore, the -term 'habitual' is used, it is clear that not all habituals but only -the professional class is aimed at by the Act, which not only restricts -the use of Preventive Detention to those already found deserving of -three years' penal servitude, but provides many safeguards against the -too easy use of the new form of punishment."</p> - -<p>A new Prison for the reception of these cases has been constructed at -Camp Hill in the Isle of Wight, where it has been possible to secure -not only an admirable site, with sufficient ground for cultivation, -and for additional buildings, if necessary, but a locality which, -from the point of view of climate and salubrity, and opportunity for -agricultural work of a severe nature, is well adapted for the custody -and treatment of a new class of prisoner, for whom,<span class="pagenum"><a name="Page_53" id="Page_53">[Pg 53]</a></span> in conformity -with the words of the Act, it has been necessary to devise a treatment -which, while subject generally to the law of penal servitude, shall -admit of such modification in the direction of a less rigorous -treatment as may be prescribed; while, at the same time, they shall be -subjected to such disciplinary and reformative influences, and shall -be employed on such work as may be best fitted to make them able and -willing to earn an honest livelihood on discharge. The rules made, -attempt to follow, with as much precision as possible, the prescription -of the Act, which, it will be recognized, does not admit of a simple -or easy solution. They have been framed generally with a view that, -consistently with discipline and safe custody, there should be a -considerable modification of the severer aspects of a sentence of -penal servitude. Promotion from the ordinary to the special grade is -earned by good conduct and industry, as in penal servitude, but certain -privileges, such as association at meals, and in the evenings, smoking, -newspapers and magazines, &c., can be earned, as well as a small wage, -not exceeding threepence a day, part of which can be expended on the -purchase of articles of comfort from the canteen. Special provision has -recently been made for the location in what are called "Parole lines," -of such men as are, in the opinion of the authorities, qualifying for -conditional discharge. The rules permit a considerable relaxation of -discipline and supervision, so that each man may be tested as to his -fitness for re-entry into free life.</p> - -<p>It would, perhaps, in any case, have been impossible to have given a -definite opinion on the value of the system until a longer period of -time had elapsed. Such a judgment is rendered more difficult by the -fact that the operation and effect of the System has been, of course, -greatly affected by the intervention of the Great War. However, reports -of the Central Association, to whose care these men are entrusted -after release on conditional licence, and the reports of the Advisory -Committee (an unpaid body unconnected with official administration -appointed by the Secretary of State, under the Act, to advise him when, -in their opinion, conditional liberation may be opportune without -danger to the community, and <i>with reasonable<span class="pagenum"><a name="Page_54" id="Page_54">[Pg 54]</a></span> possibility of good -behaviour</i>), furnish material on which an estimate may be formed, both -as to the future working and the success of the system.</p> - -<p>Since the Act came into operation on the 1st August 1909, 577 persons -have been sentenced to Preventive Detention. Of 389 cases released, -no fewer than 325, or 84 per cent., were considered sufficiently -promising to be released on licence, while of the remaining 64 who -served their whole sentence of Preventive Detention, many were mentally -or physically deficient. Of the 389 cases, the Central Association has -recently reported that no unsatisfactory report has been received in -the case of 210, or 54 per cent.</p> - -<p>The singular success of the Central Association in dealing with these -cases on discharge, representing, as they do, the worst and most -dangerous class in the community, naturally suggests reflection as to -the comparative merits of the systems of licensing on discharge from -Penal Servitude and Preventive Detention, respectively. Under the Penal -Servitude system, a convict can, by industry and good conduct, reduce -his sentence by as much as one-fourth. On discharge he remains, during -the unexpired portion of his sentence, under a licence which compels -him to report his place of residence to the Police of the district, -and to notify them of his intention to remove, and of his arrival in -a new district, and to report to the Police once a month. A prisoner -under Preventive Detention remains in custody only until the Advisory -Committee are able to report that, if licensed, there is a reasonable -probability of his abstaining from crime; but he is licensed, not to -the Police Authorities, but to the Central Association—a voluntary -Association subsidized by the Government for the after-care of -convicts. The form of licence is quite different from that used on -discharge from Penal Servitude, and compels a man to proceed to an -approved place, not to move from that place without permission, to be -punctual and regular in attendance at work, and to lead a sober and -industrious life to the satisfaction of the Association. The Police -licence may be described as negative in character, <i>viz</i>:—it only -prescribes that a man shall abstain from crime. The licence to the -Central Association is positive, as<span class="pagenum"><a name="Page_55" id="Page_55">[Pg 55]</a></span> prescribing that, under careful -and kindly shepherding and supervision, a man shall actually work where -work is found for him, and shall remain at work under the penalty of -report for failing to observe the conditions of licence. The difference -between the negative and positive forms of licence has been the subject -of much discussion in the United States of America, where the English -methods, as prescribed by the Penal Servitude Acts of last century, -have been ruled out of court by a strong public opinion, which insists -that for many of the crimes for which men are sentenced to Penal -Servitude, it is neither necessary nor reasonable to inflict a long -period of segregation under severe penal conditions. It is felt there, -as it is by many people in this country, that a comparatively short -period, followed by discharge on <i>positive</i> licence, with liability to -forfeiture on relapse, would restore many men to normal conditions of -life before the habit of hard work had been blunted by imprisonment, -and family and other ties broken, and would save large sums of public -money now spent on imprisonment.</p> - -<p>The application of the principle of Preventive Detention to our -Penal Servitude System would, of course, involve the question of the -Indeterminate Sentence. That opinion is hardening in the direction of -some such system in lieu of Penal Servitude is demonstrated by the -fact that at the last International Congress in Washington in 1910, a -resolution in favour of the Indeterminate Sentence, as a punishment for -grave crime, was carried unanimously by delegates representing most of -the countries of Europe and of the civilised world.</p> - -<p>The successful working depends almost entirely on the capacity and -discretion of the Advisory Committee, appointed under Section 14(4) -of the Act of 1908, and what success has been attained is due to the -care taken by the Committee in the investigation of each individual -case, and in the suggestions offered to guide the Secretary of State -in deciding the question of conditional release. By the death of Sir -Edward Clayton, Chairman of this Committee since 1914, a great public -loss has been sustained. He devoted himself during the latter years -of his life with untiring energy to the duties of this office,<span class="pagenum"><a name="Page_56" id="Page_56">[Pg 56]</a></span> for -which he was pre-eminently qualified by his long experience in prison -administration, as well as by largeness of view and understanding of -the criminal problem. From the elaborate Memorandum which he wrote -shortly before his death, it appears that his experience at Camp -Hill made him a strong advocate of the Indeterminate Sentence, and -he feared that the fixing of a definite limit, irrespective of a -man's reformation, may defeat eventually the intention of the Act. -The intention of the Act was, it will be remembered, primarily that -there should be no fixed limit of detention, but Parliament thought -otherwise, and the present limit of ten years, with a minimum of five, -was decided upon.</p> - -<p>Sir Edward Clayton was succeeded by Mr. Arthur Andrews, J.P., as -Chairman of this Committee. Mr. Andrews has devoted himself for many -years with great zeal to the functions of the Committee over which -he now presides. He has lately reported to the effect that, in the -opinion of the Advisory Committee, after reviewing the history of the -Scheme since its inception in 1912, "it is an unqualified success." -They consider the Scheme, as now applied, "is highly satisfactory, and -productive of the best results; and that great credit is due to all -concerned in its administration. The reformative influence of Camp Hill -and the Parole Line System deserve commendation, and the fact that none -of the 175 prisoners who have been located in the Parole Line Cabins -made any attempt to break parole, and that it has only been necessary -to remove three for misconduct, testifies to the success of the plan -which provides a stepping-stone from imprisonment to liberty."</p> - -<p>"The Committee also desire to make special reference to the work of -the Central Association, and to the excellent system of providing -employment and keeping in touch with the men under their supervision. -The success of the Preventive Detention Scheme is greatly due to the -exhaustive efforts of the officials of the Association."</p> - -<p>On reviewing and comparing the figures afforded by the Central -Association's Reports, there can be little doubt that Preventive -Detention, as a supplement to our penal system, has, so far, yielded -much more favourable results<span class="pagenum"><a name="Page_57" id="Page_57">[Pg 57]</a></span> than could have been originally expected. -The Committee recognise that the high proportion of successes is -probably, to a considerable extent, attributable to the war, inasmuch -as the Army provided a wide field of employment, and the labour market -offered almost unlimited work for both skilled and unskilled men. -As a result, many habitual criminals have renounced their criminal -tendencies in favour of honest work, and those who have joined the Army -are there the subjects of a disciplinary organisation which is probably -an important factor in their reformation.</p> - -<p>There is, of course, an element of doubt as to whether all these men -would have abstained from crime in a normal environment, but the manner -in which they responded to their country's call indisputably proves -that in the worst of criminals there is a latent moral strain which can -be brought to the surface under favourable conditions; and, moreover, -the splendid example afforded by those who acquitted themselves so well -has probably a more far-reaching effect on their late fellow prisoners -at Camp Hill than is apparent.</p> - -<p>These facts certainly justify the hope that a successful attempt -has been inaugurated for dealing with the problem of Habitual Crime -and of Recidivism. As an additional security that the great powers -vested in the judge may not be appealed to lightly, and without the -fullest consideration, the Act provides that the consent of the -Director of Public Prosecutions must be obtained before a charge -for dealing with a prisoner as an Habitual Criminal can be inserted -in the indictment. This is sufficient guarantee that the intention -of Parliament, <i>viz</i>:-that the somewhat drastic provision, by which -the offender guilty of a grave crime can, after expiating a sentence -of penal servitude for that offence, be deprived of his liberty for -another period of ten years in the general interest, and for the -protection of society, shall not be applied to persons who, as stated -in Mr. Churchill's Memorandum, are "a nuisance rather than a danger to -society, or to the much larger class of those who are partly vagrants, -partly criminals, or who are, to a large extent, mentally deficient." -In other words, it must be clearly understood that this defensive power -is not meant<span class="pagenum"><a name="Page_58" id="Page_58">[Pg 58]</a></span> to be used as a protection against Recidivism in petty -offences. It does not touch that large army of habitual vagrants, -drunkards, or offenders against bye-laws and Police Regulations, who -figure so largely in the ordinary prison population. It is a weapon of -defence to be used only where there is a danger to the community from -a professed doer of anti-social acts being at large, and reverting -cynically on discharge from prison to a repetition of predatory action -or violent conduct. Used in this way, with caution, it is, I think, -an invaluable instrument for social defence. It has remained rusty -during the war, only 80 having been sentenced under the Act during the -last four years; but it remains ready for application in the event of -the recrudescence of grave habitual crime, and it is earnestly to be -desired that both Judicial and Police Authority may make use of the -great powers conferred upon them by the Act to relieve society, at -least for a time, of those who are its professed enemies. The Act also -applies to women, but only eleven have been sentenced to Preventive -Detention since the Act came into force, and at present there are none -in custody.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_59" id="Page_59">[Pg 59]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_VI" id="CHAPTER_VI">CHAPTER VI.</a></p> - -<p class="center">IMPRISONMENT.</p> - - -<p>Under the Common Law all gaols belonged to the King and by 5 Henry 4. -c. 10, it was enacted that none should be imprisoned by any justice -of the peace, but only in the "Common Gaol," saving the franchises of -those who have gaols. Except in special cases the gaols were under -the control of the sheriff, but the gaols which great noblemen and -bishops were allowed to maintain must have been governed by these -dignitaries, while the gaols which towns, liberties, or other bodies, -having no sheriffs, were empowered by charter or otherwise to keep, -must have been under the governing authorities of those bodies. By the -39th Eliz., another place of imprisonment was established for certain -classes of offenders, under the name of "House of Correction," and 7 -James 1. c. 4, directs that, in every county, such a house should be -established, and means provided for setting rogues and idle persons -to work. These establishments were under the justices. The custom -gradually grew up of committing criminals of all classes to Houses of -Correction, and was legalized by 6 Geo. 1. c. 19 and 5 & 6 Will. 4. c. -38. s. 3, by which latter Act even sentence of death might be carried -out at these places; but debtors could still be committed only to the -Gaol and vagrants only to the House of Correction; and though it became -common to unite the two buildings under one roof, with one governing -staff, the two superior jurisdictions of the sheriff and the justices -over what was virtually one establishment were still maintained.</p> - -<p>The title "House of Correction" was subsequently abolished by the -Prison Act, 1865, and since that date "Local Prison" has been the -official designation of the place of detention of persons sentenced -to imprisonment.<span class="pagenum"><a name="Page_60" id="Page_60">[Pg 60]</a></span> A "Convict Prison" is a place of detention for a -person sentenced to penal servitude. There are fifty-six Local Prisons -in which sentences of imprisonment are served, (though 14 have been -temporarily closed during the war). They vary in size, from the large -Local Prisons in London, Manchester and Liverpool, with an average -population of 1,000 or more, to the small prisons in country districts -with a daily average of less than 100. By the Prison Act of 1877, the -entire management of these prisons was transferred from the various -local jurisdictions to the State, and the cost incidental to their -maintenance from the local rates to the Imperial Exchequer. They are -vested in the Secretary of State for the Home Department, and are -administered, subject to his approval, by a body of Commissioners -appointed by the Crown.</p> - -<p>Although by Common Law imprisonment only involves deprivation of -liberty, yet by a series of statutes extending from the middle of -the eighteenth century to the present day, the nature and methods of -imprisonment have undergone successive modification. These I propose to -trace shortly, so that the present system of imprisonment, in its two -principal forms—"with," and "without hard labour"—may be understood. -There is probably no legal phrase so imperfectly understood, or which -in its application has been so embarrassing to the administration, or -which has to a greater extent misled the Courts of law in assigning -punishment, as the phrase "hard labour." By its comparison with the -French "<i>travaux forcés</i>" it has created an impression in foreign -countries that it is a very severe penalty, applied only for the -greatest crimes; at home it obscures the principle that in prison all -labour is hard, <i>i.e.</i>, that all prisoners are punished with an equal -prescribed task, whether they be sentenced to imprisonment with or -without hard labour: and in penal servitude, where the manual labour is -of the hardest, the phrase has no legal existence.</p> - -<p>The reform of the English Prison System originated towards the end -of the eighteenth century with the public exposure made by the great -Howard on the deplorable condition of our gaols, and his statue in St. -Paul's Cathedral fitly commemorates the gratitude of<span class="pagenum"><a name="Page_61" id="Page_61">[Pg 61]</a></span> his country for -the services he rendered to humanity. The story of his life is well -known: how, being seized by a French privateer on his way to Lisbon -in 1755, he was thrown into a dungeon at Brest, and so had personal -experience of the horrors of imprisonment: how in 1773 the duties of -his office as High Sheriff of the County of Bedford led him to inquire -into the state of Prisons in England and Wales: how in 1774 he was -examined by the House of Commons on the subject, and had the honour of -receiving the thanks of that Body: how he devoted his later life to -the inspection of prisons at home and abroad until his celebrated work -on the "State of Prisons," published modestly at his own expense in a -provincial town, awakened the public conscience to all the horrors of -imprisonment; how, owing to his influence, not only statesmen, lawyers, -and philosophers, but all the uninstructed public opinion of the day, -now, for the first time, began to realize that the whole penal system -was a scandal and a disgrace.</p> - -<p>The Prison Act of 1778 is the beginning of the English Prison -System. This measure, the result of the joint labours of Mr. Howard, -Sir William Blackstone, and Mr. Eden, was due, not only to the -newly-awakened interest in the treatment of prisoners, but to the -political necessity for making provision for keeping our prisoners at -home, which had resulted from the loss of the American Colonies. In -this Act the principle of separate confinement with labour, and of -religious and moral instruction, is clearly laid down and enforced. -In the year 1781, a further Act was passed, making it compulsory for -Justices to provide separate accommodation for all persons convicted -of felony who were committed for punishment with hard labour, it -being recited in the preamble to the Act that in the absence of such -provision "persons sentenced for correction frequently grow more -dissolute and abandoned during their continuance in such houses."</p> - -<p>The principle of separate confinement having been thus recognized -by Parliament, the Justices of some Counties, including Sussex and -Gloucester, respectively, started the local prisons of Horsham, -Petworth, and Gloucester, on the separate plan, and they furnish -interesting historical<span class="pagenum"><a name="Page_62" id="Page_62">[Pg 62]</a></span> record of the formal adoption in this country -of a system which, a few years later, under American influences, became -generalized throughout the civilized world.</p> - -<p>The proposition of Mr. Jeremy Bentham for a new and less expensive mode -of employing and reforming convicts, by the construction of a large -establishment, called by him a "Panopticon," appears to have diverted -public attention from the real end and object of imprisonment; and this -proposition, being finally abandoned in 1810, led to the consideration -of fresh plans, which ended in a system of so-called "<i>Classification</i>" -as established in 1822, by the Act of 4th George IV., Cap. 64. Until -Mr. Crawford's visit to the United States, separate confinement, though -established in 1775, and only ceasing to be enforced when broken in -upon by numbers for whom the accommodation was insufficient, appears to -have been almost entirely lost sight of. An approximation to it existed -at Millbank since the completion of that Prison in 1821, and a fair -example of the system had been in operation at Glasgow since the year -1824. It is very doubtful, however, after the enormous expenditure made -to effect classification, whether these traces of the system would have -rescued it from oblivion without the aid derived from its practical -development in the United States, and the concurrent testimony given in -its favour by eminent men in France, Prussia, and Belgium.</p> - -<p>By some curious growth of sentiment, which cannot be accurately -traced, <i>Classification</i> rather than <i>Separation</i>, became the leading -idea of those interested in prison reform. Howard was quoted as the -authority for Classification, but it must be remembered that Howard -was chiefly moved by the physical suffering of prisoners, and, with -him, classification did not mean much more than to separate the debtor -from the felon, the guilty from the innocent, the men from the women, -and the adult from the child,—and this by a system of separate -confinement described in the Act of 1778. The classification in the -sense in which it affected the movement of opinion in the first quarter -of the last century went further than this. It seems to have assumed -that if prisoners in the same categories, and, therefore, presumably -of more or less the<span class="pagenum"><a name="Page_63" id="Page_63">[Pg 63]</a></span> same moral characters, were associated together -in common rooms or dormitories, no evil results were likely to follow, -and facilities for labour, according to Bentham's ideas, would be -greatly improved; and thus we find that in 1823, the Act of 4 Geo. -IV., c. 64, in so far as discipline is concerned, gave effect mainly -to this principle. Many extensive and important prisons were erected -in conformity with this Act, notably at Maidstone, Derby, Westminster, -Chelmsford, and Leicester, in which the Governor's house was usually -placed in the centre with detached blocks of cells radiating from it. -The average size of the cells was only about eight feet by five feet, -with a day room and yard of proportionate size for each different -class or category of prisoners. The only inspection was from the -central building, and there was no interference with the unrestricted -association of prisoners, and the greatest neglect, disorder, or -irregularities might go on unperceived; and it soon became manifest -that, to whatever extent classification might be carried, there was -no moral standard by which it could be regulated, nor any limit short -of individual separation that could secure any single prisoner from -contamination. The mischievous effect of this Act was soon condemned -by public opinion, and two Parliamentary inquiries were held in 1832 -and 1836, which concurred in the strong opinion that more efficient -regulation should be established in order to save all prisoners, -especially the untried, from the frightful contamination resulting -from unrestricted intercourse. It was at this time that the great -controversy between the so-called "Silent" and "Separate" Systems -sprang up in the United States, and its echo was felt throughout the -civilized world. The rival systems of Auburn and of Philadelphia became -the historic battleground in which was fought out the great and burning -controversy which centred round the question of the proper treatment of -prisoners, and established the importance of the now accepted principle -that prison discipline shall be reformatory at least to this extent, -<i>viz</i>:—that the prisoner shall not be exposed to contamination by his -fellows. The Silent System at Auburn meant a separate cell at night, -and work in association by day under a<span class="pagenum"><a name="Page_64" id="Page_64">[Pg 64]</a></span> Rule of Silence. The Separate -System at Philadelphia meant entire separation both by night and day. -The criticism on the former was that the Rule of Silence could only be -maintained by harshness and severity, and the criticism of the latter -was that continuous separation for long periods was unnatural and -bad, both for body and mind. Mr. Crawford, one of the newly-created -Inspectors under an Act of 1835, was sent to America to examine and -report upon the rival Systems. MM. De Beaumont and De Tocqueville -went from France; Dr. Julius and M. Mittermeyer from Prussia; and M. -Ducpetiaux from Belgium. All travelled at the same time through the -United States for the same purpose, and their practically unanimous -views in favour of the principle of separate confinement had a great -effect on public opinion throughout Europe. In England, Lord John -Russell, then Home Secretary, issued a circular to Magistrates calling -attention to its advantages, and in 1839 an important Act was passed -containing a permissive Clause to render it legal to adopt the separate -confinement of prisoners. It was, however, an express condition that -no cell should be used for such purpose "which was not certified to -be of such a size, and ventilated, warmed, and fitted up in such a -manner as might be required by a due regard to health." Also that a -prisoner should be furnished with the means of religious and moral -instruction, with "books and labour or employment." These were the -first substantial steps taken in England since 1775 for establishing -separate confinement. No prison in Great Britain, excepting perhaps -that at Glasgow, was of a construction to enable magistrates to take -advantage of the clause referred to. Lord John Russell, therefore, -determined on the erection of a model prison at Pentonville.</p> - -<p>It was completed in 1842, and a strong body of Commissioners was -appointed by the Secretary of State to work out the great experiment. -The Commissioners, in their Report for 1847, gave it as their final and -deliberate opinion that the separation of one prisoner from another -was the only sound basis upon which a reformatory discipline could be -established with any reasonable hope<span class="pagenum"><a name="Page_65" id="Page_65">[Pg 65]</a></span> of success. The satisfactory -progress of the experiment, and the confidence of the public in the -Commissioners, under whose superintendence the experiment had been -conducted, led to a general desire for its adoption throughout the -country, and within a very few years many Prisons which had been -recently erected for a Classification System were altered.</p> - -<p>In 1850, a Select Committee of the House of Commons, presided over -by Sir George Grey, the then Home Secretary, expressed the opinion -that, under proper regulation and control, separate confinement is -more efficient than any other system which has yet been tried, both in -deterring from crime and in promoting reformation, but that it should -not be enforced for a longer period than twelve months; and that hard -labour is not incompatible with individual separation.</p> - -<p>The student of the English Prison System must be careful to bear in -mind at this juncture that the Secretary of State was not, as he -now is, the supreme head of all Prisons in the country. He only had -control over prisons where persons sentenced to Transportation might -be confined. Pentonville, therefore, was not a local prison to which -prisoners of the Metropolis would be committed in the ordinary course, -but was specially built in order that an experiment of the System of -Separate Confinement might be made by the authority of the Government -under the best possible direction and superintendence. The corpus on -which this experiment was made were first offenders between eighteen -and thirty-five sentenced to Transportation, for whom a period, not -to be prolonged beyond eighteen months, should be one of instruction -and probation, rather than of severe punishment before the convict -was shipped to Van Diemen's Land. Everything was done to render the -separation real and complete: exercise was taken in separate yards, and -masks were worn to prevent recognition. While primarily the Pentonville -system was applied to convicts only, and became in fact the basis of -our penal servitude system, as explained in the former chapter, yet it -led indirectly to the establishment of the separate system in Local -Prisons throughout the country. Although the Secretary of State had -no<span class="pagenum"><a name="Page_66" id="Page_66">[Pg 66]</a></span> control over the administration of Local Prisons, yet, apart from -the influence which the Secretary of State would naturally exercise -in directing public opinion in such a matter, an Act of 1835 had -made provision that all Rules framed by local Justices for Prisons -should be subject to his approval; and the Act of 1844 authorised the -appointment of a Surveyor General of Prisons to aid the Secretary of -State by ensuring that due attention was given by local Authorities to -the requirements of proper prison construction as prescribed by Act of -Parliament.</p> - -<p>Thus the Separate System became gradually established throughout the -country, both for convicts in the early stage of their imprisonment, -and for those committed to the County and Borough Gaols, although -uniformity was very far from being established owing to the absence of -any central control. It was this absence of uniformity which led later, -as we shall see, to the complete centralization of the Prison System, -which was effected finally by the Prison Act, 1877.</p> - -<p>At the same time, two principal features of our prison system—Separate -Confinement and Hard Labour—began to assume a definite shape at -this period, which has been retained, subject to modification, until -the present day. The duration of the period of Separate Confinement, -and the regulation of the task of hard labour, consistently with -cellular confinement, remained the problem of prison administration -for many years, and cannot yet be said to be finally settled. There -will be found running through all this period an earnest attempt to -reconcile the claims of the two admitted objects of imprisonment, -<i>viz</i>:—deterrence and reform. On the one hand there was strict -separation, and on the other hand it was ordained that provision -should be made in every prison for enforcing sentences of hard labour -as enjoined by the Act of 1823, although that Act, as already stated, -did not contemplate separate confinement, but a system of associated -labour, and the word "Hard Labour" only assumed its narrow and -technical meaning when the advocates of the Separate System, as the -means of reformation, were unwilling altogether to lose sight of the -necessity for some<span class="pagenum"><a name="Page_67" id="Page_67">[Pg 67]</a></span> deterrence in the shape of hard work. The question -thus arose, and was warmly agitated, as to how hard labour could be -adapted to the cellular system, and we find great ingenuity expended -in devising forms of labour, such as cranks and treadwheels, in which -each prisoner occupied a separate compartment. These particular forms -of labour were recognized as "hard labour" <i>par excellence</i>, and as -necessary for the due punishment of the offender, consistently with his -occupation of a separate cell by day and night. With these problems -unsettled: with a strange and general ignorance of the true principles -of punishment: with conflicting views and diverse authorities, it is -not to be wondered at that, during the following years, our Local -Prison System was in a very confused and chaotic state, although -nominally professing adhesion to prescribed principles, until inquiry -made by Committees of the House of Commons and House of Lords, -respectively, into the state of Local Prisons, in 1850 and 1863, led -practically to the modern Prison System.</p> - -<p>The Committee of 1850 condemned the state of existing prisons in -unmeasured terms, declaring "that proper punishment, separation, or -reformation was impossible in them." They anticipated by a quarter of -a century the legislation of 1877 by advising the establishment of a -Central Authority for enforcing uniformity on the lines of Rules laid -down by Parliament. They advised that the Separate System, as carried -out at Pentonville, should be generally applied to all prisons, but -not for a longer period than twelve months. No action was taken on -this Report until, in 1863, a Committee of the House of Lords again -condemned the want of uniformity of punishment and treatment of -prisoners, and the bad construction of prisons. They again urged that -separation should be the rule in all prisons, and strongly advocated -greater severity as a means of making punishment really deterrent, -and their proposition that prisoners should endure "hard labour, hard -fare, and a hard bed," has become historical, and was translated into -practice by the Prison Act, 1865, which, for the first time, gave legal -sanction to the principle of uniformity, by enacting a code of Rules as -a schedule to the Act. These Rules, having statutory authority,<span class="pagenum"><a name="Page_68" id="Page_68">[Pg 68]</a></span> were -only capable of alteration or repeal by Parliament itself. The great -rigidity thus given to the System remained a barrier to real progress, -and it was not until 1898, as I shall show later, that an elasticity -was given to the System by the repeal of this schedule, by vesting in -the Secretary of State the power to make Rules for the government of -Prisons, subject to the condition that the new Rules should be laid -formally before Parliament before they could be adopted.</p> - -<p>However, the Act of 1865 was a great step forward. Prisons still -remained under the control of the local Justices, but every prison -authority was required to provide separate cells for all the different -classes of prisoners. These cells were to be such as could be certified -by an Inspector of Prisons that they satisfied all the requirements of -the Rules. Elaborate provisions were introduced for regulating "Hard -Labour," (a phrase carried on from early Acts of Parliament, framed -before the days of scientific accuracy). It was divided into two -classes: (1) the treadwheel, shot-drill, crank, capstan, stonebreaking, -&c. (2) any other approved form of labour. All prisoners over sixteen -were required to be kept to first class labour for at least three -months, after which time they would qualify for the second class. -Dietaries were to be framed by the Justices, and approved by the -Secretary of State, and any Rule they might make was to be subject -to the approval of the Secretary of State. If they failed to comply -with the Act, the Secretary of State was able to stop the Treasury -contribution towards expenses of the Prison. It was also authorised, -for the first time, that a prison authority might make a grant in aid -of prisoners on discharge. The Schedule to the Act comprises details of -the Rules regulating the administration of the Act on matters of Prison -treatment. The power of punishment was restricted to Justices and the -Governor of the Prison, the latter having power to order an offender -to be placed in close confinement for three days on bread and water; -the former could order one month in a punishment cell, or, in the case -of a convicted felon sentenced to hard labour, could order flogging. -Regulations were also made for the use of irons<span class="pagenum"><a name="Page_69" id="Page_69">[Pg 69]</a></span> or other forms of -mechanical restraint. The important principle was enacted, which has -since remained in force, <i>viz</i>:—that no prisoner may be employed in -the discipline of the prison, or the service of any officer, or in the -service or instruction of any other prisoner.</p> - -<p>Many years had not passed before it was perceived that the uniformity -of punishment at which the Act aimed was not being secured. It began -to be perceived, and most quickly by the criminal classes themselves, -that in the different localities the same effect was not being given to -the same sentence. Distribution of power among so many Justices—some -2,000 in all—gave occasion to the exercise by them of different -views and methods of punishment, with the result that no standard of -treatment was maintained, applying equally to all prisons, and severity -or leniency of treatment seemed to depend on the accident of the -locality in which the offender was arrested. Inquiry showed, also, that -the System, besides being inefficient, was extremely costly, and many -unnecessary prisons were being maintained, and that local sentiment -operated against any effective supervision or control on the part of -the Central Authority. These causes, taken in conjunction with an -active demand, which found expression in Parliament at the time for -the relief of some of the burden of local taxation, led the Government -of the day to adopt a policy of complete centralization of the Prison -System of the country. This new policy, as embodied in the Prison Act, -1877, resulted then from two causes,—a desire to establish a system of -equal and uniform punishment under the direct authority of the State, -and, incidentally, to relieve the taxpayer of the burden of maintaining -Prisons. It was not to be expected that the local Authorities, -naturally jealous of their rights and privileges, would abandon the -control of the Prison System without a severe struggle. But the great -relief offered to local rates, amounting to about half-a-million pounds -per year, was sufficient to overcome opposition. Eventually, the Act -transferred the whole of the Prison establishments, and their contents, -to the control of the Government. It created a body of Commissioners, -appointed by Royal Warrant, to manage<span class="pagenum"><a name="Page_70" id="Page_70">[Pg 70]</a></span> the new Department, and placed -under them a staff of Inspectors, and of other officers, by whom the -control of all those establishments was to be exercised. The Act -compelled the local authority to hand over to the Government suitable -and sufficient accommodation in each district, the test of sufficiency -being the average daily number of prisoners maintained by the local -authority during the five previous years. Where such accommodation was -in default, the local prison authority was required to pay £120 for -every prisoner for whom such accommodation was not handed over. At -the same time, compensation was paid by the Government to the local -authority which had provided a reasonable amount of accommodation in -excess of the maximum of the average numbers received for the five -preceding years.</p> - -<p>Although the Justices lost their administrative powers, they remain -in the shape of the "Visiting Committee," a body selected from the -local Magistracy, as the judicial authority of Local Prisons, for -hearing and determining reports against prisoners, and for the award -of punishment. They also have large general powers of advice and -suggestion; and the admitted success of the policy of centralization -has been undoubtedly due to the wise compromise which continued the -interest and concern of the local Magistracy in their local prisons; -and which ensured not only just and patient hearing of reports against -prisoners, but permitted reports on any abuses within the prison, -and on complaints made by prisoners, by an independent judicial and -unpaid body; and provided, at the same time, a tribunal to which the -Secretary of State could always refer with confidence any question that -might arise as between prisoners and the State. In certain respects, -however, the judicial powers of the local magistrates were curtailed, -<i>e.g.</i>, powers of ordering confinement in a punishment cell were -reduced from twenty-eight to fourteen days, and the award of corporal -punishment was made dependent on the concurrence of two magistrates. -In other respects, the tendency of the Act was towards a greater -humanity of treatment. The rigid provisions of the Act of 1865 as to -the enforcement of first class hard labour were modified. Under that -Act, it was enforced<span class="pagenum"><a name="Page_71" id="Page_71">[Pg 71]</a></span> for the whole of a sentence of three months, or -even for an entire sentence, however long. Under the Act of 1877, the -compulsory period was limited to one month. Another notable feature of -the Act was the classification of prisoners into two divisions, one of -which was that any person convicted of misdemeanour and sentenced to -imprisonment without hard labour, might be ordered to be treated as a -misdemeanant of the First Division, and, as such, was not deemed to be -a criminal prisoner. Persons convicted of sedition or seditious libel, -or imprisoned under any rule, order, or attachment, or for contempt of -any Court, were to be placed in the First Division.</p> - -<p>It is difficult to say whether the legislature intended this -division, which, on the face of it, was a bold step in the way of -differentiation, to be more than a reservation in favour of a few -exceptional cases, such as are actually mentioned in the Act. The -presumption is, having regard to the fact that prisoners treated as -First Class Misdemeanants were not to be deemed criminal prisoners, -that there was no intention to anticipate an elaborate classification, -such as is now laid down, and that it was not realized what a vast -importance rested in Classification, strictly so-called, and which -finds its expression in the Prison Act, 1898. The powers given to the -Secretary of State to make Rules under the Act of 1877 extended to such -important matters as the treatment of prisoners awaiting trial, and of -debtors; and the Rules then made, although modified in some details, -remain essentially the same to-day. The principle of governing prisons -by Rule made by the Secretary of State, subject to Parliamentary -sanction, was still further developed in the Act of 1898, and may be -said now to have been finally accepted as a wise and effective method -for securing progressive change and reform without the necessity for -revoking or enacting by the machinery of an Act of Parliament.</p> - -<p>The Commissioners appointed under the Act took over their new duties on -the 1st April, 1878. On that day, thirty-eight out of the 113 existing -Prisons were closed. Sir Edmund Du Cane, the Chairman of the new Board -of Commissioners, had been for some time<span class="pagenum"><a name="Page_72" id="Page_72">[Pg 72]</a></span> Chairman of the Board of -Directors administering Convict Prisons, and his influence soon became -predominant till his retirement in 1895. His great administrative -powers were devoted to securing the objects which, in his opinion, the -Prison Act, 1877, intended to secure, <i>viz</i>:—(1) the application to -all Prisons of a uniform system of punishment: (2) the best possible -method for carrying out the primary object of punishment, <i>viz</i>:—the -repression of crime: and (3) economy in expense.</p> - -<p>As to (1), uniformity was secured by the adoption, as in the Convict -Prisons, of a Progressive Stage System: by the adoption of a uniform -and scientific dietary: a uniform system of education: a uniform system -of first class hard labour by means of the treadwheel, the task for -which was regulated by the most minute instructions as <i>the</i> task for -hard labour in Prisons.</p> - -<p>As to (2) it has since been made a charge against the administration -of these days that it erred on the side of a too severe repression. To -those who have lost their faith in the virtues of the cellular system, -it may seem unduly rigorous that a prisoner should have remained -subject to that system during the whole length of his sentence. -There were, of course, exceptions to the general rule, <i>e.g.</i>, -persons employed in the service of the prison, and other forms of -extra-cellular labour, but separate confinement remained the rule for -Local Prisons. To those, also, who condemn all forms of mechanical and -unproductive labour, it may seem unduly rigorous to have insisted so -minutely on the exact performance of a task of so-called first class -hard labour. It is doubtful if public sentiment at that time would -have been satisfied with the comparative leniency of the modern prison -régime. The result of the earnest thought and discussion which have -taken place through the civilized world during the last quarter of a -century on all matters affecting the welfare of the prisoner has been, -no doubt, to place his punishment on a more rational basis than that -of mere obedience to mechanical and uninteresting forms of labour. The -State until now had had no experience in dealing with short sentences. -The problem to be solved was a new one, <i>viz</i>:—how to deal effectively -with a man who was in<span class="pagenum"><a name="Page_73" id="Page_73">[Pg 73]</a></span> prison for only a few days or weeks, and to -whom during that time no useful trade could be taught. It is indeed -a problem which may well vex the brains of the wisest, and if the -solution has not yet been found, we have at least got beyond the stage -where it was thought sufficient, by the invention of fantastic devices -for executing sentences of so-called hard labour, to give expression to -a sentence of imprisonment. The Prison Authority of this day perhaps -erred in regarding it as a part of their duty to add to the penalty -prescribed by the Court by imposing, in the name of the Progressive -Stage System, certain penalties and incapacities as a peculiar feature -of the early Stages. The only precedent for dealing with short -sentences was that afforded by Military Prisons. It is well-known that -the Committee on Military Prisons of 1844, which was in favour of hard -penal treatment—shot-drill, cranks, &c., (in use in military prisons -as a punishment for recalcitrant soldiers) exercised a considerable -influence with local authorities in administering Civil Prisons, and -the reproach, so often directed to the Local Prison System, that it was -too military in its character, was probably due to this source.</p> - -<p>(3) With regard to economy, Sir E. Du Cane was formerly a distinguished -officer of the Royal Engineers, and had been engaged for many years -in advising the Secretary of State as Surveyor-General of Prisons. It -was owing to his experience and capacity that, at a relatively small -cost, the prison buildings soon after the Act were brought up to a high -standard, both in construction and in sanitation. His financial ability -was also of a high order, and economy, consistently with efficiency, -became the order of the day. It may be that in some respects his desire -for economy led him too far in the direction of retrenchment, both -in buildings and in service, but, for the time being, he was justly -credited with great administrative and financial success; and it -appears from a table prepared in 1885, comparing expenditure on Local -Prisons for seven years before and after the Act of 1877, that economy -had been achieved amounting to nearly half-a-million of money. Further, -in that same year, 1885, the prison population touched and continued<span class="pagenum"><a name="Page_74" id="Page_74">[Pg 74]</a></span> -at a lower level than had been previously known. For the year 1878, -in which the Prisons were handed over to the Government, the Local -Prison population was the highest known, <i>viz</i>:—21,030. From that date -it fell almost continuously till February 1885, when it touched the -lowest figure then known, <i>viz</i>:—15,484. There had been, moreover, a -decrease in the yearly death rate, in the number of suicides, and in -corporal punishments, and in the yearly average of dietary punishments. -A greater variety of employment had been introduced, and a new uniform -system of accounts had been established. The Chairman had some -justification, therefore, for inferring from these facts and figures -that not only had the new penal system been made effective for the -repression of crime, but that the legislation of 1877 had completely -succeeded in its object in promoting uniformity, economy, and a -generally improved administration.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_75" id="Page_75">[Pg 75]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_VII" id="CHAPTER_VII">CHAPTER VII.</a></p> - -<p class="center">THE INQUIRY OF 1894: THE PRISON ACT, 1898: AND THE CRIMINAL JUSTICE -ADMINISTRATION ACT, 1914.</p> - - -<p>Criticism, however, was not silent. There was an uneasy feeling in the -public mind that too much importance had been attached to the principle -of "uniformity," which was held to be responsible for the alleged evils -of the system then in force, <i>i.e.</i>, the want of "individualisation" of -the prisoner, and the stifling of local control. This feeling found an -echo in the Press; not only were the principles of prison treatment, -as prescribed by the Prison Acts, criticised, but the prison authority -itself, and the constitution of that authority, were held to be -responsible for many grave evils. It was contended that centralization -only fostered bureaucracy, and that the Prison System of the Country -was at the mercy of a single bureaucrat, the Chairman of the Prison -Board. It was impossible for the Government of the day to ignore -this fierce indictment. A Committee of Inquiry was appointed, under -the Chairmanship of Mr. H. Gladstone, M.P., then Parliamentary Under -Secretary for Home Affairs. The Report was published in April, 1895, -just at the time that Sir E. Du Cane was retiring from the Service, he -having attained the age of sixty-five, the age for retirement under the -Superannuation Acts. The Report, resulting from a keen and exhaustive -inquiry into every branch of prison administration, marks a distinct -epoch in the Prison history of this country. It paid a high tribute -of praise to the Prison Commissioners and their late Chairman, by -its formal declaration that the centralization of authority had been -a complete success in the direction of uniformity, discipline, and -economy. But while admitting this, and the attention that had been -given to organization, finance, order, sanitation, and statistics, it -gave some justification for the popular belief<span class="pagenum"><a name="Page_76" id="Page_76">[Pg 76]</a></span> that centralization -had been carried too far, and that local interest and authority had -been unduly suppressed; and to use the words of the Report (which -constitute the real gravamen of charge against the prison authority) -"that prisoners have been treated too much as a hopeless or worthless -element of the community, and that the moral as well as the legal -responsibility of the prison authorities has been held to cease when -they pass outside the prison gates." These words may be said to mark -the passage from the old to the new methods of punishment, and from -those which rested upon severity and repression to those which looked -more hopefully towards the possible reformation of persons committed to -prison.</p> - -<p>The decrease of crime, <i>i.e.</i>, as judged from the reduced daily average -population of persons in prison, which had been habitually quoted and -regarded as the correct test of a successful prison system, was -shown on examination to be due almost entirely to a diminution in the -average length of sentences. This fact, <i>i.e.</i>, a greater leniency -on the part of Magistrates and Judges, taken in conjunction with the -remarkable outburst of public sentiment, to which I have referred, -undoubtedly connote a gradual rise and growth throughout the community -of a tendency towards a larger humanity in the treatment of crime, -and a more rational execution of the sentences of the law. Hope of -rehabilitation, which had perhaps been made too subordinate to the -desire for a firm and exact repression, began to lift its head, and, -from this time, the responsibility of the official authority, as a -reclaiming agency, became greatly accentuated.</p> - -<p>The new spirit which breathes in this Report, and which has largely -influenced subsequent legislation and practice, is to be found, so far -as Local Prisons are concerned, principally in reforms having for their -purpose:—</p> - -<blockquote> - -<p>(1) the concentration of effort on the young or incipient criminal, -16-21.</p> - -<p>(2) improved classification, and the separation of first from other -offenders in Local Prisons.</p> - -<p>(3) the abolition of the old forms of "hard labour"—</p></blockquote> - -<p>cranks, treadwheels &c. The rules provide that the<span class="pagenum"><a name="Page_77" id="Page_77">[Pg 77]</a></span> labour of all -prisoners shall, if possible, be productive, and the only difference, -so far as labour is concerned, between a sentence with, and without, -hard labour, is that in the former case a prisoner works in cellular -separation for the first twenty-eight days of his sentence, after which -period he may work with the rest in association in workrooms, or other -open spaces. So long as the Statute preserves the distinction between -imprisonment with, or without, hard labour, it is necessary that the -system should give effect to the distinction, but the meaning which has -been so long associated with the phrase "hard labour" still lingers -in the public mind, which even now is apt to imagine that a sentence -of hard labour implies a long period of solitary confinement with -employment throughout the sentence on hard monotonous forms of labour, -such as cranks and treadwheels. Associated labour on productive work is -now the rule of Local Prisons, subject to the exception above stated.</p> - -<blockquote> - -<p>(4) the reorganization of "<i>Patronage</i>" or Aid-on-discharge.</p> - -<p>(5) improved methods for the education and moral betterment of -prisoners.</p> - -<p>(6) the establishment of Training Schools for all ranks of the Prison -Staff.</p> - -<p>(7) improved Prison Dietary.</p> - -<p>(8) improved medical treatment with special regard to weakminded and -tuberculous cases.</p> - -<p>(9) the reconstruction of prisons, with a view to better sanitation, -and provision of workshops for associated labour.</p></blockquote> - -<p>It was at this time that the present writer succeeded Sir E. Du Cane -as Chairman of the Prison Commission, and the Secretary of State -(Mr. Asquith) in conferring this appointment upon him, expressed -the strong desire of the Government that the views of the Committee -should, as far as practicable, be carried into execution. Since that -date, accordingly, the reform and reorganization of the Prison System -has been proceeding in every Department. The steps taken will be -found in detail in the Annual Reports of the Commissioners since that -date. It is not necessary to recapitulate here all the Departmental<span class="pagenum"><a name="Page_78" id="Page_78">[Pg 78]</a></span> -changes that have taken place, although they are very extensive and -far-reaching.</p> - -<p>So far as legislation is concerned, three Acts of great importance have -been passed—the Prison Act, 1898, the Prevention of Crime Act, 1908, -and the Criminal Justice Administration Act, 1914.</p> - -<p>The principal changes effected by the Prison Act, 1898, were, firstly -the power given to the Secretary of State to make Rules for the -Government of Convict and Local Prisons. The Rules embodied in the -Schedule to the Prison Act, 1865, and enforced by Statute, were -repealed, and what was, in effect, a new Prison Code was established, -regulating every detail of administration in Local and Convict Prisons, -subject only to the sanction of Parliament, and liable to alteration, -from time to time, by Parliamentary Rules. Until now, the Rules of -Prisons had been in a confused and chaotic state; some were fixed -rigidly by Statute, others were framed without Parliamentary authority -by the Secretary of State, others were enacted only by Standing -Order,—all these were consolidated and embraced in a single Code, -and their execution regulated by a new set of Standing Orders. Rules, -with the Standing Orders which interpret them, are now the authority -and foundation for the Government of Local and Convict Prisons. Not -only has a greater simplicity of administration been attained, but, -at the same time, a greater elasticity has been given to the System, -which was sadly in need of it. It is not likely that it will again be -necessary to resort to legislation in order to effect any change in -the details of the System, the Secretary of State now having power, -by Parliamentary Rule, to introduce such alterations as time and -experience may dictate.</p> - -<p>Secondly,—The Prison Act, 1898, created a Triple Division of -offenders, power being given to the Courts to direct the treatment -in one or other of the Divisions, having regard to the nature of the -offence, and the character and antecedents of the offender. It will -be remembered that the Act of 1877 had not gone further in the way -of Classification than the establishment of the Division known as -First Class Misdemeanants. This provision was repealed, and under -the new law Courts have, generally<span class="pagenum"><a name="Page_79" id="Page_79">[Pg 79]</a></span> speaking, an absolute discretion -as to the Division in which any convicted prisoner shall be placed. -The Rules regulating the treatment of each Division are, of course, -subject to Parliamentary sanction. It was hoped, at the time, that -the Courts would gladly and readily avail themselves of these new and -enlarged powers, although it is recognized that a great responsibility -is thus imposed upon the Courts, whose duty, if strictly fulfilled, -would be to discriminate in each case brought before it, and to order -treatment according to character and antecedents. In this way, it was -hoped to secure that "<i>individualisation de la peine</i>", which modern -penitentiary science declares to be the ideal at which a good penal -system should aim. Courts have not, however, shown a keen desire to -exercise this fresh power to the extent contemplated by the Act, the -number committed to the Second Division representing not much more than -an average of about three per cent of the total eligible committals. -The traditional methods of commitment to ordinary imprisonment, -with, or without Hard Labour, have so deeply affected the criminal -administration of Summary Courts that it has proved difficult to escape -from their influence, in spite of the great power of discrimination -which the Act affords.</p> - -<p>Thirdly,—Another very important provision of the Act was the power -given to enable a prisoner sentenced to imprisonment in default of fine -to obtain his release on part-payment of the fine. Thus, in the case of -a prisoner sentenced to pay a fine—say of ten shillings or two weeks' -imprisonment in default—imprisonment could be reduced by a number of -days bearing the same proportion to the length of his sentence as the -sum paid by him bears to the total fine imposed. The object of this -provision was, of course, to modify, though it could not abolish, the -admitted evil of the system under which about half the population of -Local Prisons is composed of persons not directly committed without the -option of a fine for the graver offences, but sentenced to pay perhaps -small fines for trivial offences. These, on their inability to pay, -became subject to the ordinary pains and penalties of imprisonment as -in the case of ordinary criminal prisoners. Although the principle -established under the<span class="pagenum"><a name="Page_80" id="Page_80">[Pg 80]</a></span> Act was largely made use of, and thus a -considerable reduction has taken place in the number of days for which -persons sentenced in default of fine remained in Prison, the system of -imprisonment in default continued in vogue, and was responsible for -some fifty per cent. of the Prison population until action was taken by -Parliament in the Session of 1914, since when a great change has taken -place in this respect. The Criminal Justice Administration Act, 1914, -to which I refer later, in addition to many other valuable provisions -regulating the treatment of crime, is specially directed to meet this -evil.</p> - -<p>The Prison Act, 1898, has also been of historical interest as being the -last deliberate decision of the legislature on the vexed question of -Corporal Punishment in Prisons. Previously to the Act, a sentence of -Corporal Punishment could be awarded in Convict Prisons by one of the -Directors, and in Local Prisons by the Visiting Magistrates for any -serious offence against prison discipline, and subject to no confirming -authority. It is now strictly limited as a penalty for gross personal -violence to prison officers, and for mutiny, or incitement to mutiny, -and then only in the case of prisoners convicted of felony or sentenced -to hard labour. A sentence can only be imposed by a tribunal consisting -of not less than three persons, two of whom must be Justices of the -Peace, and the order for corporal punishment from such tribunal cannot -be carried into effect until confirmed by the Secretary of State, to -whom a copy of the notes of evidence and a report of the sentence, and -of the grounds on which it was passed, must be furnished. Experience -has justified the wisdom of this enactment, which affords a sufficient -guarantee against excessive, or unnecessary, exercise of the powers -of corporal punishment. It has not been found that the discipline of -prisons has suffered, while a due security exists for the protection of -prison officers from violence. Public sentiment, which had previously -been uneasy on the question of flogging in Prisons, has accepted the -present limitation of power as a just and reasonable solution for -what has always been a very vexed and difficult question of prison -administration.</p> - -<p><span class="pagenum"><a name="Page_81" id="Page_81">[Pg 81]</a></span></p> - -<p>Again, a change of far-reaching importance in its effect on the -discipline and management of Local Prisons was introduced, <i>viz</i>:—the -power given to short-term prisoners to earn remission of their sentence -by special industry and good conduct. Prisoners whose sentence is for -over one month are now able to earn remission of a portion of their -imprisonment not exceeding one-sixth of the whole sentence. The power -to earn remission has always existed in the case of persons sentenced -to penal servitude, where the minimum sentence is three years, and its -great value, both as an incentive to industry and good conduct, and as -furnishing an element of hope and encouragement under long sentences, -has always been recognized. The expectation that the translation of -this privilege to the Local Prison System would operate in the same way -has been justified by experience.</p> - -<p>Hitherto, the stimulus to industry and good conduct in Local Prisons -had consisted only of the privileges that could be earned under the -Progressive Stage System, in the shape of more letters and visits, and -more library books, and larger gratuity. Gratuity, however, did not -exceed the sum of ten shillings, whatever the length of sentence. It -was, therefore, only prisoners under the longer sentences, presumably -those guilty of grave offences, that could benefit to any extent under -the Gratuity System—some twenty per cent. of the whole. Moreover, the -risk or fear of losing remission marks operates as a powerful deterrent -against idleness or misconduct, and it has been found, generally, -that under the influence of this salutary provision there has been a -marked improvement in the tone and demeanour of the prisoners, while, -at the same time, an aid has been furnished to those responsible for -maintaining order and discipline.</p> - -<p>Such, broadly, were the changes introduced by the Prison Act, 1898. -Though a short Act of a few Sections, it has profoundly affected the -whole of the Prison administration. It seems to have been accepted by -public opinion as a reasonable solution of many difficult questions -which had been the subject of criticism, and which led to the outcry -against the policy of the administration<span class="pagenum"><a name="Page_82" id="Page_82">[Pg 82]</a></span> which had followed the Prison -Act, 1877.</p> - -<p>Ten years passed before further legislation respecting Prisons was -passed. The Prevention of Crime Act, 1908, is of paramount interest as -giving effect to the two principal proposals of the Committee of 1894, -<i>viz</i>:—special treatment of the young, and the habitual criminal, -respectively, but it does not affect the Prison régime, as applied to -other categories of criminals, and, so far as it relates to these two -special categories, is dealt with in separate chapters.</p> - -<p>Since this chapter was written, the Criminal Justice Administration -Bill, 1914, has become law. The great effect of this valuable measure -is shown in my later chapter No. XVII. dealing with statistics of -crime. It will there be seen how largely prison statistics have been -affected by the obligation now imposed on Courts to allow time for -the payment of fines. The offences for which a fine is imposed are -presumably of a trivial character, but by long custom and usage, the -practice of almost automatic commitment in default had grown to such a -large extent that the intervention of Parliament proved necessary. That -the principle of Imprisonment, and all that it connotes, both of shame -and stigma, should depend upon the accident whether or not a small -sum of money could be provided for payment of a fine at the moment of -conviction, is obviously contrary both to reason and to justice. It is -now laid down that where any prisoner desires to be allowed time for -payment, not less than seven clear days shall be allowed, unless, in -the opinion of the Court, there is good reason to the contrary. It is -also laid down that in all cases where the offender is not less than -sixteen nor more than twenty-one years of age, the Court may allow him -to be placed under "Supervision" until the sum is paid. This provision -is intended to meet the admitted evil of committing young persons -under twenty-one to Prison where the offence is only of a trivial -nature, due, in many cases, to the rowdy and irrepressible instincts -arising rather from animal spirits, and the absence of proper control, -than to any deliberate criminal purpose. It is proposed to create -a new Society, whose business it will<span class="pagenum"><a name="Page_83" id="Page_83">[Pg 83]</a></span> be to provide the necessary -supervision, and to act, as it were, as an auxiliary to the Courts in -furnishing a guarantee that the offender shall either pay the fine or, -if after reasonable means of suasion and influence shall have failed, -shall be returned to the jurisdiction of the Court to be dealt with -in a severer manner. By this special provision for young persons, -16-21, who have hitherto come to Prison in such large numbers, the -Act recognizes and extends the principle of the Borstal System—the -principle of which, as I shall explain later, is to concentrate -attention on the young offender at this plastic age, when the tendency -to criminal habit can be arrested and diverted before it is too late, -and before familiarity with Police Courts and Prisons obliterates the -fear and terror of the law, thus rendering easy an almost certain -descent and further degradation to a life of habitual evil-doing. -The Act, moreover, as explained in a subsequent chapter, extends the -application of the Borstal System, as prescribed by the Act of 1908.</p> - -<p>As a further provision against the admitted evil of short sentences of -Imprisonment, it is enacted that no imprisonment shall be for a period -of less than five days. Power is given to the Secretary of State, on -the application of any Police Authority, to certify any police cells, -bridewells, or other similar places provided by the authority, to be -suitable places for the detention of persons sentenced to terms not -exceeding four days, and may make regulations for the inspection of -places so provided.</p> - -<p>With the object of further modifying what, under the influence of long -custom, has become an almost mechanical use of awarding imprisonment -with hard labour, it is provided that any imprisonment in default of -payment of a sum of money shall be, in the future, <i>without</i> hard -labour, and in other cases, where a commitment is without the option of -a fine, the Court has a discretion whether or not hard labour shall be -imposed. In order to give a fuller application to the Act of 1898, as -before described, <i>viz</i>:—that the classification of prisoners should -be into three Divisions, according to character and antecedents, power -is given to the Visiting Committee of<span class="pagenum"><a name="Page_84" id="Page_84">[Pg 84]</a></span> Prisons, on the application of -the Governor, to direct that, in any suitable case, the prisoner may be -placed in the Second Division, where, in the absence of any instruction -of the Court to deal otherwise, he would be located in the Third -Division.</p> - -<p>It is anticipated that this Act will have far-reaching effects (1) in -the avoidance of imprisonment where the offence can be adequately met -by money payment: (2) in the saving from the taint of imprisonment in -the early years, by placing under responsible supervision and care, any -young person under twenty-one, who, under the old system, would become -familiar with prison surroundings: (3) by extending and strengthening -the provisions of the Borstal Act, 1908, and (4) by making effective -the classification of ordinary prisoners, aimed at by the Prison -Act, 1898, and by adapting their treatment and segregation during -imprisonment according to their antecedents and the character of their -offence.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_85" id="Page_85">[Pg 85]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_VIII" id="CHAPTER_VIII">CHAPTER VIII.</a></p> - -<p class="center">THE BORSTAL SYSTEM.</p> - - -<p>The little village of Borstal, on the banks of the Medway, not far -from Rochester, has given its name to a system which is now being -universally applied, not only at home, but in our Dominions, for the -treatment of young offenders, 16-21.</p> - -<p>It happened in this way. In this village was situated an old Convict -Establishment, formerly used as an annexe to Chatham Convict Prison. -There were still a few convicts there; but there was available space -for an experiment, which it was decided to make (and which is described -later) for the special location and treatment on reformatory lines of -young prisoners, 16-21, selected from the ordinary Prisons, where the -length of sentence afforded a reasonable time for the application of -the system.</p> - -<p>The title "Juvenile-Adult" was invented to describe the class—too old -for commitment to Reformatory Schools, and too young to be classified -with the ordinary grown-up criminal.</p> - -<p>The average number of youths of this age committed to Prisons in -England and Wales in the opening years of this century was about -19,000. For one year their distribution was as follows:—</p> - -<table summary="list" width="30%"> -<tr><td align="right">16</td> <td>years</td> <td align="right">2,898</td></tr> -<tr><td align="right">17</td><td> " </td> <td align="right">4,099</td></tr> -<tr><td align="right">18</td><td> " </td> <td align="right">5,550</td></tr> -<tr><td align="right">19</td><td> " </td> <td align="right">5,576</td></tr> -<tr><td align="right">20</td><td> " </td> <td align="right">5,130</td></tr> -</table> - -<p>Some light was thrown on the character and antecedents of this class -of young criminal by an inquiry made with regard to the offences, -previous convictions, homes, and educational status of all male -prisoners in the Prisons of<span class="pagenum"><a name="Page_86" id="Page_86">[Pg 86]</a></span> England and Wales, on a given day, within -the ages of sixteen to twenty-one. The total number was 1,238. Nearly -two-thirds were guilty of crimes of acquisitiveness, <i>i.e.</i>, larceny, -burglary, housebreaking, embezzlement, &c. One-fifth of crimes of -passion, <i>i.e.</i>, sexual offences, assaults, and wounding. There were -twenty cases of malicious injury to property, and the remainder were -convicted of minor offences against bye-laws, &c. With regard to their -education, ninety had none, 512 little, 496 fair, and 111 good. Of the -total number, 280 had good homes, but 198 had none at all; 138 had bad -ones, and thirty lived in common lodging houses. Only 330 were without -previous convictions and 353 had two or more.</p> - -<p>At the same time, Dr. Baker, of Pentonville Prison, conducted a most -interesting inquiry with regard to the young offenders between sixteen -and twenty, who passed through Pentonville Prison in the course -of a year. The total was 2,185. Physically, as a class, they were -two-and-a-half inches below the average height, and fourteen lbs. -less than the average weight. Twenty-six per cent. were afflicted -with bodily infirmity. The majority of the offences were of a grave -character, offences against the person and against property without -violence. Twenty-two per cent. were imprisoned for larceny alone, the -various crimes of "acquisitiveness" being characteristic of this age; -while in the aggregate <i>thirty-four</i> per cent. had been previously -convicted (no less than 144 on three or more occasions). In the case of -offences against property, with and without violence, and vagrancy, the -reconvictions were 50, 40, and 45 per cent. respectively.</p> - -<p>Public attention has also been called to the large number of indictable -offences, and of larceny in particular, committed by persons of this -age. Criminal statistics are dominated by the rise or fall in offences -of larceny, and this age-category contributed nearly 30 per cent.</p> - -<p>The Committee of 1894 made an emphatic declaration in favour of -some action being taken to deal specifically with this class. They -reported:—"The age when the majority of habitual criminals are made -lies between 16 and 21. It appears to us that the most determined -effort should be made to lay hold of these incipient crim<span class="pagenum"><a name="Page_87" id="Page_87">[Pg 87]</a></span>inals, -and to prevent them by strong restraint and rational treatment from -recruiting the habitual class. We are of opinion that the experiment -of establishing a Penal Reformatory under Government management should -be tried, and that the Courts should have power to commit to these -establishments offenders under the age of 23, for periods of not less -than one year and up to three years, with a free exercise of a system -of licence."</p> - -<p>The proposal to found a State, or Penal, Reformatory, confirmed and -emphasized the opinion that had been rapidly gaining ground, both in -England and abroad, and especially in the United States, that <i>up to a -certain age</i>, every criminal may be regarded as <i>potentially</i> a good -citizen: that his relapse into crime may be due either to physical -degeneracy, or to bad social environment: that it is the duty of the -State at least to try and effect a cure, and not to class the offender -off-hand and without experiment with the adult professional criminal.</p> - -<p>It seems difficult to believe that, until recently, a lad of 16 was -treated by the law, in all respects, if convicted of any offence, as an -ordinary adult prisoner, and that for lads of this age, the principle -had not been recognized that a long sentence of detention under -reformatory conditions can be justified, not so much by the actual -offence, as by "the criminal habit, tendency, or association" (Section -1 (b), Borstal Act, 1908), which, unless arrested at an early age, must -lead inevitably to a career of crime.</p> - -<p>But the fixing of criminal majority at 21 has only been arrived at -after a long struggle. It is about a hundred years ago since certain -benevolent persons, struck by the wrong of sending the young to -prison, if it could be avoided, founded the Colony of Stretton in -Warwickshire in 1815, which had for its express purpose the reclamation -of criminal youth between the ages of 16 and 20. The process by which -they conducted their benevolent efforts was curious, for they took -advantage of an ancient law by which young persons might be hired out -in husbandry, and they applied to the County Authorities to hire them -out young prisoners of this age, with a view to their conversion into -honest and useful citizens. So far as I have been able to gather from -the<span class="pagenum"><a name="Page_88" id="Page_88">[Pg 88]</a></span> history of Juvenile Crime, no other attempt was made, either -then or for many years to come, to grapple with this problem of -Juvenile delinquency. Though it is stated on the authority of a great -philosopher that "the angel of Hope came down from heaven in the first -decade of the nineteenth century," it does not seem that her influence -began to be felt at that time in Penal and other legislation; it was -some years after the first decade of the last century that Sir Samuel -Romilly complained that it was more easy to get an attendance of -Members at the House of Commons to listen to a Debate on a new archway -for Highgate or a new Water Bill for Holloway, than to any proposals -that he might have to make in the direction of Penal Reform.</p> - -<p>It is true that some years later, in 1838, under the auspices of -Lord John Russell, then Home Secretary, an Act was passed for the -establishment of a Prison at Parkhurst for young offenders. The -public conscience had begun to be stirred by the terrible sentences -of transportation passed on mere children and youths for periods of -as much as 15 to 20 years for what we should now regard as petty -offences. The Parkhurst Act of 1838 contained a Clause which has -become historical and is known as the "Pardon" clause. By this, the -Secretary of State was able to pardon any young person sentenced to -transportation on condition that he should place himself under the -charge of a benevolent Association. The benevolent Association of those -days was known as "The Philanthropic Institution", which was the parent -of the famous Red Hill Reformatory School of to-day.</p> - -<p>The number of lads, however, sent to Parkhurst was comparatively -few, and the absence of any means of dealing with the great mass of -Juvenile delinquency began to be recognized by thoughtful and humane -persons, and, in 1847, a Parliamentary Committee was appointed to -enquire into the question of Juvenile Crime. It was before this -Committee that the Authorities of the Stretton Colony gave remarkable -evidence which, at the time, came as a new light to a generation whose -imagination had not yet been quickened to perceive the possibilities -of reform in the case of youthful prisoners. They stated in<span class="pagenum"><a name="Page_89" id="Page_89">[Pg 89]</a></span> evidence -that "their experience had been with prisoners between the ages of -16 and 20 with whom they had been dealing since 1815, and that no -less than <i>60 in every 100 might be permanently reformed and restored -to Society</i>, whereas the ordinary prospect that awaits these youths -under the ordinary Prison System is a life of degradation, varied -only by short terms of Imprisonment, and terminating in banishment or -death." It may be that the eyes of the Committee were opened by this -simple statement of fact. We know that they took a step which is of -singular historical interest. They formally consulted the High Court -Judges as to the possibility of introducing a reformatory element into -Prison Discipline. The High Court speaking in the name of its most -distinguished members, Lord Denman, Lord Cockburn and Lord Blackburn, -declared reform and imprisonment to be a contradiction in terms, and -utterly irreconcilable. They expressed a doubt as to the possibility -of such a system of imprisonment as would reform the offender, and yet -leave the dread of imprisonment unimpaired.</p> - -<p>Though this was the legal and official view at the time, there were -fortunately other voices heard during the progress of this enquiry, -the voices of less distinguished men and women, but of those whose -names will be recorded in history as the pioneers and the workers in -the field that eventually led fifteen years later to the establishment -of our Reformatory School system. I refer to such persons as Davenport -Hill, Sir Joshua Jebb, Miss Carpenter, Monkton Milnes, Captain -Machonochie, Mr. Sergeant Adams and Mr. Sidney Turner.</p> - -<p>The passing of the Reformatory School Act of 1854 marked the climax -of the efforts of that generation. They had established the principle -that the young offender, <i>at least up to the age of 16</i> should be -dealt with by other than the methods of Prison or Transportation. -This was a great victory at the time, and for many years public -opinion regarded the Reformatory School Act as the last word spoken -on the subject of juvenile delinquency. There were others, however, -and among them Mr. Sidney Turner, who regarded that Act only as a -stepping stone to further progress. <i>The age of 16</i> which for so many -years<span class="pagenum"><a name="Page_90" id="Page_90">[Pg 90]</a></span> was consecrated as the age at which criminal youth ends and -criminal majority begins, he described more than once '<i>as a mere -measure of precaution</i>'; and a stage on the road to lead to further -developments. The age of 16 was adopted at that time by universal -consent for no other reason, so far as I can gather, than that it was -the age of 'criminal majority' in the French Penal Code, and it had -become notorious owing to the success of the French Colony of Mettray, -established in the 'thirties' and which prescribed 16 as the age of -'discernment' under French Law.</p> - -<p>The age of 16, therefore, became crystallised as the age of criminal -majority in this country. Attempts were made from time to time to have -the age raised to 18, but the conflict of opinion on this point waxed -very fierce, some maintaining that the admission of older youths would -corrupt the rest, while others asserted that an enormous number of -youths now being sent to Prison at the age of 16 might be reclaimed, -if subject to reformatory influences. This battle waxed fierce in the -early 'eighties' and although, in my opinion, the best argument was on -the side of those who desired an extension of age, yet by one of those -curious results that sometimes issue from the Parliamentary Machine, -the only legislation affecting the age of the inmates of Reformatory -Schools is known as Lord Leigh's Act of 1891, which, instead of giving -greater powers to Reformatory Schools, limited the right of detention -to the age of 19 years, whereas it had formerly been 21. The question -of age, however, was not destined to remain in abeyance. Other causes -than the conflict of opinions between Managers of Reformatory Schools -brought this question very prominently to the front a few years later.</p> - -<p>It came to the front incidentally, as I have already stated, in the -findings of the Prison Committee of 1894; and of the Reformatory -Schools Committee of the same year. Both Committees arrived at the same -conclusion almost simultaneously, <i>viz</i>:—that 16-21 was the dangerous -age: that attention must be concentrated on that: that we must try -and lay hold of the incipient criminal, or as we call him in prison -language, the Juvenile-Adult.</p> - -<p>It was at this time that I was appointed by the Home<span class="pagenum"><a name="Page_91" id="Page_91">[Pg 91]</a></span> Secretary (Mr. -Asquith) to be Chairman of the Prison Commission, against which so -severe an indictment had been laid, as explained in a former Chapter, -of being indifferent to the moral welfare of prisoners. My experience -and observation had already led me to form a very strong opinion that -the Penal Law, which classified forthwith as adult criminals lads -of 16, was unjust and inhuman. I obtained the authority of the Home -Secretary, Sir M. Ridley, who was in warm sympathy with my views, to go -to the United States in 1897 to study at Elmira the working of what is -known as the American "State Reformatory System." The annual reports of -the authorities at Elmira had begun to attract considerable attention -in Europe. The American System classified as youths all persons between -the ages of 16 and 30. While we classified our boys as adults, the -American adopted the converse method, and classified his adults as -boys. I thought myself that the truth lay midway between these two -systems, between the system that ends youth too early and that which -prolongs it too late, between the voluntary system of England and -the State Reformatory System of the United States. The point I was -aiming at was to take the 'dangerous' age—16-21—out of the Prison -System altogether, and to make it subject to special "<i>Institutional</i>" -treatment on reformatory lines.</p> - -<p>I was impressed by all that I saw and learnt at the principal State -Reformatories of America, at that time chiefly in the States of New -York and Massachusetts. The elaborate system of moral, physical, and -industrial training of these prisoners, the enthusiasm which dominated -the work, the elaborate machinery for supervision of parole, all these -things, if stripped of their extravagances, satisfied me that a real, -human effort was being made in these States for the rehabilitation of -the youthful criminal. It was on my return that, with the authority of -the Secretary of State, the first experiments were begun of the special -treatment, with a view to the rehabilitation of the young prisoners, -16 to 21, in London Prisons. A small Society was formed, known as the -London Prison Visitors' Association, to visit these lads in the London -Prisons: (they were removed later, as stated, to the old<span class="pagenum"><a name="Page_92" id="Page_92">[Pg 92]</a></span> Convict -Prison at Borstal). The procedure was to visit Borstal by roster each -month, and interview the cases about to be discharged in the following -month, so that the best arrangements might be made. Out of this small -body of visitors sprang the Borstal Association, and it is interesting -now, looking back to that time, to recall the circumstances under which -this Association was founded. There was in the public mind a great -confusion as to the exact meaning of the phrase "Juvenile Offender". -That ambiguity has since been largely cleared up by the definitions -of the Children Act, but, at that time, there was a confusing medley -of appellations; and children, young persons, and youthful offenders, -were all jumbled together in the same category. The specific proposal -was to deal with the age, 16 to 21, and it was decided, in order to -emphasize this fact and make a clear distinction between this age and -all other ages, to make use of the word "Borstal", that is, the name -of the village where the experiment was being carried out. I think -that this appellation has been singularly fortunate in its results, as -it has made it quite clear that we are not dealing with the youthful -offender as usually conceived, that is, a boy, or even a child, who -may have lapsed into some petty or occasional delinquency, and who was -being sufficiently provided for by the Reformatory School Acts and by -the Rules concerning juvenile offenders in prisons. Our object was to -deal with a far different material, the young hooligan advanced in -crime, perhaps <i>with many previous convictions</i>, and who appeared to be -inevitably doomed to a life of habitual crime.</p> - -<p>We had, in the Association of Visitors in London Prisons, a nucleus in -forming the now well-known Borstal Association. Among them were two -young barristers, living in chambers, who placed their time and their -rooms at our disposal. They were Mr. Haldane Porter and Mr. (now Sir -Wemyss) Grant-Wilson, the first and the second Honorary Directors of -the Association. We had little or no money. The Treasury gave us £100 -a year. An appeal, addressed to the public through the columns of "The -Times", met with only a disappointing result; but later an appeal -to personal friends for a small annual<span class="pagenum"><a name="Page_93" id="Page_93">[Pg 93]</a></span> subscription, rather than a -donation, was successful to this extent, at least, that we were able to -rely on a small income with which to conduct our operations. By this -means, we obtained an income of some £400 or £500 a year, and to those -kind and generous friends who helped us at that critical moment, the -success of the movement is principally due.</p> - -<p>Having established an Association, we next had to establish a system. -The object of the System was to arrest or check the evil habit by -the '<i>individualization</i>' of the prisoner, mentally, morally, and -physically. To the exhortation and moral persuasion of a selected -staff, we added physical drill, gymnastics, technical and literary -instruction: inducements to good conduct by a system of grades and -rewards, which, though small and trivial in themselves, were yet -calculated to encourage a spirit of healthy emulation and inspire -self respect. Elaborate rules for giving effect to the system were -introduced by the Authority of Parliament, but at this stage, -Parliament had not recognized the system in any other way, and <i>we had -to work within the limits which existing Penal law afforded</i>: that -is, the cases we dealt with were by the <i>transfer</i> of young prisoners -of this age, who happened, for their particular offence, to have been -awarded sentences of imprisonment for <i>six months and upwards</i>. It soon -became clear that the <i>element of time</i>, that is, a longer sentence -than the law permitted, was essential for the success of the scheme. -Experience showed that something may be done in twelve months, little -or nothing in a shorter period, that the system should be one of stern -and exact discipline, tempered only by such rewards and privileges as -good conduct, with industry, might earn: and resting on its physical -side on the basis of hard, manual labour and skilled trades, and on its -moral and intellectual side on the combined efforts of the Chaplain and -the Schoolmaster. Such a sentence should not be less than three years, -conditional liberation being freely granted, when the circumstances -of any case gave a reasonable prospect of reclamation, and when the -Borstal Association, after careful study of the case, felt able to make -fair provision on discharge.</p> - -<p><span class="pagenum"><a name="Page_94" id="Page_94">[Pg 94]</a></span></p> - -<p>It was in 1906, when an experience of four or five years had -established these principles, that I addressed a strong representation -to the Secretary of State, asking for an alteration of the law on these -lines: and in 1908, thanks to the cordial agreement with these views, -manifested at that time both by the Secretary of State (Lord Gladstone) -and the Chancellor of the Exchequer (Mr. Asquith), these principles -became law under the Borstal Act of 1908. The system in vogue to-day -is a legal system: it has passed beyond the experimental stage, and -has become a part, an important part, of the criminal law of this -country, and not of this county only, but is a prototype of analogous -Institutions which have been established in many parts throughout the -civilized world. The system, as it operates to-day, is the same in -its leading features as the experimental system prior to the Act. The -principles are the same, but we now have the element of time. We have -now no case of less than two years, and a considerable number with the -maximum of three years.</p> - -<p>During recent years the annual committals to Borstal Detention have -averaged nearly 600 for males and 180 for females, and three Borstal -Institutions have been established—Borstal and Feltham for males, -accommodating about 400 each, and Aylesbury for females. These -Institutions are fulfilling in an admirable way the purpose for which -they were created, <i>viz.</i>,—to furnish the opportunity by which many -young persons who have ceased to be "young offenders" (<i>i.e.</i>, under -sixteen years) and who are not yet fully developed adults (<i>i.e.</i>, over -twenty-one) may be rescued from a life of crime. The high tone and -character of the superintending staff, untiring in the efforts which -they devote to the moral, literary, and technical education of inmates: -the healthy rivalry stimulated by competition, not only in the schools, -but in the playground (for it is the privilege of the Special Grade to -take part in games of football and cricket): the great care devoted to -the physical well-being and training in Gymnastics, &c.—experience is -daily showing that all these things are having the effect of arresting -in his downward career the young, and often dangerous, criminal -between the ages of sixteen and twenty-one, who, until<span class="pagenum"><a name="Page_95" id="Page_95">[Pg 95]</a></span> the necessity -of special legislation to deal with his case was recognized by public -opinion, only served an apprenticeship in a succession of short -sentences for trivial crime in his early days, in order to qualify for -entry into the ranks of habitual crime.</p> - -<p>For the purpose of permanent rehabilitation, the Borstal Association -has taken these lads in hand on discharge and led them into the paths -of honesty, and industry, and employment; and statistics furnished -shortly before the outbreak of war concerning 1,454 cases discharged -on licence since the Act of 1908 came into force showed that only 392, -or twenty-seven per cent., had been reconvicted. It is commonplace to -assert that a good system of "<i>Patronage</i>," or aid on discharge, is a -necessary complement to the Prison System; but, generally speaking, -Aid Societies, either from the number of persons with whom they have -to deal, or from insufficient resources, fail to deal except with a -very small proportion of cases; but the Borstal Association takes -<i>all</i> cases, and spends time and money equally on each, despairing -of none, and maintains a long and continuous record and subsequent -history of each case. Behind this highly organized method of care and -supervision lies a great and a sincere humanity, which prevents the -work degenerating, as is too often the case, into a hard and mechanical -routine. The Borstal System, by itself, would not work wonders, nor by -itself, eradicate the vicious or anti-social elements from the young -criminal heart; but a system of strict control and discipline while -under detention, followed up and supported by a real and effective -system of "<i>Patronage</i>" on discharge, furnishes the secret of the -considerable success that has been obtained. The same spirit which -animates the system is also being manifested in our Probation and -Children Laws; and to it can be ascribed the marvellous reduction of -juvenile crime during the twenty years prior to the war.</p> - -<p>The application of the System to young women is dealt with in the -Chapter (<i>infra</i>) on Female Offenders.</p> - -<p>It is a great satisfaction to those who have directed so much effort to -building up the Borstal System that the Lord Chief Justice, presiding -over the Court of Criminal Appeal, should have stated recently that the -Court are of<span class="pagenum"><a name="Page_96" id="Page_96">[Pg 96]</a></span> opinion that "Borstal Institutions are of the greatest -assistance to the lads committed to them, and may, and often do, save -them; and also the three years, which is the term that is permitted, -is, in the absence of exceptional circumstances, the right term, as it -does give the lad that chance which very often a shorter term does not -afford him."</p> - -<p>Independently of the law of 1908, there is in operation a so-called -"Modified" Borstal System at <i>all</i> Prisons, in all parts of the -Country, and special Rules regulate the detention, and "Borstal -Committees" devote themselves to the after-care of young prisoners of -both sexes between the ages of sixteen and twenty-one, whatever the -length of sentence. The object of the System for males is to apply, -us far as practicable, having regard to the length of sentence, the -methods followed at Borstal Institutions, for the special treatment of -offenders 16-21 sentenced to imprisonment. The shortness of sentence, -of course, operates against any manifest result, but experience has -shown that with lads of this age much can be effected by close personal -interest and oversight on the part not only of the prison authority, -but of voluntary workers. The longer sentences are transferred to -collecting depôts. The System provides for two Grades, Ordinary, -and Special. To pass from the Ordinary to the Special Grade, a -juvenile-adult must earn 300 "merit marks", the maximum number being 25 -a week; In the Special Grade he may receive a good conduct stripe after -serving a month with exemplary conduct, which entitles him to a special -gratuity. Cases sentenced to <i>less</i> than 3 months are not transferred -to a Collecting Depôt, but are specially located and segregated from -adult offenders at the prison of committal. Both categories receive -daily drill and exercise, and are associated at labour. If the conduct -and industry of an inmate are satisfactory, he may receive a gratuity -not exceeding £2. Remission of sentence is not granted, except when -specially recommended by the Borstal Committee. Special attention is -paid to the education of all cases, by instruction in class and by -lectures on secular subjects. During the year 1919-20, 1130 males were -committed to prison with sentences of<span class="pagenum"><a name="Page_97" id="Page_97">[Pg 97]</a></span> 3 months and over, and 2,261 -with sentences of less than 3 months.</p> - -<p>At all Prisons, Borstal Committees are set up to deal with this -particular class of delinquent. They are composed of members of the -Visiting Committee, who may co-opt for the purpose members of the -Discharged Prisoners' Aid Societies, and any other influential person, -of either sex, interested in the treatment and reclamation of the -young. It is a splendid testimony to the efforts made by the members of -these Committees throughout the country to rescue lads from a life of -crime that, out of 2,126 dealt with during 1918, 1,734 or 81 per cent. -were well placed on discharge, while some Committees were able to place -the whole of their cases in suitable employment. In the case of young -females, the difficulties encountered on discharge are more formidable, -but of 913 dealt with during the year, 406 were suitably placed, and -160 returned to their friends.</p> - -<p>In the case of young Convicts, also, sentenced to penal servitude, as -already stated, Rules provide for the collection of this category at -Dartmoor, where they are strictly segregated from the ordinary prison -population, and are treated, so far as conditions permit, according to -the principles of the Borstal System. On discharge moreover, they are -specially committed to the care of the Borstal Association.</p> - -<p>It will be seen, therefore, that the Borstal net is now wide-spread, -and embraces the whole of the Prison population, male and female, -between the ages of 16 and 21. Now that this differentiation according -to age has become a fact, it is regarded almost as a commonplace -that no person under the age of 21 should be treated under Rules -applicable to adults. Yet this simple proposition is of quite recent -origin. Twenty years ago, not only were all offenders under 21 years -of age mingled with the general herd to be found in our Prisons, but -many young persons under the age of 16. So quickly, and so easily, do -reforms based on reason, and justice, and humanity—although at the -time encountering the resistance and opposition that comes of prejudice -and custom—commend themselves to public approval.</p> - -<p><span class="pagenum"><a name="Page_98" id="Page_98">[Pg 98]</a></span></p> - -<p>Such then is the short history of what is well-known as the Borstal -System. It is, in the abstract, an attempt to give expression by the -executive dealing with crime, to the natural and scientific law that, -up to the age of 21 (the age of civil majority for the ordinary affairs -of life), neither the human mind nor the human body is fully formed -and developed, but is still plastic and receptive of good influences, -skilfully and carefully applied. It is, in the concrete, a simple -system of firm and exact discipline, tempered by an ascending scale of -rewards and privileges which depend upon industry, conduct, and special -merit. The Instructions for the treatment of inmates will be found in -the Appendix, and give the details of the system,—a system of grades, -with an ascending scale of privileges—the passing from a lower to a -higher grade, only to be achieved after a sufficient period of test -and observation by supervising authority. The 'Tutors' are a special -feature of the Institutions. They are in a sense House-masters, or -Masters of Sections or Wings of inmates. They are selected for their -special qualifications for dealing with lads of this age and character, -each of whom it is their duty to 'individualize,' <i>i.e.</i>, to observe -closely. They have an important position in the establishment, having -the rank and status of Deputy Governors. They constitute a sort of -advisory council to the Governor, advising as to claim and fitness to -pass from one grade to another. They are at the same time, the friend -and counsellor of the inmate, and the adjutant to the Governor in -maintaining a strict discipline, and a due observance of order and -method in every particular. They are also, under the presidency of -the Chaplain, the educational authority of the establishment, being -responsible for the method both of elementary and advanced teaching.</p> - -<p>Though it will be seen that the rewards and privileges of each grade -are of a simple nature, yet they are a sufficient stimulus to the -majority of these lads to 'gain their blue,' as it is called. They -are simple devices for cultivating self-respect in a field where that -tender plant has never hitherto been sown. But it is in the simplicity -of these things that their value lies. Many of these lads are<span class="pagenum"><a name="Page_99" id="Page_99">[Pg 99]</a></span> total -strangers to the most elementary refinements of civilized life; and -so we inculcate the principle that by working hard and behaving well, -a reward which brings comfort and pleasure follows upon the effort -made. Here then we lay the first brick in building up character. The -Borstal lad is regarded as a piece of "human masonry," and every one -works with a will to turn out a creditable piece of work while the -lad is in their hands. They are laying bricks all the time, till the -<i>fatal</i> day of liberation comes—<i>fatal</i> because the Borstal System -depends essentially for its success upon the Aid-on-discharge which -Aid Societies, individually and collectively, can and will render. If -the crime in this country is going to be diminished, effort must be -concentrated on the young. It must be seen that the piece of masonry -which we have built up does not fall to pieces, like an Egyptian mummy, -immediately it comes into contact with the outer air of liberty. But -the best-conceived regulations will not, by themselves, effect much. -It is the personal influence of the Superintending Staff, from the -Governor downwards, which is the thing that matters. To understand -the Borstal System it is not enough to read about it in a book: you -must see it in actual operation,—the keen activity that pervades the -establishment: the admirable order and precision of the parade ground: -the swing-and-go of the gymnasium: the busy hive of industry in all its -multifarious departments: the educational classes and chapel services, -the lecture room; and when the time for recreation comes, the glow and -keenness of the youngsters in the football or cricket field. Given the -material we work with, at first slow, stubborn, impenetrable, with no -outlook in life but that of criminal adventure, with its gamble—but -its ultimate certain doom, the Prison—any impartial visitor will, I -think, agree that here is a wonderful metamorphosis—the conversion of -the inveterate gaol-bird of a few years ago to a strong, well-set-up, -well-drilled handy English lad, with respect for authority, with a new -birthright, qualifying him to enter the ranks of honest, industrious -labour. Such a conversion in a few cases would amply justify the -system, and all the expense and labour it has entailed; but when the -records<span class="pagenum"><a name="Page_100" id="Page_100">[Pg 100]</a></span> of the Borstal Association can show that this conversion takes -place in many cases, it must indeed be a great encouragement to all -engaged in social work, even in the most difficult places, that such -results will certainly follow upon healthy influences, steadily and -wisely applied.</p> - -<p>The principle of the Borstal System received an important extension by -the provisions of Section 10 of the Criminal Justice Administration -Act, 1914. The condition that the particular offence must be indictable -being removed, largely widens the scope and operation of the System. -The same Act also raises the minimum period of detention, and extends -that of "Supervision" after discharge. Considerable advantage is being -taken of Section 10 since it became law, no fewer than 211 males and 42 -females having been dealt with under its provisions in 1919-20.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_101" id="Page_101">[Pg 101]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_IX" id="CHAPTER_IX">CHAPTER IX.</a></p> - -<p class="center">THE HANDMAIDS OF THE PRISON SYSTEM:—<br /> - -(1) THE CHILDREN ACT, 1908:<br /> - -(2) THE PROBATION ACT, 1907.</p> - - -<p><span class="u">(1) THE CHILDREN ACT, 1908.</span></p> - -<p>The passing of the Children Act, 1908, which practically forbids -imprisonment before sixteen years of age, marks the last stage in that -slow and tedious journey which had to be undertaken by many devoted -men and women who were conscious of the grave evils resulting from -imprisonment, before it was generally realized that it was not by -throwing children and young persons automatically and indiscriminately -into gaol, that the grave problem of juvenile delinquency was going to -be solved.</p> - -<p>The Children Act, 1908, known as the "Children's Charter", -revolutionized the penal law of this country, so far as the -imprisonment of young persons under the age of sixteen was concerned, -in the English law there is a conclusive presumption that children -under seven years of age cannot have <i>mens rea</i>, and so cannot be made -liable to be punished by criminal law. Between seven and fourteen -years that presumption is no longer conclusive. Guilty knowledge -may be shown by the fact of the offender having been previously -convicted of some earlier offence, or even by the circumstances of -the present offence. Full criminal responsibility is presumed at the -age of fourteen. The Children Act, without reference to the question -of criminal responsibility, prescribed a clear distinction between -offences committed by <i>children</i>, <i>i.e.</i>, persons under the age of -fourteen, and <i>young persons</i>, <i>i.e.</i>, between fourteen and sixteen. -Neither "children" nor "young persons" <i>i.e.</i>, no person under the -age of sixteen, can now be sent to penal servitude or to imprisonment -unless the Court certifies in the case of<span class="pagenum"><a name="Page_102" id="Page_102">[Pg 102]</a></span> a young person, 14-16, that -he is of so unruly a character that an alternative form of punishment -is not desirable. Offenders under sixteen cannot be sentenced to -death, but may be detained during His Majesty's Pleasure. Those guilty -of grave crime, such as attempt to murder, manslaughter, &c., can be -detained in such places, and under such conditions, as the Secretary of -State may direct. The effect of this Act is, therefore, to withdraw all -persons under sixteen entirely, or almost entirely, from the control of -the Prison Authority. In lieu of detention in Prison, the Act creates -"Places of Detention", to be established by the Police Authority of -the district, the expense of maintenance being divided between the -Police Authority and the Treasury. Young offenders may be committed to -such Places of Detention for any period not exceeding one month, or -on remand or committal for trial. Such establishments are subject to -regulations and inspection by the Secretary of State. The Children Act, -1908, consolidated the law as to Reformatory and Industrial Schools, -and, at the same time, introduced other amendments, <i>e.g.</i>, that no -child under twelve should be sent to a Reformatory School: children -under that age may be sent to Industrial Schools, notwithstanding -any previous conviction recorded against them: power is given to the -Secretary of State to transfer from a Reformatory to an Industrial -School, and <i>vice versâ</i>: power of control and supervision of cases up -to the age of 19 is given to managers of Reformatory Schools where the -term of detention expires earlier: earlier licensing in the case of -Industrial Schools is permitted: and statutory reference is also made -for providing special Reformatory and Industrial Schools for physically -and mentally defective cases.</p> - -<p>For some years prior to the passing of the Children Act, 1908, those -interested in the welfare of the young had been trying to secure the -hearing of charges against juvenile delinquents in Courts of Justice -apart from those of adults. In 1905, several large towns had taken this -step. At Birmingham, the first separate Court for children's cases was -established in April, 1905, to which was attached the first Probation -Officer for children.</p> - -<p>In the same year, the Secretary of State issued a<span class="pagenum"><a name="Page_103" id="Page_103">[Pg 103]</a></span> circular to -Magistrates pointing out the evil resulting from contact with the -more depraved and criminal adults, and asking them to consider what -steps could be taken to prevent such contamination by securing their -protection at Police Courts during the hearing of their cases.</p> - -<p>One of the recommendations of the Inter-Departmental Committee on -Physical Deterioration, 1904, was that, whenever possible, in cases -touching the young, where the assistance of a Magistrate was invoked, -he should be a person specially selected, sitting for the purpose. In -a Circular to Justices in 1909, explanatory of the provisions of the -Children Act relating to the establishment of Children's Courts, the -Secretary of State expressed the opinion that it was desirable, where -possible, that the formation of Juvenile Courts should be assigned to a -separate rota of Magistrates who possess, or who would soon acquire, a -special knowledge of the methods of dealing with juvenile crime and of -institutions for juvenile offenders.</p> - -<p>On the passing of the Children Act, 1908, special Courts, called -Juvenile Courts, were created for dealing with charges against children -or young persons. Such Court may be either in a separate building, or -in a room of an ordinary Court House. No person, other than members -or officers of the Court or parties to the case, their counsel or -solicitors, or persons otherwise directly concerned in the case, may -be allowed to attend, and means must be taken for preventing young -persons while in attendance at the Court, or being conveyed to or from -Court, from associating with adults. The chief methods for dealing with -children and young persons charged with offences enumerated in Section -107 of the Act, are:—</p> - -<blockquote> - -<p>(<i>a</i>) by dismissing the charge; or</p> - -<p>(<i>b</i>) by discharging the offender on his entering into a recognizance; -or</p> - -<p>(<i>c</i>) by so discharging the offender and placing him under the -supervision of a probation officer; or</p> - -<p>(<i>d</i>) by committing the offender to the care of a relative or other -fit person; or</p> - -<p>(<i>e</i>) by sending the offender to an industrial school; or</p> - -<p><span class="pagenum"><a name="Page_104" id="Page_104">[Pg 104]</a></span></p> - -<p>(<i>f</i>) by sending the offender to a reformatory school; or</p> - -<p>(<i>g</i>) by ordering the offender to be whipped; or</p> - -<p>(<i>h</i>) by ordering the offender to pay a fine, damages, or costs; or</p> - -<p>(<i>i</i>) by ordering the parent or guardian of the offender to pay a -fine, damages, or costs; or</p> - -<p>(<i>j</i>) by ordering the parent or guardian of the offender to give -security for his good behaviour; or</p> - -<p>(<i>k</i>) by committing the offender to custody in a place of detention -provided under the Act; or</p> - -<p>(<i>l</i>) by dealing with the case in any other manner in which it may be -legally dealt with.</p></blockquote> - -<p>Since 1910, the number of cases dealt with in Juvenile Courts has -risen from 33,598 to 49,915 in 1918, the increase having taken place -chiefly since the outbreak of war. Included in the latter total were -28,843 boys and 1,364 girls under the age of 14. Statistics show that a -conviction is recorded in about 50 per cent. of the number dealt with -annually, the majority of which are disposed of by fine, whipping, or -committal to a Reformatory School. Of those cases in which the charge -is proved, though no order made for <i>conviction</i> (about 35 per cent.) -the bulk of the cases are disposed of by Probation, Recognizances, -Dismissal, or committal to an Industrial School. Only in the number -who were placed on Probation, and in the number whipped, is there any -great variation since 1910 in statistics as to the manner in which -cases were dealt with, as shown above. In the case of probation, in -1910 3,568 cases or 10·6 per cent. of the total dealt with, were so -disposed of: in 1918, the number had risen to 5,868, or 11·8 per cent. -of the total. A large rise is shown in the number who were whipped, -<i>viz</i>:—1,562 in the former year, and 3,593 in the latter, or 11·9 and -13·1 per cent, respectively, of the total <i>convicted</i>. In 1913 (the -latest figures available), 6,972 children and young persons, dealt with -in Juvenile Courts, were committed to Places of Detention, 4,073 of -whom were on remand, 1,910 to await removal to Industrial Schools, 11 -to await trial, and 147 under sentence. Nearly sixty per cent. of the -total cases were committed from the Metropolitan Police District and -Liverpool.</p> - -<p><span class="pagenum"><a name="Page_105" id="Page_105">[Pg 105]</a></span></p> - -<p>Public concern is not, however, only with the delinquent child. It -is also with the many thousands of children who are the subject of -physical or mental defect, or of insufficient care and supervision -during the age of adolescence. During that period, after having left -the public elementary schools, boys and girls are thrown into the outer -world to earn what wages they can without regard either to the special -aptitude they may possess, or to any security that the occupation they -choose is one in which they have any chance of remaining permanently -employed. It has become manifest to those dealing with young offenders -on discharge from Prison, or other Institutions, that one of the -principal causes leading to the commission of criminal acts is to be -found in what is generally known as "blind-alley" employment, <i>i.e.</i>, -employment obtained casually and thoughtlessly by young persons on -leaving school in which they cannot be maintained on attaining maturity.</p> - -<p>It was not till 1893, or more than twenty years after the principle -of compulsory elementary education had been established, that Blind -and Deaf children were made the special concern of the legislation. It -was later still than this that the case of the Defective and Epileptic -child engaged the attention of Parliament; but the Elementary Education -(Defective and Epileptic Children) Act, 1899, did not go beyond -prescribing that it should be the duty of the Local Education Authority -to ascertain the existence of such children. It was left to the option -of the Local Authorities whether or not the provisions of the Act -for their special treatment should be adopted, and a large number of -Education Authorities failed to respond.</p> - -<p>The Mental Deficiency Act, 1913, however, makes it the duty of every -Local Education Authority</p> - -<blockquote> - -<p>(1) to ascertain the existence of mental defect of such kind or degree -as to justify the diagnosis of feeble-mindedness, imbecility, or -idiocy;</p> - -<p>(2) to determine whether a child diagnosed as feeble-minded is or is -not capable of benefiting from education in a Special School, and;</p> - -<p>(3) to notify to the Local Authority under the Act,<span class="pagenum"><a name="Page_106" id="Page_106">[Pg 106]</a></span> all defective -children over the age of seven (<i>a</i>) who are incapable of education -in Special Schools; (<i>b</i>) who, though educable, are detrimental to -other children; (<i>c</i>) who require supervision or guardianship under -the Mental Deficiency Act, or (<i>d</i>) who after leaving a Special School -need institutional treatment or guardianship.</p></blockquote> - -<p>Under the Elementary Education (Defective and Epileptic) Children -Act, 1914, every Local Education Authority is compelled to notify -all mentally defective children; and to provide for the education -of those who are capable of profiting by instruction, the number -of whom (excluding idiots, imbeciles, and the lowest grade of the -feeble-minded) is estimated at over 30,000.</p> - -<p>As a security against "blind-alley" employment, and its consequent -dangers, a well-organized movement is now in progress throughout the -country by the establishment of Juvenile Employment bureaux and Labour -Exchanges, and by the setting-up of Advisory Committees in connection -with Education Authorities to secure advice, and guidance, and control -during the perilous age of adolescence. The Education Act, 1918, made -provision for raising the compulsory age for 'full-time' attendance -at a Public Elementary School from 12 to 14, and also for compulsory -attendance at continuation schools between the ages of 14 and 18. The -Act also contains drastic provisions restricting child labour during -such hours as interfere with efficient instruction. The determination -that the youth of this country should not only be saved from a criminal -career, but should have opportunities, suited to the age, for the -development of character, is found in the widely spread organizations -of Boy Scouts, Boys' Brigades, and other kindred associations.</p> - -<p>It is in this movement of voluntary personal service, on the part of -the earnest men and women, engaged in all these works and acting in -the highest sense of patriotism and public duty, that the hope of the -solution of the criminal problem lies in the future; and it is for this -reason that I have adverted shortly to a movement that is proceeding in -this country at the present time for the better nurture and education, -and control of all that<span class="pagenum"><a name="Page_107" id="Page_107">[Pg 107]</a></span> enormous number of boys and girls who, though -they must profit to a certain extent under a system of free compulsory -education, will not be transformed by education alone into useful and -honest citizenship. Side by side with the machinery of the public -elementary school system, there must be agencies at work of which the -high purpose is not only to secure that the defective child shall be -treated in accordance with scientific method, and that the pauper -child shall not have less favourable opportunity than his fellows, -but that all classes of children after satisfying the standard of -literacy ordained by the school authority, shall, during the period -of adolescence, be subject to such influences as shall secure them, -when they attain maturity, a fair chance in the competition of life. -Therein lies the prophylactic of crime. No Prison Authority can be -indifferent to the great social effort now being made, the effect of -which is perhaps already visible in the diminishing number of young -persons convicted of crime. In future years, it is hoped that it will -not be a commonplace, as it is now, for many old offenders to attribute -their downfall, and their persistence in a criminal career, to neglect -during infancy and early youth, and to the absence of any controlling -influence to save them during the initial years preceding maturity -from acts of mischief, or of fraud, until Prison, as the automatic and -unvarying penalty, destroyed in them the germs of hope and confidence, -and self-respect, without which a foothold in honest life could with -difficulty be regained.</p> - - -<p><span class="u">(2) THE PROBATION ACT, 1907:—</span></p> - -<p>Former International Prison Congresses pronounced in favour of the -provisional sentence ("<i>sentence provisoire</i>"). By this is meant in -foreign codes what is generally known as a "conditional conviction," -<i>i.e.</i>, a conviction takes place, but is not carried into effect, -conditionally on the good conduct of the offender during a term of -years (generally five) prescribed by the law. This respite is known -technically as "<i>sursis à l'exécution de la peine</i>." The principle of -conditional conviction is common to most penal codes, but operates -in different ways, <i>e.g.</i>, it may take the form simply of judicial -reprimand, or of being<span class="pagenum"><a name="Page_108" id="Page_108">[Pg 108]</a></span> bound over to be of good behaviour, or of -probation, as in England and America, or of respite in the execution of -the sentence, as in France, Belgium, and Switzerland. The Continental -law of "<i>sursis</i>" or "<i>respite</i>" differs from the English law of -Probation in that in the former case there is always a conviction. -In England, except in serious cases tried on indictment, there is no -conviction. The English law gives power if the court, "having regard -to the character, antecedents, age, health, or mental condition of -the person charged, or to the trivial nature of the offence, or to -the extenuating circumstances under which the offence was committed, -thinks fit so to act, to discharge the offender conditionally on his -entering into a recognisance, with or without sureties, to be of good -behaviour and to appear for conviction" (if before a court of summary -jurisdiction) "and sentence when called on at any time during such -period, not exceeding three years, as may be specified in the order." -Such a recognisance may contain the condition that the offender -shall be under the supervision of a probation officer. The court may -add further conditions with respect to residence, abstention from -intoxicating liquor, and any other matter which, having regard to the -particular circumstances of the case, it may consider necessary for the -prevention of the same offence, or the commission of other offences.</p> - -<p>It is the duty of the probation officer, subject to the directions of -the court—</p> - -<blockquote> - -<p>"(<i>a</i>) to visit or receive reports from the person under supervision -at such reasonable intervals as may be specified in the probation -order, or subject thereto as the probation officer may think fit;</p> - -<p>"(<i>b</i>) to see that he observes the conditions of his recognisance;</p> - -<p>"(<i>c</i>) to report to the court as to his behaviour;</p> - -<p>"(<i>d</i>) to advise, assist, and befriend him, and, when necessary, to -endeavour to find him suitable employment."</p></blockquote> - -<p>Should the probationer commit fresh offences, or evade the supervision -of the probation officer, or otherwise break any of the conditions -of his recognisance, he is to<span class="pagenum"><a name="Page_109" id="Page_109">[Pg 109]</a></span> be brought again before the court and -sentenced for his original offence.</p> - -<p>The Probation Act, therefore, provides a method by which a person who -has offended against the law, instead of being punished by imprisonment -or fine, or, in the case of a child, being sent for a prolonged period -to a reformatory or an industrial school, may be brought under the -direct personal influence of a man or woman chosen for excellence -of character and for strength of personal influence; and, lending -authority to that supervision, and securing that it shall not be -treated as a thing of little account, the Act keeps suspended over the -offender the penalties of the law, to be inflicted or to be withdrawn -according as his conduct during the specified period is bad or good.</p> - -<p>The new procedure, under the Act of 1907, marks a great advance. The -formality of the Probation Order, regular visits and reports, and the -knowledge that the supervision is that of a duly appointed officer of -the Court,—all these things combine to secure a much stronger hold -over the offender than the simple recognizance, which was previously -the rule. Again, the Act provides for the appointment of officers at a -number of Courts which had not previously been provided with the means -of securing supervision in cases where the Courts desired not to resort -to the penalty of imprisonment. The appointment of at least one paid -Probation Officer at every Court may now be regarded as indispensable -for the proper administration of justice. Their appointment, however, -is not compulsory, and it is only in the Metropolis that they are -appointed by the Secretary of State. It is within the discretion of -other Courts whether or not they shall avail themselves of the services -of a Probation Officer. In fact, many Courts of Summary Jurisdiction -throughout the Country are still unprovided for.</p> - -<p>The extent to which Probation Orders are applied varies to a great -extent in different parts of the country. In the Metropolis, not -more than one in seventy-eight out of the total number of persons -proceeded against summarily was so dealt with in 1913. At Liverpool -and<span class="pagenum"><a name="Page_110" id="Page_110">[Pg 110]</a></span> Manchester, it is less than this, while in Hull and Birmingham, -it is greater. Though many years have elapsed since the passing of the -Act, there is still a comparative inactivity on the part of many of the -Courts to give effect to its provisions, and many do not yet appear -to have fully realized that the Act may be applied to all classes -of offenders, and not only to first offenders, as was formerly the -case. Moreover, the fact that the Probation System has been actively -advocated by those specially interested in the treatment of Juvenile -Offenders has led to a general opinion that the measure is to be used -only in the case of the young. But in fact there are a great number of -cases in which the offender is neither a first offender nor a child, -but in which a Probation Order could very properly be made. Time will, -no doubt, remove this misunderstanding, and when the Courts realize -what assistance can be rendered to the administration of justice by -judicious use of the Probation System, it is nearly certain that -Probation Officers—male and female—for the younger as for the older -prisoners, will become an established part of the machinery of every -Court. The Probation Act, 1907, repealed Section 16 of the Summary -Jurisdiction Act, 1879, and the Probation of First Offenders Act, -1887. The Summary Jurisdiction Act, 1879, provided by Sec. 16 (1) that -where the charge, though proved, was of a trifling nature, the Court, -<i>without proceeding to conviction</i>, might dismiss it, and <i>might</i> order -the defendant to pay damage not exceeding 40/- and costs; by Sec. 16 -(2) that <i>on conviction</i> the Court might order the defendant to give -security with or without sureties, and with or without payment of -damage or costs.</p> - -<p>The Act of 1887 provided that the Court, before whom a person, not -previously convicted, was brought, and who was convicted of larceny -or false pretences, might, having regard to the youth, character and -antecedents &c. of the offender, or to the trivial nature of the -offence, direct that he be released on entering into recognizances, &c. -to come up for judgment when called upon, and to be of good behaviour. -If he failed to observe any of the conditions of his recognizance -he was liable to be brought up to answer as to his conduct, and<span class="pagenum"><a name="Page_111" id="Page_111">[Pg 111]</a></span> to -receive judgment.</p> - -<p>The Act of 1907, in lieu of the foregoing, provides that when any -offender is charged before a Court of Summary Jurisdiction with an -offence punishable by such Court, and the Court thinks the charge is -proved, it may nevertheless dismiss the charge altogether, or may bind -the offender over, with or without sureties, to appear for conviction -and sentence when called on at any time during a specified period not -exceeding three years, if it "is of opinion that, having regard to the -character, antecedents, age, health, or mental condition of the person -charged, or to the trivial nature of the offence, or to the extenuating -circumstances under which the offence was committed, it is inexpedient -to inflict any punishment or any other than a nominal punishment, or -that it is expedient to release the offender on probation."</p> - -<p>If such an order is made, or if the charge is dismissed under the Act, -the Court may further order the offender "to pay such damages for -injury or compensation for loss (not exceeding in the case of a Court -of Summary Jurisdiction ten pounds, or, if a higher limit is fixed by -any enactment relating to the offence, that higher limit), and to pay -such costs of the proceedings as the Court thinks reasonable."</p> - -<p>The powers granted under the latter Act were thus wider in their scope, -and it was hoped that they would be used with greater frequency, and -with better guarantee of good results by the appointment of Probation -Officers, as prescribed by the Act. But at the present time, statistics -do not show that the principle of Probation has been as widely extended -in consequence of these provisions, as might have been expected. The -numbers so dealt with in 1907 (the year before the Act came into -operation) and those for the last recorded year (1918) are as follows:—</p> - -<table summary="stats" width="60%"> -<tr><td><b>1907</b></td> <td>Probation of First Offenders Act, 1887</td> <td align="right">8,097</td></tr> -<tr><td></td> <td>Summary Jurisdiction Act, 1879, Sec. 16 (1)</td> <td align="right">45,195</td></tr> -<tr><td> </td><td>" " " " " Sec. 16 (2)</td><td align="right">8,205</td></tr> -<tr><td> </td><td></td><td align="right">———</td></tr> -<tr><td> </td><td>Total</td> <td align="right">61,497</td></tr> -<tr><td></td><td></td><td align="right"> ———</td></tr> -</table> -<p>(or 8.2 per cent of the total number proceeded against).</p> - - -<p><span class="pagenum"><a name="Page_112" id="Page_112">[Pg 112]</a></span></p> - -<table summary="stats" width="60%"> -<tr><td><b>1918</b> Probation Act. 1907:—</td><td></td></tr> - -<tr><td>Tried on indictment (conviction recorded):—</td></tr> -<tr><td>Recognizances, with Probation Order</td> <td align="right">443}</td></tr> -<tr><td> " without " " </td><td align="right"> 652}</td> <td align="right">1,095</td></tr> -<tr><td>Tried summarily: Order made, without conviction for:—</td></tr> -<tr><td>(<i>a</i>) Dismissal</td> <td align="right">26,231}</td></tr> -<tr><td>(<i>b</i>) Recognizances</td> <td align="right">11,284}</td> <td align="right">48,761</td></tr> -<tr><td>(<i>c</i>) Probation Order</td> <td align="right">11,246}</td></tr> -<tr><td>Total</td> <td></td> <td align="right">49,856</td></tr> -<tr><td></td><td></td><td align="right">———</td></tr> -</table> -<p>(or 11·5 per cent of the total number proceeded against).</p> -<p>Owing to differences in the law and of procedure, it is difficult, -if not impossible, to make comparison between England and Foreign -Countries as to the extent to which Probation in the former, -and "<i>sursis</i>" in the latter is being used as an alternative to -imprisonment. So far as my researches have enabled me to go, I would -venture the opinion that "<i>sursis</i>" is being used to a considerably -larger extent in France, Belgium, and Italy than Probation is being -used in England. There are, moreover, I believe, no statistics for -comparing the results of the two systems. We know that in England the -percentage of revocations is not more than about 6, the actual numbers -having been as follows for the five years ended 1913:—</p> - -<table summary="stats" width="60%"> - -<tr><td></td><td align="right">Probation<br />Orders made.</td><td align="right">Number who appeared<br />for sentence.</td></tr> - -<tr><td>1909</td> <td align="right">8,962</td> <td align="right">624</td></tr> -<tr><td>1910</td> <td align="right">10,217</td ><td align="right"> 584</td></tr> -<tr><td>1911</td> <td align="right">9,516</td> <td align="right">593</td></tr> -<tr><td>1912</td> <td align="right">11,192</td> <td align="right">655</td></tr> -<tr><td>1913</td> <td align="right">11,057</td> <td align="right">603</td></tr> - -</table> - -<p>The effect of suspended sentence ("<i>sursis</i>"), without probationary -oversight, was declared at the Washington Congress to be difficult, -if not impossible, to ascertain, and the Congress went further in -resolving that it was desirable for each State or County to provide -a Central Authority to appoint some agency to exercise general -supervision over Probation work. This is now the case<span class="pagenum"><a name="Page_113" id="Page_113">[Pg 113]</a></span> in the State -of New York, where a State Probation Commission has been appointed, -and where, since 1910, as the consequence of good organization, there -has been a great extension of the operation of the system. My own -opinion is that Probation, carefully organized, <i>i.e.</i>, with a staff -of carefully selected Probation Officers, both Male and Female, is, -as I have already stated, an indispensable part of the machinery of -criminal justice, and, as such, ought to be under the direct control -and supervision of the State, not with the idea of hindering or -impeding voluntary effort by official interference, but by securing -that each Court shall have its proper equipment for this purpose, and -that, in every case where there is a transgression of the conditions -of Probation, there shall be, without fail, an immediate report to the -Court entailing an effective punishment of the offender who has refused -to profit by the clemency extended to him under the Probation Act. I -do not think, so long as the institution of this valuable machinery is -permissive and left to the discretion of the Court, that a full effect -will ever be given to the admirable principles of the Probation System, -as a handmaid of justice, or that there will be a sufficient guarantee, -that where a Court has used its powers in this respect, there shall -be a prompt and effective vindication of the law in the event of any -breach of conditions. In this way only, can an answer be made to any -criticism by the many persons who have attempted, by their experience -in individual cases, to suggest that Probation may be merely a mask -for impunity. Unless Probation is so organized as to clear itself from -this reproach, I am afraid that it will never take its place firmly and -progressively as a necessary and indispensable weapon in the armoury of -the criminal law.</p> - -<p>The Home Secretary has recently appointed a Committee to inquire into -the question of the organization of Probation; and it is likely that we -are on the eve of an extensive development of the system.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_114" id="Page_114">[Pg 114]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_X" id="CHAPTER_X">CHAPTER X.</a></p> - -<p class="center">FEMALE OFFENDERS.</p> - - -<p>At the date of the London Congress of 1872 there were more than 1,200 -females in convict prisons undergoing penal servitude: to-day there are -less than 100. In the same year, there were 44,554 committals to local -prisons, representing 382·3 per 100,000 of the female population of the -country. For each of the ten years ended 1913, the committals steadily -decreased from, roughly, 50,000 to 30,000, and since that date, to -about 12,000, or 76 per cent., representing in 1920 only 32 per 100,000 -of the population of the country, as compared with 198 in 1913. The -Local Prison daily average population has fallen from 3,198 to 2,375 -during the ten years ended 1913-14, and to 1,137 in 1919-20, or 61 per -cent., and that of the convict population from 149 to 82, a decrease of -45 per cent.</p> - -<p>The great diminution of the female population has resulted in the -closing of a large number of establishments. At the time the Prisons -were taken over by the Government there were about 100 female prisons; -to-day there are only 26, and of these only six had a daily average -exceeding 50 in 1919-20.</p> - -<p>Women sentenced to penal servitude are, as already stated, kept in a -section of the local prison at Liverpool. Except in the Metropolis, -those sentenced to ordinary imprisonment are kept in wings of local -prisons, entirely detached from the male side, and are under the -supervision of a matron, assisted by a female staff, the Governor -of the whole establishment being responsible for general order and -discipline. In the Metropolis, a large prison—Holloway—is given up -entirely to the custody of female convicted prisoners, and is also the -House of Detention for the unconvicted. The Governor is a medical man.<span class="pagenum"><a name="Page_115" id="Page_115">[Pg 115]</a></span> -At the largest Prisons the female population is under the supervision -of a Lady Superintendent.</p> - -<p>If we examine the causes that bring these women to prison annually, -whether the population be high or low, it appears that nearly -two-thirds are committed for Drunkenness or Prostitution. Each -succeeding year presents a heavy and monotonous list of women who -thieve, keep brothels, neglect, or illtreat their children and offend -in various ways against the Vagrancy Laws or Police Regulations. For -such offences, the figures of recidivism are appalling—about one in -every five committed having incurred over 20 previous convictions—some -as many as 100 or 200. The actual percentage of the total receptions -annually who have been previously convicted is greater in the case of -females than for males, the former ranging between 70 and 75 per cent., -and the latter between 50 and 60 per cent, annually.</p> - -<p>A striking illustration of the high rate of recidivism prevailing among -the female population was afforded a few years ago, when an inquiry -was instituted as to the numbers of women committed to Holloway Prison -for Drunkenness, and their previous convictions for that offence. It -showed that during the three years ended 1915, 10,888 committals for -Drunkenness were recorded against 1,628 women, who, including the above -convictions and those incurred <i>prior to 1913</i>, had on their combined -records a total of 30,986 convictions. Of these 1,628 individual -prisoners:—</p> - -<blockquote> - -<p>1,092 were received in 1913, incurring in that year 2,768 convictions,</p> - -<p>1,045 were received in 1914, incurring in that year 3,931 convictions,</p> - -<p>813 were received in 1915, incurring in that year 4,189 convictions.</p></blockquote> - -<p>Amongst the 1,628 women was selected a group of 25, who, at the end -of 1915, had each received ten or more convictions for this offence. -All were stated to have been first offenders in 1913 and 1914. By the -end of 1915, these 25 women had amassed a total of 353 convictions. -This inquiry showed that in 1915 a falling population committed for -Drunkenness was contributing more<span class="pagenum"><a name="Page_116" id="Page_116">[Pg 116]</a></span> convictions per annum than formerly, -<i>viz</i>:—5 per annum in 1915 as compared with 2.6 in 1913. The high -rate of recidivism in the Local prison population limits the number of -<i>individual</i> women in the community who are sent to prison annually to -a comparatively small total. Statistics show that over 32 per cent. -of the total committed on conviction in a given year are sent to -prison more than once in that period. This rate applied to the total -receptions for 1919-20 would show that the whole Female population of -prisons for that year was limited to slightly over 8,000 individuals.</p> - -<p>It does not appear that until recently any special effort had been made -to deal with the problem of the female recidivist: in fact, the study -of the English Penal System does not show that at any time the method -of dealing with criminal women has engaged that close attention which -might have been expected from the nature and difficulty and importance -of the problem. The law strikes men and women indifferently with the -same penalties of penal servitude and imprisonment. In the case of -women it only provides that they shall be separated from the other sex: -that they shall be in the charge of female officers, and that they -shall be relieved from the harder forms of labour. Generally speaking, -the methods of punishment are the same, subject to such modification -and exceptions as difference of sex obviously demands. This is not the -place to examine those abstruse, psychological, and social causes which -render the rehabilitation in honest life of women who have fallen from -their high estate of probity and virtue so difficult. Prison workers -can, from painful and almost daily experience, endorse the despairing -plaint—</p> - -<p> -<span style="margin-left: 0.5em;">"L'honneur est comme une île, escarpée et sans bords,</span><br /> -<span style="margin-left: 0.5em;">On n'y peut plus rentrer, quand on est dehors."</span><br /> -</p> - -<p>But the admitted difficulty of the task has not prevented the most -strenuous efforts being made in this country during recent years to -rescue the female prisoner by visitation in Prison and by after-care -on discharge. In 1901 the Lady Visitors' Association was founded with -the object of securing at each Prison a body of earnest and devoted -ladies, with experience of rescue-work and a<span class="pagenum"><a name="Page_117" id="Page_117">[Pg 117]</a></span> keen sympathy with even -the most degraded of their sex. This body worked for many years under -the presidency of Adeline, Duchess of Bedford, until her much lamented -death which recently occurred. These ladies working in all the female -prisons, local and convict, under a regular and approved system, by -their unfailing devotion to the quiet, if trying and inglorious, duty -of cellular visitation, and in close co-operation with the authorities, -lay and religious, have discharged a great and difficult public duty. -They have undoubtedly contributed to that decrease in the number of -female prisoners which recent statistics illustrate. Apart from this, -they have furnished a notable example of high christian endeavour, and -many prisoners owe their reclamation to the light from the torch of -promise which these Visitors hold high in their work of encouragement -and persuasion to turn from the paths of crime and evil-doing.</p> - -<p>Lady Visitors are appointed by the Commissioners, subject to the -concurrence of the Visiting Committee and of the Prison Authorities, -with a view to the regular and systematic visitation of <i>all</i> Female -prisoners, soon after reception, during sentence, and shortly before -discharge.</p> - -<p>In order that the assistance of Lady Visitors may be utilised to the -fullest extent, Governors, Matrons, and Chaplains are instructed to -inform all female prisoners, and to encourage them to avail themselves -of the privilege within their reach.</p> - -<p>It is the duty of the Chaplain at each Prison to endeavour to secure a -sufficient number of Lady Visitors to attend to the needs of all female -prisoners, and to take care, by a judicious distribution of duties, -that all deserving cases receive consideration, and that no conflict -or competition arises in the attention given to any individual case. -As it is obvious that most practical good is likely to follow the -ministrations of the Lady Visitors if their attention is concentrated -mainly on the welfare of the prisoners on discharge, and if any -influence that may be acquired over the prisoners while in prison is to -be continued after release, it is desirable, in this connection, that -use should be made of the services of any ladies who may be attached to -the Discharged Prisoners' Aid Society. In order to secure<span class="pagenum"><a name="Page_118" id="Page_118">[Pg 118]</a></span> the better -direction of the services of Lady Visitors, and to avoid any clashing -of duties, it has been found advisable that their work should be under -the guidance of the Chaplain or Prison Minister.</p> - -<p>Arrangements may be made for a Lady Visitor to deliver, or arrange for, -addresses or lectures, to selected classes of prisoners, on any moral -or useful subject.</p> - -<p>A book is kept for the use of Lady Visitors, in which they may make any -record they think desirable as to the action taken by them in regard -to any prisoner, and in which they may enter any suggestion they may -have to offer with regard to the industries on which prisoners could be -employed, having regard to the needs of the locality and their welfare -on discharge.</p> - -<p>But it is to concentration of effort on the younger cases that the -most fruitful and lasting results must be due. The application of the -Borstal System to the young female, is being strenuously pursued at -the Aylesbury Institution and is full of promise for the future. Here -again the Prison authority relies greatly on the influence and aid of -voluntary lady workers both inside the Institution and on discharge. -The Visiting Committee, over which a lady presides, in addition to -duties, judicial and other, prescribed by statute, take a keen personal -interest in the work of the Institution,—laundry and domestic work, -cooking classes, gardening, drill, school,—and make themselves -acquainted with the personal character and history of the inmates. -These, on discharge, pass into the hands of a Ladies' Committee of the -Borstal Association who have already made the preliminary arrangements -necessary for suitable disposal. As a rule, a girl passes straight -to work, be it domestic service, or factory, or workshop. A social -worker in the district, who places her services at the disposal of the -Association, and known as an "Associate," is placed in touch with the -case, for help or advice at any time. If possible, also, arrangements -are made that the girl may benefit by association with any guild, club, -or adult school, under the influence of which a relapse into idle or -criminal habits might be prevented.</p> - -<p><span class="pagenum"><a name="Page_119" id="Page_119">[Pg 119]</a></span></p> - -<p>The Annual Reports of the Borstal Association show that on an average -about 59 per cent. of girls discharged annually from Aylesbury are -reported as satisfactory at the end of the year; 30 per cent. as -unsatisfactory, and about 11 per cent. as having been reconvicted.</p> - -<p>On the question of permanency of results of Borstal treatment, the -following figures will be of interest:—132 girls were discharged from -Aylesbury between 1st January, 1910, and 31st March 1914. In 1915 their -records showed that 75 (or 56.8 per cent.) had not since been reported -as reconvicted, and were satisfactory when last heard of; 17 (or 12.9 -per cent.) were unsatisfactory when last heard of, but had not been -reported as reconvicted; 35 (or 26.5 per cent.) had been reported as -reconvicted; 2 had died; and 3 were sent to asylums. That is to say, -over 69 per cent. had not been reported as reconvicted.</p> - -<p>These figures are full of hope for the future when it is considered -with what material we are dealing. It is nearly, if not quite, certain -that if, as was till lately the case, these girls had on the occasion -of each repeated offence, been made subject to a mere repetition of -short sentences of imprisonment in the Local Prisons, they would, -without exception, have drifted hopelessly and inevitably into the -ranks of "professional" recidivism. To pick up and save even one from -such a fate is a great and praiseworthy act, bringing as much honour to -the worker who achieves it, as advantage to the community, which is at -least freed from this one contaminating and hurtful influence: but to -save even more than half, and as time goes on, it is hoped even more -than that, is a work, not only of substantial material benefit to the -State, and in that way patriotic in the best sense of the word, but a -splendid example of human charity and effort, which is determined that -these young erring creatures shall not glide down the easy current of -shame and dishonour without at least an attempt to rescue and save.</p> - -<p>As in the case of male offenders, there is also in operation at all -Prisons, a "Modified" Borstal System for females, which may be applied -up to the age of 25.<span class="pagenum"><a name="Page_120" id="Page_120">[Pg 120]</a></span> The later age than in the case of males is due -to the great desire of the Commissioners to segregate, as far as -practicable, all young females from the contamination which experience -shows must arise from any association with the older females, versed -in crime and ever ready to corrupt, by their precept and example, the -younger ones, who are still hesitating which path to choose.</p> - -<p>The instructions regulating this class provide that cases up to the age -of 25 may be admitted if the Authorities at the Prison are of opinion -that benefit would result therefrom, and that no prejudicial influence -would be exerted on younger inmates in the class. Admission to the -class up to the age of 21 is the rule rather than the exception, but -in any case where it is shown that a girl has rejected former efforts -made to reclaim her, or that she is known to be likely to exert a -corrupting influence on others, or that her manner or disposition, or -previous history, are such as to make it probable that she will do -so, the Authorities are empowered to exclude her from the class. The -rules provide that such cases as are excluded shall be kept apart, as -far as possible, from adult recidivist prisoners, and may, if thought -desirable, receive special treatment. Care is to be taken that no -prisoner shall be allowed to think that she is considered to be past -hope or cure.</p> - -<p>It is not likely, of course, that the same results can be obtained by -the application of the "Modified" System to short sentences in local -prisons, but there is satisfactory proof that the "individualization" -of each case as it comes to prison, the care and attention given, the -encouragement of any showing the least symptom of a desire to reform, -are bearing fruit.</p> - -<p>The fall in the annual number of young women, 16-21, received into -prison on conviction, which has taken place during the fifteen years -prior to the War, <i>viz</i>:—from 2,310 to 858, or 63 per cent., may -be largely attributable to this special work in Prisons. It is to -be regretted that during the War there has been a tendency for this -particular age category to increase, the number received last year -having risen to 1,098. But it may confidently be expected that with -a return to normal conditions, this<span class="pagenum"><a name="Page_121" id="Page_121">[Pg 121]</a></span> total will again decrease. Had -not the terrible calamity of War impeded progress, steps would have -been taken earlier to greatly improve and develop the State methods -of dealing with young female offenders; but, as already stated, in -view of the remarkable fall in the number of women sentenced to penal -servitude, it has lately been found possible to transfer the female -convicts from Aylesbury to a Wing of Liverpool prison, thus releasing -the establishment entirely for use as an Institution under the Borstal -Act. The powers conferred by this Act are largely extended by Section -10 of the Criminal Justice Administration Act, 1914. Whereas the former -Act applies only to persons of criminal habits or tendencies convicted -on indictment, this Section allows a sentence of detention in a Borstal -Institution to be imposed in a case where an offender is summarily -convicted of an offence for which a sentence of one month or upwards, -without the option of a fine, can be imposed, but before an offender -can be dealt with under this Section, it must <i>appear</i> that there is -criminal habit or tendency, and it must be <i>proved</i> that there has been -a previous conviction of an offence or a failure to observe a condition -of recognizance on being discharged on probation. This same Act also -raises the minimum period of detention in a Borstal Institution to two -years, and increases the period during which a case may be kept under -supervision after discharge.</p> - -<p>Owing to this extension of powers under the Borstal Act a larger number -of young women offenders are now falling within the meshes of the net, -thus widely and wisely spread, the daily average having risen from 87 -to 184.</p> - -<p>In anticipation of such an increase, an extension of the scope of -employment under skilled superintendence is being gradually introduced. -Work in the open air, gardening, farm-work, tending poultry and stock, -will be specially encouraged.</p> - -<p>It is devoutly to be hoped that as the Borstal System for women -develops, the march of the annual army of female recidivists -through the prisons may be arrested. It can only be stopped by -the concentration of a great effort,<span class="pagenum"><a name="Page_122" id="Page_122">[Pg 122]</a></span> legal, official, and moral, -on the young female offender. The easy irresponsible method of -awarding sentences of a few days or weeks for repeated offences of a -trivial nature is no remedy for the evil. The Borstal System catches -comparatively few of these cases. If the age were extended, say to -30, in the case of women, and the principle of Reformatory sentences -were approved by Parliament in every case where criminal tendency was -observable, and a State Reformatory for this purpose were established, -as it has lately been established in some States of America, then -there might be some hope of rescuing from crime a larger percentage -of women than is likely, or even possible, under the present system. -By the daily operation of the law, sending these cases repeatedly and -hopelessly to Prison, and from the present limitation of age (21) for -the admission of women offenders to special reformatory treatment -(<i>i.e.</i>, under periods of detention long enough to give a chance of -eradicating the evil tendency), no really great impression is going to -be made on the girl or woman offender. The heavy roll of commitments -to Prison and re-commitments will only cease when the State boldly -recognizes the essential difference between the instincts and motives -leading to criminal acts in the two sexes, and adapts its method of -punishment and reformation accordingly.</p> - -<p>The desirability of employing women for the superintendence and control -of female prisoners is recognized. At the time when the Departmental -Committee on Prisons, 1895, made their report, nearly 50,000 women were -being committed annually to Prison, but that Committee did not consider -that "the time of a Lady Inspector of Prisons would be sufficiently -employed, but thought that a Lady Superintendent might be appointed who -could not only do the ordinary work of inspection, but who could also -be responsible for the general supervision of female prison industry, -and for such other duty as the Secretary of State might consider it -desirable to assign her." Since that date the annual committals have -fallen by 78 per cent., the total commitments for last year being only -12,000; but the Commissioners have, for a considerable time, been -assisted by a Lady Inspector of Prisons, and<span class="pagenum"><a name="Page_123" id="Page_123">[Pg 123]</a></span> at each female prison -there is a voluntary body of Lady Visitors, whose duties are referred -to above; the welfare of young girls at the Aylesbury Institution, both -during detention and on release, is the subject of anxious care and -supervision by Lady Members of the Visiting Committee. Lately a new -rank of Lady Superintendent has been created among the discipline staff -of the largest female prisons. The presence of Ladies on the Visiting -Committees of Prisons is in every way desirable, and it is hoped that, -in the near future, the qualification of Justice of the Peace having -been extended to the female sex, all Prisons for females may be subject -to the visitation and jurisdiction of Lady Justices. It is recognized -also that the medical care of females in penal institutions should be -entrusted to Lady Doctors. We have been fortunate in securing very able -and highly skilled women both at Holloway and Aylesbury, and their -appointment has been an undoubted success.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_124" id="Page_124">[Pg 124]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_XI" id="CHAPTER_XI">CHAPTER XI</a></p> - -<p class="center">EDUCATIVE, MORAL, AND RELIGIOUS INFLUENCES IN PRISON.</p> - - -<p>In a former Chapter I have referred generally to the efforts made in -English Prisons to apply such methods as are practicable, having regard -to the average shortness of sentences, and to the fugitive character of -the population, for the uplifting of prisoners educationally, morally, -and spiritually.</p> - -<p>It is a commonplace, dating from the middle of the eighteenth century, -that we must educate our prisoners, as it was also the common -injunction that we must inspire them with the teachings of religion, -and the habit of industry.</p> - -<p>At a time when education was the privilege of the few, and no national -system was in existence, and when the average length of sentence gave -opportunity for methodical and continuous teaching, it was reasonable -that advantage should be taken of a long period of enforced custody -to establish a system, where, at least, the many illiterates coming -to prison could be taught the simple lessons of reading, writing, and -arithmetic.</p> - -<p>Records, however, do not show that before all prisons passed under -the control of the Government a very serious effort had been made -to grapple even with illiteracy, to say nothing of schooling in -the more advanced subjects. When the Local Prisons were taken over -by the Government in 1878, there were only 50 schoolmasters in 113 -prisons. 'Hard Labour' was the dominant note in prison administration, -regardless of the obvious fact that simple manual labour unaided by -the<span class="pagenum"><a name="Page_125" id="Page_125">[Pg 125]</a></span> increased aptitude that follows upon even a moderate cultivation -of the mind, will not rehabilitate a man or enable him to rise to a -higher level of existence. Half-an-hour a week, or even a quarter of -an hour, was all that could be set aside from the demands of labour -for such a purpose as teaching a prisoner to read or write, or perform -those simple calculations in money, by which he could regulate the -spending power of his wages, or estimate his domestic budget.</p> - -<p>No great advance was made even after the Government assumed control, -though the subject of education in prison was, on more than one -occasion, the subject of special inquiry.</p> - -<p>Even at that time, the question was considered whether the passing -of the Compulsory Education Act in 1870 had not relieved the Prison -Authority of the duty of adult teaching in its elementary sense, and -whether it might not be assumed that all persons coming in later life -to prison had acquired a sufficient learning in elementary subjects in -the National schools. But statistics showed that in 1880 the number of -illiterates coming to prison was practically the same as before the -passing of the Act—about 33 percent., while the number of those who -could only read and write imperfectly was no less than 62 per cent. It -was obvious that some years must elapse before elementary teaching in -Prisons could be dispensed with. If we examine statistics since 1880, -it is true that we find a large decrease in the number of illiterates -coming to prison. In 1890 there were 37,000 committed who could neither -read nor write: in 1900, 28,000, and in 1913 (the last recorded year) -the number had fallen to 18,000,—representing for each year 25, 19, -and 13 per cent. of the total committals, respectively. The bulk of the -prisoners fall within the category of those who "can read and write -imperfectly, or with moderate proficiency," and concurrently with the -decrease in the proportion of illiterates received, these have risen -from 72 per cent. in 1890, and 75 per cent. in 1900, to 82 per cent. in -1913. But the remarkable feature of these statistics is that, after 50 -years of compulsory education, over 18,000 should be committed annually -who are unable to read or write.<span class="pagenum"><a name="Page_126" id="Page_126">[Pg 126]</a></span> These disappointing figures may be -explained in various ways. Either a large number of those forming the -criminal class, by reason of vagrancy and absence of settled home -and life, slip through the meshes of the educational net: or, in the -years between the school-leaving age and the apprenticeship of crime, -they forget all they have learnt: or the rudiments of learning are -not impressed with sufficient force and concentration in the tender -years, when impressions are most likely to remain. Educational experts -may argue as to this, but the fact remains that, judged by prison -statistics, our costly and elaborate system of public education is not -at least producing the results which were anticipated by those who -dared to think fifty years ago that elementary teaching would be no -longer required in Prisons; and so the Prison authority still remains -in a sense an educational authority; but the <i>rôle</i> it plays is not -ambitious, and does not aim higher than to teach the illiterate to read -and write, and in the small space and opportunity given, to raise to a -higher standard those who are just a little better than illiterates.</p> - -<p>For many years all prisoners under the age of 40, and with sentences of -three months and over were taught in prison. Experience has, however, -shown that better results can be obtained by concentrating attention on -the young, and on them even if the sentence is quite short—more than -a month. The rule is now to confine education to those under 25 years -of age; with power to admit older prisoners to the privilege, where the -circumstances of the case would promise any practical result.</p> - -<p>At the present time, it is estimated that about 5,000 prisoners under -25 in a year, who on reception are below Grade III. of the National -Code pass through the schools, and, as a result of such education as -will be given, about 33 per cent. succeed in passing out of this Grade -in a year, while 74 per cent. pass one or more grades during the year.</p> - -<p>Our teaching staff is recruited from our own discipline staff. -Capable and intelligent warders are given the opportunity, subject -to satisfying the Civil Service Commissioners that they possess the -necessary literary require<span class="pagenum"><a name="Page_127" id="Page_127">[Pg 127]</a></span>ments, of entering the Schoolmaster class. -Having passed such literary test, they are appointed for six months, -when their ability to teach is tested by the Chaplain of the Prison, -and then, subject to confirmation by the Chaplain-Inspector of Prisons, -they pass into the permanent Schoolmaster grade.</p> - -<p>It is not an ambitious scheme, nor is it pretended that our -Schoolmasters can compete in learning and ability to teach with the -trained teacher of our public schools; but, given the nature of the -task they have to perform with a fugitive class, many of whom are not -desirous to learn, or to re-learn what they have once been taught, it -may be stated that they adequately fulfil the purpose for which they -are appointed.</p> - -<p>Although the classes are now limited to the younger prisoners, there -is, of course, an infinite diversity in the standard of education, -ranging from the illiterate to the half-educated, and those who having, -perhaps, been taught, have forgotten what they once knew. Formerly, -education was given to each individual prisoner in cells; but now it is -given in class. The best plan would probably be to revert to cellular -teaching in the case of those who, from the absence of a common -standard of education, cannot usefully be taught in class. Here, again, -'individualization' is asked for. In the case of the younger prisoners, -now collected in depôts under the "Modified" Borstal System, we have -lately made arrangements with the local education Authority to lend us -a trained teacher, who comes in the evening after hours of labour, and -conducts what is of the nature of a "Continuation Class," the teaching -being adapted to the requirements of each. This plan has worked very -successfully and might, with advantage, be extended. The whole question -is now under consideration.</p> - -<p>But elementary teaching in prisons forms only a small part of the -moral influences which we seek to bring to bear in Prisons. The Prison -Libraries are stocked with suitable books both of technical instruction -and of general literature, and prisoners are encouraged to make full -use of them under the guidance of Chaplains and Schoolmasters. Note -books and pencils are provided for<span class="pagenum"><a name="Page_128" id="Page_128">[Pg 128]</a></span> those who wish either to make a -special study of some particular subject, or to maintain knowledge -which they previously possessed; and if the necessary books are not -in the library, permission can be obtained for them to be supplied -by the prisoner or his friends. The privilege of selecting books -from the library is associated with the Progressive Stage System, -<i>i.e.</i>, depends on industry and conduct, but, generally-speaking, -a well behaved prisoner would be allowed two books a week, in -addition to those which form a permanent part of his cell equipment, -<i>viz</i>:—devotional and school books, and books of moral and secular -instruction. Under this latter head, a Chaplain is given a wide -discretion to allow practically all kinds of books, except works -of fiction, <i>i.e.</i>, histories, biography, and science, political, -social, and physical. Generally speaking, fiction would be reserved -as a privilege to be earned by good behaviour. Lectures calculated to -elevate and instruct prisoners are given from time to time either by -some member of the prison staff or by lecturers from outside. Such -lectures are given weekly during the winter months to those under -Borstal treatment and are frequently illustrated by lantern slides. -The subjects cover a wide range. Sometimes there is a description of -life in foreign or uncivilised countries, or an account of travel and -adventures by land, sea, or air, by men who are speaking of their own -personal experience; or a talk about the wonders of science. At other -times, they are of a more practical character and deal with various -trade processes, or domestic work, housekeeping, cooking, hygiene, and -so on. There is seldom any great difficulty in finding persons who are -experts in these and other subjects and who are very willing to place -their services at the disposal of the Chaplains.</p> - -<p>As a step beyond this, the experiment has been successful in large -prisons of allowing men to meet together under the presidency of the -Chaplain, or other official, for the purpose of a debate or discussion -on a subject chosen by themselves. The proceedings are conducted on -the lines of similar meetings in free life, and as long as due order -is maintained, there is no objection to the expression of natural -feelings. The object of these<span class="pagenum"><a name="Page_129" id="Page_129">[Pg 129]</a></span> efforts is not merely educational. -Experience has shown that they have a psychological effect, which is -even of greater importance and value. They provide healthy food for -thought during many solitary hours, and so tend to prevent morbid -introspection, brooding over wrongs or worrying about family affairs; -they break the unavoidable monotony of institution life, and provide -a mental stimulus which is of the utmost value. But more than this, -the mere fact that a prisoner is trusted, if only for a short time, -to control himself without the restraint of authority, is of immense -value in building up that self-respect, without which restoration is -impossible.</p> - -<p>In addition to these lectures and classes which usually take place -in the evenings after working hours, selected prisoners may be -withdrawn from labour twice a week to attend Bible or other classes of -instruction conducted by the Chaplain.</p> - -<p>Recognising that the sanctions of religion are the true basis of all -reformatory work, every effort is made to render the daily Services -in Chapel as bright and instructive as possible. For this purpose, -frequent advantage is taken of the help of outside preachers, not -necessarily clergy, in the delivery of religious and moral addresses; -also choirs, singers and instrumentalists are invited to take part in -the Services. The Church Army is specially helpful in this way, and -also in sending their trained Evangelists at the invitation of the -Chaplains to conduct special Missions to prisoners.</p> - -<p>Every week a short resumé of the week's news is given by the Governor -or Chaplain, and this practice has been found to react favourably on -the temper and attitude of prisoners towards authority, as showing that -it is not desired to exclude them, though prisoners, from news of the -outside world.</p> - -<p>The annual reports of our Chaplains in nearly every prison, furnish -accounts of strenuous efforts, apart from their usual ministrations, -for the moral uplifting of their charges. The following is a summary -of such efforts recorded during twelve months at a large Metropolitan -Prison for males—an eight-day mission: 15 selected preachers occupied -the chapel pulpit: 7 attendances by<span class="pagenum"><a name="Page_130" id="Page_130">[Pg 130]</a></span> Choral Societies, bands, &c.: 28 -special lecturers attended to give secular addresses to lads: a weekly -Bible Class or moral lecture to lads by the Chaplain: the organization -of a weekly debate among selected prisoners: the floral decoration of -the Chapel, &c. Besides all this, there is the personal interest in -the prisoner after his release, and many Chaplains and others speak of -a correspondence maintained which furnishes abundant testimony that -the labour of love during a prisoner's stay in prison has not been in -vain. Year by year this great volume of work goes on in our Prisons: -it is quietly and unostentatiously performed, and is probably little -known and insufficiently appreciated by the general public; and for -this reason a somewhat detailed account may not be out of place in an -Account of the Prison System of this country.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_131" id="Page_131">[Pg 131]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_XII" id="CHAPTER_XII">CHAPTER XII.</a></p> - -<p class="center">LABOUR IN ENGLISH PRISONS.</p> - - -<p>A great change has taken place in the system of labour both in Convict -and Local Prisons during the last twenty-five years. In Convict Prisons -this change is due, not, as in Local Prisons, to a different policy or -to changes in the law, but to the fact that not only has there been a -great reduction in the number of persons sentenced to Penal Servitude, -but the opportunity for employment on what was known generally as -"Public Works," <i>e.g.</i>, the excavations at Chatham, the breakwater at -Portland, the Dockyard extension at Portsmouth, the Forts at Borstal, -has largely disappeared. Such Works in the early days of the English -Convict system greatly facilitated the purpose of the Administration -by affording means for carrying into effect the object of a sentence -of Penal Servitude, which was to create a deterrent effect on the -prisoner himself by the execution of a hard day's work, to develop his -intelligence by his employment on interesting and productive labour -and to give facilities for acquiring a knowledge of all those trades -which the construction of such Works involved. Moreover, having regard -to the valuable character of the Works referred to, it was possible in -those days largely to recoup the cost of maintaining the Prisons. Thus -the value of the labour of convicts at Portland, Portsmouth, Chatham -and Borstal during the year 1880-1 amounted to £124,000, exclusive -of the value of what is known as the domestic service of Prisons, -such as baking, cooking, washing, &c., while the cost of maintaining -those Prisons in the same year was £147,000. It has never at any time -been regarded as an axiom in this country, however, that all prison -labour should be remunerative or that the primary object of a Prison -was to make it self-supporting, and for this reason, in those Prisons -controlled by the Government, (that is<span class="pagenum"><a name="Page_132" id="Page_132">[Pg 132]</a></span> Convict Prisons only prior to -the Prison Act of 1877), the principle of competition with free labour -was not admitted on such a scale that reasonable ground of complaint -could arise as to undue interference with the outside market. The -"Contract" system by which goods are manufactured for outside firms -with the use of machinery, or under the supervision of the agents -of those firms, is unknown in English State Prisons; and from early -days to the present time, there has been no change of policy in this -respect. The largest prison in the country, Wormwood Scrubs, was built -entirely by convict labour, between 1874 and 1890. It has cellular -accommodation for 1418 prisoners. Most of the bricks were made by -prison labour on an adjacent site leased for the purpose. The massive -blocks of stone used for the chapel, gate, and other buildings were -quarried by convicts at Portland and Dartmoor: iron castings were -prepared at Chatham and Portland. The average cost per cell was £70. 7. -0, as compared with a mean rate of £164 per cell paid to contractors -elsewhere. Although no Public Works of importance have been undertaken -for many years, the constant reconstruction of, and other works in -connection with, the Convict Prisons of Aylesbury, Portland, Dartmoor, -and Parkhurst have continued to engage a large percentage of the labour -at the disposal of the Authorities. Thus of the value of the labour -performed in Convict Prisons during 1912-13—a total of £63,000—more -than half was in connection with building and quarrying work, the rest -being divided between manufactures, farm and domestic service in the -proportion of £16,000, £5,000, and £9,000 respectively. Apart from the -fall in the numbers of the convict population, which now represents -not more than a daily average of 1,500 persons, (whereas in the period -of Public Works, strictly so called, to which I have referred, it was -about 10,000) there has been a remarkable change in the physique and -personnel of persons sentenced to penal servitude. From a medical -census of the inmates of Convict Prisons taken in 1881, no less than -three-fourths of the convicts were fit for hard labour of any kind, -while only about one-thirtieth, or rather more than three per cent., -were deemed<span class="pagenum"><a name="Page_133" id="Page_133">[Pg 133]</a></span> unfit for any labour. An intermediate group of about -twenty-one per cent. were returned as fit for the lighter forms of -labour. A medical census of Convict Prisons taken in 1898 shows that -only fifty-six per cent. were fit for hard labour, while seven per -cent. were unfit for any labour and thirty-seven per cent. fit only for -light labour. The days are, therefore, past when Public Works can be -undertaken by large bodies of convicts either at the place of detention -itself or by transfer to other localities for this special purpose. -The last Public Work of this nature contemplated by the Government -was the building of the new harbour at Dover; but though the plan -advanced so far that a special prison was actually built at Dover for -the location of the necessary number of convicts, the idea was not -proceeded with chiefly on account of the great delay and slowness of -building operations which is inseparable from the employment of convict -labour. The result is that with the exception of quarrying stone, -which is still a distinctive feature of the convict labour at Portland -and Dartmoor, and reclaiming land for farming purposes (Dartmoor and -Parkhurst), the character of the labour in Convict Prisons is more -and more approximating to that in Local Prisons. Thus, if we compare -the work carried on at the Local Prison of Wormwood Scrubs and at -Parkhurst at the present time, we should find that much of the work was -practically the same for those undergoing the longer sentences, <i>e.g.</i>, -a considerable number at each Prison would be employed as tailors, -smiths and fitters, shoemakers, bricklayers, labourers and carpenters. -In Convict Prisons, however, there was till recently no cellular -labour, and the hours of labour and the whole system of Administration -were adapted to the principle of outdoor associated labour. Now that -the quarries employ a continuously diminishing number, the system -of labour in both Convict and Local Prisons will be more and more -assimilated.</p> - -<p>Labour in Local Prisons has quite a different history. These Prisons -did not come under Government control till 1878. The want of uniformity -in their management, leading to an inequality of punishment in -different parts of the country, was one of the principal arguments<span class="pagenum"><a name="Page_134" id="Page_134">[Pg 134]</a></span> -used for the centralization of all Prisons in the hands of the State; -and it was specially marked in the matter of Prison labour. The -Parliamentary inquiry of 1863, which led to the passing of the Prison -Act 1865, while Local Prisons were still under the control of the -Local Authorities, laid great stress on this point. In some Prisons, -there was complete idleness: in some, unregulated association: in some -an active industry conducted with a view to commercial profit: and, -in some, a close and melancholy adherence to the rule of separate -confinement and its concomitant hard labour. Although, as before -stated, the phrase "hard labour" was adopted in Acts of Parliament -since the middle of the 18th century, its meaning has never been -accurately defined, and there was consequently a great variety in -its application. The Prison Act of 1865 attempted to define it, and -enacted that hard labour was to be of two classes. First Class,—mainly -treadmill, shot drill, crank, capstan, stonebreaking, to which every -male prisoner of the age of sixteen and upwards, sentenced to hard -labour, was required to be kept for at least three months and might be -kept for the whole of his sentence. Any other approved kind of labour -was called Second Class. This meant practically all forms of prison -employment exclusive of the special forms of penal labour prescribed -for the First Class. When the prisons were taken over by the Government -under the Act of 1877 it was found that at some Prisons, <i>e.g.</i> -Winchester, practically the whole of the population were employed in -pumping, grinding and oakum picking. At Oxford, the treadmill, shot -drill and capstan were the order of the day. At Devizes, sixty-two -out of seventy-eight prisoners were engaged on the treadmill or on -oakum picking. At other Prisons the question of providing remunerative -employment received the keenest attention. One Prison competed with -another in finding a market for its produce. Governors and Officers -were encouraged to take an active interest in trade by bonuses or -other payments and the amount of trade profit was taken largely into -account by the Magistrates in dealing with applications for increase of -pay. At Wakefield an extensive mat trade was carried on in which the -sale averaged<span class="pagenum"><a name="Page_135" id="Page_135">[Pg 135]</a></span> £40,000 a year. Steam-power was employed. A commercial -traveller was appointed to sell the goods, and the whole of the -industrial department of the prison was under the control of a trade -manager, who was provided with a staff of clerks and trade instructors. -The salaries of all those officers were paid out of the trade profits. -The trade manager had authority to award a gratuity not exceeding -half-a-crown to any prisoner on his discharge who had shown special -assiduity in the performance of his work, and the Governor could -supplement this to the extent of 17<i>s.</i> 6<i>d.</i>, making it one pound in -all. It was in the power of the trade manager also to recommend the -grant of additional bread as a reward for marked industry. Diligent -long-term prisoners on their discharge were frequently provided for -in the way of clothes, and had their railway fares paid to their -destination. Cases have even been known of mutton chops being allowed -at Christmas time to exceptionally industrious men. Preston Prison -was another busy prison. It carried on a large trade, employed a -commercial traveller, and the Governor was allowed a trade agent at a -salary of £60 per annum. A taskmaster and assistant taskmaster also -formed part of his staff. The regulations provided that "with a view to -encourage habits of industry as well as to reward the honest efforts of -prisoners, and to enable such as desired to reform to have the means -of living after discharge until they can procure employment," the -Governor should be empowered to grant a sum of two shillings to every -prisoner who had performed his fixed task diligently and well during -the whole period of his sentence (being not less than three months) and -a further sum not exceeding two pounds for all work done in addition -to such fixed task. The allowances were:—for an extra square yard of -matting, 1<i>d.</i>; for an extra ton of stone breaking, 2<i>d.</i>; for every -extra coat made, 2<i>s.</i>; for every extra pair of boots, 9<i>d.</i>; and -so on. The same system prevailed at Bodmin, Bedford, Chester, Mold, -Chelmsford, Maidstone, Coldbath Fields, Holloway, Lewes, and Warwick. -Manchester had an agent paid by commission for the purchase of stores, -and the sale of manufactured articles. The Governor of<span class="pagenum"><a name="Page_136" id="Page_136">[Pg 136]</a></span> Hereford -received ten per cent. on the net profits arising from the sale of the -manufactured goods, and the assistant turnkey had an extra allowance of -three shillings a week for acting as trade instructor. Then Kirkdale, -Strangeways, Leeds, Lewes, and many other prisons were furnished, in -addition to the ordinary disciplinary staff, with trade officers, whose -duty it was to instruct the prisoners in the various industries carried -on.</p> - -<p>All this was altered when the Government assumed the complete control -of all Local prisons in England and Wales on the 1st of April 1878.</p> - -<p>In connection with the strict and uniform system of discipline which -was introduced into every department of the Service, the granting -of allowances to officers and the payment of rewards to prisoners -were abolished, and in lieu of these rewards, the gratuity system, -which is explained in another chapter, was introduced. The actual -industries on which prisoners were employed remained much the same, -except that, later on, matmaking, which had been one of the principal -Prison industries, employing a daily average of nearly 3,000 workers, -had to be almost abandoned in consequence of an agitation which had -commenced in 1872 on the part of outside workmen, who complained that -the competition of Prison labour was seriously affecting their trade. -About this date, the oakum trade, on which the prisons throughout the -country had been able to rely for employment for many generations, -collapsed owing to the substitution of iron and steel for wood in the -building of ships. This industry employed between 3,000 and 4,000 -prisoners, mostly those under sentences then considered too short to -admit of the teaching of any trade. At the same time, the Act of 1877 -reduced the period of hard or penal labour to one month in the case -of those sentenced to hard labour. A larger body of prisoners thus -became eligible for the ordinary industrial employment of the Prison, -but these employments were still carried on in separation, and it was -not till twenty years later that the principle of associated labour -in local prisons was recognized and adopted. The public inquiry of -1894 into Prison Administration was a practical condemnation of the<span class="pagenum"><a name="Page_137" id="Page_137">[Pg 137]</a></span> -separate or cellular system except for short periods. It swept aside -the old-fashioned idea that separate confinement was desirable on the -ground that it enables the prisoner to meditate on his misdeeds. It -held that association for industrial labour under proper conditions -could be productive of no harm, and this view was supported by the -fact that association for work on a large scale had always been the -practice at the Convict Prisons without being productive of dangerous -outbreaks by prisoners who as a class were less easy to control -than those in Local Prisons. At the same time the vexed question of -competition with free labour was examined, and representatives of -trade unions who appeared before the Committee, while admitting that -industrial labour was morally and physically beneficial to prisoners, -only urged that direct competition with outside labour should not be -allowed at cutting prices. They only asked that goods should not be -sold below the market price for the district or the standard price -elsewhere, and that every consideration should be shown to the special -circumstances of particular industries outside so as to avoid all -undue interference with the wages and employment of free labour. The -inquiry of 1894 marks a new starting point in the history of Prison -labour in Local Prisons, and steps were at once taken to give effect -to the leading recommendations of the Committee, which were broadly in -favour of the abolition of all forms of unproductive labour, cranks, -treadmills &c., and of a system of associated, in lieu of cellular, -labour. The problems involved were costly and difficult and only slow -progress could be made. The provision of workshops alone in Prisons -built for the most part on the cellular plan and for strictly cellular -purposes was a considerable undertaking. The abolition of cranks, -treadmills, &c., involved the necessity of finding work which should -be of an onerous and disagreeable character for prisoners during the -first month. The collapse of the matmaking and oakum trades increased -this difficulty. The form in which the labour statistics had hitherto -been rendered was thoroughly revised and the out-of-date labour price -list, which had previously been in use as the basis of valuation<span class="pagenum"><a name="Page_138" id="Page_138">[Pg 138]</a></span> in -Convict Prisons, was abolished and a new list brought into operation -on the 1st April, 1897, applicable to both Convict and Local Prisons. -The old-fashioned "per diem" rates which had previously obtained in -Local Prisons and which often had no relation whatever to the amount -of work done, giving rise to fallacious valuations, were replaced -with what are called "per article" rates, the actual quantity of work -performed being now the basis of valuation. The institution of the -new rates in connection with the new scale of the tasks required of -prisoners now enables accurate calculation to be made as to the exact -degree of industrial output and efficiency at each Prison. At the same -time, a scheme was introduced for the payment of special allowances -to officers engaged in instructing prisoners. The effect of these -changes became at once apparent, and by the year 1900, there was an -increase of no less than thirty per cent. in the average earnings per -prisoner, as compared with what was earned four years previously when -the revision of manufacturing methods was first taken in hand, and in -that year the entire value of the labour in all branches, manufactures, -farms, building and domestic service showed an increase of nearly -£10,000. It was at this time that the demolition of treadmills had -begun to place at our disposal for workshop purposes the buildings in -which the treadmill had hitherto been worked, and steps were taken -for the development of work of a higher grade such as bookbinding, -printing, carpentry, tinsmithing, shoemaking, and tailoring, which -it was thought it would be possible to obtain by the friendly -co-operation of the Government Departments requiring such articles. -Hitherto the Government work undertaken had been more or less of a -simple and non-technical character and this must, of course, in the -main be looked to for the employment of the local prison population, -consisting largely of prisoners with short sentences, many being sent -to Prison for periods of a month or under. Only two or three per cent. -are for periods of more than six months. In spite of these drawbacks, -the progress resulting from the new organization has been remarkable. -There is a great improvement in the value of the manufacturing output<span class="pagenum"><a name="Page_139" id="Page_139">[Pg 139]</a></span> -which in 1913-14, exceeded that of 1897 by no less than 88 per cent., -and this has been achieved without entering into undue competition -with private traders. The payment of trade allowances to carefully -selected officers, though small in amount, has had a far reaching and -stimulating effect. Not only do the officers take the keenest interest -in their work, but the prisoners, now that they receive instruction in -interesting trades, are year by year increasing their average earnings. -It was estimated that the average earnings of a local prisoner in -1878, when the local prisons were taken over by the Government, was -£5. 18. 0. In the year 1904, the average earnings per prisoner per -annum reached £9. 18. 9. At this time the employment of local prisoners -in associated labour was further extended: where shops were not -available, they worked in the corridors, on the landings or at their -cell doors for several hours daily: the numbers so employed, starting -from comparatively low numbers in 1898, numbered more than 9,000 in -1911. The average number of prisoners for whom productive work is found -represented in 1913-14 about eighty-six per cent. of the population, -distributed as follows:—manufacturing department, 10,500: building, -1,700: prison service, 3,000: farm, 400.</p> - -<p>By 1908, the average annual earnings per prisoner had increased to £13. -2. 0., and a gradual reduction had been made in the number engaged upon -what are generally known as low-grade industries. A certain amount of -unskilled and less remunerative labour is inevitable, owing to the -short sentences of so many prisoners, and the physical inability of -others. The work thus described consists of pea-sorting, bean-sorting, -coir-balling, coir-picking, cotton-sorting, oakum-picking, -rope-teasing, and wool-sorting. In 1908 about twenty-eight per cent. -of the total number of prisoners under the Manufacturing Department -were employed in this way. There was also a permanent non-effective -strength, amounting to about sixteen per cent. This number represents -prisoners under remand or awaiting trial, patients in prison hospitals, -ill-conducted prisoners under punishment, and prisoners not told off -for work pending medical examination,<span class="pagenum"><a name="Page_140" id="Page_140">[Pg 140]</a></span> registration, &c.</p> - -<p>The strong efforts made to increase the productivity of prison labour -during the period which had elapsed since the daily round of crank and -treadwheel was superseded by a rational system of tasked industrial -labour obtained a marked success in 1911, in which year there was a -record output of labour valued at over a quarter of a million pounds. -In this year, the average annual earnings per prisoner rose to £14. 9. -4. This average has since increased to £15. 1. 0. in the year 1919-20. -At the same time, there has been a decrease both of non-effective -strength, which has fallen to 15 per cent. of prison population, and of -the number employed on low-grade industries, which decreased to four -per cent. last year. In 1910, satisfactory results became manifest from -the development of female labour, the reorganization of which had been -proceeding steadily throughout the country. By permitting women to -proceed to associated labour at the commencement of their sentences, it -was found possible to do much of the domestic service by prisoners with -comparatively short sentences, thus freeing those undergoing longer -periods for skilled labour, <i>e.g.</i>, dress-making, needle-work, or -other suitable occupation. Owing to the difficulty experienced during -1912-1913 in connection with the supply of materials for manufacturing -purposes, consequent upon serious labour disputes throughout the -world, there was a fall in that year in the aggregate earnings of -prisoners, which still, however, continued high, thanks to the orders -for skilled and unskilled work which are now placed at the disposal of -the Authorities by the various Government Departments—the General Post -Office, Admiralty, War Office, Office of Works, Stationery Office, &c. -The sympathetic help of these Departments, on which we are now able to -rely, furnishes a promising prospect for the present, and also for the -development of other industries in the future.</p> - -<p>On the outbreak of war, drastic steps were taken to secure a maximum -output of war manufactures, <i>e.g.</i>, the association of male prisoners -during the first month of sentence; extended hours of labour; and -optional employment on Sundays. The appeal which was made to the<span class="pagenum"><a name="Page_141" id="Page_141">[Pg 141]</a></span> -patriotism of the prisoners met with a splendid response, and, in spite -of the large withdrawal of able-bodied men and women for national -services, the average value of prison labour was nearly £9 per head -greater than for the five years before the War. During the period of -the War, over 20 million articles were supplied to various Government -Departments.</p> - -<p>The Great War has sadly impeded the development of the plan of -industrial training in Borstal Institutions which was originally -intended. Up-to-date modern workshops, plant and machinery have not yet -been fully installed, owing both to lack of the necessary material, -and to the shortage of labour caused by the enlistment of inmates -after a comparatively short period of detention. Rapid steps are now -being taken to make up for lost time: advantage has been taken of -the opportunity offered by the sale of materials of all sorts by the -Government Surplus Property Disposal Board to accumulate plant and -machinery, and it is hoped that before long the opportunity will be -given to intelligent lads to acquire a good elementary instruction -in various technical trades, which will facilitate their disposal -on discharge, and also instil, not only the habit, but the love of -work—the absence of which is in most cases the beginning of the -criminal career, born of idleness, and the example of bad early -associations. In the meantime, good work of an instructional character -has been forthcoming by the employment of lads in the various building -operations, often necessary at Borstal and Feltham, and the trades of -carpentry and smithing incidental thereto. There is also a considerable -area for farming operations at both places, with the advantage of -healthy outdoor life and hard manual labour. There is also a regular -system of instruction in market-gardening; and the various forms of -domestic service, cooking, baking, laundry, &c., and in the case of -those more fitted for sedentary occupation, tailoring, bootmaking, &c.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_142" id="Page_142">[Pg 142]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_XIII" id="CHAPTER_XIII">CHAPTER XIII.</a></p> - -<p class="center">(1) VAGRANCY: (2) INEBRIETY</p> - - -<p><span class="u">(1) Vagrancy:—</span></p> - -<p>Out of a curious medley of Tudor legislation has grown up the English -idea of Vagrancy. It is a survival of a long series of penal enactments -dating from the 14th century, which were directed against the desertion -of labourers from their respective districts when serfdom was breaking -down. Parliament interposed to prevent the rise of wages, resulting in -the free exchange of labour, and, at the same time, to check the acts -of disorder which followed in the train of Vagrancy and Mendicancy. -Further penalties against Vagrancy followed from the Elizabethan law -of Settlement. The wandering or vagrant man became, from the operation -of these causes, a suspected or criminal person, and, in the course of -time, vagrancy and crime became almost synonymous terms. It was not -till the beginning of the last century that steps were taken to repeal -and consolidate the numerous enactments—some fifty in number—relating -to the law of Vagrancy, which four centuries had accumulated. The -present law dates back as far as 1824, and bears the impress of the -old Tudor legislation. It is repressive in character, and its object -is to punish the offences such as wanderers are likely to commit. The -offences dealt with by the Act are numerous, and can be divided roughly -into three classes:—</p> - -<blockquote> - -<p>(1) offences committed by persons of a disreputable mode of life, such -as begging, trading as a pedlar without a licence, telling fortunes, -or sleeping in outhouses, unoccupied buildings, &c., without visible -means of subsistence:</p> - -<p><span class="pagenum"><a name="Page_143" id="Page_143">[Pg 143]</a></span></p> - -<p>(2) offences against the Poor Law, such as leaving a wife and family -chargeable to the poor rate, returning to and becoming chargeable to -a parish after being removed therefrom by an order of the justices, -refusing or neglecting to perform the task of work in a workhouse, or -damaging clothes or other property belonging to the guardians; and</p> - -<p>(3) offences committed by professional criminals, such as being found -in possession of housebreaking implements or a gun or other offensive -weapon with a felonious intent, or being found on any enclosed -premises for an unlawful purpose, or frequenting public places for the -purpose of felony.</p></blockquote> - -<p>The offences specially characteristic of the vagrant class are -"begging" and "sleeping-out," and it is with vagrancy used in this -sense that the Prison Authorities are chiefly concerned. Under the Act -any person begging in any public place is an idle and disorderly person -liable to imprisonment on conviction under the common law for one month -or a fine not exceeding £5: a person wandering abroad without visible -means of subsistence, or not giving a good account of himself is styled -a "rogue and vagabond" and may be punished with imprisonment up to -three months, or a fine not exceeding £25. There is a third category of -Vagrant, known as the Incorrigible Rogue, <i>i.e.</i>, a person who has been -more than once convicted of any offence under the Act. Such a person -is convicted at a Court of Petty Sessions and committed till the next -Court of Quarter Sessions to receive sentence, which may be to a year's -further imprisonment or to corporal punishment.</p> - -<p>There is another class known as Vagrant, which does not come within -the jurisdiction of the Prison Authority, and who is known as the -destitute wayfarer or casual pauper. This class presents a curious -history of quasi-penal legislation. No special provision was made for -his case when the whole question of the Poor Law was comprehensively -dealt with by the celebrated Act of 1834. During the years following -that Act, there was an alarming increase of non-criminal vagrancy, and -the principle of relieving the casually destitute in "special"<span class="pagenum"><a name="Page_144" id="Page_144">[Pg 144]</a></span> wards -of the Workhouse was established, and, with it, the principle of a -prescribed task of labour in return for food and lodging. There was, -however, no power to detain for more than four hours after breakfast -on the morning after admission. It was not till 1871 that the period -of detention was prolonged to the third day after admission, on proof -that there had been more than two admissions during the month; it -then became necessary to frame regulations for the detention of the -casual vagrant on lines analogous to those under which the prisoner -is detained:—labour, dietary, task, &c., and the casual ward became -in many respects a sort of miniature Prison for very short sentences. -These provisions, however, of which the purpose was to render detention -in Casual Wards unattractive, especially to the habitual Vagrant, -did not succeed in diminishing the number of the class of destitute -wayfarer, who have for so long been a puzzle and a problem to the Poor -Law reformer. The average numbers received into Casual Wards on a given -day, for the five years ended 1876, had risen from 2,945 to 8,012 for a -similar period ended 1913.</p> - -<p>The Casual Wards, moreover, furnish a considerable contingent each -year to the Prison population in the shape of persons who misbehave -as paupers, <i>i.e.</i>, refuse to perform the allotted task, or destroy -workhouse clothes. There was at the beginning of the century a -remarkable increase in the number of persons committed for offences -against Workhouse regulations. For twenty years previously the numbers -had oscillated between two thousand and four thousand: in 1901 they -increased to over five thousand. The cry that the pauper prefers Prison -to Workhouse was again raised with the object of showing that the -conditions of Prison life were unduly attractive.</p> - -<p>This agitation, combined with the fact that the number of persons -convicted of "Begging" and "Sleeping-Out" had risen, in the four years -from 1900 to 1903, from 12,631 to 20,729 led to some uneasiness in the -public mind, and a special Inquiry was ordered by the President of -the Local Government Board as to the law applicable to persons of the -Vagrant class, and as to the administration of that law. Previously -to this, the Prison Commissioners had reported<span class="pagenum"><a name="Page_145" id="Page_145">[Pg 145]</a></span> to the Secretary of -State—"that they are not prepared to admit that the increase of the -vagrant class sent to prison is due to the fact that the conditions -of prison life are unduly attractive. Casual paupers as soon as they -become prisoners are subject to ordinary prison rules, not specially -devised for dealing with this class, but to meet the <i>average human -needs of thousands of prisoners of different classes, characters, -professions, and physique</i>; and being, as a rule, under very short -sentences, they receive the dietary and employment which practice -and experience has designed as being, on the whole, the best and the -most salutary for the early stages of a sentence of imprisonment. -This dietary is not, like that of a casual ward, for one night or two -nights, but part of a systematically graduated dietary table, intended -to embrace both short and long sentences. The dietary and task are -uniform throughout the country, varying only on medical certificate, -all prisoners on reception being subject to a careful medical -examination, and if they deviate from the normal standard of health -and fitness, a full task of labour is not imposed; and the medical -officer also has power to make additions to the dietary. In workhouses, -however, our inquiries show that there is no uniform scale of diet -or of task, and, so far as we are aware, these are not regulated by -medical certificate as is done in prison. Hence, two results follow: -Firstly, vagrants to whom the prison dietary and task and medical -practice are well known, from a probable acquaintance with many -prisons, openly profess a preference for the prison in those localities -where the workhouse conditions are more severe; and, secondly, it may -happen that on reception in prison the medical officer will not certify -the prisoner as fit for the labour, the refusal to perform which, at a -workhouse, has resulted in imprisonment."</p> - -<p>"Again, the prison dietary is based on the opinion of experts, is -framed on scientific principles, so as to represent a sufficiency, -and not more than a sufficiency, of food for an average man doing an -average day's work. The scale of tasks is based on the experience -extending over many years of what can reasonably be expected from a -man working his hardest during a given number<span class="pagenum"><a name="Page_146" id="Page_146">[Pg 146]</a></span> of hours per diem. -They believe that both the dietary and the tasks strike a fair -average, so as not to err on the side of severity or leniency. As -before stated, they can be varied on medical advice. The large and -almost preponderating rôle played by medical officers of prisons is -a factor that should be taken into account by anyone who attempts to -compare prison with workhouse life. Public opinion properly exacts -the most scrupulous care in all matters affecting the treatment of -prisoners, and medical officers are always liable to criticism from -outside persons for having failed to diagnose this or that malady, -to have ordered this or that dietary, or to have prescribed this or -that task. They dwell on this matter at some length, because they feel -it necessary to guard against the impression which might be formed -from the fact that a small section of the criminal community openly -prefer prison to the workhouse, that therefore prison life is unduly -attractive, that its conditions are not sufficiently rigorous, and that -the whole edifice should be reconstructed to meet the special case of -a few ne'er-do-wells who have lost all sense of self-respect, and to -whom it is a matter of indifference whether they spend a few nights in -a workhouse, a prison, or a barn. The diminution of this class is not, -in our opinion, likely to follow from any alteration of prison régime; -it might be modified if, as we venture to suggest, a more uniform -system were established in workhouses, and a greater discrimination -shown in the treatment of each case; it can only be effected gradually -by a general improvement of social conditions, pending which the -prison can only play a very insignificant part as a remedy for this -evil; for no one can seriously contend that vagrancy is going to be -cured by a succession of short sentences in the various local prisons -of the country. So generally is this felt to be the case that strong -expressions of opinion from responsible persons have been expressed -in favour of some specific remedies being provided by the State for -dealing with the admitted evil of professional vagrancy. It has been -suggested that labour colonies should be established on the Belgian -model, where the professional vagrant who now tramps from prison to<span class="pagenum"><a name="Page_147" id="Page_147">[Pg 147]</a></span> -prison could be detained for a long period of time. This system it -is believed has worked well in some foreign countries. A necessary -condition of its application would be some system of identification, -so that a vagrant, after undergoing a sentence in one locality, should -not, as now, be able with impunity to commit another offence in another -locality, again become subject to a light penalty, and so on <i>ad -infinitum</i>. If such vagrants could be identified by finger prints or -otherwise, and systematically dealt with on indictment and sentenced to -a long term, something at least more effective than the present system -might result. We do not see how any system can be effective without an -elaborate method of identification."</p> - -<p>The Report of the Committee of 1906 is an instructive and valuable -document. The Casual Ward system was condemned both on the grounds of -efficiency and of economy, and it was boldly proposed to substitute -the Police for Poor Law Authorities as the body responsible for local -relief and management of Casual Wards. The want of uniformity in the -administration of over 600 independent authorities had impressed the -Committee as the principal cause in the failure of the system, and it -was believed that by giving control of the Wards to the Police, and by -that way only, uniformity of treatment would be secured.</p> - -<p>With regard to the punishment of Vagrancy also, the evidence showed -that there was no uniformity whatever in the sentences given for -Vagrancy offences. It was found that sentences given by stipendiary -magistrates appeared to be as little governed by any fixed principles -as those inflicted by unpaid justices. The great majority of the -sentences are for fourteen days or under. The evidence showed -conclusively that as a protection against vagrancy, short sentences -were indefensible. They quoted the opinion of the Prison Commissioners -that the "elaborate and expensive machinery of a prison, whose object -is to punish, and at the same time to improve, by a continuous -discipline and applied labour, cannot fulfil its object in the case of -this hopeless body of men who are here to-day and gone to-morrow, and -who, from long habit and custom, are hardened against such<span class="pagenum"><a name="Page_148" id="Page_148">[Pg 148]</a></span> deterrent -influences as a short detention in prison may afford." They came -generally to the opinion that while it is evident that short periods of -imprisonment were useless, and long periods could not be given without -injustice, and having regard to the fact that prison conditions could -not be made deterrent to vagrant offenders, a complete change in the -treatment of Vagrancy was called for. Their principal proposal was -that the class of habitual Vagrants should be defined by Statute to -include any person who had been convicted three or more times within -a period of twelve months of certain offences, such as "Begging," -"Sleeping-Out," or refusing task in Casual Wards, and that such a -person should be treated, as far as possible, not as a criminal, but as -a person requiring detention on account of his mode of life.</p> - -<p>The Report on the Belgian Colony at Merxplas, which was issued by a -Committee appointed by the Lindsey (Lincs.) Quarter Sessions in 1903, -had strengthened the growing conviction in this Country that new -methods were necessary for dealing with habitual Vagrants, and a large -number of local authorities and Courts of Quarter Sessions addressed -memorials to the Secretary of State and the Local Government Board -in favour of the establishment of Labour Colonies for Vagrancy. The -members of the Committee visited such Colonies in Holland, Belgium, and -Switzerland, and though they came to the opinion that these Colonies, -whether voluntary or compulsory, exercised but little reformatory -influence, in spite of this, however, there was such a consensus of -opinion as to the evil resulting from unrestrained habitual Vagrancy -that the establishment of compulsory Labour Colonies in England and -Wales was recommended. They state in their report, "even if they are -not successful in achieving greater reformatory effects than the -existing labour colonies abroad, we think that at least they may clear -the streets of the habitual vagrant and loafer, may make him lead a -more useful life during his detention, and may offer a real deterrent -to those starting on a life of vagrancy." At the same time, they urged -the great importance of a system of identification,<span class="pagenum"><a name="Page_149" id="Page_149">[Pg 149]</a></span> by which the -habitual vagrant could be recognized and dealt with. The finger-print -system would furnish an easy method, and would only entail that any -person charged with a vagrancy offence should be remanded for a few -days to enable information as to previous convictions to be obtained. -Any inconvenience that might be caused in the first instance by the -remand of any person charged with a vagrancy offence would be fully -compensated for by the ultimate results. The fact that no action has -been taken upon the elaborate inquiry of 1906 goes to show that the -sequestration, under strict control, of the habitual vagrant is not -generally accepted as a solution of the evil, and it is a remarkable -thing that, while in most civilized countries the proper treatment -of Vagrancy has been the subject of so much thought and discussion, -as in Belgium and Switzerland and other countries, and of practical -expedients for the protection of the community from this <i>plaie -sociale</i>, yet in England, Vagrancy is still dealt with and punished -under the old law of 1824, a law which has little relation to the -facts, customs, and habits of the present day, which only requires that -where a vagrant shows by his actions that he is either a nuisance or -a danger, there shall be power at law to bring him before the Courts. -Although the magistrate may give him three days', or three months' -imprisonment, or Quarter Sessions order him to be flogged, it remains a -matter of indifference; and so long as public opinion is in this state -regarding the question, it is not likely that Parliament will intervene.</p> - -<p>Conditions prevailing during the War have caused a striking -illustration to be furnished showing how the general demand for labour -which prevailed has had the effect of practically clearing the prisons -of the Vagrant convicted of Begging and Sleeping-Out. The numbers -proceeded against for these offences had risen steadily for nearly -20 years until 1910, and for a number of years prior to the War had -averaged over 37,000 annually, furnishing in 1913 no less than 11 per -cent. of the total receptions into prison, though from some Counties -the percentage was much greater, <i>viz</i>:—from Lincoln, 66; Cornwall, -58; and from many others over 30. Since that<span class="pagenum"><a name="Page_150" id="Page_150">[Pg 150]</a></span> date, this large body -of Vagrants in prison has fallen by no less than 93 per cent., -<i>viz</i>:—from 15,000 in 1913-14 to 1,066 in 1918-19.</p> - -<p>For a few years before the War, however, a decrease had been noted. -By some it was attributed to the growing opinion among Magistrates -as to the futility of very short sentences: by others, to the fact -that recent alterations in the Prison régime had rendered a few days' -sojourn in Prison more irksome than formerly: others also considered -that the gradual adoption by various police authorities of the -Way-Ticket system, (the object of which is to enable the needy wayfarer -to move quickly through the county towards his destination and to -provide him on his route with lodging, supper and breakfast at the -casual ward, and with a mid-day meal, thus removing all necessity for -begging), was a cause of diminishing the offence of Begging in public -places. Others were of opinion also, that the Insurance Act, by which a -Magistrate has proof of whether a man is a bonâ fide worker or tramp, -has led to a greater individualization in the case of Vagrants brought -before the Courts, and correspondingly to the diminution in the number -committed to Prison. But an examination of statistics, spread over -a long period, shows that the rise or fall of Vagrancy offences and -other minor charges, is chiefly determined by the prevailing rate of -unemployment in the country. Thus, in the years of trade depression -which culminated in 1909, and which showed a very high percentage of -unemployment, the number proceeded against for Begging and Sleeping-Out -also reached the highest recorded total, <i>viz</i>:—45,408. Although -this number is very great, there was, in addition, an enormous total -of persons of vagrant habit, <i>i.e.</i>, with no settled place of abode, -appearing in criminal statistics at this time charged with offences -other than Begging and Sleeping-Out. An inquiry made about this time -showed that of the male Local Prison population <i>on a given day</i> -(14,632), no less than 4,411, or 30 per cent. (including 695 convicted -of Begging and Sleeping-Out) had no settled abode, of whom 82 per cent. -had been previously convicted, and 1,420, or 32 per cent., were classed -as <i>habitual</i> vagrants. It is not surprising to find, therefore, that, -with the rapid<span class="pagenum"><a name="Page_151" id="Page_151">[Pg 151]</a></span> fall in the percentage of unemployment, which set in -in 1910, and has continued since, until during the War, when, owing -to the abnormal conditions prevailing, there was abundant work for -all, the number of persons actually charged with Vagrancy (Begging and -Sleeping-Out) should have fallen in 1918 to only 2,651, and that, at -the same time, a great decrease in crime should be recorded also. (Vide -Chapter XVII).</p> - -<p>So far as non-criminal vagrancy is concerned, active steps have lately -been taken by the Local Government Board with a view of introducing -greater uniformity in the administration of the Casual Wards, at least -so far as the Metropolis is concerned. An order was issued in November -1911 vesting the control and management of the Casual Wards in the -Metropolitan Asylums Board. The Board appointed a special Committee to -give effect to the Order, and at once took steps to provide for the -uniformity of all the Casual Wards committed to their charge, which had -hitherto been administered by the separate local Boards of Guardians. -The results have been very remarkable. Of the twenty-eight casual wards -available on the 31st March, 1912, only six remained in use by the end -of 1919, the average number of inmates accommodated on a given day -at the end of the years named having fallen from 1,114 to 82 during -the period. The comparative accommodation available is shown in the -following table:—</p> - -<table summary="stats" width="60%"> -<tr><td></td><td align="right">31 Mar., 1912.</td> <td align="right">31 Dec., 1913.</td> <td align="right">1 Jan., 1917.</td></tr> -<tr><td>Men</td> <td align="right">1,136</td> <td align="right">627</td> <td align="right">286</td></tr> -<tr><td>Women</td> <td align="right">402</td> <td align="right">177</td> <td align="right">92</td></tr> -<tr><td>Double Beds</td> <td align="right">110</td> <td align="right">57</td> <td align="right">28</td></tr> -<tr><td>Total</td> <td align="right">1,648</td> <td align="right">861</td> <td align="right">406</td></tr> -</table> - -<p>The Metropolitan Asylums Board, in their report for 1912, had no -hesitation in expressing the view that the<span class="pagenum"><a name="Page_152" id="Page_152">[Pg 152]</a></span> decline of casual pauperism -in London is due to the unification of the Casual Ward Authorities in -the treatment of London as a homogeneous whole under an absolutely -centralized system. The Report confirms the conclusions arrived at by -the Committee of 1904 with regard to classification and treatment. They -report as follows:—"First there is the bonâ fide working man in search -of work, and we have no reason to doubt the estimates which placed the -proportion of this class at under 3 per cent. of the whole. Secondly, -come those who undertake casual labour for a short time, but will not -or cannot undertake continued work. This type soon degenerates into the -habitual vagrant unless deterred, as we hope under present conditions -he is being, from the continual frequenting of casual wards. The third -class is the 'work-shy' or habitual vagrant who professes to look for -work but has no desire to find it. Amongst this number are many who -although strong and able-bodied, deliberately embark upon a career of -idleness and of alternation between casual ward and prison at such an -early age as twenty years. They are often qualified and able to work -and have been assisted over and over again until they are given up -as hopeless and their papers marked 'prefers to walk the streets.' -Further reference is made to this class of habitual vagrants in the -section discussing the question of punishments, where it is pointed out -that neither casual ward nor prison exercises the slightest punitive -or deterrent effect. It is certain that the community need have no -compunction about applying to this class so-called severe measures of -compulsory detention and work for indefinite periods, and it must be -remembered that for vagrants, who will not have households of their -own, who have but one object in all their wicked and perverse lives—to -exist without work at the expense of their industrious neighbours—we -are taxed to provide board and lodging. Lastly, there is the class of -old and infirm persons who are unemployable, who cling to the little -liberty left to them by going from casual ward to casual ward in -preference to entering the workhouse infirmaries. Between the 1st May -and the 31st December, 1912, thirty-<span class="pagenum"><a name="Page_153" id="Page_153">[Pg 153]</a></span>three men over fifty, including -twelve over sixty, were admitted from forty to fifty-four times each in -the casual wards, and nine women aged from fifty to seventy years were -admitted over forty times each."</p> - -<p>It remains to be seen whether this endorsement of the findings of the -Committee by the Authorities of the Metropolitan Asylums Board, who -have given such close and practical attention to the subject, will -influence opinion toward the severe measures of compulsory detention -which are recommended. Prior to the War the number of persons sentenced -at Quarter Sessions as Incorrigible Rogues was increasing, the average -number for the five years ended 1913 having been 618, as compared with -398 for the preceding five years. This increase may indicate greater -attention on the part of the Courts towards repressing the evil. -Although there is no system of identification for the purpose of the -Vagrant Class at present in existence, there is evidence from a Prison -in the Midlands that, of 700 prisoners of the Vagrant Class received -during a period of 12 months some years ago, one-third had served from -two to seven imprisonments during the year. The total convictions -incurred by these 236 prisoners were as follows:—</p> - -<table summary="morebloodystats" width="70%"> -<tr><td>From</td> <td> 2 to 4</td> <td align="center">previous convictions had been incurred by</td> <td align="right">95</td></tr> -<tr><td> "</td> <td> 5 " 10</td><td align="center">" " " " "</td> <td align="right">66</td></tr> -<tr><td> "</td> <td>11 " 20</td><td align="center">" " " " "</td> <td align="right">58</td></tr> -<tr><td> "</td> <td>21 to 30</td><td align="center">" " " " "</td> <td align="right">6</td></tr> -<tr><td> "</td> <td>31 " 50</td><td align="center"> " " " " "</td> <td align="right">9</td></tr> -<tr><td> "</td> <td align="center">67</td><td align="center"> " " " " "</td> <td align="right">1</td></tr> -<tr><td> "</td> <td align="center">87</td><td align="center">" " " " "</td> <td align="right">1</td></tr> -</table> - -<p>It will be seen from the foregoing short account of the history of -Vagrancy that England has not yet adopted any special plan for dealing -with this problem on the lines with which we are familiar in other -Countries. It is possible that the growth of professional Vagrancy, -manifested in an increase of those offences which are now grouped -generically under the law of Vagrancy, may induce either the State -or the local Authority to protect itself against what is at once an -intolerable nuisance and a social danger, by the introduction of -a System which will allow of the sequestration, for indeterminate -periods,<span class="pagenum"><a name="Page_154" id="Page_154">[Pg 154]</a></span> and under an austere system of detention, of that category of -Vagrants, who, by a series of convictions for criminal acts, prove to -be a danger to society. At the present time, however, no action in this -direction is being contemplated by the Government, and the efficacy of -imprisonment for the punishment of such offences is still relied upon, -in spite of increasing evidence that short sentences are ineffectual as -a remedy. So far as the casual pauper is concerned, it is likely that -the recent action of the Local Government Board in the unification of -the Casual Ward System will be further extended in that direction where -the policy, carefully and energetically carried out by the Metropolitan -Asylums Board, has already been fruitful in such excellent results.</p> - - -<p><span class="u">(2) INEBRIETY:—</span></p> - -<p>It is just fifty years ago since the need for special legislation for -the proper control and treatment of inebriates, on the grounds that -such persons contributed to crime and lunacy, and caused nuisance, -scandal, and annoyance to the public, became apparent. At that time -there was no process whereby an inebriate who became a public offender -could be dealt with, except by short sentences of imprisonment; and -no means whatever by which a private inebriate could be dealt with, -however much he constituted himself a cause of nuisance or distress -to his family. The futility of short sentences of imprisonment for -the reform of the inebriate offender was fully recognised by prison -authorities; by those who took an active interest in prison reform; and -by magistrates, before whom the same drunkards repeatedly came, in no -way improved by the only method then applicable; and was accentuated -by certain notorious cases of persons who served, without improvement, -hundreds of short sentences.</p> - -<p>In 1872 a Select Committee of the House of Commons agreed that it had -been shown, by the evidence taken, that "drunkenness is the prolific -parent of crime, disease, and poverty" that "self-control is suspended -or annihilated, and moral obligations are disregarded; the decencies -of private and the duties of public life are alike set at<span class="pagenum"><a name="Page_155" id="Page_155">[Pg 155]</a></span> nought; and -individuals obey only an overwhelming craving for stimulant to which -everything is sacrificed." No action was taken on this Report until -1878, when a Bill was presented to Parliament for dealing with the -more easy and less costly part of the recommendations, <i>viz</i>:—those -which concerned inebriates admitted voluntarily. No attempt was made -to deal with the really important class, <i>i.e.</i>, persons convicted as -Habitual Drunkards. The Statute of 1879 did no more than permit the -establishment of Retreats, to which inebriates could be voluntarily -admitted. More than ten years later, in 1892, when the inadequate -protection afforded by the Law against the nuisance and the evil of -habitual inebriety led to a renewed agitation, especially against the -repeated infliction of short sentences for ordinary drunkenness, a Home -Office Committee of Inquiry, under the Presidency of an experienced -Chairman of Quarter Sessions, Mr. J.L. Wharton, M.P., was appointed. -This Committee aimed, as its composition shows, rather at an amendment -of the Criminal Law, and the abolition of recurring short sentences of -imprisonment, the futility of which had been fully demonstrated. At -this time there was less concern with regard to voluntary inebriates -who, on the application of relations or friends, might be compulsorily -committed to Retreats, than with the grave social evil which resulted -from the interminable commitment to prison of persons who by committing -offences against public order came within the action of the Criminal -Law, or who were proved guilty of ill-treatment and neglect of their -wives and families, and who failed to find the required sureties for -good behaviour.</p> - -<p>The principle of the Act of 1898, which resulted from the findings -of this Committee, was that the protection of the community, and the -opportunity of reform, would only be obtained by relatively prolonged -detention. The Act accordingly legalized detention for a term not -exceeding three years (<i>a</i>) of persons convicted on indictment, where -a Superior Court is satisfied that the offence was committed under -the influence of drink, or that drink was a contributing cause, and -where the offender admits that he is, or is found by a Jury to be, a<span class="pagenum"><a name="Page_156" id="Page_156">[Pg 156]</a></span> -Habitual Drunkard: (<i>b</i>) of persons convicted under various Statutes -enacting penalties for drunken conduct, who, within the preceding -twelve months, had been convicted summarily at least three times of -any such offence,—such persons to be confined either in a State -Reformatory or in a Reformatory established and maintained by local or -independent authority.</p> - -<p>Action was at once taken by Local Authorities throughout the country to -provide for the reception of cases committed from Courts situate within -their jurisdiction, but in the hope and belief that such accommodation -would prove sufficient, no action was taken by the State to provide a -State Institution until it became manifest that some special means must -be created for dealing with cases which proved violent and intractable, -and with which the local authorities were unable to cope; it being -admitted that in order that these Reformatories might exercise the -most beneficial effect, they must be conducted under conditions as -far removed as possible from Prison methods and restrictions. Unless -the State were in a position to undertake the charge of such cases, -the only alternative would have been to discharge them, and, in fact, -such discharges did take place, and it was made clearly evident that -the establishment of a State Institution was essential to the proper -working of the Act. It was accordingly decided, in 1900, to build a -State Reformatory for female Inebriates on a plot of land contiguous -to the Female Convict Prison at Aylesbury, and for male Inebriates it -was decided to adopt a disused part of Warwick Prison which could be -entirely severed from all connection with the penal quarters.</p> - -<p>It was decided to confine the use of the State Reformatories to the -reception and treatment of persons who had proved uncontrollable in the -Local Reformatories. They are conducted on prison lines only so far -as is necessary to ensure safe custody and control, and on strictly -asylum principles in all matters referring to the treatment of inmates. -The application of all restraint and punishment is controlled by the -medical aspect of the question. The majority of inmates are persons -who, through a long life of debauch, immorality, violence, and crime, -have given<span class="pagenum"><a name="Page_157" id="Page_157">[Pg 157]</a></span> constant trouble to the Police in the streets and to Prison -Authorities during innumerable penal sentences. They are either too -old, too confirmed in their habits, or too demented to afford ground -for any hope of reformation. The value of the State reformatory will -not consist in the production of actual results, but its existence will -permit of certified institutions carrying on a work of reformation -otherwise impossible. It will also ensure the retention to the end of -their sentence of persons who are dangerous at large, a disgrace to -the streets, and an important source of contamination to others. The -pity is that at the end of such sentence the law requires the absolute -discharge from custody of persons known to be so dangerous and so -deleterious to the peace, morality, and health of the community at -large.</p> - -<p>These State Institutions are under the control of the Prison -Commissioners, and form part of the Prison administration. They are -controlled by minute regulations, approved by Parliament, and their -function is to reconcile, as far as possible, a strict custody and -control with certain alleviating conditions and privileges for those -who deserve them. Their population is however, relatively small, the -average for the three years prior to the War not having exceeded -nineteen Males and fifty-seven Females. Since that date the numbers -gradually fell, and, at the present time, there are no inmates in -custody. The inmates of State Institutions practically represent -the persons of both classes who are of a character and temperament -incapable of control in local Institutions. As the number committed to -the local Institutions diminishes, there is, of course, a corresponding -reduction in the number coming under State control.</p> - -<p>Although both Sections 1 and 2 of the Act give effect to a most -important principle, <i>viz.</i>, the special treatment otherwise than by -imprisonment, of persons whose offence is due to morbid conditions, -affecting the power of self-control, and whom it is practically useless -to punish for the offence, while the predisposing condition is left -untouched, yet experience, so far, does not furnish evidence that the -power given to the Courts is either largely exercised or fruitful of -curative effect.</p> - -<p><span class="pagenum"><a name="Page_158" id="Page_158">[Pg 158]</a></span></p> - -<p>The great majority of cases dealt with under Section 1 of the Act are -for cruelty to children (459 out of 586 up to the end of 1913) and the -tendency of the day is more and more towards Summary procedure, owing -largely to the delay, and expense, and trouble involved by commitment -for trial under this Section to the Superior Courts.</p> - -<p>With regard to Section 2, which enables Summary Courts to send to -Inebriate Reformatories persons convicted of certain scheduled offences -of drunkenness, only about 4,300 have been dealt with since the Act -became law, although during that period more than 3,500,000 persons -have been convicted in Summary Courts of drunken behaviour.</p> - -<p>The reluctance of the Courts to pass long sentences of detention, -especially in the case of men, (more than 80 per cent. of the -commitments are women): the comparative ease and simplicity of -commitment to Prison: the delay and difficulty involved by a -comparatively cumbrous procedure; and an uncertainty as to the prospect -of recovery, as a result of special treatment—all these things operate -against any wide use of the law in Summary Courts, which is also -hindered by the absence of any definite instruction as to the share to -be borne by the State and the Local Authority, respectively, in the -maintenance of these Institutions.</p> - -<p>Opinion has, however, been by no means indifferent to the operation -of the Act, and is far from being satisfied at the present time -with the extent of its application. In 1908, the Secretary of State -appointed a strong Committee to inquire as to the operation of the -Law, and to report what amendments, either in law or administration, -were desirable; and their valuable recommendations will probably -receive the attention of Parliament in the near future. The principal -proposals are in the direction of increasing the power of the Summary -Courts, giving to Magistrates a discretionary power to send to -Reformatories, in addition to, or in substitution of, imprisonment, -all persons who are adjudged to be Inebriates and who commit offences -now dealt with summarily by committal to Prison. It is also<span class="pagenum"><a name="Page_159" id="Page_159">[Pg 159]</a></span> proposed -that the necessity for proving three previous convictions shall be -abolished, and that the State should, at its own cost, provide for -the accommodation and maintenance of all Inebriates committed by -Courts. With regard to penalty, the free use of the Probation Act was -recommended under special conditions suitable to the case. If, however, -Probation were not thought desirable, it was proposed that the first -sentence to a Reformatory should be for a period not exceeding six -months, to be followed by a period of Probation; but where an Inebriate -forfeits such Probation, on breach of its conditions, he shall be -liable to be committed to a Reformatory for a period not exceeding one -year, again, on release, to be subject to Probation; but if he again -forfeits such Probation, for two years, and, in the event of further -forfeiture, for three years.</p> - -<p>Should these recommendations be adopted by Parliament, it is possible -that greater results than at present might be achieved, and the -measure might find larger application. It is doubtful if the public -sentiment is keen to penalize inebriety, when it does not result in -serious harm to the community, by methods of long detention under -discipline and control. In so far as the proposals of the Committee -of 1908 modify these long periods by placing offenders on Probation, -there may be disposition on the part of the Courts to take this course, -except in cases where the overt criminal act resulting from inebriety -is grave and serious, and where punishment under ordinary penal law -is called for. There is, moreover, a feeling which operates against -harsh or drastic sentences in the case of inebriety, due to the -proved association between mental disorder and habitual drunkenness. -Experience of the operation of the Law of 1898 has confirmed this -belief. Of the more turbulent cases whom it has been necessary to -transfer to State Inebriate Reformatories for purposes of control, it -is found that a very large proportion are more or less defective in -mind. That such persons should be segregated from their fellows, and -from the opportunity of doing harm is, of course, a great gain; and, -of itself, would justify the cost of these Institutions, which is -considerable.<span class="pagenum"><a name="Page_160" id="Page_160">[Pg 160]</a></span> It must be frankly recognized that in these cases the -purpose of detention is for the public safety, and not with the hope of -reform. The law protects the community by compulsory segregation within -a limit of three years, although the criminal offence will probably -in most cases only warrant a short sentence of imprisonment. This is -something gained in the interests of order. It does not constitute -an encouragement to make further efforts for the cure of habitual -inebriety by means of costly Institutions, and for this reason, apart -from the inherent difficulties of the case, rapid progress in dealing -with this evil in this country can hardly be expected. The Prison -Authority is only concerned with this question of inebriety as a -factor of crime. By many writers, drink and crime are used almost as -synonymous terms, yet nothing is so difficult as to trace the extent -to which criminal statistics are influenced by drink. In 1913, the -actual convictions for drunkenness represented 32 per cent. of the -total convictions for all offences, but in addition to this, must be -reckoned the number of offences to which drunkenness was directly a -contributing cause. It is a reasonable inference that alcohol enters, -as a contributing factor, into about 50 per cent. of offences committed -in this country in any given year. To legislate against drink is -indirectly, therefore, to legislate against Crime. As shown in Chapter -XVII, a striking illustration has been afforded showing the great -decrease in crime generally which has taken place during the War, when -severe restrictions have been placed upon the sale of intoxicating -liquor. In previous years, in times of industrial prosperity and -plentiful wages, convictions for drunkenness have been enormous, and -have obscured the decrease which has taken place, as a result of -prosperity, in other offences, <i>e.g.</i>, Vagrancy, and petty larceny.</p> - -<p>In his Report for 1909, Dr. Branthwaite, the Inspector under the -Inebriates Acts, furnishes a most valuable and interesting analysis of -the life history and mental and physical conditions of 1,031 persons. -This investigation was conducted by himself personally, and throws a -flood of light on the nature of the problem to be dealt with. He states -that as a result of his inquiry, "three points<span class="pagenum"><a name="Page_161" id="Page_161">[Pg 161]</a></span> of vital importance -stand out clearly—(1) the close association between inebriety and -psycho-neurotic disturbance, (2) the physical unfitness resulting -from a life of uncontrolled inebriety, and (3) the necessity for the -organisation of more suitable methods for dealing with persons who -offend against law and order by reason of habitual drunkenness."</p> - -<p>"The presence of obvious mental defect in a large proportion of cases, -and (in cases not obviously defective) the criminal tendencies, the -proneness to immorality, the uneducability, the early age at which -disorderly habits commence, the ease with which all inmates become -excited by alcohol, and their unreasonable behaviour in a hundred -different ways, are conclusive evidences of the existence of a mental -state far removed from normal, in nearly all cases committed to -Reformatories. To attempt to attribute all such conditions to vicious -indulgence in alcohol is absurd; they existed in the large majority -of cases long before drunkenness appeared, or they developed <i>pari -passu</i> with the drunkenness from a common cause. When mental defect is -obvious, it will usually be found responsible for the drunkenness; when -not sufficiently definite to be recognised, a modified morbid strain, -a heredity of disorder, a psycho-neurotic fault, a constitutional -peculiarity, call it what we may, will generally be discovered as the -key to the position."</p> - -<p>His condemnation of short sentences in Prison as a cure for inebriety -in all its forms is expressed as follows:—</p> - -<p>"The arguments in favour of the substitution of something better than -the short sentence prison treatment of inebriates hold good, whether -the individual be reformable or not. The routine of a prison is no -more suited to the needs of the habitual drunkard than it is suited to -the treatment of any other form of mental unsoundness. The inebriate -requires careful medical attention, regular bathing, physical exercise -and drill, with a view to the recovery of physical, as a preliminary -to recovery of mental health. His condition demands harder, more -continuous and healthy work than is possible in the confines of a -cell, or even within the restricted area of prison walls. Either in -the form of education, work or play, he<span class="pagenum"><a name="Page_162" id="Page_162">[Pg 162]</a></span> wants occupation of some sort -throughout the day, in company with his fellows, under supervision -only just sufficiently strict to prevent its misuse. Discipline is -essential, but it should be the discipline of army barracks, or a ship; -not the necessarily hard routine of a prison. Punishment, as such, must -be kept in the background, and, so far as is possible, encouragement -for good conduct, and reward for good work, should replace the fear of -the results of bad conduct and idleness. But, above all, he requires -medical treatment for his disordered mental state applied as early as -possible after the condition is recognised. The nearer an Inebriate -Reformatory resembles a mental hospital in all its arrangements, the -better will be its suitability for the work it has to do, and the more -the mental aspect of inebriety is kept in the foreground, the more -satisfactory will be the results of treatment and control."</p> - -<p>It is true that the views expressed by Dr. Branthwaite seem to indicate -as a rule the dependence of habitual inebriety on pre-existent "mental -defect", and will not, as such, be accepted by general authority; and -it is well known that a strong tendency to drink to intoxication exists -in very many persons and families who show no other signs of deficient -intelligence or loss of self-control. But the experience of many other -observers who have dealt with inebriates committed by the courts to -reformatories under the Act undoubtedly corroborates Dr. Branthwaite's -opinion that notably large numbers of such inebriates have been -markedly defective in mind from even their earliest years.</p> - -<p>The question is well summed up in the general observations on the -nature of Inebriety in the Report of the Committee of 1908:—"Inebriety -is undoubtedly a constitutional peculiarity; and depends, in many -cases, upon qualities with which a person is born, in many is acquired -by vicious indulgence. Whether the possession of such a constitutional -peculiarity, when inborn, should or should not be considered, from -the scientific point of view, a disease, is perhaps, a question of -nomenclature. If such native constitutional peculiarities as the -possession of a sixth finger, and the absence of a taste for music,<span class="pagenum"><a name="Page_163" id="Page_163">[Pg 163]</a></span> -are rightly considered diseases, then the native constitutional -peculiarity which underlies many cases of inebriety may be so -considered. But there are cogent reasons why the term disease should -not be used to characterise the inebriate habit. By disease is -popularly understood a state of things for which the diseased person is -not responsible, which he cannot alter except by the use of remedies -from without, whose action is obscure, and cannot be influenced by -exertions of his own. But if, as is unquestionably true, inebriety can -be induced by cultivation; if the desire for drink can be increased -by indulgence, and self-control diminished by lack of exercise; it -is manifest that the reverse effects can be produced by voluntary -effort; and that desire for drink may be diminished by abstinence, -and self-control, like any other faculty, can be strengthened by -exercise. It is erroneous and disastrous to inculcate the doctrine -that inebriety, once established, is to be accepted with fatalistic -resignation, and that the inebriate is not to be encouraged to make -any effort to mend his ways. It is the more so since inebriety is -undoubtedly in many cases recovered from, in many diminished, and since -the cases which recover or amend are those in which the inebriate -himself desires and strives for recovery."</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_164" id="Page_164">[Pg 164]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_XIV" id="CHAPTER_XIV">CHAPTER XIV.</a></p> - -<p class="center">"PATRONAGE" OR AID TO DISCHARGED PRISONERS: ITS EFFECT ON RECIDIVISM.</p> - - -<p>As prisoners in this country are classified broadly into two categories -(1) those sentenced to penal servitude—"Convicts:" (2) those sentenced -to ordinary imprisonment—"Local," or short-sentenced prisoners,—so -has the system of aid-on-discharge varied according to the category to -which a prisoner belongs. For Convict Prisons there has been, until -lately, no system of aid-on-discharge strictly so-called. What is known -as the Gratuity system in Convict Prisons operated for many years as -the principal means for providing a convict on his discharge with -means of obtaining the necessities of life. There was no Discharged -Prisoners' Aid Society immediately connected with the establishment -from which the convict was discharged, as in the case of Local Prisons, -but certain Metropolitan Societies, notably the Royal Society for -the assistance of Discharged Prisoners, and later the St. Giles's -Christian Mission and the Church Army and Salvation Army, came to be -recognized as the agents for helping a convict on discharge. There -was no Government Grant. It was voluntary on the part of the convict -whether he should place himself in the hands of such a Society. If -he so desired, the Gratuity that he had earned would be paid to him -through the Police or otherwise at the place whither he went on -discharge. A Gratuity, as already described, was a sum of money which -could be earned under the Progressive Stage System for general industry -with good conduct: it had no relation to the value of work done, being -based simply on the degree of industry, and apportioned to what is -known as the Mark System <i>i.e.</i>, so many marks represent<span class="pagenum"><a name="Page_165" id="Page_165">[Pg 165]</a></span>ing so much -cash. The English Gratuity System was, therefore, quite different from -what is known on the Continent as the "<i>Cantine</i>" or "<i>Pécule</i>" System, -under which a prisoner receives a percentage of the actual profit of -his work, and which he is allowed to spend on diet or otherwise during -detention. An English convict (unless in the Long Sentence Division or -under Preventive Detention) was not allowed to spend any part of his -Gratuity while in Prison, but it was accumulated as a small cash fund -to provide against the day of discharge. £6 was the maximum that could -be earned, but the average amount earned would be considerably less -than this. In old days it was possible for convicts to earn large sums -of money, but the practice was condemned by a Royal Commission in the -middle of last century, and, since that date, the amount earnable has -been limited as stated.</p> - -<p>With regard to Local Prisons, from the earliest times it was not -uncommon for persons to leave bequests for the relief of prisoners -on discharge from Prison, some of these dating as far back as the -15th century. The first legal enactment took place in 1792, by which -Judges and Justices were authorized to order any prisoner on discharge -to be conveyed by pass to his own parish. About this time, Societies -began to be established for the relief of prisoners on discharge. -One of the earliest—the Sheriff's Fund Society (which exists at the -present time), was founded in 1807-8 for the relief of necessitous -prisoners discharged from Newgate Gaol. Another Institution, known as -the "Temporary Refuge for Distressed Criminals" discharged from the -London Gaols, owed its origin to the efforts of the Society for the -Improvement of Penal Discipline. It was commenced in 1818, but was soon -after closed for want of funds.</p> - -<p>In 1823 an Act of Parliament was passed giving power to Justices -to direct that such moderate sum should be given to any discharged -prisoner, not having the means of returning to his family, or resorting -to any place of employment, as in their judgment should be requisite, -such sums to be paid either out of benefactions or as Prison expenses.</p> - -<p><span class="pagenum"><a name="Page_166" id="Page_166">[Pg 166]</a></span></p> - -<p>Soon after this time, numerous Societies came into existence. One of -the most notable experiments of this kind was the Birmingham Discharged -Prisoners' Aid Society. A report issued at this time by the Chaplain -of the Prison, the Rev. J.T. Burt, stated that the Society took its -rise in the conviction of its founders that crime is to a considerable -extent the result of external circumstances. The Society employed an -agent to canvas employers for work, and found lodgings in the homes of -poor persons of respectable character for the discharged prisoner. In -special cases it gave guarantee to the employer against special loss in -the event of his sustaining injury through the person recommended to -him. The whole plan was reported to work successfully.</p> - -<p>A prisoners' relief Society was formed in connection with Worcester -Prison in 1840. Its rules provided, as an inducement to employers of -ex-prisoners, for the grant of a weekly sum of money. This allowance -might continue for three months, being subject to withdrawal in -unworthy cases. For prisoners who could not get work, an allowance -not exceeding four shillings a week might be paid for a period not -exceeding one month.</p> - -<p>Another early experiment was the "Gloucester Refuge for Discharged -Prisoners" commenced in 1856. Prisoners on discharge from the County -Gaol were, on the recommendation of a Visiting Justice or the Chaplain, -maintained free of charge for a fortnight, after which a small charge -was made. On employment being found they handed over the whole of their -earnings, any balance remaining being handed to them on leaving the -Institution. The stay of unemployed inmates was limited to fourteen -days, and in no case exceeded one month.</p> - -<p>Another phase of relief to discharged prisoners took the form of an -"Industrial Home" at Wakefield, founded in 1856, under the auspices of -the Governor of the House of Correction for the West Riding. It was -said to be self-supporting, manufactures being carried on. Lodgings -were found for inmates outside the Home.</p> - -<p>These three experiments are said to have compared favourably as regards -expenditure with those having<span class="pagenum"><a name="Page_167" id="Page_167">[Pg 167]</a></span> the same object in view, which had -been established in London, and known as the London Reformatory, the -Preventive and Reformatory Institution, and the Metropolitan Industrial -Reformatory at Brixton.</p> - -<p>About this time, Societies for aiding ordinary prisoners on discharge -were formed at many of the larger Prisons, <i>e.g.</i>, the Hull, East -Riding, and North Lincolnshire; Glamorganshire; North and South -Stafford; Leeds; West Kent; Manchester; Liverpool; and the Metropolitan -Aid Societies, all of which are in existence at the present time.</p> - -<p>The success of the Birmingham experiment is said to have led to the -passing of the Act of 1862, which recited that Aid Societies had been -established by voluntary effort, and gave power to Justices to pay a -sum not exceeding £2 to such Societies, to be expended on behalf of the -discharged prisoner.</p> - -<p>Another Act was passed in 1865 which re-enacted a similar provision -to that contained in the Act of 1862, the expense to be borne by the -local rates. Under the Prison Act of 1877, it was laid down that "where -any prisoner is discharged from prison, the Prison Commissioners may, -on the recommendation of the Visiting Committee or otherwise, order a -sum of money not exceeding £2 to be paid by the Gaoler to the prisoner -himself, or to the Treasurer of a Certified Prisoners' Aid Society or -Refuge, on the Gaoler receiving from such Society an undertaking to -apply the same for the benefit of the prisoner."</p> - -<p>This being the law, two general observations may, I think, be made with -regard to it (1) that the duty of aiding prisoners on discharge has -been recognized from the beginning of the century as a public duty to -be borne by public funds, the Voluntary Aid Society being ancillary for -this purpose, <i>i.e.</i>, to assist in the disbursement of public money, -and <i>incidentally</i>, at least, in the first instance, to increase it by -private benefaction (2) that in its origin this grant was a charitable -gift, irrespective of the prison history and conduct of a prisoner, and -the total sum expended might assume large proportions, the maximum of -£2 being permissible for <i>any</i> prisoner.</p> - -<p><span class="pagenum"><a name="Page_168" id="Page_168">[Pg 168]</a></span></p> - -<p>As a matter of fact, the local authority used this power very -sparingly. A Return is given in Appendix 19 of the Second Annual -Report of the Commissioners, and shows that the total discharges for -the three years preceding 1878 were, roundly, 370,000, and the total -gratuities paid to prisoners, roundly, £11,000, or a proportion of -about 7d., per head, the sums given varying greatly in the different -districts, <i>e.g.</i>, Cold Bath Fields Prison gave £3,000 and Manchester -£60 for a nearly similar number of discharges (circ. 30,000). In some -Prisons, there was a system of giving a percentage on the value of -work done, but this did not prevail to a large extent, and the above -statement may, I think, be taken as roughly representing the extent to -which monetary help was forthcoming to discharged prisoners before the -prisons passed into the hands of the Government.</p> - -<p>At this point, as was to be expected, when every other Department of -Prison administration was undergoing revision and reconstruction, -the question of devising a system of aid-on-discharge received a -large share of notice. As before stated, the law of 1877 gave the -power to grant £2 to any prisoner. There was, therefore, no legal -difficulty in the way of continuing the same method that had previously -prevailed, <i>viz</i>:—in deserving cases of granting a sum of money on -the recommendation of the Visiting Committee, or otherwise. This -comparatively simple method was not resorted to, and apparently -because it seemed to the authorities to be too capricious in its -operation, to work unevenly, and to lack that precision and uniformity -which it was the object to establish. Moreover, as stated, it had -no relation to the conduct and industry of a prisoner, and it was -only natural that the Commissioners should be predisposed in favour -of the system of gratuities under the Progressive Stage System, at -that time working with success in Convict Prisons, and where the -money that a prisoner could earn by industry with good conduct was -also a gratuity or benefaction which, under proper direction, might -be used for his benefit on discharge. In their Second Annual Report, -the Commissioners stated "There is no reason why such a system of -awarding gratuity for<span class="pagenum"><a name="Page_169" id="Page_169">[Pg 169]</a></span> industry should not be worked in conjunction -with that of aiding prisoners with reference solely to their needs -on discharge. As respects the grants of aid, it is, in our opinion, -essentially necessary to success that the co-operation of persons -unconnected with the prisons should be secured in order that <i>by their -aid</i> and interest, prisoners may be provided with employment." Here -we have, therefore, a distinct departure, the so-called 'gratuity' -of the convict system taking the place of the former grant in aid in -Local Prisons; or, in other words, one of the methods for securing -Prison industry and conduct being utilised for the additional purpose -of supplying the needs of a prisoner on discharge. It is, I think, -obvious that such a scheme—though it worked well in regard to convicts -where the maximum gratuity might reach £6—is not applicable to Local -Prisons where the maximum is fixed at ten shillings, and where few -prisoners reach their maximum, or even a considerable portion of it, -owing to the shortness of their sentences. However, the attempt was -made, and a sum of £5,000 taken in the Estimates under the heading of -"Gratuities"—an equivocal term, meaning both the earnings of prisoners -under the Progressive Stage System and also the charitable donation, -which was to benefit the prisoner on discharge. It soon became apparent -that the effect of this policy would be to starve existing Aid -Societies and to paralyze their powers of good. Strong representations -were made to the then Secretary of State that it had become impossible -to help short sentence cases—often the most deserving and including -most of the first offenders—and in December, 1878, a Conference of -Aid Societies was held to "protest against the failure of the Stage -or Mark System for the purpose of aid on discharge," and a resolution -was passed asking the Government to make a grant in addition to the -gratuities under the Stage System at the rate of one shilling a head -of total discharges. In consequence of this, the Home Office decided -that the Stage System should be considered as a matter of discipline, -but that assistance to Discharged Prisoners' Aid Societies should be -on a different footing: and that it was reasonable, and in accordance -with public opinion, to make a grant either<span class="pagenum"><a name="Page_170" id="Page_170">[Pg 170]</a></span> according to the number -of cells or the number of discharges <i>provided a certain proportionate -amount is voluntarily subscribed</i>. Here are contained two important -assertions of principle on which has been based the action of the -Government since this date.</p> - -<blockquote> - -<p>(1) that it is the duty of the Government to make a charitable -donation in aid of discharged prisoners in addition to the gratuities -under the Stage System, which are an affair of prison discipline.</p> - -<p>(2) that the sum should be regulated by the amount of private -subscriptions, provided that a maximum calculated on the total number -of discharges is not exceeded.</p></blockquote> - -<p>In short, the State goes into partnership with bodies of charitable and -benevolent persons, duly certified under the Act, in order to secure -a double object (<i>a</i>) the State object, that steps shall be taken at -least to lessen the chances of a man's relapse into crime (<i>b</i>) the -private and charitable object of relieving misfortune and distress.</p> - -<p>After some correspondence, the Treasury agreed to the principle, and -in addition to the money already taken for gratuities in Local Prisons -(£5,000), an ultimate limit of £4,000 was sanctioned for this purpose, -and its expenditure was regulated by the following conditions:—</p> - -<blockquote> - -<p>(1) that there should be assigned to each prison the proportion of -this sum which its average number of prisoners or of discharges bore -to the total number of the same.</p> - -<p>(2) that there should be a Discharged Prisoners' Aid Society in -connection with the Prison, and that voluntary subscriptions should be -at least an equal amount.</p> - -<p>(3) that the Society, if required, take charge of the sums earned -under the mark system.</p> - -<p>(4) that the grant should be exclusively for the benefit of prisoners -recommended by the Prison authorities as industrious and fairly -conducted.</p> - -<p>(5) that the grant shall not in any case exceed £2, inclusive of the -sum earned under the Stage System.</p></blockquote> - -<p>The System, however, did not work satisfactorily; and the Departmental -Committee on Prisons of 1894, after<span class="pagenum"><a name="Page_171" id="Page_171">[Pg 171]</a></span> considering the matter, reported -that it did not appear that there was either uniformity of action -under definite principles, or that the various Societies were so far -organized as a whole that the effect of aid could be satisfactorily -ascertained. There seemed to be a great and unnecessary variation in -the methods of working. They advised that a special inquiry should -be undertaken into the character, and working, and methods, of each -Society, and were in favour of an increase in the Government Grant -where it was shown that Societies were working on principles approved -by the Government, and with success. Such an inquiry was undertaken by -the Commissioners in 1896, and, at the end of the following year, a -Circular was issued by them prescribing Rules for the future regulation -of all Aid Societies.</p> - -<p>In suggesting these Rules, the Commissioners made it clear that it -was not their desire or intention to coerce or interfere with the -free liberty of action of Societies which were of course only subject -to official control so far as they might draw a subsidy from public -funds. They pointed out that "the central authority has opportunities -not possessed by individual societies of collating information as -to the methods and working of all Societies; and upon the knowledge -thus obtained, of forming an opinion as to what are, on the whole, -the methods most likely to succeed in attaining the objects which the -Societies and the Government have in view: that uniformity of procedure -does not necessarily connote official control. As there has been in the -past, so there must be in the future, official control to this extent, -<i>viz</i>:—that it is the duty of the Government to satisfy itself in all -cases where there is a grant, however small, from public funds, that -the grant is expended in a proper and effectual way on the object for -which it is designed: that the Commissioners are, on the one hand, the -trustees for the Government grant, and, on the other, the responsible -authorities for carrying out the sentences of the law, and, though -their strict duty ends when the prisoner has purged his crime, and -left the prison gate, common humanity demands that some care shall -be bestowed by the State on the discharged prisoner, both in order -to relieve his immediate<span class="pagenum"><a name="Page_172" id="Page_172">[Pg 172]</a></span> necessities, and to make his re-entry into -honest life possible and less difficult: that it is in the fulfilment -of this latter duty that they have in the past been able to avail -themselves of the assistance, warmly proffered and gratefully accepted, -and in very many cases zealously and effectually rendered, of certified -Societies for the Aid of Discharged Prisoners: that these Societies now -form a network of charitable and philanthropic effort spread throughout -the country and working in connection with each prison: that their -work, though due to private initiation, and mainly supported by private -subscriptions, has nevertheless such public importance and value, -that it is becoming more the duty and concern of the Government, not -indeed to fetter and harass their free and independent action by the -imposition of binding official rules and regulations, but to encourage -and stimulate their efforts, to offer direction and guidance, and it is -in this spirit, and not with any desire to override or control the free -play of benevolent action, that the Commissioners desire to suggest, -for the guidance of each Society, the methods which they believe to be -the most effectual."</p> - -<p>The Scheme was as follows:—</p> - -<p>(1) That the Governor and Chaplain should, in all cases, be members of -the Committee, and should act with, or as, a Sub-Committee under the -larger body, for the purpose of dealing with small cases, and those -under short sentences.</p> - -<p>(2) That the Visiting Committee should, if possible, in all cases be -members of the Discharged Prisoners' Aid Society, and take an active -share in its management, <i>especially in cases where they are also -Trustees of the Prison Charity</i>.</p> - -<p>(3) That a Sub-Committee of ladies be appointed for the assistance of -female prisoners, and that they act under instructions prescribed for -them by the Commissioners.</p> - -<p>(4) That for both male and female prisoners, Agents should be appointed -in all cases.</p> - -<p>(5) That the Society should establish relations with any Labour Homes -or Institutions for men and women that may exist in the county or -district, and shall arrange<span class="pagenum"><a name="Page_173" id="Page_173">[Pg 173]</a></span> for the charge of cases by payment of a -capitation grant.</p> - -<p>(6) That the Society should appoint corresponding members or -committees, <i>e.g.</i>, Clergymen, Police Officers, private individuals -(male and female) in districts remote from the Prison with the object -of (<i>a</i>) paying gratuities; (<i>b</i>) following up a case; (<i>c</i>) securing -care and superintendence in a deserving case; (<i>d</i>) furnishing -information with a view to employment.</p> - -<p>(7) That the Society should take charge of <i>all</i> gratuities and arrange -for their disbursement in a manner most advantageous to the prisoner, -and calculated to prevent the immediate and useless dissipation of -the money. Payments of cash in lump sums should, as far as possible, -be avoided, and receipts for all cases should be taken for the aid -which has been given. Payments by instalments and through the agencies -described in (6) will be preferred, and when necessary, payments in -kind by the purchase of clothes or materials, according to the needs of -each case.</p> - -<p>(8) That the Society should allow other benevolent societies or persons -desirous of assisting discharged prisoners to make arrangements for so -doing, subject to its approval and control.</p> - -<p>(9) That the Societies should co-operate with each other by mutual -arrangement, in taking charge of cases coming from districts other than -their own; especially of the juveniles whose sentences are in excess of -one month and who are transferred to collecting or district prisons, -and who thus by being moved out of their own localities might suffer by -being deprived of local interest in their case.</p> - -<p>It will be seen that these Regulations did not fundamentally alter -the principles according to which the aid to discharged prisoners -had hitherto been regulated. Gratuity remained part of the system: -there was no proposal to increase the Government Grant, and the new -Regulations applied only to prisoners discharged from Local Prisons. -The object in view was mainly to secure greater uniformity in method, -and otherwise to secure the co-operation of any outside agencies, -persons, or Institutions which might be able to give assistance in the<span class="pagenum"><a name="Page_174" id="Page_174">[Pg 174]</a></span> -districts where the prisoners were discharged.</p> - -<p>No further action was taken in the way of improving or altering the -system of aid-on-discharge in either Convict or Local Prisons till -some ten years later, when a very important step was taken, completely -changing the system of the former, and largely modifying that of the -latter. The Commissioners informed the Secretary of State in 1909 that, -after full consideration, they had come to the opinion that the task -of rehabilitation in the case of a man on discharge from a sentence of -Penal Servitude was too difficult and too costly to be left entirely to -voluntary Societies unaided by any grant of public funds, and working -independently of each other, at a problem where unity of method and -direction are above all things required. Mr. Secretary Churchill, -to whom these views were represented, at once agreed that a new -Agency should be established for the aid of discharged convicts, and -announced his decision in the House of Commons in July, 1910. The new -Association has accordingly been formed, and is called, "The Central -Association for the Aid of Discharged Convicts." It combines, for the -common purpose of aiding prisoners on discharge from penal servitude, -all those Societies which had hitherto been operating independently -at Prisons. This new Association is subsidized by the Government, and -is not dependent on voluntary contributions. At the same time, the -Gratuity System has been discontinued, and the Association undertakes -to provide in the case of every discharged convict, so that he may -not be without the necessaries of life, and a fair prospect of -rehabilitation on the day of discharge. The Association, which is under -the capable management of Sir Wemyss Grant-Wilson at 15, Buckingham -Street, W.C., established a procedure by which every convict is -interviewed at a reasonable period before discharge. At this visit, -his wishes and circumstances are ascertained, and if he desires to -place himself under the care of any of the Societies represented on the -Association, arrangements are made accordingly.</p> - -<p>The Association is governed by a General Council, of which the -Secretary of State is President, and on which the Societies and -Institutions hitherto operating in this<span class="pagenum"><a name="Page_175" id="Page_175">[Pg 175]</a></span> particular field of charity -are represented.</p> - -<p>While these great changes were proceeding in the Convict System, I was -endeavouring also by conference with representatives of Discharged -Prisoners' Aid Societies of Local Prisons to obtain their agreement -to certain changes in the system of aid for Local prisoners, having -been led by experience to the opinion that a greater efficiency might -perhaps be attained in dealing with prisoners discharged from Local -Prisons under a different system. I submitted certain propositions, the -object of which was, within the limit of existing financial resources -(public and private), by an alteration of the financial arrangements, -to increase the powers and duties of Aid Societies, subject to a -sufficient control of public funds on the part of the Commissioners.</p> - -<p>This could only be made possible by discontinuing the practice of -allowing certain prisoners to earn gratuities <i>as a matter of right</i> -by good conduct and industry in prison. Long experience had led the -Commissioners to the opinion that the Gratuity System in Local Prisons -was not a success. It was originally borrowed from the Penal Servitude -System at the time when Local Prisons were centralized at Whitehall, -and was generally accepted as a sufficient discharge of the power -conferred on Justices of the Peace under Section 42 of the Prison Act, -1865, for making provision for the benefit of discharged prisoners, but -it was ineffective, as a means of charity, because such a relatively -small percentage of prisoners (<i>i.e.</i>, only those whose sentences -were over one month) would profit by it, and, secondly, as a means of -discipline in securing the good conduct of the prisoners by the hope -of earning a small sum on discharge, it could now be dispensed with, -as the power to earn remission, conferred by the Prison Act, 1898, -constituted, in the opinion of the Prison Authorities, a sufficient -inducement to abstain from acts by which this highly-prized privilege -could be lost. It was therefore desirable that the benefits conferred -on prisoners by the Gratuity System should be secured to them in some -other way. The State was paying in Gratuities at that time about -£8,000 a year, and between £3,000 and £4,000 by<span class="pagenum"><a name="Page_176" id="Page_176">[Pg 176]</a></span> way of grants to Aid -Societies, under the scheme approved in 1897. To this total of about -£11,000 a year the Aid Societies were contributing, roughly, about -£10,000 a year. My proposals were (1) to abolish all gratuities: (2) -to raise the Government grant from 6<i>d.</i> to 1<i>s.</i> per head: (3) to -place this money at the disposition of the Aid Societies, at a rate -corresponding to the number of prisoners discharged from each prison, -subject to certain conditions, the principal of which were that every -Discharged Prisoners' Aid Society should: (<i>a</i>) be duly registered with -a certificate of the Commissioners that it is properly and efficiently -organized: (<i>b</i>) that the increased Government grant should be met by a -local annual subscription equal to one-half of the amount: (<i>c</i>) that -the money hitherto spent on Gratuities should be handed over to the -Discharged Prisoners' Aid Society, no Society to receive less in grant -than the annual average amount of gratuity earned at the prison during -the last triennial term.</p> - -<p>The effect of these proposals, which were finally approved by the -Secretary of State and the Treasury, at the beginning of 1913, was -obviously to increase very materially the amount which each Society -receives from public funds. The intention is that every case, -<i>irrespective of length of sentence</i>, shall receive the <i>personal</i> -attention of the Aid Society attached to the Prison, whose resources -are considerably increased under the present plan. The Government -having great confidence in the earnest purpose of the Discharged -Prisoners' Aid Societies throughout the country, felt justified in -asking them to undertake this greater responsibility. In giving effect -to these proposals it was pointed out to the Aid Societies that it -could only be undertaken, with any prospect of success, and even with -fairness to the prisoner (especially if under a long sentence, and -henceforth to be deprived of his Gratuity), subject to the following -conditions—</p> - -<p>1. The affairs of the Society shall be managed by a Committee. The -Committee shall appoint a Sub-Committee whose duty it shall be to meet -weekly at the Prison, and to make provision for assisting prisoners due -for discharge in the ensuing month or fortnight. The<span class="pagenum"><a name="Page_177" id="Page_177">[Pg 177]</a></span> Sub-Committee -shall consist of at least one member of the Discharged Prisoners' -Aid Society, to be selected by roster or otherwise, in addition to -the official Prison Authorities. The Governor, Chaplain, Priest, and -Minister of the Prison shall be <i>ex-officio</i> members of the Committee -and of the Sub-Committee. Lady Visitors shall also be members of both.</p> - -<p>2. Where the amount of work to be done is sufficient, the Society shall -appoint an agent or agents to act under their direction generally, and -in particular:—</p> - -<blockquote> - -<p>(<i>a</i>) to find employment for discharged prisoners.</p> - -<p>(<i>b</i>) to find respectable lodgings or Homes in which discharged -prisoners may be placed and maintained in suitable cases.</p> - -<p>(<i>c</i>) to visit, encourage, and report on the progress of all persons -under the care of the Society.</p> - -<p>(<i>d</i>) to accompany prisoners to the railway station and see them off, -if required.</p></blockquote> - -<p>3. The Society shall keep a record of its dealings with all discharged -prisoners, and shall publish an Annual Report, with statements of -results and of Accounts in an approved form. The accounts shall be -audited by a Chartered Accountant. Three copies of such report shall -be forwarded to the Commissioners not later than the 14th of April in -every year.</p> - -<p>4. The payments and grants received from the Commissioners shall be -expended for the benefit of prisoners, and shall not be invested.</p> - -<p>5. The Society shall render assistance to all deserving cases on -discharge, irrespective of length of sentence, all prisoners being -deemed to be eligible for assistance provided that they are, in other -respects, worthy of the consideration of the Society, special attention -being paid to the longer sentenced prisoners who formerly earned -gratuity.</p> - -<p>6. The Society shall co-operate with the Borstal Committees in giving -special attention to the assistance on discharge of persons treated -under the "Modified" Borstal System.</p> - -<p>The new scheme is working satisfactorily, and there are signs -everywhere that the result has been to encourage<span class="pagenum"><a name="Page_178" id="Page_178">[Pg 178]</a></span> and stimulate the -action of the Societies by throwing a great and new responsibility -upon them, and by placing in their hands a considerable sum of public -money, to be spent according to their discretion and not according -to a fixed and mechanical rule, as was formerly the case under the -Gratuity system. There is every reason to hope that the system of -aid-on-discharge, both in Convict and Local prisons, is now placed -on a sound and effective basis, and that through its operation, many -cases will be saved from a relapse into criminal ways, owing to the -personal care and individual attention which the new system postulates -as a condition of efficiency. During 1918, 21,388 convicted prisoners -were discharged, of whom 7,719, or 36 per cent., were aided, and of -these latter, 75 per cent. were suitably placed in good employment. -Twenty-eight Aid Societies were able to find employment for over 50 per -cent. of the cases aided by them.</p> - -<p>The new system in each case, both for Local and Convict Prisons, -furnishes a remarkable example in the application of what may be -called the new spirit in the Prison Administration of this country, -<i>i.e.</i>, the cordial and harmonious co-operation between official and -voluntary effort, which experience shows every day to be not only the -best, but the only effective method for dealing with the problem of the -discharged prisoner.</p> - -<p>An important change has recently been made in the machinery of the -Central Organization of Aid Societies. Prior to 1917, the central -representation of Aid Societies had been by means of a Committee of -the Reformatory and Refuge Union, known as the Central Committee -of Discharged Prisoners' Aid Societies. The Reformatory and Refuge -Union had, in the early 'sixties, warmly taken up the question of -aid-on-discharge, and, by its energy and initiative, had become the -principal instrument for the organization of Societies dealing with -short-sentenced prisoners. In 1878, soon after the passing of the -Prison Act, an important conference of Aid Societies was convened by -the Union, at which a Committee was appointed having generally for -its purpose to extend the operations of Aid Societies, as well as to -maintain existing Societies and to increase their efficiency. This -historical<span class="pagenum"><a name="Page_179" id="Page_179">[Pg 179]</a></span> connection with the Reformatory and Refuge Union remained -till the present time, and of late years, the Central Committee, under -the able direction of its Chairman, Lord Shuttleworth, has rendered -valuable service in calling attention to various reforms by means of -conferences invoked, from time to time, in different centres. There -had, however, been manifested of late years a growing desire on the -part of many Societies for some change in the central organization, -which should have the effect of strengthening the Executive function of -the Central body, so that its influence might be extended and advantage -taken of its large common stock of experience for the investigation of -new methods of development. The Chairman of the Royal Aid Society, Mr. -F.P. Whitbread, acting in agreement with the representatives of some -of the leading Societies, proposed a scheme for the establishment of -such a Central Executive body, to meet periodically for discussion, -and with power to appoint sub-Committees to enquire, and report, and -advise as to the adoption of improved methods of relief for the various -categories of prisoners of both sexes. The new body, known as the -Central Discharged Prisoners' Aid Society, was formally instituted by -general consent at the beginning of 1918, Mr. Whitbread being elected -Chairman of the Central Executive Committee, and the Commissoners were -invited to nominate three members to serve on the Executive. The new -system is only a variation of that hitherto pursued; but its effect -will be to bring a more direct influence on the various Societies, -all of whom will be represented on the Executive. In this way not -only uniformity of procedure, but an agreed policy in the pursuit of -a common purpose, is likely to result. It is only the complement and -the fulfilment of the public-spirited and beneficent work undertaken -in the beginning by the Reformatory and Refuge Union, acting through -the Committee of 1878, and to that body must be given the credit not -only for pioneer work in originating the system of aid-on discharge in -this country, but for the growth of public interest and zeal in the -development of this particular branch of social work, to which the -recent change of methods bears witness.</p> - -<p><span class="pagenum"><a name="Page_180" id="Page_180">[Pg 180]</a></span></p> - -<p>During recent years, the work of Aid Societies has been extended to the -assistance of the wives and families of men undergoing imprisonment, -and the steps taken will insure that, in future, no deserving case will -be overlooked, and the suffering that has been endured by hundreds of -innocent women and children will become a thing of the past. Various -agencies have rendered assistance in making the necessary inquiries, -chief among them being the National Society for the Prevention of -Cruelty to Children, the Church Army, and the Charity Organization -Society.</p> - -<p>Owing to the War, no general effect has yet been given to the powers -taken by Section 7 of the Criminal Justice Administration Act, 1914, -to subsidise a society for the care and control of persons under the -age of 21, being either on Probation, or placed out on licence from -a Borstal Institution or Reformatory or Industrial School, or under -supervision within the meaning of Section 1 (3) of the same Act (vide -page 82). As President of the newly-constituted Central Committee of -Discharged Prisoners' Aid Societies, I recently took the opportunity -of appealing for the establishment of a National Society for the -Prevention of Crime and for the Protection of the Young Offender. -All these categories of young persons named are now being attended -to by different Agencies or persons, the same agent often acting for -different classes, though not under the same authority. Such a National -Society, though not interfering with liberty of action of each, would -co-ordinate the whole, and such exchange of voluntary service might -be of the greatest benefit, and would provide the rallying point for -all forces, both secular and religious, now occupied in the task of -rehabilitating those who have fallen under the ban of the criminal law.</p> - -<p>So far, I have dealt only with "Patronage," as applied to Convict and -Local Prisons. There are two other categories of prisoners who are -dealt with on discharge in a different way, <i>i.e.</i>, those discharged -under the Prevention of Crime Act, 1908 (<i>a</i>) from Borstal Institutions -(referred to in a former chapter): (<i>b</i>) from Preventive Detention.</p> - -<p>The Gratuity System still remains in force for both<span class="pagenum"><a name="Page_181" id="Page_181">[Pg 181]</a></span> these classes, its -object being, in the former case, that the inmate should have a small -<i>pécule</i> at his disposition, which, taken in conjunction with such -assistance as the Borstal Association are able to give, may furnish -material help towards his reinstatement; and, in the latter, where -a prisoner may be awarded 1d., 2d., or 3d., for every working day -according to the nature of work, and skill, and industry displayed. The -money thus gained may be spent, either in purchasing certain articles -in the canteen, or be sent to a member of his family: if accumulated, -it would, in the event of conditional licence, be paid over on the -prisoner's behalf to the authorities of the Central Association to be -expended in such way as they may think fit for his benefit.</p> - -<p>The Gratuity System also remains in force for those young prisoners -who are treated under the "Modified" Borstal System in Local Prisons, -as before explained, the object being not only to provide a stimulus -for labour and good conduct, but to furnish means for material aid on -discharge in cases considered by the Borstal Committee operating at -each Prison, for the purpose of the reinstatement of these lads in -honest industry. Moreover, they are not entitled to earn remission in -the same way as are other prisoners under the provisions of the Prison -Act, 1898. It is because ordinary prisoners have enjoyed this privilege -since 1898 that it was found possible to abolish the Gratuity System -for them, the necessary stimulus for industry with good conduct being -provided for by the hope of remission of sentence, which experience -shows to be more effective for the purposes of discipline than the -fear of losing any portion of the money to which they may have become -entitled under the Progressive Stage System.</p> - -<hr class="tb" /> - -<p>For many years prior to the War, statistics of recidivism had -indicated, at least so far as serious crime tried on indictment was -concerned, that the mass of criminality was being confined to one -set of people, who were slowly passing to the later age categories, -and leaving a reduced number to take their place. The Tables printed -below show the remarkable decline in recidivism that has taken<span class="pagenum"><a name="Page_182" id="Page_182">[Pg 182]</a></span> place, -especially since the War. A large proportion of this decrease may -doubtless be credited to the extraordinary growth of "Patronage", -or aid-on-discharge, which has taken place during the last quarter -of a century. For many years past, the Borstal Association has been -successful in reclaiming over 70 per cent. of the lads, 16-21, released -to its care; and among hardened convicts, the Central Association is -able to furnish remarkable figures. In their report for 1914-15 they -showed that since its foundation in 1911 the following numbers of -discharged convicts had passed through its hands each year:—1,147, -878, 761, and 792. Of this body, the numbers still out of prison on -the 1st April, 1915 were 527, 474, 449, and 662 respectively. Of those -discharged during 1914-15 the numbers in the "Star," "Intermediate" -and "Recidivist" classes were, respectively, 77, 187, and 528. -The number reconvicted in each category was 2, 21, and 107. As we -pass, therefore, from the "Star," or First Offender category, the -difficulty of successful after-care becomes manifest; thus, while -only two First Offenders were reconvicted, the reconvictions in the -case of "Intermediates" and "Recidivists" were 11 and 20 per cent. -respectively. It is clear, however, from the Annual Report of the -Association, that they are far from being dismayed by what must be, in -many cases, a hopeless struggle with this resisting mass of recidivism. -They look forward, and with good reason, to the hope that lies in -the future, <i>viz</i>:—that what they describe as "the stage army of -recidivist outlaws" will be steadily and permanently reduced in Convict -Prisons, not only in consequence of a better system of after-care, -which, under new methods, now awaits the convict on his first discharge -from penal servitude, but as the certain result of concentration of -effort on the young, or adolescent offender. To find work for 366 -out of 792 discharged convicts is by itself striking evidence of the -vigour, method, and real zeal which characterizes the work of the -Association; to be able to report that 662 of these men were known to -be satisfactory at the end of the year furnishes proof of a work which -must, from the character and antecedents of these cases, be extremely -difficult and unpromising, and<span class="pagenum"><a name="Page_183" id="Page_183">[Pg 183]</a></span> shows that the men must have been the -subject of much careful shepherding.</p> - -<p>About ten years have elapsed since the formation of the Central -Association, and since that date the actual number of persons convicted -on indictment with <i>six or more</i> previous convictions has fallen by -80 per cent. In 1910, there were 1,066 prisoners convicted who had -previously served a sentence of penal servitude, while in 1918 there -were only 297. A great reduction has also taken place in the number of -male convicts classified as Recidivist after reception into prison. -Prior to 1911, the number frequently exceeded 900 annually, while in -1918 it was only 191.</p> - -<hr class="tb" /> - -<p>The following tables show (a) the actual fall that has taken place in -the numbers sentenced on indictment who had been previously convicted, -and (b) the decrease in the number of male convicts classified as -recidivist:—</p> - -<p>(a)</p> - -<table summary="guess?" width="65%"> - -<tr><td rowspan="2">Year</td> <td rowspan="2" align="right">Total convicted on indictment</td> <td colspan="3" align="right">Number previously convicted</td></tr> -<tr><td align="right">1-3 times</td> <td align="right">4-5 times</td> <td align="right">6 times & over</td></tr> -<tr><td>1910</td><td align="right">11,317</td> <td align="right">3,954</td> <td align="right">1,215</td> <td align="right">3,828</td></tr> -<tr><td>1913</td><td align="right">10,165</td> <td align="right">2,459</td> <td align="right">998</td> <td align="right">3,462</td></tr> -<tr> <td>1918</td> <td align="right">4,694</td> <td align="right">1,153</td> <td align="right">287</td> <td align="right">786</td></tr> -<tr><td>Decrease per cent. since 1900 </td> -<td class="tdr">59</td> <td class="tdr" >71</td> <td class="tdr">76</td> <td class="tdr">80</td></tr> -</table> - -<p><span class="pagenum"><a name="Page_184" id="Page_184">[Pg 184]</a></span></p> - -<p>(b) Classification of Male Convicts received into Convict Prisons.</p> - -<table summary="evenmore" width ="80%"> -<tr><td>Year</td> <td align="right"> Star, or First Offender.</td> <td align="right">Intermediate.</td> <td align="right">Recidivist.</td> <td align="right">Total.</td></tr> -<tr><td>Average for five years ended 1910-11</td> <td align="right">99</td> <td align="right">245</td> <td align="right">948</td> <td align="right">1,292</td></tr> -<tr><td>" " 1915-16</td> <td align="right">104</td> <td align="right">160</td> <td align="right">579</td> <td align="right"> 843</td></tr> -<tr><td>For year 1916-17</td> <td align="right">18</td> <td align="right">55</td> <td align="right">279</td> <td align="right">352</td></tr> -<tr><td>" " 1917-18</td><td align="right">63</td> <td align="right">49</td> <td align="right">298</td> <td align="right">410</td></tr> -<tr><td>" " 1918-19</td> <td align="right">40</td> <td align="right">70</td> <td align="right">191</td> <td align="right">301</td></tr> -<tr><td>Decrease per cent. since 1910-11</td> <td align="right">60</td> <td align="right">71</td> <td align="right">80</td> <td align="right">77</td></tr> -</table> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_185" id="Page_185">[Pg 185]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_XV" id="CHAPTER_XV">CHAPTER XV.</a></p> - -<p class="center">THE MEDICAL SERVICE.</p> - - -<p>No account of the English Prison System would be complete without -reference to the place and duty of the Medical Officer in the daily -administration of a Prison. The English law requires that a Medical -Officer shall be appointed to each prison. The appointment is made -by the Secretary of State on the recommendation of the Prison -Commissioners, and office is held subject to the approval of the -Secretary of State. Great care is taken in selecting suitable men with -high medical qualifications, and who are possessed of proved tact and -discretion; a practical knowledge of insanity is also requisite. As -the size of the prison varies very considerably, in the smaller prison -the Medical Officer is generally a medical practitioner residing in -the vicinity of the prison, who devotes a part only of his time to -prison duties: at least one visit daily is required. In the larger -prisons one or more medical men are appointed, whose whole time is at -the service of the Commissioners, the senior appointments being filled -by promotion from the junior rank. The prisons are frequently visited -by a Medical Inspector who not only supervises and advises the Medical -Officers, but forms a link with the whole of the Medical Staff, thus -tending to standardize the medical work carried out in prisons. He is -also available to visit and report on any individual prisoner when any -difficulty arises necessitating special inquiry. He works under the -Medical Commissioner, who represents the medical side of the service on -the Prison Board, and deals with the administration of the Department.</p> - -<p>The mere enumeration of his statutory duties reveals the great and -varying responsibility imposed upon the Medical Officer:—examination -on reception and discharge; visitation of the sick and those under -punishment; the sanitary condition of the buildings; ventilation; food; -water; clothing and bedding:—all these things are combined in<span class="pagenum"><a name="Page_186" id="Page_186">[Pg 186]</a></span> the -daily round. He classifies prisoners for labour according to their -physical fitness. He carefully notes the effect of imprisonment on -the mental or physical state of prisoners, and advises when, in his -opinion, life or reason is likely to be endangered by the continuance -of imprisonment, and it is satisfactory to record that no abuse of this -great responsibility has occurred since the prisons were taken over by -the State in 1878. He takes under special observation any case where -he has reason to suspect that the mental state is becoming impaired or -enfeebled by imprisonment, and carefully notes any sign of incipient -insanity. The health of the prison officers and their families, and the -sanitary condition of their quarters are also his special concern.</p> - -<p>It is a striking testimony to the skill and care with which these -duties are performed that, with receptions in a normal year, we will -say, of 200,000 persons, and with some 15,000 serious cases treated -annually in hospital, of both sexes, and some 25,000 under continuous -medical treatment for seven days or over, the death-rate in prison -should be generally less than ·50 per 1,000 receptions.</p> - -<p>Our prisons have been described by a high medical authority as among -the best sanatoria in England. This praise is well deserved, but it -does not mean that illness is rare or only trivial, but that the skill, -industry, and patience of the medical staff, operating in healthy -sanitary conditions, equipped with modern knowledge and resource -in dealing with the great variety of disease, which diagnosis on -reception, or individual care during detention, reveals, is effective -in maintaining a high standard of general health with a comparatively -low death-rate, so far as prison conditions admit a comparison with the -general death-rate of England and Wales.</p> - -<p>For instance heart disease, pneumonia, and phthisis claim a regular -roll of victims, though, in most cases, death would be due to chronic -complaints in old, or prematurely old persons, with broken-down -constitutions.</p> - -<p>The incidence of infectious disease in prisons has, for some years -past, been remarkably low. In a prison community, any illness of an -infectious character is naturally viewed with great apprehension, -and is always<span class="pagenum"><a name="Page_187" id="Page_187">[Pg 187]</a></span> made the subject of strict inquiry—the danger of -infection being, of course, very great when so many persons are daily -received and brought into association at chapel, exercise, labour, -&c. Against this danger, the chief prophylactic must be in the exact -and unerring skill of the Medical Officer, who is able to detect -symptoms on reception which, unless detected, might spread an epidemic -throughout the prison. Thus, at the time of the small-pox epidemic of -1902, it was due to the precautions taken that, with few exceptions, -this highly infectious disease was prevented from spreading. When the -epidemic of enteric fever raged at Lincoln in 1905, not a single case -occurred in the prison, though prisoners were being received daily from -various parts of the city. Erysipelas is disease which is not uncommon -in prisons in the early days of imprisonment. Prisoners are not -infrequently received with cut hands and other wounds in a neglected -or septic condition, and with a probable predisposition to the disease -arising from a weak or unhealthy physical condition. Isolation, and the -usual precautions, however, generally prevent the disease, which has a -tendency to recur, from spreading.</p> - -<p>Deaths from phthisis average from ten to twenty a year. It is very -rare indeed for the disease to manifest itself for the first time -during imprisonment, but is already existing on reception, and more -often than not in a far advanced condition. It had been observed that -for the ten years ending 1901, there had been an average death-rate -of 16·7 from this cause, and in that year, special instructions -were issued for the segregation and special treatment of tubercular -disease. Cases were to be treated in the most airy cells, with southern -aspect, and special precautions taken with regard to the provision of -spittoons, disinfection of clothing, utensils, fumigation of cells, -&c. To carry out the spirit of these instructions necessarily entails -much circumspection and good-will on the part of all concerned, both -officers and patients. The effect of these regulations is not easy to -discern in Local, or short-sentence, prisons, owing to the fugitive -character of the population, but in convict, or long-sentence, prisons, -where the conditions incident to<span class="pagenum"><a name="Page_188" id="Page_188">[Pg 188]</a></span> imprisonment are operative over a -sufficiently long period, evidence may be found as to the measure of -the effect of prison life on this particular disease. An inquiry made -in 1906-7 shows that the death-rate from phthisis among males (cases -very rarely occur among females) sentenced to penal servitude (<i>i.e.</i> -not less than three years) was 1·38 per 1,000 of the daily average -population. Previously to the regulations of 1901, the mortality was -nearly double, amounting to 2·00 per 1,000. Since 1901, also, another -cause has been operating towards a decline in the amount of tubercular -disease, <i>i.e.</i>, the more generous prison dietary of that year, with an -increase in the proportion of fatty elements.</p> - -<p>Inquiries made at the time of the appointment of the Royal Commission -to inquire into the prevalence of Venereal disease in 1913 showed -that of the receptions into prison during the six months between -November and April 1914, 64,023 males and 17,161 females were received -into prison. Of the males 1·58 per cent., and of the females, 1·98 -were found to be suffering from some form of venereal disease. Full -advantage is taken of the modern methods of treatment, and practically -at all the larger prisons there is a clinic. Where facilities do not -exist in the smaller prisons, prisoners are treated at an outside -clinic, or transferred to a prison where there is one.</p> - -<p>Medical Officers also have very important duties and responsibilities -in connection with the feeding of prisoners. Prison dietaries in this -country have always been prescribed by Statute, but these definite -prescriptions—what a prisoner shall eat and drink—are always subject -to the moderating discretion of a Medical Officer. Formerly, the prison -dietary was regarded as an element of penal discipline. Sir J. Graham, -when Home Secretary, had repudiated this principle as long ago as 1843, -but the Secretary of State of those days had no power to enforce his -views on the local Justices, who gave effect to the popular idea that -the ordinary prison diet might properly be regarded as an instrument -of punishment. It must not be supposed, however, that the elimination -of the penal element necessarily connotes an attractiveness of<span class="pagenum"><a name="Page_189" id="Page_189">[Pg 189]</a></span> prison -fare. This is not the case; but the difficulties of framing a dietary -which shall be sufficient and not more than sufficient, for the varying -needs of many thousands of human beings of different ages and physique -is admittedly very great.</p> - -<p>The dietary of 1900 has, at least, removed one grave reproach against -the system, <i>viz</i>:—that prisoners habitually, and almost invariably, -lost weight. Under the old dietary, no less than 80 per cent. of -prisoners engaged on hard labour for a month or less lost weight. The -progressive improvement of dietary scale, proportioned to length of -sentence, has been effective in mitigating the ill-effects arising from -the application of the principle of punitive diet as a part of the -sentence of imprisonment.</p> - -<p>The skill and care of the medical staff would, however, be less -positive in its results but for the sanitary condition of the interior -of prisons, which has, for many years past, engaged the closest -attention. Great improvements have taken place of late years in the -construction of hospitals, and in the ventilation of halls and of -cells, and in the reconstruction of drains on the most up-to-date -lines. Formerly, the gas-lights, which are now in the corridors, were -inside the cell—in many cases, naked lights,—an objectionable system -from a sanitary point of view, and affording an easy means for mischief -or self-destruction, while giving inadequate light for reading or -working. It is not only with regard to artificial light that progress -has been made. The opaque window glass excluding the light of day, -and the hermetically closed window are now only memories of the past. -All these things of late years have had the effect of improving the -sanitary condition of prisons and the health of prisoners, and have, no -doubt, contributed to the remarkable bill of health which our prisons -present.</p> - -<p>But it is not only with the physical state of prisoners and the -sanitation of prisons that the medical staff is concerned. The prison -Medical Officer has justly acquired a reputation as an expert in mental -disease. Although a practical acquaintance with lunacy is expected of -a candidate for the Medical Service, it is owing to the exceptional -opportunities afforded for diagnosis of the<span class="pagenum"><a name="Page_190" id="Page_190">[Pg 190]</a></span> varying and often peculiar -mental states of prisoners that he is expected, and is able, to give -an expert opinion, not only in the grave cases where sanity is in -question, but also in those difficult and doubtful cases of mental -defectiveness which are continually occurring in every mode and degree. -Especially is great importance attached to the opinion of the Medical -Officer of prisons as that of an unbiassed expert witness on the mental -condition of cases charged with a capital offence. The growing practice -of the Courts to remand for medical observation in prisons when any -doubt exists as to the state of mind, has the desired result of -preventing the commitment to prison of persons who would be certified -to be insane almost as soon as received. Thus, twenty years ago the -number certified insane after reception into prison was a little over -one per cent. of the total receptions. To-day it is about half that -number.</p> - -<p>It is, however, with regard to a class of prisoner, who, for want of a -more precise and descriptive term, is designated "mental defective", -that the Medical Officer is called upon to exercise all his vigilance -and powers of diagnosis. There are persons who cannot be deemed -sufficiently irresponsible as to warrant certification, but who, from -obvious mental deficiency, cannot be considered fit subjects for penal -discipline. In 1901, a special treatment was established for this class -in local and in convict prisons. The effect of the new regulations was -largely to increase the rôle and responsibility of Medical Officers -in controlling the daily routine in respect of food, labour, and -punishment. It was about this time that the question of the best method -of dealing with mentally defective persons, other than those certified -under the Lunacy and Idiots Acts, came prominently before the public, -and a Royal Commission was appointed to inquire into the matter. At the -same time, an attempt was made to ascertain the number of persons in -prison who, on account of mental defect, were deemed unfit for ordinary -penal discipline. Medical Officers were requested to note down for six -months the number of persons received into their respective prisons -who, in their opinion, were of such a low order of intelligence as<span class="pagenum"><a name="Page_191" id="Page_191">[Pg 191]</a></span> -would be likely, by want of normal self-control, to get into mischief, -or commit crime. The result was that 3 per cent. of both sexes of the -total number of prisoners received were shown to fall within this -category. Writing on this subject in 1912, Sir Herbert Smalley, until -lately the Head of the Prison Medical Service, states:—</p> - -<p>"The number of prisoners who are mentally defective is the subject of -the very widest difference of opinion. There are some who would have -us believe that all prisoners are mentally affected, in fact they urge -that the mere fact of their committing crime is a proof of this. There -are others, who, whilst not going this length, yet put the number at -a very high figure. One well known writer recently alleged in the -daily press that probably 40 per cent. of our criminals are mentally -defective. A well known alienist writing to the "Times" some years ago -stated that at least 20 per cent. of all police court cases belonged -to the class of mental defectives. The Medical Investigators appointed -by the Royal Commission for the care and control of the feeble-minded, -after visiting several prisons and having seen some 2,553 prisoners, -estimated the number as mentally defective at 10·28 per cent. This -is again a higher rate than is generally returned by the prison -authorities as the number of mentally defective persons amongst the -prison population (irrespective of those certifiably insane who are -obviously unfit to be at large), <i>viz.</i>, 3 per cent.</p> - -<p>"Here at once is a wide divergence of opinion and the reason for the -great discrepancy is that so much depends on the view that is taken -as to the degree of mental deficiency which justifies an individual -being regarded as "Feeble-minded." There is no hard and fast line -of demarcation, as has been asserted, between feeble-mindedness and -sanity, any more than there is between a great many cases of insanity -and sanity; from the normal down to the lowest idiot, or dement, it is -only the question of degree of deficiency of mental power. This was -pointed out by the Departmental Committee on Defective and Epileptic -Children as far back as 1898."</p> - -<p>"One of the Medical Investigators of the Royal Commission alleges that -"the higher grade aments" are<span class="pagenum"><a name="Page_192" id="Page_192">[Pg 192]</a></span> sometimes not recognised by the prison -authorities, who are apt to think a man who works well and behaves well -in prison must be normal. There is some truth, no doubt, in this, for -in prison there is strict and close supervision, there is the daily -routine and the absence of "stress," "alcohol" and "temptation," to -which people are subject in the outer world; moreover, in many cases, -their time in prison is very short and their true mental condition is -masked by the condition in which they are received (as, for instance, -under the influence of drink and deprivation) so that the medical -officer very naturally hesitates before reporting them feeble-minded."</p> - -<p>The Mental Deficiency Act, 1913, came into operation on the 1st April -1914. It provides for three forms of supervision for defectives, -<i>viz</i>:—State Institutions for defectives of dangerous or violent -propensities, Certified Institutions, and Guardianship. The last named -can be ignored in considering criminal defectives.</p> - -<p>When the Act came into force there were no State Institutions, and the -accommodation in Certified Institutions was totally inadequate to meet -the needs of the situation. A State Institution was secured towards -the end of 1914, but was almost immediately handed over to the War -Office. Little, or nothing, could be done in the way of provision of -further accommodation, State or otherwise, during the continuance of -the Great War, and, as a result, very few criminal defectives could be -dealt with. Since the termination of hostilities, a State Institution -for male and female defectives has been established, and further -institutional accommodation provided, and it is hoped that in the near -future full provision will be made for dealing with all defectives, -guilty of criminal offences, who are certifiable under the Act.</p> - -<p>From 1st April 1914 to 31st March 1919, 871 cases were certified under -the Act, the total receptions into local prisons for this period being -376,000, <i>i.e.</i>, 2·3 per 1,000 receptions. The prisoners certified in -prison do not comprise the whole number of cases of criminal defectives -dealt with, as Courts have power under the Act to send such defectives -direct to Institutions, instead of to prison, and, as the working of -the Act becomes more stabilised,<span class="pagenum"><a name="Page_193" id="Page_193">[Pg 193]</a></span> advantage is taken of this power to -an increasing extent.</p> - -<p>But even so, there is a considerable discrepancy between the defectives -dealt with under the Act and the official ante-Act estimate, which was -considerably greater, and this is mainly due to the strict requirement -of the Act that the defect must have existed from birth or from early -age. Here at once a large number of prisoners regarded as mentally -defective, forming 30 per cent. of the whole, were excluded from the -operation of the Act owing to the fact that the mental defect from -which they were suffering, <i>e.g.</i>, senility, alcoholism, arose from -causes operating later in life. Again, of the number of prisoners whose -mental defect was regarded as of congenital origin, 77 per cent. were -over 25 years of age, thus making it difficult to obtain proof of the -existence of the defect from early age, without which a certificate -cannot be given.</p> - -<p>But the Mental Deficiency Act, limited as it is in its scope, and -disappointing in its results, is a pioneer piece of legislation of -considerable importance. Many Voluntary Associations and other bodies -in this country interested in its administration are advocating an -extension of its provisions, and I think we can anticipate with every -confidence the time, to which the prison reformer has so long looked -forward, when those unhappy persons, who through mental affliction -drift inevitably into criminal courses, are removed from prison -surroundings to the more appropriate atmosphere of institutions where -they can remain under proper care and control.</p> - -<p>The operation of the Mental Deficiency Act, 1913, and the discharge -from Naval and Military Hospitals of numbers of men suffering from -mental and physical disabilities arising out of the war, have -accentuated the already growing interest shown by Justices, and others -engaged in the administration of the Criminal Law, as to whether the -means hitherto taken for dealing with persons committing offences -are the best and most humane which could be adopted. The opinion has -been growing in intensity for some years that mental and physical -disabilities may largely contribute to the commission of crime, and -that it is the duty of the community to investigate<span class="pagenum"><a name="Page_194" id="Page_194">[Pg 194]</a></span> thoroughly such -causes, when they exist, to determine whether they are beyond the -ability of the individual to control, whether they do not limit wholly, -or in part, the responsibility for the commission of the offence, and -to what extent they should be taken into account in determining the -question of punishment: and whether some form of <i>treatment</i>, rather -than <i>punishment</i>, by imprisonment, cannot be devised, which shall be -more scientific, efficacious and humane.</p> - -<p>The Justices of the City of Birmingham, early in 1919, took action and -approached the Prison Commissioners in the matter and asked that a -whole-time Medical Officer might be appointed to the Prison, and that -portions of the hospitals, on both the male and female side, might be -entirely partitioned off from the rest of the Prison and adapted for -the reception of persons on remand whose mental condition appeared such -as to require investigation.</p> - -<p>Effect has been given to the recommendations of the Justices and, -at the time of writing, the scheme has been in operation for some -12 months with valuable results. The Medical Officer of the Prison -works in the closest co-operation with the Justices and no person, -in whose case there is any suspected mental element, is sentenced to -imprisonment until after full investigation of his condition of mind -and all other avenues of dealing with the case have been exploited. The -"Birmingham" experiment, as it is termed, has aroused great interest -throughout the country and an extention to other centres, in a modified -form, has already resulted.</p> - -<p>The institution of the Borstal System has given a new and additional -importance to the rôle of the Medical Officer, who plays an important -part in the daily administration of these Institutions. From the -medical point of view, the system commends itself more particularly -by its insistence on the influences which promote sound physical -development. Special inquiries made by the Medical Staff in 1903 -and 1907 furnish positive proof of the physical inferiority of the -adolescent criminal, 16-21, relatively to the free population, notably -in height and weight. These inquiries furnish a striking argument in -favour of the soundness of the<span class="pagenum"><a name="Page_195" id="Page_195">[Pg 195]</a></span> principles on which the Borstal System, -as explained in a previous chapter, has been established.</p> - -<p>The foregoing observations merely indicate generally the direction -in which the manifold activities of the Medical Prison Service are -exercised. I have laid stress on the part played in the discernment -and investigation of mental disorder. That the question of guilt is -identical with the question of mental soundness is a commonplace -not only with those who seek to analyse by scientific inquiry the -mysterious and subtle working of the human mind, but with those who, -working in the name of humanity, are forced by personal observation, -unaided by science, to the conclusion that many whom the law strikes -are not fully responsible for their actions, and are not justly -punished. In the United States of America, where science and humanity -march hand-in-hand in exploring prisons and places of punishment, and -in surveying the whole field of crime, we find that practical steps -have been taken by the establishment of criminal laboratories, as -at Chicago and Boston, to classify offenders, especially the young, -according to the nature and degree of their mental capacity for -distinguishing right from wrong. There is nothing so elaborate as -this in England, but this is not because public opinion is not keenly -alive to the importance of the medical aspect of cases, but because -it would not be disposed to admit that the causes of a criminal act -are discoverable by physical observation, or by the precise research -of a criminal or clinical laboratory. It would be the duty, and the -pride, of any civilized State to maintain a high standard of medical -work in Prisons: it is a question whether the establishment of criminal -laboratories does more than illustrate the practical benefits to be -derived from good and thorough medical work in prisons, and whether -experimental psychology, with its instruments of precision for testing -the human mind, is a really effective auxiliary for the Court of Law -in deciding guilt. It may be of value, as a supplementary aid to such -diagnosis as a conscientious Medical Officer would apply, and it could -be used as a means to support and justify opinion, but it cannot, by -itself, be a substitute for other methods<span class="pagenum"><a name="Page_196" id="Page_196">[Pg 196]</a></span> of observation. Though -public opinion in England is increasingly sensitive to degrees of -responsibility, as affecting punishment of crime, it would be more -disposed to place its faith in a medical man having experience of -mental disease than in the conclusions drawn from the employment of the -precise methods of experimental psychology alone. It is disposed to -take the view expressed by no less an authority than Dr. Binet, which -is to the effect that the complex phenomena of human action cannot -be expressed in a few terse formulas,—"<i>c'est de la littérature: ce -n'est pas de la science</i>." He inclines to the view that the essential -characteristic of normal man is in the <i>direction</i> of choice. The want -of direction is due to a disordered <i>moral</i> nature. Of this moral -degeneracy little is known. The subjective valuation of the alienist -cannot in practical life be the test of responsibility—the Judge, as -representing 'common sense,' must decide.</p> - -<p>At the same time, it recognizes the enormous value of preventive -medicine in relation to the detection of mental disorder in its -earliest stages. Sir George Newman, in his recent work "An Outline of -the Practice of Preventive Medicine" lays great stress upon this point. -He states: "Here, as elsewhere, we must seek to begin at the beginning. -An understanding of eugenic principles and practice, a new aptitude -and alertness in the physician, a new type of clinic, special hospital -and institution—"early treatment centres"—a system of "voluntary -boarders" in approved homes and institutions, a wider education of -the public in what causes and constitutes mental incapacity, a larger -apprehension of the meaning of self-control—all this is necessary -if we would prevent mental disease. It is obvious that such a policy -raises many questions of science, law and administration. But the -experience of the war and of our colleagues in America (at the Phipps -clinic at Baltimore and the psychiatric hospital at Boston) all points -in one direction, namely, the practicability of establishing suitable -psychiatric clinics in this country for dealing with early cases of -mental and nervous disorder."</p> - -<p>In order that the whole-time staff of the prison medical<span class="pagenum"><a name="Page_197" id="Page_197">[Pg 197]</a></span> service -should be kept fully acquainted with modern developments in medicine -and surgery, a system of "study-leave" was inaugurated in 1909, whereby -a certain number each year take up a post-graduate course at the -large hospitals. Special leave is allowed for the purpose, and the -Commissioners pay the fees. Each officer chooses his own course of -study, subject to the approval of the Medical Commissioner, due regard -being paid to the special requirements of the prison service.</p> - -<p>The nursing of sick prisoners is carried out by officers of the -hospital staff, except in the smaller prisons where, for the present, -outside nurses are engaged. The male officers are selected from -candidates who have had nursing experience in the Royal Army Medical -Corps or in Institutions, and they undergo a course of training in -prison nursing and hospital duties at the invalid convict station at -Parkhurst, Isle of Wight, before appointment to the hospital staff. As -regards the female officers, these have, in the past, been officers -trained in the larger female prison hospitals, but the question -of securing more fully trained nurses for female prisons is now -under consideration. With this object in view, a Voluntary Advisory -Nursing Board has been established consisting, for the most part, -of distinguished members of the medical and nursing professions to -advise the Commissioners in formulating a scheme for a prison nursing -scheme, and the Board will, it is hoped, be a useful auxiliary to the -administration for this purpose in the future.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_198" id="Page_198">[Pg 198]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_XVI" id="CHAPTER_XVI">CHAPTER XVI.</a></p> - -<p class="center">A CRIMINOLOGICAL INQUIRY IN ENGLISH PRISONS.</p> - - -<p>An attempt has lately been made in this country to apply scientific -method to the study of criminal man. A vast amount of data relating -to the personal condition, social estate, and penal histories of -"convicts" (<i>i.e.</i>, men sentenced to penal servitude for three -years and upwards) has been co-ordinated and amplified by physical -measurements, by details of personal and family history, and by -description of physical and mental qualities. An examination in respect -of all or some of these points of 3,000 men, taken without selection -from those undergoing penal servitude in English Convict Prisons, has -formed the basis of this inquiry.</p> - -<p>Of this large number of sets of observations, which were made by -the Medical Officers of the Convict Prisons, Dr. Goring contributed -considerably more than half, and to him was entrusted the onerous -task of tabulating the material of the whole. With the assistance and -advice of Professor Karl Pearson, Dr. Goring was enabled to carry out -this work which he has achieved with remarkable patience and ability. -The main intention of this investigation at the outset was to obtain -accurate information whereby the many hypotheses advanced by different -schools of criminology, and especially the Italian Schools, might -be confirmed or refuted. But the scope of the work grew, perhaps -inevitably, beyond its original purpose, and now includes not only an -analysis of the physical and mental condition of convicts, but also -many data for speculations on very difficult and contentious questions -as to the relative influence of "heredity,"<span class="pagenum"><a name="Page_199" id="Page_199">[Pg 199]</a></span> "environment," &c., on the -genesis of 'criminals' generally.</p> - -<p>Dr. Goring's complete and elaborate Report, entitled "The English -Convict—a Statistical Study," has been published by the Government -in an official Blue-Book. It appears now as Dr. Goring's own work, -carried out by a special method, and the conclusions arrived at are his -own. I do not propose to attempt to criticise either his method or his -conclusions, being aware that such an attempt would involve discussion -of some matters on which there is much difference of scientific opinion.</p> - -<p>This work is, as far as I know, the first essay made in any country to -arrive at results on criminology by the strict application of what is -known as the biometrical method of statistical treatment of recorded -observations. Whatever its merits or demerits may be, it at least marks -an epoch in the history of criminological studies. In the pages which -follow, I endeavour to present in a more simple and popular form, and, -as far as possible, in his own words, an abstract of Dr. Goring's -views, and of the results to which his general inquiry has led him. -Students of Criminology must turn to the original volume itself for a -detailed exposition of the whole case which the author so ably presents.</p> - -<p>The postulate of the "Positive" School, with which the name of the -celebrated Professor Lombroso will always be associated, is that crime -or criminality is a morbid or pathological state akin to disease, -or, in other words, an abnormal state, due to certain physical -or mental defects, made manifest by certain stigmata or "<i>tares -physiologiques</i>"—the result either of inherited defect or reversion -to atavistic type, or in short, that there is "a criminal type" -<i>i.e.</i>, a race of beings predestined to criminal acts, against whom -any system of punishment would be futile, as by nature such beings -would not be amenable to the deterrent influences of penal law. This -theory—of which the logical result would be either elimination of the -unfit, or the translation into the province of medicine of all legal -procedure—has failed to command general assent or approval. Like all -half-truths, it is extremely dangerous, for it is, of course, the<span class="pagenum"><a name="Page_200" id="Page_200">[Pg 200]</a></span> -fact that morbid conditions are associated, to a certain degree, with -crime, and, like all sensational dogmas, based on untested observation, -it affected the public imagination, prone to believe that the criminal -is a sort of "bogey-man"—the stealthy enemy of peaceful persons, ever -ready to leap in the dark. This uneasy feeling encouraged the idea -that the criminal was a class by himself—an abnormal being, the child -of darkness, without pity and without shame, and with the predatory -instincts of a wild beast. Thus gradually the common belief has taken -root that there is a criminal type, and that it is persons of this -particular brand or species who commit crime, and go to Prison. This -belief is what Dr. Goring calls the great "superstition" of the day, -which stands in the way of Prison reform, which darkens counsel in -dealing with crime, which renders rehabilitation difficult, and which -stifles and discourages the zeal of the philanthropist, to whom the -"criminal" is a man of like passions with himself, and amenable to the -same influences; and not predestined to crime and anti-social conduct, -from which no human effort could save him.</p> - -<p>The peculiarity of the Lombrosian doctrine was in the attempt made -by it to "stamp a preconceived idea with the hall-mark of science; -to support an <i>à priori</i> conception of 'abnormality' by an alleged -scientific method of investigation;" but the methods of Lombroso -were scientific only in name. He sought to solve those infinite and -delicate relations which exist in all human or social conditions -by <i>observation</i> alone. He brought much acumen, a great diligence, -and imagination to the examination of the subject, but his field of -observation was limited. If criminality were a morbid state, with signs -comparable to those of disease, observation alone would suffice; but, -in fact, there are no characteristics, physical or mental, peculiar -to criminals, which are not shared by all people. It is common to -speak of poverty, drink, neglect, &c., as the "causes" of crime; but -such a causation can only be established by the statistical method of -averaging large numbers, with the view of proving that the tendency -to anti-social conduct<span class="pagenum"><a name="Page_201" id="Page_201">[Pg 201]</a></span> is, in fact, associated with the personal, -economic, and social condition of an individual. "The science of -statistics," says Dr. Goring, "is essentially a science of method; -and, as applied to criminal man, it may be described as a system of -methods whereby comparison, based on a strict anthropometrical survey -of the different sets of individuals, may be effective in providing -legitimate, simple, and intelligible description of the criminal, and -of crime, and of the fundamental inter-relationships of criminality."</p> - -<p>The author of the work approaches his inquiry with an open mind -regarding the common <i>à priori</i> belief that all men are morally and -mentally equal, in the absence of definite pathological cause. This -belief is common to all ages. In early days, anti-social conduct was -regarded as a sin against the light, <i>i.e.</i>, against the teaching of -religion and the word of God. The punishment of crime was, therefore, -an affair for the ecclesiastical tribunals. The distinction between -sin and crime evolved but slowly, and the lay punishments of the -Classical Schools were largely affected by the religious law. Later, -the anti-social man was regarded as a pathological product—the victim -of disease; and it is one of the fashions of to-day to regard him as 'a -social product'—the victim of adverse social environment.</p> - -<p>All these conceptions are regarded as due to a fixed conventional -idea that there was a 'normal' man, who led a good life, and an -'abnormal' man who led a bad life, and this misconception is held to -have stood in the way of a scientific view of the nature of criminal -man. "Scientifically," according to Dr. Goring, "we can only divide men -into 'normal' and 'abnormal' when there is some qualitative difference. -'Normal' is the outcome of the natural laws of existence. This becomes -'abnormal' only when supplanted by some pathological process. Normal -never 'merges' into the abnormal, <i>e.g.</i>, the natural ranges of -vesicular breathing, of normal temperature, of folly, and want of -control, never merge into the morbid ranges of pneumonic breathing, -fevers and madness. The qualities that have to be considered in -relation to crime are not 'abnormal' qualities, but<span class="pagenum"><a name="Page_202" id="Page_202">[Pg 202]</a></span> qualities common -to all humanity. Law-breakers are not a special breed of human beings -differing <i>qualitatively</i> from those who keep the law: any difference -there may be between these two human classes is of degree only and -not of kind: and, similarly, law-breaking is not different in quality -from all other forms of anti-social conduct for which men are not -punished, even if they are found out: yet here again there is a vast -range of difference in <i>degree</i>. And that is why statistical methods -are necessary for the scientific study of the criminal. For only by -measurement can difference of degree be evaluated; and statistics is -merely a refined instrument for making measurements."</p> - -<p>The word 'criminal,' strictly-speaking, only designates the fact that -an individual has been imprisoned: that he has committed a crime. The -object of this inquiry is to determine whether certain constitutional, -as well as environmental, factors play a part in the production of the -criminal act. It is impossible to state dogmatically <i>à priori</i> what -these factors are, or which of them prevail in the determination of -a given act, but it is lawful to assume from the phenomenon of crime -that there is a hypothetical character of some kind, a constitutional -proclivity, either mental, moral or physical, present, to a certain -degree, in all individuals, but so potent in some as to determine for -them the fate of imprisonment.</p> - -<p>This hypothetical character which, in the absence of a better term, -Dr. Goring provisionally calls "the criminal diathesis," is described -as a "normal" character, possessed to some extent by all normal people -whose differences are of degree only, and not of kind. It is a highly -complex unanalysable character which, founded upon, and resulting -from, a combination of qualities, some, perhaps inconceivably minute, -is best described as a "make-up" comparable to the domesticated or -wild "make-up" amongst animals, or to the human "make-up" whereby the -sociable being is distinguished from the recluse. Nobody would suppose -the gregarious tendency, or the impulse to lead a solitary existence, -to be a simple primary quality—a so-called unit character—peculiar -to the category it represents; and, similarly, criminality is not<span class="pagenum"><a name="Page_203" id="Page_203">[Pg 203]</a></span> a -simple heritable entity—a primary instinct to evil, for instance, as -Lombroso imagined it to be: it is rather a resultant quality springing -from many social and anti-social tendencies, which together form the -criminal or non-criminal "make-up" called the "criminal diathesis." -It is the degree to which a man is thus "made-up" as a criminal or -non-criminal which determines eventually the fate of imprisonment: -consequently, the intensity of criminal diathesis is measured by -conviction or non-conviction, and by frequency of conviction for crime; -and the main object of this inquiry has been to find out the extent to -which this "criminal diathesis," as measured by criminal records, is -associated with environment, training, stock, and with the physical -attributes of the criminal. To this examination, the "biometric" -method, under the guidance of its distinguished exponent Professor Karl -Pearson, has been applied.</p> - -<p>Although only those gifted with high mathematical powers could have -originated the minute and abstruse symbolical reasoning at the source -of the methods whereby the inter-relationship of these phenomena have -been measured and calculated, yet the application of these methods, -and of the formulæ which have now been provided, are open to any -intelligent worker who has knowledge of arithmetic and of simple -mathematics, and the computer's zeal for precision and accuracy. If the -results do not command general acceptance, they are fruitful of new -ideas, which, by further elaboration, may possibly furnish more light -on the problem of crime, and may aid in the direction of administrative -methods. At least they furnish an extraordinary example of what -industry, and skill, and research, can accomplish in a domain where -science, in the past, has asserted itself but slightly.</p> - -<p>The question of the existence of a criminal type is regarded as -essentially anthropometrical, <i>i.e.</i>, it can only be solved by the -statistical analysis of a large series of measurements. Anthropometry -has, of course, been used as an instrument by criminologists, but its -strict application demands more than the crude contrast of mean values -which is the most that has been hitherto attempted: in addition to -the means, it insists that<span class="pagenum"><a name="Page_204" id="Page_204">[Pg 204]</a></span> probable errors should be also calculated -and recorded; that a measure of the variability of each series of -measurements should be obtained; and that, in every case, effects upon -measurement due to differentiation in age, stature, intelligence, -&c., of the contrasted populations under measurement should be also -estimated and allowed for.</p> - -<p>Having, by means of a comparison with regard to thirty-seven -representative physical attributes of criminals, distinguished (1) -by their conviction for different orders of crime, <i>e.g.</i>, thefts, -assault, arson, sexual offences, and frauds, (2) by their frequency of -reconviction, and (3) by the length of their imprisonment, established -the conclusion that criminals are not physically differentiated -because they are criminals, but because of difference in age, stature, -intelligence, &c., our author proceeds to a comparison between -statistics of criminals, as a class, and of the non-criminal public. -The absence of any comparative data with regard to many of the physical -characters of the law-abiding classes is, of course, fatal to any -precise demonstration, but a comparison of the head-length, -breadth, --height, -index, and -circumference in convicts is made with similar -statistics of a set of undergraduates of Oxford, Cambridge, and -Aberdeen Universities, and of the London University College Staff, -with the result that prison inmates, as a whole, approximate closer -in head-measurement to the Universities generally than do students of -different Universities conform with each other in this regard, and -that from a knowledge only of an undergraduate's cephalic measurement, -a better judgment could be given as to whether he were studying at an -English or Scottish University, than a prediction could be made whether -he would eventually become a University Professor, or a convicted felon.</p> - -<p>Similar comparison with the general Hospital population and with -soldiers (118 non-commissioned officers, and men of the Royal -Engineers) establishes a similar conclusion that, so far as -head-measurements are concerned, the criminal, and the hospital -patient, and the soldier cannot be differentiated.</p> - -<p>Next, comparison with some seventeenth century<span class="pagenum"><a name="Page_205" id="Page_205">[Pg 205]</a></span> skulls, recently -discovered while excavations were being made in Whitechapel, leads to -the interesting conclusion that there is a close agreement between -correlation values obtained from measurements of English skulls -300 years old, and those calculated from the cephalic-diameters of -English convicts alive to-day. And a detailed comparative analysis of -head-length and -breadth statistics brings against a current theory, -respecting the anomalous conformation of the criminal's head, the -following fact: that amongst 200 criminals, the head of only one will -be genuinely anomalous—a proportion less than has been found amongst -Scottish insane people, and probably much the same as would be found in -any section of the law-abiding healthy community.</p> - -<p>Comparison with respect to hair and eye colour, nose conformation, -deafness, left-handedness, tattooing, of such data as are available, -illustrates the absence of any marked peculiarity in the case -of criminals, and, lastly, a comparison of the head-contours of -800 convicts with those of 118 Royal Engineers, according to a -plan invented by Professor Pearson for comparing skull-contours, -demonstrates with great precision that, so far from criminals as -a class being differentiated or stigmatized by low and receding -foreheads, by projecting occiputs, by asymmetry, and by sugar-loaf, -dome-shaped, and other peculiar forms of heads, the agreement between -the contrasted types is so remarkable, and the differences so trifling, -that at least in this respect no ground can be said to exist for -the popular belief that criminal tendency can be inferred from the -shape of a man's head. From all these comparisons, pursued strictly -according to the biometric method of which I have only attempted to -give the outline, Dr. Goring draws his conclusion that "no evidence has -emerged confirming the existence of a physical criminal type, such as -Lombroso and his disciples have described. The data show that physical -differences exist between different kinds of criminals, precisely as -they exist between different kinds of law-abiding people. But, when -allowance is made for a certain range of probable variation, and when -they are reduced to a common standard of age, stature, intelligence, -class,<span class="pagenum"><a name="Page_206" id="Page_206">[Pg 206]</a></span> &c., these differences tend entirely to disappear. The results -nowhere confirm the evidence, nor justify the allegations, of criminal -anthropologists. They challenge their evidence at almost every point. -In fact, both with regard to measurements and the presence of physical -anomalies in criminals, the statistics present a startling conformity -with similar statistics of the law-abiding classes. The final -conclusion we are bound to accept until further evidence, in the train -of long series of statistics, may compel us to reject or to modify an -apparent certainty—our inevitable conclusion must be that <i>there is no -such thing as a physical criminal type</i>."</p> - -<p>But although no physical type peculiar to criminals can be -demonstrated, certain physical differences in criminals have emerged, -and it is in the examination of these differences that Dr. Goring -attempts to establish a theory of criminality more simple and -reasonable than that which refers them to the presence of a definite -criminal type. From a comparison of the stature and weight of the -general population, published in 1882 by the British Association for -the Advancement of Science, he shows that, (apart from differences -due to class differentiation,) in physique, as measured by stature -and weight, criminals, with the exception of those convicted of -fraud, are markedly differentiated from the non-criminal sections -of the community. This physical inferiority, however, must not be -associated with any condition of degeneracy, atavism, or other defect, -mental or physical, originating spontaneously, but all the evidence -points to the truth of the theory that these bodily conditions are -"selective factors" determining, to some extent, conviction for crime. -It may be imagined that as good physique determines occupation, so a -bad physique predisposes to a criminal career. It also facilitates -arrest by the Police, and apprehensions are considerably fewer than -offences committed. It is, too, generally observed that persons of -good physique are less irascible and prone to violence, and the case -of the incendiary would show that a weakly man has recourse to a mean -act from motives of revenge, not being capable of an act requiring -physical force. "Fraudulents," it is true, are not selected<span class="pagenum"><a name="Page_207" id="Page_207">[Pg 207]</a></span> for -crime, for they resemble, in weight and stature, the law-abiding -public; but they are an exceptional case, which, while destructive -of a theory of degeneracy, is not necessarily inimical to the theory -that physique selects crime. Dr. Goring does not deny that there is a -possibility that this physical inferiority may tend to become an inbred -characteristic of the criminal classes, the convicted fathers having -sons who inherit their diminutive stature, and thus, in course of time, -an inbred differentiation of the criminal classes might result. That -this may be so is illustrated by statistics, which show that industrial -and reformatory school children are consistently on the average one -inch shorter in stature, and several pounds less in weight, than any -other class of school-children of the same age in the United Kingdom. -Nothing more than this can be conceded to the Lombrosian School. The -only fact at the basis of criminal anthropology is that thieves, -and burglars, and incendiaries (<i>i.e.</i>, about 90 per cent. of all -criminals) are markedly differentiated from the general population in -stature and body-weight. There is no other scientific foundation than -this for the extravagant doctrines of the "Positive" School.</p> - -<p>It is also held by Dr. Goring that there is no such thing as a "mental -criminal type." It is not denied that marked unlikeness of mental -characters exists between criminal groups, as it does between different -sections of the law-abiding community; but the point emphasised is -that this unlikeness is associated not with a differentiation in -criminal tendency, but with the criminal's differentiation in general -intelligence or mental capacity, which, according to the nature of -his crime, varies enormously: <i>e.g.</i>, the percentage of actual mental -defectives convicted of stack-firing is 53, of rape 16, of stealing 11, -of manslaughter 5, whereas amongst persons convicted of embezzlement, -forgery, and other forms of fraud, the percentage is practically zero. -The recent Commission on the Care and Control of the Feeble-minded, -from an enumeration of defectives in sixteen representative districts -of the British Isles, estimated that ·46 per cent. of the whole -population of England and Wales are mentally defective; a similar -enumeration in prisons, casual wards,<span class="pagenum"><a name="Page_208" id="Page_208">[Pg 208]</a></span> shelters, etc., revealed -10·28 per cent. of mental defects. Dr. Goring contends that it is -clear from this that criminals, as well as showing wide differences -amongst themselves, are also, as a class, highly differentiated in -mental capacity from the law-abiding classes. Mental defectives, it -is argued, unlike the insane and pathological imbeciles, are not a -special class of human beings, and they are chiefly distinguished from -other normal persons by their low level of general intelligence. The -term mental deficiency, as applied to convicts, as well as connoting -a mind of inferior capacity, in many cases implies also an unbalanced -mind, <i>i.e.</i>, a mind whose equilibrium is easily disturbed by the -preponderance of extreme degrees of objectionable and dangerous -qualities, such as impulsiveness, excitability, passionate temper, &c. -These qualities are held to be not "morbid" but "natural," being shared -in some degree by persons of all mental grades. The measure of general -intelligence among criminals bears also a striking relation to their -occupational class. Thus, if we examine, say, 1,000 cases of conviction -for crime, we should find that the percentage of mentally defective -criminals varied from 6 to 35, accordingly as the offender belonged -to the professional, commercial, artizan, or labouring class,—the -actual percentages for all crime in each class being 6, 15, 26, and 35, -respectively. Probably, in the opinion of Dr. Goring, the chief source -of the high relationship between weak-mindedness and crime resides in -the fact that the criminal thing, which we call "criminality," and -which leads to the perpetration of many, if not most, anti-social -offences to-day, is not <i>inherent wickedness</i>, but natural stupidity. -The striking characteristic of 90 per cent. of offences is their -incredible stupidity, and, moreover, it is probable that the commonly -alleged causes of crime, such as alcoholism and epilepsy, are not more -than accidental associations with crime, themselves depending upon -the high degree of relationship which is admitted to exist between -defective intelligence and crime.</p> - -<p>So far then, the conclusion is that English criminals are selected by a -physical condition and by a mental constitution which are independent -of each other: that<span class="pagenum"><a name="Page_209" id="Page_209">[Pg 209]</a></span> the one significant physical association with -criminality is a generally defective physique, and that the one vital, -mental constitutional factor in the etiology of crime is defective -intelligence.</p> - -<p>The question of the respective influence of heredity and environment is -next considered by Dr Goring. The family histories of 1,500 convicts -are examined, and two important relations are demonstrated (1) that -the percentage of criminal offspring increases progressively according -to whether neither parents, the mother only, the father only, or both -parents are criminal: (2) that the percentage of criminal offspring -becomes steadily greater as the age of the children increases from -14 to 23. With regard to age, the interesting fact results that the -mean age of criminal enlistment is 22, with a deviation of nine years; -and 14 to 32 may be regarded as the age when the chance of inherited -criminal disposition is most likely to reveal itself—the modal age at -first conviction is about 19.</p> - -<p>It appears also that the probabilities of conviction are greatly -increased when a brother has been convicted, and the greatest intensity -of the fraternal, as well as of the paternal association, occurs in -families tainted by the crimes of stealing and burglary, <i>i.e.</i>, the -taint of habitual and professional criminality. But though the tendency -for crime to recur in families already criminally tainted is an -indisputable statistical fact, it is not in itself a fact of heredity. -It may be due to contagion within the corrupted home into which a -criminal is born. The solution of the question as to which of the two -influences, heredity or contagion, is predominant, cannot be determined -by observation alone—there are numberless instances pointing one way -or the other—it can only be determined by a statistical examination -of family statistics, where the possible influence of each factor has -been eliminated. The high degree of association between criminality -in husband and wife would, at first sight, seem to furnish proof of -the influence of contagion, it being a relation where heredity can -be eliminated, but when it can be shown that every other married -female criminal is the wife of a criminal husband, and that four out -of every<span class="pagenum"><a name="Page_210" id="Page_210">[Pg 210]</a></span> five alcoholic wives have alcoholic husbands, the theory -of contagion gives way to a theory of 'associative or selective' -mating among criminals, due to the universal tendency prevailing in -every department of life, of like to mate with like. So again, if we -eliminate contagion, <i>i.e.</i>, if we examine crimes in the perpetration -of which parental example would not play an important part, such as -arson, damage, or sexual offences, the parental correlation is found to -be greater than in stealing or burglary, when the influence of parental -example would be likely to have most effect. The result arrived at is -that the criminal diathesis, revealed by the tendency to be convicted -and imprisoned for crime, is inherited at much the same rate as are -other physical and mental qualities and pathological conditions in -man, and that the influence of parental contagion is, on the whole, -inconsiderable, relatively to the influence of inheritance, and of -mental defectiveness, which are by far the most significant factors -discovered in the etiology of crime.</p> - -<p>Other environmental factors which are commonly alleged as the 'causes' -of crime, <i>e.g.</i>, illiteracy, alcoholism, poverty, etc., are examined -statistically, so far as the data at the disposal of the author furnish -ground for valid scientific conclusion.</p> - -<p>These alleged causes are, in reality, nothing more than the -co-existence of associated phenomena, and until such association is -analysed by statistical methods, causation, in the strict scientific -sense, cannot be demonstrated. Thus, to take a general instance: -poverty and illiteracy are often described as the 'causes' of crime, -but as more than a third of the population of Great Britain belongs -to the class of general labourers, who are presumably both poor and -illiterate, such a statement can mean no more than that there is a -more frequent association of criminal acts with persons living on a -low rather than on a high economic scale. The exact numerical measure -of the association can only be obtained by elaborate statistical -comparison, the data for which are not in existence.</p> - -<p>As a matter of fact, a statistical comparison of the penal records -of convicts reveals the startling fact that if there be any relation -between a convict's education and<span class="pagenum"><a name="Page_211" id="Page_211">[Pg 211]</a></span> the frequency of his convictions for -crime, it is that those who have received no schooling are the least -frequently convicted, and that the worst penal records are of those -who have passed through reformatory and industrial schools. Again, if -we take alcoholism—it is the fact that deaths from alcoholism are -twice as frequent among prisoners as in the general population (26 per -1,000 as against 12 per 1,000), from which it might be inferred that -alcoholism is specially associated with the committing of crime. But -the incidence of two statistical facts does not, of itself, determine -which of the two is antecedent to the other. Does the alcoholist tend -to become criminal, or the criminal tend to become alcoholic? Or is the -relation of alcoholism to crime due to the fact that both have a common -antecedent in defective intelligence? The employment of the correlative -tables would seem to point conclusively to the fact that this -antecedent is defective intelligence. If a comparison is made of the -mean degrees of intelligence of alcoholic and temperate convicts, it -appears that there is a pronounced differentiation of intelligence in -favour of the latter, and that the mental grade of alcoholic convicts -is lower by a half than that of alcoholics in the general population. -Apart from offences connected with personal violence, where there is -a direct association with inebriety, alcoholism cannot strictly be -regarded as a cause of crime, and the general conclusion would seem -to be that adverse environment is related much more intimately to the -intelligence of convicts than it is to the nature of their crimes, or -to the degree of their recidivism. Again, if we examine the relation -of occupation to criminality, it appears that crime is related much -more closely to the opportunity which a particular occupation offers -than to the economic scale of living which it suggests: thus, sailors, -miners, and labourers are relatively free from association with the -acquisitive offences, for which, from the special facilities afforded -by their occupation, clerks, shop-keepers, and persons engaged in -commerce are disproportionately selected; and this proclivity to fraud -in all its forms is distributed equally through all these classes, the -professional and the upper classes providing nearly their propor<span class="pagenum"><a name="Page_212" id="Page_212">[Pg 212]</a></span>tional -share of thieves. Four per cent. of persons in the general population -belong to the professional classes: the number of convicted thieves -belonging to this class is three per cent. As ninety-five per cent. of -all offences are of an acquisitive kind, it is difficult to sustain the -point that poverty is a cause of crime.</p> - -<p>Dr. Goring is led to the conclusion that there is not any significant -relationship between crime and what are popularly believed to be its -"causes", and that crime is only to a trifling extent the product of -social inequalities or adverse environment, and that there are no -physical, mental, or moral characteristics peculiar to the inmates -of English Prisons: that one of the principal determinants of crime -is "mental defectiveness," and as this is a heritable condition, the -genesis of crime must to this extent be influenced by heredity.</p> - -<p>Putting aside the part played by the different circumstances affecting -criminal man, biologically and otherwise, and without subscribing to -the different views and doctrines which, in the opinion of the author, -result from the inquiry, the broad and general truth which appears from -this mass of figures and calculations is that the "criminal" man is, -to a large extent, a "defective" man, either physically or mentally, -or, is unable to acquire the complex characters which are essential -to the average man and so is prone to follow the line of least -resistance. This truth may not be new or startling. It is advanced now -by Dr. Goring as a truth which is scientifically demonstrable and so -commanding respect and possessing a value which would not belong to -statements based on purely empirical observation. This result may be -regarded as modest and even disproportionate to the labour involved, -but it is worthy of attainment, for much is gained everywhere and -especially in the realm of penology, when definite ideas as to the -nature of the problems dealt with are substituted for vague notions, -or even illusions, as to the nature of the criminal: notions which, in -the absence of detached and scientific inquiry, undertaken, as this has -been, from a single-minded desire to search out what is true, may have -their origin in two quite contrary sources, <i>viz.</i>: an undue pity for -the<span class="pagenum"><a name="Page_213" id="Page_213">[Pg 213]</a></span> offender or an undue desire to be revenged on him.</p> - -<p>Quite apart from general incapacity to live up to the required social -level which brings them within the meshes of the criminal law, Dr. -Goring even suggests that the physical aptitude of evading the police -may affect statistics, and the fact is that the weaker and not the -stronger man is "run in," although the "criminal diathesis" may be -equally strong in each. In any case his conclusion on this point is -very emphatic, <i>viz.</i>: that English criminals are selected by their -physical condition, and that the one significant physical association -with criminality is a generally defective physique; and that the -one vital mental constitutional factor in the etiology of crime is -defective intelligence.</p> - -<p>This general theory of defectiveness as a general attribute of -criminality may be regarded by some as confirmed by the fact that -persons convicted of crime are mainly drawn from the lowest social -scale; and it is plausible to infer that physical and mental -inferiority is allied to a low economic scale of living. This theory, -however, must not be pressed so far as to affect the liability to -punishment of the offender for his act. Penal law is, through its -prohibitions, the expression of the social standard of life in the -country. Where that standard is high, there must be a residuum of -individuals whose mental and physical state does not enable them to -live up to that standard. They fall below it through constitutional -incapacity, which manifests itself in weakness of will and power of -resistance. This inquiry goes to show that it may be predicated that -with regard to the great mass of offenders coming within the meshes -of the criminal law, this <i>defectiveness</i>, in its economic sense, -is a predisposing cause, and has no necessary relation to definite -physical or mental disease. It is a relative term only, relative to a -high standard of social requirement to maintain which the law exists. -Penal law, wisely and humanely administered, as in a highly civilized -State, should apply its sanctions only with regard to the varying -characters and capacities of those who come before the Courts. In -other words, punishment must be individualized. The tendency towards -the individualization of<span class="pagenum"><a name="Page_214" id="Page_214">[Pg 214]</a></span> punishment is making marked progress in all -the countries of the world, and nowhere more than in this country. In -addition to the absolute discretion vested in the Courts and Tribunals, -there is a careful classification for purposes of prison treatment, the -object of which is to adapt, as far as practicable, the nature of the -punishment to the character and antecedents of the offender. Although, -therefore, the fact brought out by the inquiry that, on the average, -the English prisoner is defective in physique and mental capacity, -would seem to call in question the whole responsibility of any person -guilty of an anti-social act, yet, if fully and properly understood, -it does not mean more than that in a perfect world where the faculties -of each would be fully and highly developed, the problem of punishment -would not exist; and it would be a cause of rejoicing if the crime -of the country could be demonstrated by statistical methods to be -the result, not of a general perversity pervading all classes, but a -tendency only on the part of persons living on a low economic scale to -fail, on account of physical or mental defectiveness, to conform to the -restraints of the criminal law. I regard this as a fair and reasonable -explanation of crime generally in this country. It is, at least, an -explanation which must fortify and stimulate all those who desire -that there shall be fewer persons suffering from those incapacities -which predispose to crime, or that, where incapacity is obvious and -can be defined, special steps shall be taken not to expose such a -person without care or oversight to the conditions of free life, which -are likely to be not only ruinous to himself, but dangerous to the -community.</p> - -<p>It is satisfactory to note that incidentally to its general purpose, -the inquiry (1) confirms the idea to which practical effect has been -given in recent years by the institution of the Borstal system that -the effective way of dealing with crime is to attack those between -the ages of 16 and 21, which is shown to be the probable age for -enlistment in the criminal brigade, (2) it demonstrates by statistical -method that imprisonment does not have the adverse physical and mental -results which are often alleged, (3) it confirms the opinion held of -the necessity<span class="pagenum"><a name="Page_215" id="Page_215">[Pg 215]</a></span> for better care being needed for the mental defective, -and (4) it shows that it is by consideration of the individual men and -women who make up the criminal population that the best solution of the -criminal problem is to be found.</p> - -<p>Those who agree with the opinion of Dr. Goring that the principal -determinant in crime is mental deficiency will be encouraged by the -passing of the Mental Deficiency Act, 1913, in the belief that this -important measure constitutes a great step forward in the rational and -scientific treatment of the criminal problem.</p> - -<p>However much opinion may differ as to the exact proportion borne -by heredity and environment, respectively, in the formation of the -criminal character, whether any or no predominant part can be ascribed, -as by Dr. Goring, to mental defectiveness, the fact remains and is -known to all those concerned in the administration of prisons and in -the actual treatment of crime, that a considerable number of adult -persons in custody cannot be regarded as fully capable of dealing -with the ordinary affairs of life. The provision, therefore, that has -now been made for the detection and diagnosis of all forms of mental -defectiveness from childhood and early youth justifies a general -hope and belief that if this Act is effectively administered, a -great impression will, in course of time, be made on the figures of -imprisonment; and this hope can be held not only by those who take an -extreme view of the influence of heredity, but by plain men and women, -without scientific training or knowledge, who are now profoundly moved -at the sight of persons of both sexes and of all ages coming to prison -in the expiation of offences which, had they been mentally conscious of -their obligations to society, or adaptable to their social environment -and standard of living, they never would have committed.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_216" id="Page_216">[Pg 216]</a></span></p> - - - - -<p class="ph2"><a name="CHAPTER_XVII" id="CHAPTER_XVII">CHAPTER XVII.</a></p> - -<p class="center">A SHORT SKETCH OF THE MOVEMENT OF CRIME—<br /> - -(<span class="smcap">A</span>) 1872 to 1914: (<span class="smcap">B</span>) <span class="smcap">THE WAR</span>, 1914 to 1918.</p> - - -<p>The object of this Chapter is (a) to compare the number and character -of offences according to recent statistics with statistics obtainable -at the time of the London Congress, 1872; and (b) to show the great -change that has taken place in the volume of crime due to causes -consequent upon conditions of War.</p> - - -<p><span class="u">(A) 1872 to 1914.</span></p> - -<p>1. Serious offences (e.g. murder, wounding, sexual offences, burglary -and fraud), tried at Assizes and Quarter Sessions, decreased between -1872 and 1913 by nearly a half, relatively to population, as will be -seen from the following Table of the number of offences dealt with by -the Courts for quinquennial periods 1873 to 1913:—</p> - -<table summary="again" width="65%"> -<tr><td>Period</td> <td align="right">Number proceeded against</td> <td align="right">Ratio per 100,000 of the population</td></tr> -<tr><td>1873-77</td> <td align="right">15,298</td> <td align="right">63·62</td></tr> -<tr><td>1883-87</td> <td align="right">13,908</td> <td align="right">51·09</td></tr> -<tr><td>1893-97</td> <td align="right">11,632</td> <td align="right">38·20</td></tr> -<tr><td>1903-07</td> <td align="right">12,344</td> <td align="right">36·32</td></tr> -<tr><td>1908-12</td> <td align="right">13,558</td> <td align="right">37·88</td></tr> -<tr><td>1913</td> <td align="right">12,511</td> <td align="right">33·89</td></tr> -</table> - -<p><span class="pagenum"><a name="Page_217" id="Page_217">[Pg 217]</a></span></p> - -<p>2. Less serious offences, which, though triable by Superior Courts, -can be dealt with summarily, i.e., principally acts of petty larceny, -have increased during the same period, though relatively to population -there has been a decrease, as the following Table shows; but it must -be remembered that a large proportion of these offences are those -committed by children or 'young persons,' coming within the provisions -of the Children Act, 1908. Nearly 40 per cent., according to latest -figures, belong to this category, and over 60 per cent. of charges were -either dismissed or dealt with otherwise than by conviction:—</p> - -<table summary="again" width="65%"> - -<tr><td>Period</td> <td align="right">Number proceeded against</td> <td align="right">Ratio per 100,000 of the population</td></tr> -<tr> <td>1873-77</td> <td align="right">37,245</td> <td align="right">154·90</td></tr> -<tr><td>1883-87</td> <td align="right">43,936</td> <td align="right">161·41</td></tr> -<tr><td>1893-97</td> <td align="right">41,542</td> <td align="right">136·42</td></tr> -<tr><td>1903-07</td> <td align="right">47,721</td> <td align="right">140·40</td></tr> -<tr><td>1908-12</td> <td align="right">52,743</td> <td align="right">147·36</td></tr> -<tr><td>1913</td> <td align="right">50,758</td> <td align="right">137·48</td></tr> -</table> - -<p>3. There is a third category of offences, which, though only triable in -Summary Courts, are 'criminal' in character, e.g., assaults, damage, -&c. As will be seen from the following Table, there has been, generally -speaking, a fall since 1872 of considerably more than a half, the -number of offences per 100,000 of population having decreased for the -period 1873 to 1913 from 567 to 192.</p> - -<table summary="guesswhat" width="90%"> -<tr><td rowspan="2" align="center"><span class="smcap">Offence.</span></td><td colspan="5" align="center"><span class="smcap">Quinquennial averages.</span></td><td rowspan="2" align="center"><span class="smcap">Year</span>1913</td></tr> -<tr><td>1873-77</td> <td>1883-87</td> <td>1893-97</td> <td>1903-07</td> <td>1908-12</td><td></td></tr> -<tr><td>Assaults, Malicious Damage, Unlawful Possession &c.</td><td>136,390</td> <td>116,836</td> <td>108,298</td> <td>85,193</td> <td>75,212</td> <td>71,124</td></tr> -<tr><td>Ratio per 100,000 of population</td> - <td>567·22</td> <td>429·22</td> <td>355·64</td> <td>250·65</td> <td>210·14</td> <td>192·65</td></tr> -</table> - -<p><span class="pagenum"><a name="Page_218" id="Page_218">[Pg 218]</a></span></p> - -<p>These three categories include all offences which are strictly -'criminal' in character. The great bulk of offences, which may involve -commitment to Prison, are not strictly 'criminal.' The principal -offences in this category are Drunkenness, Offences against Police -Regulations, Bye-laws, Highways Acts and Education Acts. The following -Table shows that the actual number of these offences rose continuously -from 1873 to 1907. Between the latter date and 1913 there was a fall in -the actual numbers, and relatively to population, the figure for 1913 -(1649·99) showing a decrease of no less than 157·51 per 100,000 of the -population, as compared with 1873-7:—</p> - -<table summary="guesswhat" width="80%"> -<tr><td rowspan="2" align="center"><span class="smcap">Offence.</span></td><td colspan="5" align="center"><span class="smcap">Quinquennial averages.</span></td><td rowspan="2" align="center"><span class="smcap">Year</span>1913</td></tr> -<tr><td>1873-77</td> <td>1883-87</td> <td>1893-97</td> <td>1903-07</td> <td>1908-12</td><td></td></tr> -<tr><td>Drunkenness</td> <td align="right">195,682 </td> <td align="right">180,462</td> <td align="right">179,496</td> <td align="right">219,675</td> <td align="right">188,813</td> <td align="right">204,038</td></tr> -<tr><td>Education Acts, offences against</td> <td align="right">18,320</td> <td align="right">80,566</td> <td align="right">64,924</td> <td align="right">56,117</td> <td align="right">40,763</td> <td align="right">44,030</td></tr> -<tr><td>Highway Acts " " </td> <td align="right">16,743</td> <td align="right">18,847</td> <td align="right">30,677</td> <td align="right">47,313</td> <td align="right">62,405</td> <td align="right">76,011</td></tr> -<tr><td>Police Regulations, Bye-laws, breach of</td> <td align="right">59,393</td> <td align="right">62,028</td> <td align="right">88,848</td> <td align="right">131,600</td> <td align="right">100,842</td> <td align="right">106,509</td></tr> -<tr><td>Vagrancy</td> <td align="right">15,193</td> <td align="right">26,694</td> <td align="right">25,228</td> <td align="right">34,857</td> <td align="right">41,267</td> <td align="right">27,523</td></tr> -<tr><td class="td1">Total non-criminal offences</td> <td class="td1" align="right">434,620</td> <td class="td1" align="right">496,341</td> <td class="td1" align="right">534,844</td> <td class="td1" align="right">630,474</td> <td class="td1" align="right">578,486</td> <td class="td1" align="right">609,166</td></tr> -<tr><td>Ratio per 100,000 of population</td> <td>1807·50</td> <td>1823·39</td> <td>1756·38</td> <td>1854·94</td> <td>1616·25</td> <td>1649·99</td></tr> -</table> - -<p>The following Table is interesting in showing the committals to prison -for the last three decades, commencing in 1881—the earliest date from -which the comparison is possible. It will be observed that the Prison -population in 1883 stood as high as 622 per 100,000 of the population -of the country, and that for the year ended 31st March, 1914 it had -fallen to the lowest then recorded, <i>viz</i>:—369. The great decrease -that has taken place since 1914, as will be shown subsequently, reduced -the ratio to 70 per 100,000 of the population:—</p> - -<p><span class="pagenum"><a name="Page_219" id="Page_219">[Pg 219]</a></span></p> - -<table summary="evenmore" width="90%"> -<tr><td class="td2" rowspan="2">Year ended<br /> 31st March.</td> -<td class="td2" rowspan="2">Convicted of <br />Indictable Offences<br /> -tried at Assizes<br /> and Sessions.</td> -<td class="td2" colspan="2">Convicted of Offences<br /> tried summarily.</td> -<td class="td2" rowspan="2">Total. Committals<br /> on Conviction.</td> -<td class="td2" rowspan="2">Per 100,000 of<br /> population of the<br /> Country.</td> -<td></td></tr> -<tr><td class="td2">Indictable.</td><td class="td2">Non-indictable.</td></tr> -<tr><td class="tdc2">1881</td> <td class="tdc2">9,528</td> <td class="tdc2" colspan="2">139,546</td> <td class="tdc2">149,074</td> <td class="tdc2">580</td></tr> -<tr><td class="tdc1">1882</td> <td class="tdc1">10,550 </td> <td class="tdc1" colspan="2">150,888</td> <td class="tdc1">161,438</td> <td class="tdc1">621</td></tr> -<tr><td class="tdc1">1883</td> <td class="tdc1">10,069 </td> <td class="tdc1" colspan="2">153,645</td> <td class="tdc1">163,714</td> <td class="tdc1">622</td></tr> -<tr><td class="tdc1">1884</td> <td class="tdc1">9,780</td> <td class="tdc1" colspan="2">151,056</td> <td class="tdc1">160,836</td> <td class="tdc1">604</td></tr> -<tr><td class="tdc1">1885</td> <td class="tdc1">9,886</td> <td class="tdc1" colspan="2">150,096</td><td class="tdc1">159,982</td><td class="tdc1">594</td></tr> -<tr><td class="tdc1">1886</td> <td class="tdc1">9,617</td> <td class="tdc1" colspan="2">138,015</td> <td class="tdc1">147,632</td> <td class="tdc1">542</td></tr> -<tr><td class="tdc1">1887</td> <td class="tdc1">9,611</td> <td class="tdc1" colspan="2">144,989</td> <td class="tdc1">154,600</td> <td class="tdc1">562</td></tr> -<tr ><td class="tdc1" >1888</td> <td class="tdc1" >9,024</td> <td class="tdc1" colspan="2" >138,755</td> <td class="tdc1" >147,779</td><td class="tdc1" >531</td></tr> -<tr ><td class="tdc1" >1889</td> <td class="tdc1" >9,198</td><td class="tdc1" colspan="2" >144,765</td><td class="tdc1" >153,963</td><td class="tdc1" >547</td></tr> -<tr ><td class="tdc1" >1890</td> <td class="tdc1" >8,180</td><td class="tdc1" colspan="2">137,088</td><td class="tdc1" >145,268</td><td class="tdc1" >511</td></tr> -<tr ><td class="tdc1" >1891</td><td class="tdc1" >7,843</td><td class="tdc1" colspan="2">132,789</td><td class="tdc1" >140,632</td><td class="tdc1" >490</td></tr> -<tr ><td class="tdc1" >1892</td><td class="tdc1" >8,302</td><td class="tdc1" colspan="2">128,958</td><td class="tdc1" >137,260</td><td class="tdc1" >473</td></tr> -<tr ><td class="tdc1" >1893</td><td class="tdc1" >8,542</td><td class="tdc1" colspan="2">136,996</td><td class="tdc1" >145,538</td><td class="tdc1" >495</td></tr> -<tr ><td class="tdc1" >1894</td><td class="tdc1" >8,590</td><td class="tdc1" colspan="2">147,876</td> <td class="tdc1" >156,466</td> <td class="tdc1" >526</td></tr> -<tr ><td class="tdc1" >1895</td><td class="tdc1" >7,991</td><td class="tdc1" colspan="2">139,836</td><td class="tdc1" >147,827</td><td class="tdc1" >492</td></tr> -<tr><td class="tdc1">1896</td><td class="tdc1">7,933</td><td class="tdc1" colspan="2">146,019</td><td class="tdc1">153,952</td><td class="tdc1">506</td></tr> -<tr><td class="tdc1">1897</td><td class="tdc1">7,386</td><td class="tdc1" colspan="2">140,727</td><td class="tdc1">148,113</td><td class="tdc1">482</td></tr> -<tr><td class="tdc1">1898</td><td class="tdc1">8,004</td><td class="tdc1" colspan="2">145,961</td><td class="tdc1">153,965</td> <td class="tdc1">496</td></tr> -<tr><td class="tdc1">1899</td><td class="tdc1">8,315</td><td class="tdc1" colspan="2">151,744</td><td class="tdc1">160,059</td><td class="tdc1">510</td></tr> -<tr><td class="tdc1">1900</td><td class="tdc1">7,194</td><td class="tdc1" colspan="2">146,266</td><td class="tdc1">153,460</td><td class="tdc1">483</td></tr> -<tr><td class="tdc1">1901</td><td class="tdc1">7,091</td><td class="tdc1" colspan="2">141,509</td><td class="tdc1">148,600</td><td class="tdc1">461</td></tr> -<tr><td class="tdc1">1902</td><td class="tdc1">7,764</td><td class="tdc1" colspan="2">159,232</td><td class="tdc1">166,996</td><td class="tdc1">513</td></tr> -<tr><td class="tdc1">1903</td><td class="tdc1">8,271</td><td class="tdc1" colspan="2">168,286</td><td class="tdc1">176,557</td><td class="tdc1">535</td></tr> -<tr><td class="tdc1">1904</td><td class="tdc1">8,640</td><td class="tdc1">21,730</td><td class="tdc1">159,518</td><td class="tdc1">189,888</td> <td class="tdc1">569</td></tr> -<tr><td class="tdc1">1905</td> <td class="tdc1">8,761</td> <td class="tdc1">21,784</td><td class="tdc1">167,396</td><td class="tdc1">197,941</td><td class="tdc1">586</td></tr> -<tr><td class="tdc1">1906</td> <td class="tdc1">8,972</td> <td class="tdc1">21,890</td><td class="tdc1">164,194</td><td class="tdc1">195,056</td> <td class="tdc1">571</td></tr> -<tr><td class="tdc1">1907</td> <td class="tdc1">8,966</td> <td class="tdc1">20,272</td><td class="tdc1">149,105</td><td class="tdc1">178,343</td> <td class="tdc1">516</td></tr> -<tr><td class="tdc1">1908</td> <td class="tdc1">9,091</td> <td class="tdc1">20,886</td><td class="tdc1">146,625</td> <td class="tdc1">176,602</td> <td class="tdc1">505</td></tr> -<tr><td class="tdc1">1909</td> <td class="tdc1">9,613</td> <td class="tdc1">21,710</td><td class="tdc1">153,578</td> <td class="tdc1">184,901</td> <td class="tdc1">523</td></tr> -<tr><td class="tdc1">1910</td> <td class="tdc1">9,500</td> <td class="tdc1">21,381</td><td class="tdc1">149,080</td> <td class="tdc1">179,961</td> <td class="tdc1">503</td></tr> -<tr><td class="tdc1">1911</td> <td class="tdc1">9,136</td> <td class="tdc1">18,758</td><td class="tdc1">139,801</td> <td class="tdc1">167,695</td> <td class="tdc1">465</td></tr> -<tr><td class="tdc1">1912</td> <td class="tdc1">8,756</td> <td class="tdc1">17,668</td><td class="tdc1">132,443</td> <td class="tdc1">158,867</td> <td class="tdc1">439</td></tr> -<tr><td class="tdc1">1913</td> <td class="tdc1">8,781</td> <td class="tdc1">17,102</td><td class="tdc1">125,081</td> <td class="tdc1">150,964</td> <td class="tdc1">413</td></tr> -<tr><td class="tdc1">1914</td> <td class="tdc1">7,738</td> <td class="tdc1">15,598</td><td class="tdc1">113,088</td> <td class="tdc1">136,424</td> <td class="tdc1">369</td></tr> -</table> - -<p>For many years past, a marked decrease has taken place in the number -of persons sentenced to penal servitude. In 1872, there was a convict -population of 8,823 males and 1,249 females. This had fallen to 2,568 -males and 98 females at the end of 1913-14, representing a decrease -of over 70 per cent. As will be seen from<span class="pagenum"><a name="Page_220" id="Page_220">[Pg 220]</a></span> the following Table, the -average length of sentence has also fallen considerably:—</p> - -<table summary="sickofthisyet?" width="80%"> -<tr><td rowspan="2" >Sentence</td> -<td colspan="4">Sentences of convicts in custody on the - last day of each of the following years—</td></tr> - - <tr><td align="right">1872</td> <td align="right">1891-2;</td> <td align="right">1902-3</td> <td align="right">1913-14</td></tr> - -<tr><td>Life</td> <td align="right">152</td> <td align="right">268</td> <td align="right">138</td> <td align="right">128</td></tr> -<tr><td>Above 15 years</td> <td align="right">101</td> <td align="right">177</td> <td align="right">64</td> <td align="right">38</td></tr> -<tr><td>15 years and over 10 years</td> <td align="right">308</td> <td align="right">332</td> <td align="right">166</td> <td align="right">73</td></tr> -<tr><td>10 years and over 5 years</td> <td align="right">7,898</td> <td align="right">1,498</td> <td align="right">581</td> <td align="right">343</td></tr> -<tr><td>5 years and over 3 years</td> <td align="right">1,613</td> <td align="right">1,726</td> <td align="right">1,141</td> <td align="right">830</td></tr> -<tr><td>3 years</td> <td></td> <td align="right">28</td> <td align="right">819</td> <td align="right">1,254</td></tr> - -<tr><td class="tdc3" align="right">Total</td> <td class="tdc3" align="right">10,072</td> <td class="tdc3" align="right">4,029</td> <td class="tdc3" align="right">2,909</td> <td class="tdc3" align="right">2,666</td></tr> -</table> - -<p>The most gratifying feature shown by the comparison of statistics prior -to 1914 is the wonderful decrease in the number of convictions under 21 -years of age. These figures can be traced as far back as 1848:—</p> - -<table summary="gettingboredyet?" width="65%"> -<tr> -<td align="center">Year -</td> -<td colspan="2" align="center">Under 12 -</td> -<td colspan="2" align="center">12 and Under 16 -</td> -<td colspan="2" align="center">16 and Under 21 -</td> -</tr> -<tr> -<td> -</td> -<td align="right">M. -</td> -<td align="right">F. -</td> -<td align="right">M. -</td> -<td align="right">F. -</td> -<td align="right">M. -</td> -<td align="right">F. -</td> -</tr> -<tr> -<td>1848 -</td> -<td align="right">1,332 -</td> -<td align="right">215 -</td> -<td align="right">10,537 -</td> -<td align="right">1,718 -</td> -<td align="right">21,324 -</td> -<td align="right">6,307 -</td> -</tr> -<tr> -<td>1856 -</td> -<td align="right">1,674 -</td> -<td align="right">316 -</td> -<td align="right">10,134 -</td> -<td align="right">1,857 -</td> -<td align="right">17,655 -</td> -<td align="right">7,231 -</td> -</tr> -<tr> -<td>1866 -</td> -<td align="right">1,485 -</td> -<td align="right">152 -</td> -<td align="right">6,614 -</td> -<td align="right">1,105 -</td> -<td align="right">18,480 -</td> -<td align="right">6,147 -</td> -</tr> -<tr> -<td>1873 -</td> -<td align="right">1,370 -</td> -<td align="right">112 -</td> -<td align="right">6,692 -</td> -<td align="right">1,185 -</td> -<td align="right">19,992 -</td> -<td align="right">7,033 -</td> -</tr> -<tr> -<td>1876 -</td> -<td align="right">940 -</td> -<td align="right">58 -</td> -<td align="right">5,292 -</td> -<td align="right">848 -</td> -<td align="right">20,356 -</td> -<td align="right">6,572 -</td> -</tr> -<tr> -<td>1886 -</td> -<td align="right">229 -</td> -<td align="right">21 -</td> -<td align="right">4,016 -</td> -<td align="right">547 -</td> -<td align="right">19,813 -</td> -<td align="right">5,143 -</td> -</tr> -<tr> -<td>1896 -</td> -<td align="right">59 -</td> -<td align="right">1 -</td> -<td align="right">1,336 -</td> -<td align="right">102 -</td> -<td align="right">13,433 -</td> -<td align="right">2,924 -</td> -</tr> -<tr> -<td>1906 -</td> -<td align="right">3 -</td> -<td align="right">— -</td> -<td align="right">999 -</td> -<td align="right">30 -</td> -<td align="right">15,878 -</td> -<td align="right">2,248 -</td> -</tr> -<tr> -<td>1910 -</td> -<td align="right">1 -</td> -<td align="right">— -</td> -<td align="right">139 -</td> -<td align="right">3 -</td> -<td align="right">12,236 -</td> -<td align="right">1,186 -</td> -</tr> -<tr> -<td>1911 -</td> -<td align="right">— -</td> -<td align="right">— -</td> -<td align="right">32 -</td> -<td align="right">2 -</td> -<td align="right">10,380 -</td> -<td align="right">1,163 -</td> -</tr> -<tr> -<td>1912 -</td> -<td align="right">— -</td> -<td align="right">— -</td> -<td align="right">22 -</td> -<td align="right">1 -</td> -<td align="right">8,265 -</td> -<td align="right">938 -</td> -</tr> -<tr> -<td>1913 -</td> -<td align="right">— -</td> -<td align="right">— -</td> -<td align="right">27 -</td> -<td align="right">5 -</td> -<td align="right">7,789 -</td> -<td align="right">900 -</td> -</tr> -<tr> -<td>1914 -</td> -<td align="right">— -</td> -<td align="right">— -</td> -<td align="right">12 -</td> -<td align="right">— -</td> -<td align="right">6,320 -</td> -<td align="right">858 -</td> -</tr> -</table> - - - -<p>It will be seen that the category (16-21) has fallen from 13,433 males -in 1896 to 6,320 in 1913-14. In the 'seventies it represented 1,306 per -100,000 of the population of the country of that particular age, and -since that time the ratio has fallen as shown below:—</p> - -<table summary="table" width="70%"> -<tr> -<td>1883 -</td> -<td align="right">1,164 -</td> -<td>per 100,000 of population 16-21 -</td> -</tr> -<tr> -<td>1893 -</td> -<td align="right">728 -</td> -<td> " " " -</td> -</tr> -<tr> -<td>1903 -</td> -<td align="right">499 -</td> -<td> " " " -</td> -</tr> -<tr> -<td>1914 -</td> -<td align="right">212 -</td> -<td> " " " -</td> -</tr> -</table> - -<p><span class="pagenum"><a name="Page_221" id="Page_221">[Pg 221]</a></span></p> - -<p>The following Table is interesting as showing the higher average age -of the prison population in 1913-14 as compared with ten years before -that date, indicating the fact that the supply of younger recruits is -failing:—</p> - -<table summary="sickofthis" width="75%"> -<tr> -<td> -</td> -<td colspan="6" align="center"> Age on conviction, and the Proportion Per<br /> -Cent. which each Category bears to the Total. -</td> -</tr> -<tr> -<td> -</td> -<td align="center">Under<br />21 -</td> -<td align="center">21 to<br />30 -</td> -<td align="center">30 to<br />40 -</td> -<td align="center">40 to<br />50 -</td> -<td align="center">50 to<br />60 -</td> -<td align="center">60 and<br />over -</td> -</tr> -<tr> -<td>Males— -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -</tr> -<tr> -<td> 1902-3 -</td> -<td align="center">11·6 -</td> -<td align="center">26·7 -</td> -<td align="center">26·9 -</td> -<td align="center">18·2 -</td> -<td align="center"> 8·1 -</td> -<td align="center"> 8·2 -</td> -</tr> -<tr> -<td> 1913-14 -</td> -<td align="center"> 6·1 -</td> -<td align="center">24·8 -</td> -<td align="center">28·8 -</td> -<td align="center">21·3 -</td> -<td align="center">10·0 -</td> -<td align="center"> 9·0 -</td> -</tr> -<tr> -<td>Females— -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -</tr> -<tr> -<td> 1902-3 -</td> -<td align="center"> 4·8 -</td> -<td align="center">25·3 -</td> -<td align="center">35·0 -</td> -<td align="center">22·6 -</td> -<td align="center"> 7·8 -</td> -<td align="center"> 4·3 -</td> -</tr> -<tr> -<td> 1913-14 -</td> -<td align="center"> 2·5 -</td> -<td align="center">18·4 -</td> -<td align="center">34·1 -</td> -<td align="center">29·1 -</td> -<td align="center">11·3 -</td> -<td align="center"> 4·4 -</td> -</tr> -</table> - - - - -<p>As described in a foregoing Chapter, it was about the time of the -year first-named in the above Table that the Borstal System was -inaugurated, and to its operation (both "Full" and "Modified" Systems) -the decline in the rates of the first two columns is doubtless largely -due. Shortly before the outbreak of War, the Borstal Association -furnished remarkable figures showing that, since the Borstal System -was made statutory in 1909, only 392, out of 1,454 lads, or 27 per -cent., discharged from Borstal Institutions during that period had been -reconvicted. Bearing in mind that all these lads had qualified for -Borstal detention as being "of criminal habits or tendencies," it is -not surprising to find that the successful efforts of the Association, -and of those of Borstal Committees in Local Prisons, are resulting in -a decreasing number not only of the age with which they are directly -concerned, 16-21, but with the following one (21-30), which has -hitherto contributed some 30,000 cases annually.</p> - -<p>But while the statistics of 1913 showed a decrease in the volume of -serious crime, and a falling-off both in the total number committed to -prison for these as well as for less serious offences, (and of those so -committed a decreased proportion of young and first offenders) there -remained both in Local and Convict Prisons a large body of reconvicted -men and women. Thus, in Local Prisons, the percentage of reconviction -stood at 61 and 77 for<span class="pagenum"><a name="Page_222" id="Page_222">[Pg 222]</a></span> men and women, respectively: while in Convict -Prisons, presumably for more serious offences, the percentage was 87 -and 67 respectively. But this high figure, taken in conjunction with -the falling prison population and the decreased number of young and -first offenders shows conclusively that recidivism in both cases is -being localized, and that, in course of time, (if even at this late -stage the many agencies now operating fail to reform) this large body -of men and women will disappear from criminal statistics, leaving a -reduced number to take their place. So far as penal servitude prisoners -are concerned, their number is relatively small. An inquiry made in -1910 into the careers of ex-convicts showed the rate of reconviction -to be about 70 per cent. Since that date the Central Association for -the Aid of Discharged Convicts has been established, and they were -able to report in 1915 concerning nearly 2,800 men, largely Recidivist -convicts, the majority of whom had been at liberty for more than two -years, that only 50 per cent. had been reconvicted.</p> - -<p>With regard to petty recidivism in Local Prisons, the number, prior -to the great reduction since 1914, was largely composed of persons of -vagrant habit: many, too, were mentally defective. As an example, it -was found at a particular prison that out of 700 vagrants received in -a year, 236 served from two to seven imprisonments during the year, -and that the total previous convictions of these 236 men amounted to -considerably over 2,000: while 92 reported in one year at another -prison as being of feeble mind had together amassed a total of 1,270 -convictions. Although the total of the latter category has diminished, -recent statistics show that the proportion of mentally defective in -the prison population remains about the same. So far as these are -concerned, it had been hoped that when the Mental Deficiency Act, 1913, -was brought fully into operation, the Prisons would have been purged -of this class, who are unfitted for prison discipline; but these hopes -remain to a large extent unfulfilled, chiefly owing to difficulties -arising out of the War in finding accommodation for defective persons. -Should legislation proceed on the lines of the recommendations of the -Vagrancy Committee of 1906,<span class="pagenum"><a name="Page_223" id="Page_223">[Pg 223]</a></span> and should restriction on the sale of -intoxicating liquor still be enforced, there is little doubt that the -high rate of petty recidivism in Local Prisons will be permanently -reduced.</p> - - -<p><span class="u">(B) THE RESULT OF THE WAR.</span></p> - -<p>The European War broke out in August, 1914, and it is the purpose of -the following pages to show, as far as possible, the effect of the many -changes brought about by the social upheaval consequent upon war-time -conditions and legislation upon the crime of the country.</p> - -<p>As will be seen from the following Table, the daily average Local -prison population has fallen enormously since 1913-14—52 per cent. -in the case of males and 40 per cent. in the case of females. But -as regards the number of males committed by <i>Ordinary Courts</i>, the -fall in the average population is much greater, for included in the -daily average population shown below is an average probably not far -below 2,000 prisoners committed by Courts Martial, the larger number -of whom were cases of men, who, having failed to obtain from local -tribunals exemption on the ground of conscientious objection under the -Military Service Acts, were ultimately committed to prison for breach -of military discipline. Further, there are also included many cases -charged under the Defence of the Realm &c. Acts. Excluding all these, -the daily average male population in 1918-19 had fallen by over 60 per -cent. of the number at which it stood in the year before the War. A -fall of over one-half is also shown in the male average population of -Convict Prisons:—</p> - -<table summary="don'tcare" width="75%"> -<tr> -<td> -</td> -<td class="tdc" colspan="6">Daily Average Population of -</td> -<td> -</td> -<td> -</td> -<td> -</td> -<td> -</td> -<td> -</td> -</tr> -<tr> -<td class="tdc3"> -</td> -<td colspan="2" class="tdc4" align="center">Local Prisons -</td> - -<td colspan="2" class="tdc4" align="center">Convict Prisons -</td> - -<td colspan="2" class="tdc4" align="center">Borstal Institutions -</td> - -</tr> -<tr> -<td> -</td> -<td align="center"> M. -</td> -<td align="center">F. -</td> -<td align="center"> M. -</td> -<td align="center">F. -</td> -<td align="center"> M. -</td> -<td align="center">F. -</td> -</tr> -<tr> -<td>1913-14 -</td> -<td align="center">12,116 -</td> -<td align="center">2,236 -</td> -<td align="center">2,609 -</td> -<td align="center">95 -</td> -<td align="center">841 -</td> -<td align="center"> 87 -</td> -</tr> -<tr> -<td>1918-19 -</td> -<td align="center"> 5,751 -</td> -<td align="center">1,322 -</td> -<td align="center">1,146 -</td> -<td align="center">83 -</td> -<td align="center">566 -</td> -<td align="center">194 -</td> -</tr> -</table> - -<p>This great fall in the prison population is still more strikingly shown -in the Table showing the total commit<span class="pagenum"><a name="Page_224" id="Page_224">[Pg 224]</a></span>tals to prison on conviction by -Ordinary Courts for the years named:—</p> - -<table summary="willthiseverend" width="85%"> -<tr> -<td class="tdc1" rowspan="2" >Year. -</td> -<td class="tdc1" colspan="4" align="center">Committals to Prison on Conviction. -</td> -<td class="tdc1" rowspan="2">Proportion per 100,000 -of the Population -</td> -</tr> -<tr> -<td class="tdc1">On Indictment -</td> -<td class="tdc1">Indictable Offences -Tried Summarily -</td> -<td class="tdc1">Non-indictable -Offences -</td> -<td class="tdc1">Total -</td> -</tr> -<tr> -<td class="tdc3">1913-14 -</td> -<td class="tdc3" align="center">7,738 -</td> -<td class="tdc3" align="center">15,598 -</td> -<td class="tdc3" align="center">113,088 -</td> -<td class="tdc3" align="center">136,424 -</td> -<td class="tdc3" align="center">369 -</td> -</tr> -<tr> -<td>1918-19 -</td> -<td align="center">3,486 -</td> -<td align="center"> 8,568 -</td> -<td align="center"> 13,996 -</td> -<td align="center"> 26,050 -</td> -<td align="center"> 70 -</td> -</tr> -<tr> -<td class="tdc3">Decrease since 1913-14 -</td> -<td class="tdc3" align="center">55% -</td> -<td class="tdc3" align="center">45% -</td> -<td class="tdc3" align="center">88% -</td> -<td class="tdc3" align="center">81% -</td> -<td class="tdc3" align="center">299 -</td> -</tr> -</table> - - - -<p>This great fall in the numbers committed must, of course, be attributed -to a great extent, to conditions arising out of a state of war: but, -at the same time, it must be borne in mind, as shown above, that a -decrease in grave, as well as in the less serious, forms of crime, had -been proceeding for some years before the war. The general call upon -the manhood of the nation for service with the Forces: the endless -opportunities for employment for those who, in ordinary times, would -probably not be eligible for want of necessary qualifications—to which -must be added the intense spirit of patriotism pervading all classes, -leading men and women to abstain from evil—have, no doubt, been -chiefly responsible for so few persons coming to prison. But the War -alone, or the spirit engendered by the War, cannot be said to have been -the sole cause of this great fall. In the first year of the War, the -Criminal Justice Administration Act, 1914, came into operation, which -provided new facilities for the payment of fines; and, whereas before -the operation of this Act between 75,000 and 100,000 persons had been -committed annually in default, the number so committed in 1918-19 had -fallen to about 5,300 only. This low number is probably to be accounted -for by the high wages prevalent, thus affording means to pay the fines -imposed. As a result of this, the total number of short sentences fell -enormously. Before the War, and the passing of the Act of 1914,<span class="pagenum"><a name="Page_225" id="Page_225">[Pg 225]</a></span> there -had been nearly 100,000 sentences annually to two weeks or less, while -in 1918-19, only 4,000 were received for those terms.</p> - -<p>As regards the actual offences which have contributed to this decrease -during the War,—amongst grave crime, the offences of Burglary and -Housebreaking showed the greatest fall, <i>viz</i>:—57 per cent., the -numbers having been 1,960 in 1913-14, and 840 in 1918-19. Larcenies, -including the less serious cases dealt with summarily, fell from -22,459 in the first-named year to 8,915 in the latter year, or 60 per -cent. (A large increase in the case of Bigamy was noted,—the number -which had averaged about 80 per annum before the War, had risen to -420 in 1918-19). Cases punishable by fine fell greatly, and amongst -these was the offence of Drunkenness: 51,851 persons were received -on conviction in 1913-14 and only 1,670 in 1918-19, a fall of 97 per -cent., the number for the latter year probably representing largely the -cases which were committed without the option of a fine. Assaults also -fell from 8,666 in 1913-14 to 1,269 in 1918-19, or 85 per cent., and -offences against Police Regulations from 8,661 to 889, or 90 per cent.</p> - -<p>A striking feature of statistics during the War has been the decreased -proportion of recidivists convicted of <i>serious</i> crime tried on -indictment. In 1913, 3,462 persons, or 34 per cent. of the total -convicted, had incurred six or more previous convictions: in 1918, this -number had fallen to only 786, or 17 per cent. of the whole.</p> - -<p>Soon after the outbreak of War, drastic measures were enforced on -the sale of intoxicating liquor. On the 31st August, 1914, the -Intoxicating Liquor (Temporary Restriction) Act, 1914, was passed, -and under its provisions numerous Orders were made by the Licensing -Justices, suspending the sale or consumption of liquor on licensed -premises or clubs. Similar Orders were also made by Naval and Military -Authorities. In June, 1915, the Central Control Board (Liquor Traffic) -was constituted under an Order in Council, which established the -Defence of the Realm (Liquor Control) Regulations 1915, pursuant to -Act of Parliament. Statistics for the offence<span class="pagenum"><a name="Page_226" id="Page_226">[Pg 226]</a></span> of Drunkenness showed a -remarkable decrease year by year, as will be seen from the following -Table:—</p> - -<table summary="guesswhat" width="55%"> -<tr> -<td rowspan="2" >Year -</td> -<td colspan ="3" align="center">Convictions for Drunkenness in England & Wales -</td> -</tr> -<tr> - -<td align="center">Males. -</td> -<td align="center">Females. -</td> -<td align="center">Total -</td> -</tr> -<tr> -<td>1913 -</td> -<td align="center">153,112 -</td> -<td align="center">35,765 -</td> -<td align="center">188,877 -</td> -</tr> -<tr> -<td>1914 -</td> -<td align="center">146,517 -</td> -<td align="center">37,311 -</td> -<td align="center">183,828 -</td> -</tr> -<tr> -<td>1915 -</td> -<td align="center">102,600 -</td> -<td align="center">33,211 -</td> -<td align="center">135,811 -</td> -</tr> -<tr> -<td>1916 -</td> -<td align="center"> 62,946 -</td> -<td align="center">21,245 -</td> -<td align="center"> 84,191 -</td> -</tr> -<tr> -<td>1917 -</td> -<td align="center"> 34,103 -</td> -<td align="center">12,307 -</td> -<td align="center"> 46,410 -</td> -</tr> -<tr> -<td>1918 -</td> -<td align="center"> 21,853 -</td> -<td align="center"> 7,222 -</td> -<td align="center"> 29,075 -</td> -</tr> -<tr> -<td>Decrease per cent since 1913 -</td> -<td align="center">86 -</td> -<td align="center">79 -</td> -<td align="center">85 -</td> -</tr> -</table> - - - - - - -<p>Another remarkable feature of prison statistics during the War was -the practical disappearance of the Vagrant, convicted of Begging and -Sleeping-Out. In the years before the War, as many as 27,000 had been -committed annually for this offence (see chapter XIII), while in -1918-19 only 1,066 were received, and these were said to have been -largely the aged and the mentally or physically weak.</p> - -<p>From observation of all the causes leading to the very remarkable -decrease in every category of criminal offences during the War, the -conclusion to be drawn seems to be that when employment is easy and -plentiful, and when, at the same time, there is severe restriction of -the opportunities for spending wages in intoxicating drink, there is -the probability that the records of crime (and by 'crime' is meant -not only grave offences, but the multitude of offences against Police -Regulations, Vagrancy, &c.) would be very low in the community. In past -years, the effect upon crime of prosperity, leading to good wages and -easy employment, seems to have been obscured in criminal statistics -owing to the enormous figures of<span class="pagenum"><a name="Page_227" id="Page_227">[Pg 227]</a></span> convictions of Drunkenness, which, -in some recent years, have exceeded 200,000, and have represented -one-third of the whole receptions into prison. The following Table is -interesting as showing the comparison of prison statistics during a -year (1918-19) of plentiful employment with restrictions on the sale -of intoxicating liquor, with a year in which there was acute trade -depression:—</p> - - -<table summary="needyouask" width="70%"> -<tr> -<td> -</td> -<td align="center">1918-19 -</td> -<td align="center">1908-09 -</td> -</tr> -<tr> -<td>Board of Trade percentage of Unemployment -</td> -<td align="center">·08 -</td> -<td align="center">7·8 -</td> -</tr> -<tr> -<td>Daily Average Local Prison population (excluding Military prisoners) -</td> -<td align="center">5,500 -</td> -<td align="center">16,000 -</td> -</tr> -<tr> -<td>Total receptions on convictions -</td> -<td align="center">26,050 -</td> -<td align="center">184,901 -</td> -</tr> -<tr> -<td>Including -</td> -<td align="center"> -</td> -<td align="center"> -</td> -</tr> -<tr> -<td>Charges for Drunkenness -</td> -<td align="center">1,670 -</td> -<td align="center">62,822 -</td> -</tr> -<tr> -<td>" Begging and Sleeping-Out -</td> -<td align="center">1,066 -</td> -<td align="center">27,387 -</td> -</tr> -<tr> -<td>" Larceny -</td> -<td align="center">8,380 -</td> -<td align="center">24,060 -</td> -</tr> -<tr> -<td>Total Debtors received -</td> -<td align="center">1,830 -</td> -<td align="center">18,996 -</td> -</tr> -<tr> -<td>Number committed in default of fine -</td> -<td align="center">5,264 -</td> -<td align="center">95,686 -</td> -</tr> -</table> - - - - -<p>The great fall in the prison population made it possible to close -temporarily, at various dates, a considerable number of the penal -institutions, representing about one-quarter of the total cellular -accommodation of the country. These included the large convict prison -at Dartmoor, which was utilized as a "Work Centre" for the prisoners -known as "Conscientious Objectors," and the Borstal Institution at -Feltham.</p> - -<p>So far as crime generally in the country is concerned, a comparison -with the Tables printed on pages 216-8 shows a further great -falling-off, as follows:—</p> - -<p><span class="pagenum"><a name="Page_228" id="Page_228">[Pg 228]</a></span></p> - -<table summary="boredyet?" width="80%"> -<tr> -<td> -</td> -<td colspan="3" align="center">Number tried or proceeded against. -</td> -</tr> -<tr> -<td> -</td> -<td align="center">1917 -</td> -<td align="center">1913 -</td> -<td align="center">Decrease per cent. -</td> -</tr> -<tr> -<td>(a) Serious crime tried on indictment -</td> -<td align="center">5,586 -</td> -<td align="center">12,511 -</td> -<td align="center">55 -</td> -</tr> -<tr> -<td>(b) Less serious, though indictable crime, tried summarily -</td> -<td align="center">57,419 -</td> -<td align="center">50,758 -</td> -<td align="center">13 (increase) -</td> -</tr> -<tr> -<td>(c) Non-indictable offences of a criminal nature -</td> -<td align="center">52,152 -</td> -<td align="center">71,124 -</td> -<td align="center">27 -</td> -</tr> -<tr> -<td>(d) Non-indictable offences of a non-criminal nature -</td> -<td align="center">393,606 -</td> -<td align="center">609,116 -</td> -<td align="center">35 -</td> -</tr> -</table> - - - -<p>With regard to category (a), serious offences against the person have -fallen since 1913 by 39 per cent; offences against property with -violence (burglary, housebreaking, &c.) by 58 per cent; and offences -against property without violence (larceny, receiving, &c.) by 60 per -cent.</p> - -<p>As regards the increase shown under category (b) above, a large -proportion of the charges included are for petty larceny by children -and "young persons." Deducting these from the total, the offences -committed by persons over 16 total to 33,012 and 36,433 for the years -1917 and 1913 respectively, or 9 per cent. decrease.</p> - -<p>In category (d) are included 65,386 offences created by war-time -legislation, <i>viz</i>: offences against regulations made under the Defence -of the Realm Acts, about 50,500; Aliens Restriction Act, 1914, 13,600; -and National Registration Act, 1,192. If these be excluded, the -decrease shown in the Table above would be about 46 per cent.</p> - -<hr class="tb" /> - -<p>Although over two years have elapsed since the cessation of -hostilities, during which time several million<span class="pagenum"><a name="Page_229" id="Page_229">[Pg 229]</a></span> men have returned -to civil life, and although during that time there has been much -industrial unrest, and though certain modifications have been allowed -on the severe restrictions placed upon the sale of intoxicating liquor, -referred to above, the ordinary prison population is still 36 per cent. -below that at the time of the outbreak of war, <i>viz</i>:—</p> - -<table summary="igiveup" width="85%"> -<tr> -<td align="center">Number in Custody<br /> on -</td> -<td>Local<br /> Prisons -</td> -<td align="center">Convict<br /> Prisons -</td> -<td align="center">Preventive Detention<br /> Prisons -</td> -<td align="center">Borstal<br /> Institutions -</td> -</tr> -<tr> -<td>4th Aug. 1914 -</td> -<td align="center">13,580 -</td> -<td align="center">2,601 -</td> -<td align="center">247 -</td> -<td align="center"> 925 -</td> -</tr> -<tr> -<td>1st March 1921 -</td> -<td align="center">8,535 -</td> -<td align="center">1,305 -</td> -<td align="center"> 73 -</td> -<td align="center">1213 -</td> -</tr> -</table> - - - - -<p>The elimination of many thousands of petty offenders from the prison -population, due to the causes enumerated above, has had the effect of -reducing enormously the <i>volume</i> of recidivism to be found in Local -Prisons at the present time, though the <i>proportion</i> who had been -previously convicted remains about the same as formerly. Thus, the -total with <i>more than three previous convictions</i> who were committed -during the first three months of 1920, as compared with a similar -period in 1914, shows a decrease of no less than 73 per cent. in the -case of males and 66 per cent. in the case of females. The actual -figures are as follows:—</p> - -<table summary="lastonepromise" width="75%"> -<tr> -<td> -</td> -<td colspan="4" align="center">Receptions on conviction during the first three months of -</td> -</tr> -<tr> -<td> -</td> -<td colspan="2" align="center">1914. -</td> -<td colspan="2" align="center">1920. -</td> -</tr> -<tr> -<td> -</td> -<td align="center"> M. -</td> -<td align="center">F. -</td> -<td align="center"> M. -</td> -<td align="center">F. -</td> -</tr> -<tr> -<td>Number received -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -<td align="center"> -</td> -</tr> -<tr> -<td> with 1-3 previous convictions -</td> -<td align="center">6,533 -</td> -<td align="center">1,772 -</td> -<td align="center">2,132 -</td> -<td align="center">685 -</td> -</tr> -<tr> -<td> " 4-5 " " -</td> -<td align="center">1,704 -</td> -<td align="center"> 845 -</td> -<td align="center"> 397 -</td> -<td align="center">189 -</td> -</tr> -<tr> -<td> " 6-10 " " -</td> -<td align="center">2,490 -</td> -<td align="center"> 832 -</td> -<td align="center"> 513 -</td> -<td align="center">226 -</td> -</tr> -<tr> -<td> " 11-20 " " -</td> -<td align="center">2,243 -</td> -<td align="center"> 816 -</td> -<td align="center"> 475 -</td> -<td align="center">257 -</td> -</tr> -<tr> -<td> " over 20" " -</td> -<td align="center">1,866 -</td> -<td align="center">1,476 -</td> -<td align="center"> 453 -</td> -<td align="center">583 -</td> -</tr> -</table> - - - - -<p><span class="pagenum"><a name="Page_230" id="Page_230">[Pg 230]</a></span></p> - -<p>As regards the population in Convict Prisons, the great bulk of whom -are classified as Recidivist, only about 700 are so classified at the -present time, as compared with 2,000 at the beginning of the present -century; while the supply of the Juvenile-Adult sentenced to penal -servitude has almost ceased: in 1901 there were 200 lads 16-21 serving -sentences of penal servitude—to-day there are 9 only.</p> - -<p>An examination of statistics for the years following the conclusion -of the Wars of the previous century shows that any increase which -then took place was largely attributable to industrial depression, -and that, on the revival of trade, they fell to their normal level. -If, at the present time, there is a reversion to the former state of -things—unrestricted sale of intoxicating liquor, or should recurring -cycles of acute trade depression result in wide-spread unemployment -and poverty,—it may be expected that the Prisons of the country will -once again be occupied with thousands of tramps and vagrants, and -petty offenders committed for short periods, and that the provisions -of the Criminal Justice Administration Act as to checking committals -in default of payment of fine will be largely nullified. If, on the -other hand, a social system can be devised and maintained which -can facilitate the means of employment, while, at the same time, -maintaining sobriety at its present level, there would incidentally be -found in such measures the solution of the penal problem.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_231" id="Page_231">[Pg 231]</a></span></p> - - - - -<p class="ph2"><a name="APPENDIX_A" id="APPENDIX_A">APPENDIX (A)</a></p> - -<p class="center"><span class="u">BORSTAL INSTITUTIONS.</span></p> - -<p class="center">EXTRACT from the PREVENTION OF CRIME ACT, 1908. (8 Edw. 7, cap. 59).</p> - -<p class="center"><span class="smcap">Part I.</span></p> - -<p class="center"><span class="smcap">Reformation of Young Offenders.</span></p> - -<div class="sidenote">Power of court to pass sentence of detention in Borstal -Institution.</div> - -<p>(1) Where a person is convicted on indictment of an offence for which -he is liable to be sentenced to penal servitude or imprisonment, and it -appears to the court—</p> - -<blockquote> - -<p>(<i>a</i>) that the person is not less than sixteen nor more than -twenty-one years of age; and</p> - -<p>(<i>b</i>) that, by reason of his criminal habits or tendencies, or -association with persons of bad character, it is expedient that -he should be subject to detention for such term and under such -instruction and discipline as appears most conducive to his -reformation and the repression of crime;</p></blockquote> - -<p>it shall be lawful for the court, in lieu of passing a sentence of -penal servitude or imprisonment, to pass a sentence of detention under -penal discipline in a Borstal Institution for a term of not less -than<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a> one year nor more than three years:</p> - -<p>Provided that, before passing such a sentence, the court shall consider -any report or representations which may be made to it by or on behalf -of the Prison Commissioners as to the suitability of the case for -treatment in a Borstal Institution, and shall be satisfied that the -character, state of health, and mental condition of the offender, and -the other circumstances of the case, are such that the offender is -likely to profit by such instruction and discipline as aforesaid.</p> - -<p>(2) The Secretary of State may by order direct that this section shall -extend to persons apparently under such age not exceeding the age of -twenty-three as may be specified in the order, and upon such an order -being made this section shall, whilst the order is in force, have -effect as if the specified age were substituted for "twenty-one":</p> - -<p><span class="pagenum"><a name="Page_232" id="Page_232">[Pg 232]</a></span></p> - -<p>Provided that such an order shall not be made until a draft thereof -has lain before each House of Parliament for not less than thirty days -during the session of Parliament, and if either House, before the -expiration of that period, presents an address to His Majesty against -the draft or any part thereof, no further proceedings shall be taken -thereon, but without prejudice to the making of any new draft order.</p> - -<div class="sidenote">Application to reformatory school offences.</div> - -<p>2. Where a youthful offender sentenced to detention in a reformatory -school is convicted under any Act before a court of summary -jurisdiction of the offence of committing a breach of the rules of the -school, or of inciting to such a breach, or of escaping from such a -school, and the court might under that Act sentence the offender to -imprisonment, the court may, in lieu of sentencing him to imprisonment, -sentence him to detention in a Borstal Institution for a term not -less than<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a> one year nor more than three years, and in such case the -sentence shall supersede the sentence of detention in a reformatory -school.</p> - -<div class="sidenote">Power to transfer from prison to Borstal Institution.</div> - -<p>3. The Secretary of State may, if satisfied that a person undergoing -penal servitude or imprisoned in consequence of a sentence passed -either before or after the passing of this Act, being within the limits -of age within which persons may be detained in a Borstal Institution, -might with advantage be detained in a Borstal Institution, authorise -the Prison Commissioners to transfer him from prison to a Borstal -Institution, there to serve the whole or any part of the unexpired -residue of his sentence, and whilst detained in, or placed out on -licence from, such an institution, this Part of this Act shall apply to -him as if he had been originally sentenced to detention in a Borstal -Institution.</p> - -<div class="sidenote">Establishment of Borstal Institutions.</div> - -<p>4.—(1) For the purposes of this Part of this Act the Secretary of -State may establish Borstal Institutions, that is to say, places in -which young offenders whilst detained may be given such industrial -training and other instruction, and be subjected to such disciplinary -and moral influences as will conduce to their reformation and the -prevention of crime, and for that purpose may, with the approval of the -Treasury, authorise the Prison Commissioners either to acquire any land -or to erect or acquire any building or to appropriate the whole<span class="pagenum"><a name="Page_233" id="Page_233">[Pg 233]</a></span> or any -part of any land or building vested in them or under their control, and -any expenses incurred under this section shall be paid out of moneys -provided by Parliament.</p> - -<p>(2) The Secretary of State may make regulations for the rule and -management of any Borstal Institution, and the constitution of a -visiting committee thereof, and for the classification, treatment, -and employment and control of persons sent to it in pursuance of this -Part of this Act, and for their temporary detention until arrangements -can be made for sending them to the institution, and, subject to any -adaptations, alterations, and exceptions made by such regulations, the -Prison Acts, 1865 to 1898 (including the penal provisions thereof), and -the rules thereunder, shall apply in the case of every such institution -as if it were a prison.</p> - -<div class="sidenote">Power to release on Licence</div> - -<p>5.—(1) Subject to regulations by the Secretary of State, the Prison -Commissioners may at any time after the expiration of six months, -or, in the case of a female, three months, from the commencement -of the term of detention, if satisfied that there is a reasonable -probability that the offender will abstain from crime and lead a -useful and industrious life, by licence permit him to be discharged -from the Borstal Institution on condition that he be placed under the -supervision or authority of any society or person named in the licence -who may be willing to take charge of the case.</p> - -<p>(2) A licence under this section shall be in force until the term for -which the offender was sentenced to detention has expired, unless -sooner revoked or forfeited.</p> - -<p>(3) Subject to regulations by the Secretary of State, a licence under -this section may be revoked at any time by the Prison Commissioners, -and where a licence has been revoked the person to whom the licence -related shall return to the Borstal Institution, and, if he fails to do -so, may be apprehended without warrant and taken to the institution.</p> - -<p>(4) If a person absent from a Borstal Institution under such a licence -escapes from the supervision of the society or person in whose charge -he is placed, or commits any breach of the conditions contained in the -licence, he shall be considered thereby to have forfeited the licence.</p> - -<p>(5) A court of summary jurisdiction for the place where the Borstal -Institution from which a person has been<span class="pagenum"><a name="Page_234" id="Page_234">[Pg 234]</a></span> placed out on licence is -situate or where such a person is found may, on information on oath -that the licence has been forfeited under this section, issue a warrant -for his apprehension, and he shall, on apprehension, be brought before -a court of summary jurisdiction, which, if satisfied that the licence -has been forfeited, may order him to be remitted to the Borstal -Institution, and may commit him to any prison within the jurisdiction -of the court until he can conveniently be removed to the institution.</p> - -<p>(6) The time during which a person is absent from a Borstal Institution -under such a licence shall be treated as part of the time of his -detention in the institution: Provided that where that person has -failed to return to the institution on the licence being forfeited or -revoked, the time which elapses after his failure so to return shall be -excluded in computing the time during which he is to be detained in the -institution.</p> - -<p>(7) A licence under this section shall be in such form and shall -contain such conditions as may be prescribed by regulations made by the -Secretary of State.</p> - -<div class="sidenote">Supervision after expiration of term of sentence.</div> - -<p>6.—(1) Every person sentenced to detention in a Borstal Institution -shall, on the expiration of the term of his sentence, remain for a -further period of<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a>six months under the supervision of the Prison -Commissioners.</p> - -<p>(2) The Prison Commissioners may grant to any person under their -supervision a licence in accordance with the last foregoing section, -and may revoke any such licence and recall the person to a Borstal -Institution, and any person so recalled may be detained in a Borstal -Institution for a period not exceeding<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a>three months, and may at any -time be again placed out on licence:</p> - -<p>Provided that a person shall not be so recalled unless the Prison -Commissioners are of opinion that the recall is necessary for his -protection, and they shall again place him out on licence as soon as -possible<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a> and at latest within three months after the recall, and -that a person so recalled shall not in any case be detained after the -expiration of the said period of six months' supervision.</p> - -<p><span class="pagenum"><a name="Page_235" id="Page_235">[Pg 235]</a></span></p> - -<p>(3) A licence granted to a person before the expiration of his sentence -of detention in a Borstal Institution shall, on his becoming liable -to be under supervision in accordance with this section, continue in -force after the expiration of that term, and may be revoked in manner -provided by the last foregoing section.</p> - -<p>(4) The Secretary of State may at any time order that a person under -supervision under this section shall cease to be under such supervision.</p> - -<div class="sidenote">Transfer of incorrigibles, &c. to prison.</div> - -<p>7. Where a person detained in a Borstal Institution is reported to the -Secretary of State by the visiting committee of such institution to be -incorrigible, or to be exercising a bad influence on the other inmates -of the institution, the Secretary of State may commute the unexpired -residue of the term of detention to such term of imprisonment, with or -without hard labour, as the Secretary of State may determine, but in no -case exceeding such unexpired residue.</p> - -<div class="sidenote">Treasury contributions towards expenses of societies -assisting, &c. persons discharged from Borstal Institutions.</div> - -<p>8. Where a society has undertaken the duty of assisting or supervising -persons discharged from a Borstal Institution, either absolutely or -on licence, there may be paid to the society out of money provided by -Parliament towards the expenses of the society incurred in connection -with the persons so discharged such sums on such conditions as the -Secretary of State, with the approval of the Treasury, may recommend.</p> - -<div class="sidenote">Removal from one part of the United Kingdom to another.</div> - -<p>9. Where a person has been sentenced to detention in a Borstal -Institution in one part of the United Kingdom, the Secretary of State, -the Secretary for Scotland or the Lord Lieutenant of Ireland, as the -case may be, may, as authority under this Act for that part of the -United Kingdom, direct that person to be removed to and detained in a -Borstal Institution in another part of the United Kingdom, with the -consent of the authority under this Act for that other part.</p> - -<p><span class="pagenum"><a name="Page_236" id="Page_236">[Pg 236]</a></span></p> - - -<p class="center">EXTRACT FROM THE CRIMINAL JUSTICE ADMINISTRATION ACT, 1914 (4 & 5 Geo. -5, cap. 58).</p> - - -<p class="center"><i>Committals to Borstal Institutions.</i></p> - -<div class="sidenote">Power to send youthful delinquents to Borstal institutions</div> - -<p>10.—(1) Where a person is summarily convicted of any offence for which -the court has power to impose a sentence of imprisonment for one month -or upwards without the option of a fine, and—</p> - -<blockquote> - -<p>(<i>a</i>) it appears to the court that the offender is not less than -sixteen nor more than twenty-one years of age; and</p> - -<p>(<i>b</i>) it is proved that the offender has previously been convicted of -any offence or, that having been previously discharged on probation, -he failed to observe a condition of his recognizance; and</p> - -<p>(<i>c</i>) it appears to the court that by reason of the offender's -criminal habits or tendencies, or association with persons of bad -character, it is expedient that he should be subject to detention for -such term and under such instruction and discipline as appears most -conducive to his reformation and the repression of crime,</p></blockquote> - -<div class="sidenote">8 Edw. 7, c. 59.</div> - -<p>it shall be lawful for the court, in lieu of passing sentence, to -commit the offender to prison until the next quarter sessions, and the -court of quarter sessions shall inquire into the circumstances of the -case, and, if it appears to the court that the offender is of such age -as aforesaid and that for any such reason as aforesaid it is expedient -that the offender should be subject to such detention as aforesaid, -shall pass such sentence of detention in a Borstal institution as is -authorised by Part I. of the Prevention of Crime Act, 1908, as amended -by this Act; otherwise the court shall deal with the case in any way in -which the court of summary jurisdiction might have dealt with it.</p> - -<p>(2) A court of summary jurisdiction or court of quarter sessions, -before dealing with any case under this section, shall consider any -report or representations which may be made to it by or on behalf -of the Prison Commissioners as to the suitability of the offender -for such detention as aforesaid, and a court of summary jurisdiction -shall, where necessary, adjourn the case for the purpose of giving an -opportunity for such a report or representations being made.</p> - -<p><span class="pagenum"><a name="Page_237" id="Page_237">[Pg 237]</a></span></p> - -<p>(3) Where a person is committed to prison under this section, his -treatment in prison shall, so far as practicable, be similar to that in -Borstal institutions, or he may, if the Secretary of State so directs, -be transferred to a Borstal institution.</p> - -<div class="sidenote">8 Edw. 7 c. 15.</div> - -<p>(4) The Costs in Criminal Cases Act, 1908, shall apply in the case -of a person committed to prison by a court of summary jurisdiction -under this section as if that person were committed for trial for an -indictable offence.</p> - -<p>(5) A person sentenced by a court of quarter sessions under this -section to detention in a Borstal institution may appeal against the -sentence to the Court of Criminal Appeal as if he had been convicted on -indictment, and the provisions of the Criminal Appeal Act, 1907, shall -apply accordingly.</p> - -<div class="sidenote">7 Edw. 7 c. 23.</div> - -<p>(6) This section shall come into operation on the first day of -September nineteen hundred and fifteen.</p> - -<div class="sidenote">Amendment and application of Part I. of the Prevention of -Crime Act, 1908.</div> - -<p>11.—(1) The term for which a person or youthful offender may be -sentenced to detention in a Borstal institution under section one or -section two of the Prevention of Crime Act, 1908, shall not be less -than two years, and accordingly "two years" shall be substituted -for "one year" in subsection (1) of section one and in section two -respectively of that Act.</p> - -<p>(2) The period for which a person sentenced to detention in a Borstal -institution is on the expiration of the term of his sentence to remain -under the supervision of the Prison Commissioners shall be one year, -and accordingly "one year" shall be substituted for "six months" in -subsection (1) of section six of the same Act.</p> - -<p>(3) The maximum period for which a person so under the supervision of -the Prison Commissioners may on recall to a Borstal institution be -detained in such an institution shall be one year, and he may be so -detained notwithstanding that the period of supervision has expired, -and accordingly "one year" shall be substituted for "three months" in -subsection (2) of section six of that Act.</p> - -<p>(4) The provisions of Part I. of the Prevention of Crime Act, 1908, as -so amended, shall apply to persons sentenced to detention in a Borstal -institution under this Act in like manner as they apply to persons -sentenced under that Part of that Act.</p> - - - -<div class="footnotes"><p class="ph3">FOOTNOTES:</p> - -<div class="footnote"> - -<p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> Altered to two years (vide Sec. 11 (1), C.J.A. Act, 1914).</p></div> - -<div class="footnote"> - -<p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> Altered to two years (vide Sec. 11 (1), C.J.A. Act, 1914).</p></div> - -<div class="footnote"> - -<p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> Altered to one year, (vide Sec. 11 (2), C.J.A. Act, 1914).</p></div> - -<div class="footnote"> - -<p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> " " one year, (" " 11 (3), " " ").</p></div> - -<div class="footnote"> - -<p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> The passage from "and at latest" to "six months -supervision" repealed by C.J.A. Act, 1914.</p></div></div> - - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_238" id="Page_238">[Pg 238]</a></span></p> - -<p class="ph2"><a name="BORSTAL_INSTITUTIONS" id="BORSTAL_INSTITUTIONS">BORSTAL INSTITUTIONS</a></p> - -<p class="center">FOR</p> - -<p class="center">MALES AND FEMALES.</p> - -<blockquote> - -<p>Regulations made by the Secretary of State under Section 4 (2) of the -Prevention of Crime Act, 1908.</p></blockquote> - -<p class="center"><i>Grades</i>.</p> - - -<p>1. Persons sentenced to detention under Penal discipline in a Borstal -Institution, or transferred for the purpose of such detention under -Section 3 of the Act, shall be divided into grades, proceeding from the -Ordinary to the Special Grade, where promotion is justified by industry -and good conduct. Failing that, inmates may be degraded or forfeit any -privileges of their Grade, or be reduced to the Penal Class.</p> - -<p>2. Promotion will be regulated by the close personal observation of the -inmates, attention being specially paid to their general behaviour, -their amenability to discipline, and their attention to instruction, -both literary and industrial.</p> - -<p>3. There will be an ascending scale of privileges enjoyed by inmates as -they pass from one Grade to another.</p> - -<p>4. Inmates may be placed in the Penal Class by order of the Governor -if believed by him to be exercising a bad influence, but no inmate -shall be detained in it longer than is necessary in the interests of -himself or others. While in the Penal Class, inmates shall be employed -in separation at work of a hard and laborious nature and wear a special -dress.</p> - -<p><span class="pagenum"><a name="Page_239" id="Page_239">[Pg 239]</a></span></p> - -<p>5. Promotion in the early stages will be decided by the Governor, on -the report of the party officers. Promotion to the Probationary and -Special Grades will be by the selection of a Board, to be called the -Institution Board (composed of such officers of the Institution as -the Prison Commissioners may select), at their monthly meeting, but -inmates shall not be promoted unless the Board are satisfied that they -deserve it, and they shall not be retained in either Grade, should it -be considered necessary to remove them for any good reason.</p> - -<p>Inmates may qualify for the Probationary Grade after passing nine -months in the lower Grades in the case of males, and twelve months in -the case of females.</p> - -<p>6. Well-conducted inmates in the Special Grade may be selected by the -Governor for work in places of trust and confidence on the farm or -elsewhere, may be placed on parole, and may perform their work under -such conditions for custody and supervision as he may think fit.</p> - -<p>7. Inmates in the Special Grade, in addition to other privileges, will -wear, in addition to a distinctive dress, a good conduct badge for -every three months passed in the Special Grade. For every such badge -they may be allowed a small money payment, which may be devoted to the -purchase of approved objects, or sent to their relations.</p> - -<p>8. They may also be specially selected for the duties of monitors, -and will assist in the administration of the Establishment in various -capacities, and will be known as the "Star Special" Grade.</p> - -<p>9. The Visiting Committee shall consist of not less than six persons -appointed by the Secretary of State. They shall hold office for such -period not exceeding three years as may be fixed by the Secretary of -State. They may exercise all such powers as are given to the Visiting -Committees by the rules for the Government of Local Prisons made under -the Prison Act, 1898.</p> - -<p>10. As soon as any person is sentenced to detention in a Borstal -Institution, arrangements shall be made for his removal thither, and -until such arrangements can be made, he will be specially located and -segregated in the prison of the district whence he was committed, -and be subject to the Prison Rules for offenders sentenced to -imprisonment without hard labour: provided that where, owing to lack -of accommodation in the Borstal Institutions, immediate arrangements -cannot be made for the removal of any person so sentenced to any -Borstal Institution, the Prison Commissioners may temporarily locate -such person in a prison where training similar to that given in Borstal -Institutions is being given to a class of Juvenile-Adult prisoners; -and any person so located shall not be allowed to associate with any<span class="pagenum"><a name="Page_240" id="Page_240">[Pg 240]</a></span> -prisoners except members of the Juvenile-Adult class, and shall be -removed to a Borstal Institution as soon as accommodation is available.</p> - -<p>11. Gratuities shall be placed to the credit of inmates, and shall be -expended in assisting them on discharge.</p> - -<p>12. When the Institution Board, having closely examined into the -character and conduct of an inmate, and being satisfied, after -communication with any society or person interested in the case, that -there is a reasonable probability (1) that he will lead a useful and -industrious life and abstain from crime, and (2) that employment will -be found for him, may at any time, always provided that he has served -not less than six months of his sentence, or three months in the case -of females, submit the case to the Visiting Committee who, if they -think fit, may thereupon recommend to the Prison Commissioners that he -be discharged from the Institution on licence.</p> - -<p>13. Special provision will be made for the discharge on licence of each -inmate by arrangement with benevolent societies or persons who may -be willing to assist the case on discharge. Full information will be -afforded, and help given, to such societies or persons with the object -of securing a continuous and well-directed supervision of the case, -both at the moment of discharge and afterwards at the home or place to -which the inmate goes. Every encouragement will be given to preliminary -visitation in the Institution before discharge, in order that the -Society or individual may have a personal knowledge of the inmate, and -be in possession of the views of the authorities of the Institution -concerning him.</p> - -<p>14. If the Prison Commissioners are satisfied that an inmate who has -been released on licence has escaped from the supervision of the -Society or person under whose care he has been placed, or has been -guilty of serious and wilful breach of the conditions of his licence, -and that the case cannot be dealt with by admonition and warning, they -may revoke the licence in pursuance of Section 5 (3) of the Act.</p> - -<p>15. Inmates whose licences have been revoked under Section 5 (3), or -forfeited under Section 5 (4) of the Act, may be detained in the Penal -Class for such length of time as the Institution Board shall deem -it necessary, having regard to all the circumstances of the case or -they may be placed in the Ordinary Grade, but shall not be promoted -therefrom except with the approval of the Prison Commissioners.</p> - -<p>16. The Form of Licence under Section 5 (1) and of Revocation under -Section 5 (3) of the Act shall be in the form of the Schedules appended -hereto.</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_241" id="Page_241">[Pg 241]</a></span></p> - - - - -<p class="ph2"><a name="SCHEDULE_A" id="SCHEDULE_A"><span class="u">SCHEDULE A.</span></a></p> - -<p class="center"> -PREVENTION OF CRIME ACT, 1908. <i>No.</i><br /> - -(8 Edw. 7. Ch. 59.)<br /> - -CRIMINAL JUSTICE ADMINISTRATION ACT, 1914.<br /> - -(4 & 5 Geo. 5, Ch. 58.)</p> - -<p style="margin-top: 5em;" class="center"> <span class="smcap">Order for Discharge on Licence from a Borstal Institution.</span></p> - -<blockquote> -<p> -<span style="margin-left: 45%;">PRISON COMMISSION,</span><br /> -<br /> -<span style="margin-left: 50%;"><span class="smcap">Home Office, Whitehall</span>,</span><br /> -<br /> -<span style="margin-left: 55%;">...... day of ...... 19..</span> -<br /> -<br /> - - -The Prison Commissioners, in pursuance of the powers conferred -upon them by the Prevention of Crime Act, 1908, do by this Licence -permit ......, who at the -...... held at ...... on the ...... of -......, 19.., for the ...... of ...... -was convicted of ...... and was sentenced to -detention in a Borstal Institution for a term of ...... years, and is -now detained in the Institution at ......, to be discharged -from the said Institution within thirty days from the date hereof on -condition that he places himself under the care, supervision and -authority of the Honorary Director of the Borstal Association, until -the expiration of his sentence on the ...... of ...... 19.., and -during the further period of one year for which he is liable by the -said Act to remain under supervision, namely until the ...... day of -...... 19.., unless the Prison Commissioners sooner revoke -or alter this Licence. -<br /> -<br /> -This Licence is granted subject to the conditions endorsed -hereon, upon the breach of any of which it will be liable to be -revoked or forfeited. -<br /> -<br /> -<span style="margin-left: 55%;"><i>Secretary, Prison Commission.</i></span> -</p> -</blockquote> - - - -<p><span class="pagenum"><a name="Page_242" id="Page_242">[Pg 242]</a></span></p> - - -<p class="center"><span class="smcap">Conditions.</span></p> - -<p>1. The Licensee shall proceed to 15, Buckingham Street, Strand, W.C. -and shall not without the consent of the Society or person under whose -charge he has been placed, remove from that place or such other place -as may be named by the Society or person.</p> - -<p>2. He shall obey such instructions as he may receive with regard to -punctual and regular attendance at employment or otherwise; he shall -report himself periodically, either personally or by letter, if -required to do so; he shall not change his address without permission.</p> - -<p>3. He shall abstain from any violation of the law, shall not associate -with persons of bad character, and shall lead a sober and industrious -life to the satisfaction of the Borstal Association.</p> - - -<p><span class="smcap">Attention is directed to the following Provisions of "The -Prevention of Crime Act, 1908."</span></p> - -<p>Section 5. (3) A licence under this section may be revoked at any time -by the Prison Commissioners, and where a licence has been revoked -the person to whom the licence related shall return to the Borstal -Institution, and if he fails to do so may be apprehended without -warrant and taken to the Institution.</p> - -<p>(4) If a person absent from a Borstal Institution under such a licence -escapes from the supervision of the Society or person in whose charge -he is placed, or commits any breach of the conditions contained in the -licence, he shall be considered thereby to have forfeited the licence.</p> - -<p>(6) The time during which a person is absent from a Borstal Institution -under such a licence shall be treated as part of the time of his -detention in the Institution; provided that where that person has -failed to return to the Institution on the licence being forfeited or -revoked, the time which elapses after his failure so to return shall be -excluded in computing the time during which he is to be detained in the -Institution.</p> - -<hr class="tb" /> - -<p>I hereby acknowledge that I am aware of the above-named conditions, -&c., which have been explained to me.</p> - -<p> -<span style="margin-left: 0.5em;"><i>Inmate.</i></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;"><i>Governor.</i></span><br /> -</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_243" id="Page_243">[Pg 243]</a></span></p> - - - - -<p class="ph2"><a name="SCHEDULE_B" id="SCHEDULE_B"><span class="u">SCHEDULE B.</span></a></p> - -<p class="center">PREVENTION OF CRIME ACT, 1908, (8 Edw. 7, Ch. 59.)<br /> - -CRIMINAL JUSTICE ADMINISTRATION ACT, 1914.<br /> - -(4 & 5 Geo. 5, Ch. 58.)</p> - -<p> -<span style="margin-left: 55%;">No.</span></p> - -<p class="center"><span class="smcap">Order of Revocation of Licence for Discharge<br /> -from Borstal Institution.</span> -</p> -<blockquote> -<p> -Whereas by Licence bearing date the ...... day of -...... 19.., you ..... -being a person under sentence of detention in the -Borstal Institution, were duly licensed to the care of the Honorary -Director of the Borstal Association, of 15, Buckingham Street, -Strand, in the County of London, for the period of ...... months, -...... days, from ...... the Prison Commissioners do -hereby revoke the said Licence from the date hereof, and require you -the said ...... forthwith to return to the Institution at ...... -<br /> -<br /> -<span style="margin-left: 10%;">Given under my hand this ...... day of ...... 19..</span><br /> -<br /> -<br /> -<span style="margin-left: 55%;"><i>Secretary.</i></span><br /> -</p> -</blockquote> -<hr class="tb" /> - -<p><span class="smcap">Note.</span>—A person failing to return to a Borstal Institution on -revocation of his Licence may be apprehended without warrant and be -taken to the Institution.</p> - -<p>(<i>See</i> Section 5 (3) of the Prevention of Crime Act, 1908.)</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_244" id="Page_244">[Pg 244]</a></span></p> - - - - -<p class="ph2">MEMORANDUM TO GOVERNORS, MALE BORSTAL INSTITUTIONS.</p> - - -<p>The following arrangements for carrying out the Borstal System have -been arrived at after a series of experiments lasting over twelve -years. Conferences have been held from time to time among the various -Governors and others who have been charged with the carrying of the -System into effect and it is believed that these arrangements will -fulfil the object at which they aim, <i>viz</i>:—the due instruction and -reclamation of Borstal inmates by the means suggested—physical, -mental, and moral.</p> - -<p>The System aims at an intellectual, physical, and moral improvement and -development of each inmate. The first will be secured by a carefully -arranged educational system appropriate to the needs of each. The -second by a methodical system of labour, which shall be, as far as -possible, of an interesting and instructive kind analogous to the day -of a free workman in full employment. Drill and Gymnastics for the -bodily development of inmates will be a leading feature of the System. -Education and labour well organized will thus largely contribute to -the "disciplinary and moral influences" referred to in Section 4 of -the Act. There will be, in addition, the moral precept and example -of the Staff, superior and subordinate. Each and all have a great -trust confided to them, which is to raise the young offender, by -personal influences and wise exhortation, to a due sense of duties -and responsibilities as a law-abiding citizen. The System will rest -primarily on good discipline, firmly but kindly administered. In the -obedience which follows from this is the beginning of moral improvement -This being secured, the System admits a wide latitude for trust and -confidence in the later stages, whence will spring the sense of honour -and self-respect. When this sentiment has been inculcated, the purpose -of the Act may be said to be fulfilled, namely, the reformation of -the offender, and, incidentally, the repression of crime, for if the -criminal habit be arrested at the beginning, the supply of criminals in -the later stages of their career is effectively stopped.</p> - -<p><span class="pagenum"><a name="Page_245" id="Page_245">[Pg 245]</a></span></p> - -<p>1. The Borstal course in future will be as follows:—</p> - -<p> -<span style="margin-left: 0.5em;">(a) the Ordinary Grade—3 months.</span><br /> -<span style="margin-left: 0.5em;">(b) the Intermediate Grade—6 months: divided into two Sections A & B.</span><br /> -<span style="margin-left: 0.5em;">(c) the Probationary Grade,</span><br /> -<span style="margin-left: 0.5em;">(d) the Special Grade, and</span><br /> -<span style="margin-left: 0.5em;">(e) the Star Special Grade.</span><br /> -</p> - -<p>The Penal Grade will be known, in future, as the Penal <i>Class</i>, so as -to avoid confusion with other Grades.</p> - -<p>2. Inmates in the Ordinary Grade will work in association during -the day, but in order to prevent lads in this stage being kept for -unduly long periods in separate confinement, arrangements will be -made by which inmates shall not retire to their rooms until late in -the evening. Education will take place in the evening as furnishing -an opportunity for bringing the lads out of their rooms, or, failing -this, some other means will be devised. Inmates in this Grade will go -through the ordinary course of physical exercises and drill, but will -be debarred from the privileges which can be earned later of games, &c. -It is obvious that the period passed in the Ordinary Grade will furnish -the opportunity for special observation and attribution to later -employment, &c.</p> - -<p>3. The system of awarding marks to indicate progress through and out -of the Grade will be discontinued. The award of gratuity will also be -abolished, but a sum of £1 will be paid to the Borstal Association -for each inmate released, for the purpose of providing assistance to -inmates on discharge. The inmates will be divided into Divisions, and a -Tutor will be allocated to each.</p> - -<p>He will act, so to speak, as the Headmaster of a Division, and will be -responsible for advising the Governor as to the conduct, character, -and progress of each individual lad. No lad will be passed out of the -Ordinary Grade unless the Governor is satisfied, after consultation -with the Tutor, the Principal and the Party Officers, that his conduct -and industry are such as to merit advancement. The conduct will be -recorded weekly in a Register kept for the purpose, for which the -Principal Officer of the Division will be responsible. The Instructor -or Party Officer will be supplied with pocket registers in which -notes will be made containing anything of importance concerning the -character, demeanour, and industry of the lad. These will be collected -by the Principal Officer of the Division and brought before the Tutor -or head of the Division, and will, as stated, furnish the Governor with -the opportunity of making his decision as to the advancement of the lad -out of the Ordinary Grade.</p> - -<p>4. A lad on passing out of the Ordinary Grade will pass into the -Intermediate Grade 'A'. He will then have the privilege of<span class="pagenum"><a name="Page_246" id="Page_246">[Pg 246]</a></span> meals in -association, and he may associate on Saturday afternoons and Sundays, -during which time talking may be allowed, and games, such as chess and -draughts, may be played in the corridor. After remaining for three -months in this Grade, he will pass into the Intermediate Grade 'B,' -where he will be allowed to play games in the open air.</p> - -<p>5. After completing three months in Intermediate Grade 'B', inmates -should be eligible for the Probationary Grade, but no inmate will be -passed into the Probationary Grade except after formal consideration -of his case by the Institution Board. No inmate will pass out of the -Probationary Grade except on special certificate of the Institution -Board that he has profited by his training and can safely be trusted -with the liberties and privileges of the Special Grade. There will -be no automatic passage to the Special Grade, which will consist -only of those who have proved their fitness for consideration and -distinction, and in whose case a reasonable hope exists that they may -be fit subjects for conditional release. Release will be regulated by -Instruction No. 22.</p> - -<p>6. The Division under the leadership of the Tutor will be organized in -such a way that competition between Sections may stimulate a healthy -rivalry and competition, which can be proved in different ways, <i>e.g.</i> -by proficiency on parade, or by games in the open air, or by literary -or artistic competitions, or any other way that may be devised. The -object of this organization is to furnish means for dividing the -Establishment into separate sections and promoting healthy rivalry -between each, and to establish a close personal relation between the -head of the Division and every individual in it.</p> - -<p>7. The Penal Class will be separately located and clothed in ordinary -prison dress. They will be specially employed on hard manual or bodily -labour. Failing such employment on the land in any capacity, they will -be employed on the penal forms of labour already in existence, <i>i.e.</i>, -grain-grinding or stonebreaking.</p> - -<p>8. In order to furnish a still further stimulus, a Star Special Grade -will be introduced. To this could be admitted lads who had shown -special proficiency as Captains of Companies or as Monitors in the -Halls. It is proposed to introduce gradually the monitorial system by -which lads would be placed in charge of sections both in the Halls -and on the Parade Ground, and at games. Specially proficient lads -might even supervise parties at labour, &c. Where this character and -proficiency is shown, promotion will be made to the Star Special Grade. -A distinctive article of dress will be worn, but these details will be -worked out by each Governor on the spot, after observing the general -operation of the System.</p> - -<p><span class="pagenum"><a name="Page_247" id="Page_247">[Pg 247]</a></span></p> - -<p>9. Labour parties, and numbers assignable to each, will be strictly -and definitely prescribed. Selection will be made for instruction in -special trades, and for distribution of the remaining strength, as -shall be arranged by the Governor.</p> - -<p>It will be clearly understood that there will be no casual distribution -of labour in unauthorized parties. Every lad assigned to a definite -employment for due observation will be maintained in that employment -until specially removed, and will not be employed on any other. For -any incidental work which may become necessary, labour and staff will -be provided by special arrangement from one of the existing parties. -One of the principal complaints against the System has been that the -parties and officers have been constantly shifted. This will no longer -be the case.</p> - -<p>10. The Staff will be divided first of all into a main labour shift, -which will be on duty day after day with the inmates during labour -hours; and a domestic shift which will do duty from early morning till -mid-day, and from mid-day till the closing of the Institution. This -morning and evening duty will alternate from day to day. Appointments -to fill vacancies in the staff will be to the Domestic shift. While -serving in the Domestic shift they will be able to perform the duties -allotted to them and acquire a sufficient knowledge of the work and -objects of the Institution so as to enable them in time to pass into -the main labour shift. The Probationers thus selected for service -at Borstal Institutions will not pass through the Prison Officers' -Training School. They will be specially instructed as to their duties -on joining by the Governor, the Chaplain, the Medical Officer, and the -Tutors, but this will take the place of the ordinary training, and -they will be liable to report at the end of four months as to their -fitness for Borstal work, and again at the end of their twelve months' -probation. Great care will be taken not to pass for permanent service -in a Borstal Institution any officer who does not show a special zeal, -aptitude and interest for the duties entrusted to him.</p> - -<p>11. It has been decided that a change shall be made in the title of -Borstal Officers. They will be known as Borstal Officers simply. The -Governor will be assisted in his daily duties by the Tutors, whose -functions are detailed in paragraph 3. These Tutors (who will be -members of the Institution Board) will have the rank of Acting Deputy -Governor with all the powers of Deputy Governors and will be in charge -of the Establishment in the absence of the Governor.</p> - -<p>The head of the executive staff will be known as Chief of Staff, the -Principal Warders as "Principal Officers" and others as ordinary -"Officers", and they will wear Uniform different from that of a Prison -Warder. The Chief of Staff will be the medium of communication between -the Principal Officers and the Governor.<span class="pagenum"><a name="Page_248" id="Page_248">[Pg 248]</a></span> The Chief of Staff will, of -course, have no power of adjudication, and every matter reported to -him by Principal Officers as heads of sections will be reported to the -Governor for such action as the Governor may order.</p> - -<p>12. The object of the system is to individualize, and this can only be -done with the cordial co-operation of the Tutors, whose time will be -devoted to the careful observation of each inmate coming within their -command. Subject, of course, to the general authority and supervision -of the Chaplain, the Tutors will, in addition to their other duties, -be responsible for the organisation of the Education of inmates in the -lower and higher stages. Elementary Education will, as a rule, be left -in the hands of the Schoolmasters, provided for this purpose, but the -Tutors will themselves superintend and conduct the Higher and Technical -Education in conformity with the Syllabus laid down.</p> - -<p>13. It is not necessary to fill in this sketch of the system to be -aimed at in greater detail. The problem of the best system to adopt -for the handling, treatment and the reclamation of these lads can -only be arrived at after much experience. Governors will have a free -hand in experimental work, and will at their respective Institutions -work out the system as best they can, with the co-operation of an -efficient staff. Details as to hours of duty etc. are matters which can -generally be arranged by discussion between the Governor and his staff. -Officers will understand that the Borstal System is a very peculiar -and difficult problem, and that the administration of it differs -essentially from that of ordinary prisons. They will, I feel sure, -co-operate heartily with any scheme which the Commissioners may decide -is necessary for the full efficiency of the system.</p> - -<p> -<span style="margin-left: 0.5em;">E. RUGGLES-BRISE.</span><br /> -</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_249" id="Page_249">[Pg 249]</a></span></p> - - - - -<p class="ph2"><a name="Instructions_for_carrying_out_the_Regulations_under_the_Prevention_of" id="Instructions_for_carrying_out_the_Regulations_under_the_Prevention_of">Instructions for carrying out the Regulations under the Prevention of -Crime Act, 1908.</a></p> - - -<p class="center">MALES.</p> - -<p>1. All inmates on reception will be placed in the Ordinary Grade when -they will pass by Progressive Stages through a Probationary to a -Special Grade.</p> - - -<p class="center"><i>Ordinary Grade.</i></p> - -<p>2. An inmate will remain in the Ordinary Grade for at least three -months, and will be employed on domestic service.</p> - -<p>No Association at meals: no conversation.</p> - -<p>During this period he will be carefully observed by the whole staff as -to his character, mentality, and fitness for a special trade.</p> - -<p>One letter on reception. One letter and one visit (30 minutes), or -letter in lieu.</p> - - -<p class="center"><i>Intermediate Grade "A".</i></p> - -<p>3. At least three months: placed in a trade suitable to his individual -taste and capacity. Meals in association. No games in evening. Games on -Saturday. Two letters and one visit (40 minutes) or letter in lieu.</p> - - -<p class="center"><i>Intermediate Grade "B".</i></p> - -<p>4. At least three months: Games on Saturday out of doors. Weekly -newspapers. Two letters and two visits (40 minutes) or letters in lieu.</p> - - -<p class="center"><i>Probationary Grade.</i></p> - -<p>5. To be selected by the Institution Board. Meals in association. Games -in association in evening inside. Games in playing fields on Saturday -afternoon and evening if possible. Daily newspapers. One letter and one -visit (40 minutes) or letter in lieu every fortnight.</p> - -<p><span class="pagenum"><a name="Page_250" id="Page_250">[Pg 250]</a></span></p> - -<p>6. To be selected by the Institution Board. May be employed without -supervision in Honour parties. Badge money may be earned by exemplary -conduct as follows:—</p> - - - - -<p> -<span style="margin-left: 0.5em;">5/- after 3 months</span><br /> - -<span style="margin-left: 0.5em;">7/6 " 6 "</span><br /> - -<span style="margin-left: 0.5em;">10/- " 9 "</span><br /> - -<span style="margin-left: 0.5em;">10/- every 3 months after.</span><br /> -</p> - -<p>The Badge money awarded every 3 months may be spent by inmates on -approved objects, or sent to their relations. A special room will be -provided as a club room for reading, writing, &c. One letter and one -visit (50 minutes) or letter in lieu every fortnight.</p> - - -<p class="center"><i>Star Special Grade.</i></p> - -<p>7. When an inmate in the Special Grade appears, after close -observation, to satisfy the Governor by his general demeanour and -efficiency, that he can be safely placed in a position of special -trust, he may be promoted to what will be known as the Star Special -Grade, and wear a distinctive dress.</p> - -<p>Such inmates may act as Monitors in different capacities, and may -be placed in authority over other inmates on parade or in the Halls -or common room, and other situations where they can assist the -administration in various capacities.</p> - - -<p class="center"><i>Penal Class.</i></p> - -<p>8. Where an inmate is believed to be exercising a bad influence, he -shall be placed by the Governor in the Penal Class, for such time as -the Governor considers necessary in the interest of the inmate himself, -or others. While in the Penal Class, an inmate will be employed in -separation on hard and laborious work, and will forfeit all privileges. -The Governor will record in his journal particulars of every case -ordered by him to be placed in the Penal Class, with the reasons for -the same, and stating the period during which an inmate is so retained. -The inmate will not be restored to the Special Grade without passing -through a period of probation in the Ordinary Grade, of such duration -as the Governor may determine.</p> - - -<p class="center"><i>Education.</i></p> - -<p>9. There will be a Board of Education, over which the Chaplain will -preside. It will be the authority to consider all questions<span class="pagenum"><a name="Page_251" id="Page_251">[Pg 251]</a></span> connected -with the education of inmates, and will decide, as the result of -examination, into which Grade each inmate shall be placed on reception.</p> - -<p>10. The education of inmates will be classified as follows:—</p> - -<blockquote> - -<p>(1) Elementary.—Such inmates as are found on reception not to have -profited sufficiently by the teaching received in Public Elementary -Schools to pass out of Grade III of the National Code.</p> - -<p>(2) Progressive.—Those who can pass out of that Stage, and are fit -subjects for higher Grades.</p> - -<p>(3) Technical.—Inmates engaged in the technical trade</p></blockquote> - -<p>(1) <span class="smcap">Elementary Education.</span>—The standard aimed at may be -broadly defined as follows, <i>viz</i>.:—"the ability to write a letter -such as is needed by a workman applying for employment, and such -arithmetic as a workman needs for the ordinary purpose of daily -life, including checking his wages." Such a Standard is practically -represented by Grade III of the National Code, <i>viz</i>.:—</p> - -<p> -<span style="margin-left: 0.5em;"><span class="smcap">WRITING</span>:—</span><br /> -<span style="margin-left: 0.5em;">Simple Spelling rules.</span><br /> -<span style="margin-left: 0.5em;">Simple Composition.</span><br /> -<span style="margin-left: 0.5em;">Reconstruction of easy stories.</span><br /> -<span style="margin-left: 0.5em;">Easy letter writing.</span><br /> -<span style="margin-left: 0.5em;">Dictation.</span><br /> -<br /> -<span style="margin-left: 0.5em;"><span class="smcap">ARITHMETIC</span>:—</span><br /> -<span style="margin-left: 0.5em;">4 simple rules.</span><br /> -<span style="margin-left: 0.5em;">4 compound rules (money & easy weights & measures).</span><br /> -<span style="margin-left: 0.5em;">Introduction to decimal system.</span><br /> -<span style="margin-left: 0.5em;">Simple fractions.</span><br /> -</p> - -<p>All inmates not qualified to pass from that Grade shall receive -Education during the first three months of their sentence, at such -times and in such classes as the Board of Education, created by -Instruction 9, shall decide; and such period may be extended in any -special case where the Board is of opinion that it would be to the -advantage of an inmate that this should be done.</p> - -<p>Where an inmate obviously fails to profit by instruction, and there may -be reason to think that this may be due to physical or mental causes, -he will be specially examined by the Medical Officer, and such steps -will be taken on his report as may be deemed suitable to meet the -special circumstances of the case.</p> - -<p><span class="pagenum"><a name="Page_252" id="Page_252">[Pg 252]</a></span></p> - -<p>(2) <span class="smcap">The Progressive Class</span> will consist of all those -inmates who have passed through a period of Elementary instruction. -Arrangements will be made by the Board of Education for such inmates to -attend Evening School at such times, and for such objects as they may -decide.</p> - -<p>(3) <span class="smcap">Technical Classes.</span>—The syllabus will consist of Technical -Mathematics and Drawing, and though specially suited to inmates in the -Technical Trades, the subjects will form a basis for any lad desirous -of improving his knowledge on those lines.</p> - -<p>11. In addition to the times set apart for these respective Classes, -there will be a Silent Hour for private study, for which a period of -absolute silence for one hour daily will be introduced throughout the -Institution, during which time all inmates will be engaged in the study -of educational or trade matter. It is considered that organized private -study is the most satisfactory way of securing that inmates shall not -be locked in their rooms until late in the evening.</p> - -<blockquote> - -<p> The objects of the Silent Hour are:—</p></blockquote> - -<p>(1) To provide opportunity (a) for the working of tasks set by the -Schoolmasters; (b) for inmates to study their trade text books and -prepare notes from the same;</p> - -<p>(2) To occupy the minds of the inmates in a profitable manner.</p> - -<p>(3) To inculcate habits of studious application in order that the -benefits of mental concentration and self-control may become apparent.</p> - -<p>12. It will be seen that a great responsibility is incumbent on the -Education Board in arranging the details of Education on these lines. -It will be the duty of the Governor, acting on the advice of the -Chaplain and Tutors, to arrange the details of each Class, consistently -with the general needs of the Establishment and the convenience of -the staff; and it is only by a real and hearty co-operation between -all members of the educational staff that the object of the system -can be attained, <i>viz</i>.:—in the first place, to raise the ignorant -and illiterate to such a standard of education as will enable them -to compete with the ordinary conditions of life on discharge; and, -secondly, to furnish opportunity to write intelligent English, and to -rise not only to the higher educational grades, but to obtain special -technical knowledge in the particular trades to which their faculties -are applied.</p> - -<p>13. In addition to the ordinary educational curriculum, it will be the -duty of the Education Board, subject to the authority of the Governor, -to organize a regular system of Lectures or Addresses, on<span class="pagenum"><a name="Page_253" id="Page_253">[Pg 253]</a></span> such -subjects as, in their opinion, are calculated to increase knowledge, to -widen outlook, and to inspire by example, <i>e.g.</i>, readings from history -or biography. They may, in addition, organize Debating Societies, where -inmates can themselves take part in discussion on selected subjects. -It is considered that Debating Societies might be a great advantage to -the Institution. The advice of the Chaplain Inspector will always be -available for the organization of the conduct of such Societies. They -may also arrange for the formation of Singing or Choral Classes.</p> - - -<p class="center"><i>Offences and punishments.</i></p> - -<p>14. No punishment or privation of any kind shall be awarded to an -inmate by any officer of the institution except the Governor, or, in -his absence, the officer appointed to act for him.</p> - -<p>15. An inmate shall be guilty of an offence against the discipline of -the institution if he:—</p> - -<blockquote> - -<p>(1) Disobeys any order or rule.</p> - -<p>(2) Treats an officer with disrespect.</p> - -<p>(3) Is idle or careless at work.</p> - -<p>(4) Is irreverent at Divine Service or Prayers.</p> - -<p>(5) Uses bad language, or threats.</p> - -<p>(6) Is indecent in language, act or gesture.</p> - -<p>(7) Strikes or behaves in a provoking way to another inmate.</p> - -<p>(8) Makes a disturbance by singing, whistling or shouting.</p> - -<p>(9) Does any damage.</p> - -<p>(10) Has in his room, or cubicle, or dormitory, or in his pockets or -clothes, anything he has not been given leave to have. Nothing found -on the works, or on the farm, may be picked up and kept.</p> - -<p>(11) Receives anything from any other inmate, or gives anything to any -inmate without leave.</p> - -<p>(12) Misbehaves himself in any other way.</p></blockquote> - -<p>16. The Governor may examine any person touching any alleged offence -against the discipline of the institution, and determine thereupon and -punish the offence.</p> - -<p>17. In addition to the power vested in the Governor for ordering an -inmate to be placed in the Penal Class (Instruction 8), the above -offences may be punished by him in the following way:—</p> - -<p><span class="pagenum"><a name="Page_254" id="Page_254">[Pg 254]</a></span></p> - -<blockquote> - -<p>(1) In the deprivation of any privileges; or</p> - -<p>(2) In the manner prescribed by Prison Rules.</p></blockquote> - -<p>18. If an inmate is charged with any serious or repeated offence for -which the punishment the Governor is authorized to inflict is deemed -insufficient, he shall be brought before the Visiting Committee, or -one of them, who, in addition to any power vested in the Governor, -may order, such punishment as is prescribed by Prison Pules; or, in -the exercise of their discretion, may report him to the Secretary of -State as incorrigible, or exercising a bad influence, with a view to -commutation to a sentence of imprisonment under Sec. 7 of the Act of -1908.</p> - -<p>19. While under No. 2 diet, the inmate will be employed in separation -on outdoor work, to be tasked with due regard to the dietary scale.</p> - -<p>20. If any inmate is charged with:—</p> - -<blockquote> - -<p>(1) Mutiny or incitement to mutiny,</p> - -<p>(2) Gross personal violence to any officer or servant of the -Institution,</p></blockquote> - -<p>the Visiting Committee have the power within the provisions of the -Prison Act, 1898, to order corporal punishment in addition to, or in -lieu of, their other powers of punishment.</p> - -<p>21. Dietary punishment shall not be inflicted on any inmate, nor shall -he be placed in close or separate confinement, nor shall corporal -punishment be inflicted, unless the Medical Officer has certified that -the inmate is in a fit condition of health to undergo the punishment.</p> - - -<p><i>Release on licence.</i></p> - -<p>22. Although in the ordinary course the Institution Board will -not bring forward for licence any inmate who has not attained the -Special Grade, yet cases will occur from time to time in which the -Institution Board, in the exercise of their discretion, may think an -earlier licence to be desirable. Such cases the Board may, and should, -recommend for licence at any time when they think it in the best -interests of the inmate to do so.</p> - -<p>23. The essence of the Borstal System is that conditional licence can -be granted when there is a reasonable probability that the offender -will, if licensed, abstain from crime; and although in most cases it -is<span class="pagenum"><a name="Page_255" id="Page_255">[Pg 255]</a></span> likely that the test of promotion to the Special Grade will be the -best index of such probability, yet the Institution Board will bear -in mind the provisions of Section 5, Subsection (1) of the Prevention -of Crime Act, 1908, and can and will bring forward for licence any -inmate as soon as he appears to them to satisfy the conditions of that -Subsection.</p> - - -<p class="center"><i>Application of Standing Orders for Local Prisons.</i></p> - -<p>24. Officers and Inmates of Borstal Institutions shall be subject to -the Standing Orders for Local Prisons, except in so far as they are -inconsistent with the Regulations and Instructions made under the -Prevention of Crime Act, 1908.</p> - - - -<hr class="chap" /> -<p class="ph2">TIME TABLE FOR MALES.</p> - -<table summary="table" width="55%"> -<tr> -<td>5.40 a.m. -</td> -<td>Inmates rise. -</td> -</tr> -<tr> -<td>6.15 " -</td> -<td>Drill. -</td> -</tr> -<tr> -<td>6.45 " -</td> -<td>Inmates breakfast. -</td> -</tr> -<tr> -<td>7.30 " -</td> -<td>Chapel. -</td> -</tr> -<tr> -<td>8.0 " -</td> -<td>Labour. -</td> -</tr> -<tr> -<td>12 noon -</td> -<td>Inmates dinner. -</td> -</tr> -<tr> -<td>1.0 p.m. -</td> -<td>Labour. -</td> -</tr> -<tr> -<td>5.0 " -</td> -<td>Inmates tea. -</td> -</tr> -<tr> -<td>5.40 " -</td> -<td>Evening School, Silent hour and recreation. -</td> -</tr> -<tr> -<td>8.30 " -</td> -<td>Inmates locked up. -</td> -</tr> -</table> - - - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_256" id="Page_256">[Pg 256]</a></span></p> - - - - -<p class="ph2">MEMORANDUM TO THE GOVERNOR, AYLESBURY BORSTAL INSTITUTION FOR FEMALES.</p> - - -<p>The object of the Borstal System being, as defined in Section 1(b) -of the Act of 1908, that those subject to it shall receive such -instruction and discipline as appears most conducive to their -reformation and to the repression of crime, the following methods will -be adopted for giving effect to it. Under Section 5(1) of the Act, a -female offender may be discharged by licence from a Borstal Institution -<i>after three months from the commencement of the term of detention</i>, if -the Commissioners are satisfied that there is a reasonable probability -that she will abstain from crime, and lead a useful and industrious -life.</p> - -<hr class="tb" /> - -<p>The object of the following Instructions is to provide a test by which -the Authorities on the spot, <i>i.e.</i>, the Governor and the Institution -Board, will be able to judge when an inmate can be licensed. It was -the intention of Parliament, in prescribing the minimum period of -three months in the case of females, to secure that they should be -given a chance of liberty after completing that period, subject to the -reasonable probability of their abstaining from crime, but experience -has shown that in the great majority of cases a much longer period -of detention is necessary to enable any real reformatory influence -to be exercised. The responsibility in this matter rests primarily -on the Institution Board, and it is only by the closest personal -observation of each case from the commencement of the sentence that a -true and just opinion may be formed as to the date on which a licence -may be properly and wisely granted. The key-note of the system is, -therefore, the "individualization" of the inmate. Inmates will be -interviewed regularly—those doing well encouraged; those doing badly -cautioned, and made clearly to understand that they will not be allowed -the privilege of the higher Grades until the Institution Board is -completely satisfied that they are doing their best in every way to -profit by the opportunities afforded. Each and all members of the -staff have a great trust confided to them, which is to raise the young -criminal, by personal influences and wise exhortation, to a due sense -of duties and responsibilities as a law-abiding citizen. The system -will rest primarily on good discipline, firmly but kindly administered. -In the obedience which follows from this is the beginning of moral -improvement. This being secured, the System admits a wide latitude -for trust and confidence in the later stages, whence will spring -the sense of honour and self-respect. When this sentiment has been -inculcated, the purpose of the Act may be said to be fulfilled, namely, -the reformation of the offender, and, incidentally, the repression of -crime, for if the criminal habit be arrested at the beginning, the -supply of criminals in the later stages of their career is effectively -stopped.</p> - -<p> -<span style="margin-left: 0.5em;">E. RUGGLES-BRISE.</span><br /> -</p> - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_257" id="Page_257">[Pg 257]</a></span></p> - - - - -<p class="ph2">Instructions for carrying out the Regulations under the Prevention of -Crime Act, 1908.</p> - -<p class="center">FEMALES.</p> - - -<p>1. All inmates on reception will be placed in the Ordinary Grade when -they will pass by Progressive Stages through a Probationary to a -Special Grade.</p> - - -<p class="center"><i>Ordinary Grade.</i></p> - -<p>2. Inmates in the Ordinary Grade will be specially located. They will -remain in the Grade for three months at least, being promoted to the -Intermediate Grade at the Governor's discretion. Inmates will undergo -physical training, and, subject to educational requirements, will work -in association during morning and afternoon, and in their rooms, in the -evening.</p> - -<p>When, in the opinion of the Governor, it is desirable, in the interests -of health, that an inmate on reception shall be employed for part of -the day on outdoor work on farm or garden, this may be arranged for -selected cases, in lieu of morning or afternoon labour.</p> - -<p>The Ordinary Grade will be the deterrent or punitive period of -detention, during which conversation except such as is incidental to -their daily routine duties, will not be allowed.</p> - - -<p class="center"><i>Intermediate Grade.</i></p> - -<p>3. Inmates will remain in the Grade for three months at least, being -promoted to the Probationary Grade at the discretion of the Institution -Board. They will be allowed an extra letter on promotion, associated -exercise and games at week-ends.</p> - - -<p><i>Probationary Grade.</i></p> - -<p>4. Inmates will remain in the Grade for six months at least. They will -be specially located and will be allowed meals in association and -conversational exercise and organised games at week-ends. When labour -ceases in the afternoon, they will be permitted to change clothes for -tea. Subject to educational requirements, classes, lectures, labour, -&c., they will be free for recreation either in a room with others, -or for the purpose of private work, study, &c., in their own rooms. -The rooms will be locked only at night. Arrangements will be made, if -practicable, to place inmates under Group Matrons in convenient groups. -Marching in parties to labour<span class="pagenum"><a name="Page_258" id="Page_258">[Pg 258]</a></span> will cease. Each inmate will find her -own way to work, &c. at the appointed time. The Group Matron will be -responsible for seeing that the strictest punctuality is observed, and -that at a given signal every inmate is in her proper place.</p> - -<p>An inmate's conduct and industry will be closely observed during -this stage, and she will not be passed out of this Stage until the -Institution Board is fully satisfied that she is doing her best. When -the Institution Board are so satisfied, she shall be passed into the -Special Grade.</p> - - -<p class="center"><i>The Special Grade.</i></p> - -<p>5. On passing into the Special Grade, an inmate's case will be -specially considered for conditional licence. During the time that -has elapsed since reception, under the scheme detailed, it ought -to be possible for the Authorities on the spot to have formed an -opinion whether, or not, as prescribed by Section 5(1) of the Act, -there is a reasonable probability that an inmate will lead a useful -and industrious life if let out on licence. Cases, of course, differ -infinitely. The causes that led to the Borstal sentence may be deeply -ingrained, thus requiring a long period of reformatory training, -or they may be due more to circumstance than character, and if the -criminal habit or tendency is not deep seated, it is hoped that in -many cases, the period of twelve months' detention, under healthy -influences, will furnish sufficient guarantee that a criminal course -is not likely to be persisted in. In arriving at an opinion on this -point, the Institution Board will, of course, avail themselves to the -fullest extent of the services and experience of the representative of -the Borstal Association. Such representative will, if possible, be a -member of the Visiting Committee, and thus closely identified with the -history of each case from the commencement of sentence. Inquiries made -by the Borstal Association as to home surroundings, parental influence, -capacity for any special branch of work, will furnish the guide to the -authorities in their determination of each case.</p> - -<p>Inmates in the Special Grade will be specially located. Those not -considered eligible for licence will, on passing into the Special -Grade, be at once transferred to superior quarters, where they will be -kept distinct from the main body, under a distinct body of officers, -who will reside in quarters contiguous to such superior buildings. In -addition to the privileges enjoyed by the Probationary Grade inmates -in this Grade will have a special dress: their mess-room and dwelling -rooms will be supplied with superior crockery, and they will elect -their own mess president of each table or section. The reading of -newspapers will be allowed.</p> - -<p>Inmates may earn a good conduct stripe for every three months passed -with exemplary conduct, carrying 5s. gratuity for the first stripe, 7s, -6d. for the second stripe, and 10s. for each stripe thereafter, up to a -maximum of £2, half of which may be spent in purchase of articles for -their own use, <i>e.g.</i>, material for private work, articles of clothing -&c.</p> - -<p>Inmates may, in addition to the privileges allowed in the Probationary -Grade, be allowed outside the walls on parole, or to go errands, or to -undertake work in the neighbourhood.</p> - -<p><span class="pagenum"><a name="Page_259" id="Page_259">[Pg 259]</a></span></p> - -<p>Every ease in the Special Grade will be specially considered every -two months by the Institution Board, with a view to conditional -licence. The behaviour of inmates on parole will furnish the test of -trustworthiness, and by its appeal to higher instincts, on conduct or -behaviour, will strengthen the probability of successful liberation. A -careful study and individualization, therefore, of each inmate in state -of parole or semi-liberty, will furnish the necessary evidence for -determining her fitness for liberty.</p> - - -<p class="center"><i>Star Special Grade.</i></p> - -<p>6. When an inmate in the Special Grade appears, after close -observation, to satisfy the Governor, by her general demeanour and -efficiency, that she can be safely placed in a position of special -trust, she may be promoted to what will be known as the Star Special -Grade, or Honour Party, and wear a distinctive dress.</p> - -<p>Such inmates may act as Monitors in different capacities, be employed -in positions of trust in the Institution,—clerical work, library, -nursing &c.,—or they may be placed in authority over other inmates -or in situations where they can assist the administration in various -capacities.</p> - - -<p class="center"><i>Penal Class.</i></p> - -<p>7. The sanction of the System will be the Penal Class. This is an -administrative, not a judicial, weapon in the hands of the Governor, -and whose powers of degradation are unlimited. Strict separation in -rooms, and loss of privilege, will be a sufficient deterrent for the -unruly, combined with such ordinary punishment for occasional offences -as the rules admit.</p> - -<p>Where an inmate is believed to be exercising a bad influence, she shall -be placed by the Governor in the Penal Class, for such time as the -Governor considers necessary in the interest of the inmate herself, -or others. She will forfeit the privilege of letters and visits. The -Governor will record in the journal particulars of every case ordered -to be placed in the Penal Class, with the reasons for the same, and -stating the period during which an inmate is so retained. This record -will be placed before the Commissioner or Inspector at each visit. The -inmate will not be restored to a higher Grade without passing through -a period of probation in the Ordinary Grade of such duration as the -Governor may determine.</p> - - -<p class="center"><i>Gratuity.</i></p> - -<p>8. A sum of £1 will be paid to the Borstal Association for each inmate -released, for the purpose of providing assistance to inmates on -discharge.</p> - - -<p class="center"><i>Letters & Visits.</i></p> - -<p>9. An inmate will be allowed at the Governor's discretion to write and<span class="pagenum"><a name="Page_260" id="Page_260">[Pg 260]</a></span> -receive letters and have visits as follows;—</p> - -<p> -<span style="margin-left: 0.5em;">In the Ordinary and Intermediate Grades—every six weeks.</span><br /> -<span style="margin-left: 0.5em;">In the Probationary Grade—every month.</span><br /> -<span style="margin-left: 0.5em;">In the Special Grade—Visits monthly; Letters fortnightly.</span><br /> -</p> - -<p>Visits will be of 30 minutes' duration for the Ordinary and -Intermediate, and 40 minutes' for the Probationary and Special Grades, -with reasonable extension in any case at the discretion of the Governor.</p> - - -<p class="center"><i>Education.</i></p> - -<p>10. There will be a Board of Education, over which the Chaplain will -preside. It will be the authority to consider all questions connected -with the education of inmates, and will decide, as the result of -examination, into which Grade each inmate shall be placed on reception.</p> - -<p>11. The education of inmates will be classified as follows:—</p> - -<blockquote> - -<p>(1) <span class="smcap">Elementary.</span>—Such inmates as are found on reception not -to have profited sufficiently by the teaching received in Public -Elementary Schools to pass out of Grade III of the National Code.</p> - -<p>(2) <span class="smcap">Progressive.</span>—Those who can pass out of that Stage, and -are fit subjects for higher Grades.</p> - -<p>(3) <span class="smcap">Technical.</span>—Inmates who are being prepared for commercial -or other special pursuit.</p></blockquote> - -<p>(1) <span class="smcap">Elementary Education.</span>—The standard aimed at may -be broadly defined as follows, <i>viz</i>.:—"the ability to write a -letter such as is needed by a woman applying for employment, and -such arithmetic as a woman needs for the ordinary purpose of daily -life, including checking her wages." Such a Standard is practically -represented by Grade III of the National Code, <i>viz</i>.:—</p> - -<p> -<span style="margin-left: 0.5em;">WRITING:—</span><br /> -<span style="margin-left: 1.5em;">Simple Spelling rules.</span><br /> -<span style="margin-left: 1.5em;">simple Composition.</span><br /> -<span style="margin-left: 1.5em;">Reconstruction of easy stories.</span><br /> -<span style="margin-left: 1.5em;">Easy letter writing.</span><br /> -<span style="margin-left: 1.5em;">Dictation.</span><br /> -<br /> -<span style="margin-left: 0.5em;">ARITHMETIC:—</span><br /> -<span style="margin-left: 1.5em;">4 simple rules.</span><br /> -<span style="margin-left: 1.5em;">4 compound rules (money & easy weights & measures).</span><br /> -<span style="margin-left: 1.5em;">Introduction to decimal system.</span><br /> -<span style="margin-left: 1.5em;">Simple fractions.</span><br /> -</p> - -<p>All inmates not qualified to pass from that Grade shall receive -Education during the first three months of their sentence, at such -times and in such classes as the Board of Education, created by -Instruction 10,<span class="pagenum"><a name="Page_261" id="Page_261">[Pg 261]</a></span> shall decide; and such period may be extended in any -special case where the Board is of opinion that it would be to the -advantage of an inmate that this should be done.</p> - -<p>Where an inmate obviously fails to profit by instruction, and there may -be reason to think that this may be due to physical or mental causes, -she will be specially examined by the Medical Officer, and such steps -will be taken on his report as may be deemed suitable to meet the -special circumstances of the case.</p> - - -<p>(2) <span class="smcap">The Progressive Class</span> will consist of all those -inmates who have passed through a period of Elementary instruction. -Arrangements will be made by the Board of Education for such inmates to -attend Evening School at such times, and for such objects as they may -decide.</p> - -<p>(3) <span class="smcap">Technical Classes.</span>—These will be limited to those inmates -who have been specially selected for a career in which a knowledge of -special subjects is called for.</p> - -<p>12. In addition to the times set apart for these respective Classes, -there will be a Silent Hour for private study, for which a period of -absolute silence for one hour daily will be introduced throughout the -Institution, during which time all inmates will be engaged in the study -of educational or trade matter. It is considered that organized private -study is the most satisfactory way of securing that inmates shall not -be locked in their rooms until late in the evening.</p> - -<blockquote> - -<p> The objects of the Silent Hour are:—</p></blockquote> - -<p>(1) To provide opportunity (a) for the working of tasks set by the -Schoolmistresses; (b) for inmates to study their trade text books and -prepare notes from the same;</p> - -<p>(2) To occupy the minds of the inmates in a profitable manner;</p> - -<p>(3) To inculcate habits of studious application in order that the -benefits of mental concentration and self-control may become apparent.</p> - -<p>13. It will be seen that a great responsibility is incumbent on -the Education Board in arranging the details of Education on these -lines. It will be the duty of the Governor, acting on the advice of -the Chaplain and Schoolmistresses, to arrange the details of each -Class, consistently with the general needs of the Establishment and -the convenience of the staff; and it is only by a real and hearty -co-operation between all members of the educational staff that the -object of the system can be attained, <i>viz</i>.:—in the first place, to -raise the ignorant and illiterate to such a standard of education as -will enable them to compete with the ordinary conditions of life on -discharge; and, secondly, to furnish opportunity to write intelligent -English, and to rise not only to the higher educational grades, but -to obtain special knowledge in the particular careers to which their -faculties are applied.</p> - -<p><span class="pagenum"><a name="Page_262" id="Page_262">[Pg 262]</a></span></p> - -<p>14. In addition to the ordinary educational curriculum, it will be the -duty of the Education Board, subject to the authority of the Governor, -to organize a regular system of Lectures or Addresses, on such subjects -as, in their opinion, are calculated to increase knowledge, to widen -outlook, and to inspire by example, <i>e.g.</i>, readings from history or -biography. They may, in addition, organize Debating Societies, where -inmates can themselves take part in discussion on selected subjects. -It is considered that Debating Societies might be a great advantage to -the Institution. The advice of the Chaplain Inspector will always be -available for the organization of the conduct of such Societies. They -may also arrange for the formation of Singing or Choral Classes.</p> - - -<p class="center"><i>Revoked Licences.</i></p> - -<p>15. Inmates whose licences are revoked, if not removed to a special -Institution for such cases, will be placed in the Penal Class for one -month, and will work with their room doors open, and will be employed -at any suitable form of manual labour. After one month, they may, at -the discretion of the Governor, be placed in the Ordinary Grade, and -will be again removed to the Penal Class if he is satisfied that the -inmate is making no real effort to improve. Any such case will be -recorded in the Governor's Journal, to be laid before the Commissioner -or Inspector at each visit. If no signs of improvement are manifest, -the case will be submitted to the Visiting Committee for such action as -may be desirable under Section 7 of the Act of 1908.</p> - - -<p class="center"><i>Industrial Training.</i></p> - -<p>16. It is desirable that after a close observation of character -and capacity, a definite view should be taken as to the class of -training—industrial, domestic, clerical, or otherwise—for which an -inmate is best fitted, and that she should be specialized on this with -a view to her employment on discharge, but each inmate should, in the -first instance pass through a course of instruction in laundrywork, -housework, needle-work and cooking, as such a course must always be of -advantage, whatever the special employment to be followed on discharge -may eventually be.</p> - -<p>Farm and garden work, attending to poultry and cattle, will be a -special feature of the Establishment, and will require special -training, which will be provided. The various garden spaces will also -offer profitable employment and training under suitable instruction. -In any place where there are garden plots, they will be kept with -scrupulous care and neatness in all parts of the Establishment. -The grass will be kept closely mown, and flower beds placed in all -appropriate spots. Officers will be given the option of cultivating the -plots contiguous to their Quarters, but failing this, it will be the -duty of the inmates.</p> - -<p>Farm and garden work, though it can be assigned specifically as -training for a certain number of inmates, is rather a valuable -subsidiary employment, to be made use of largely on medical and -physiological grounds for girls requiring active labour in the open -air, or who are<span class="pagenum"><a name="Page_263" id="Page_263">[Pg 263]</a></span> unsuitable for other forms of labour. For such -reasons, there would be no objection to employing girls in the Ordinary -Grade on such work for limited periods, or in the summer evenings in -lieu of labour in their rooms, always provided that girls in this Grade -work under disciplinary supervision, which will be the differentia of -this Grade.</p> - - -<p class="center"><i>Punishments.</i></p> - -<p>17. No punishment or privation of any kind shall be awarded to an -inmate by any officer of the institution except the Governor, or in his -absence, the officer appointed to act for him.</p> - - -<p>An inmate shall be guilty of an offence against the discipline of the -institution if she;—</p> - -<blockquote> - -<p>(1) Disobeys any order or rule.</p> - -<p>(2) Treats an officer with disrespect.</p> - -<p>(3) Is idle or careless at work.</p> - -<p>(4) Is irreverent at Divine Service or Prayers.</p> - -<p>(5) Uses bad language or threats.</p> - -<p>(6) Is indecent in language, act or gesture.</p> - -<p>(7) Strikes or behaves in a provoking way to another inmate.</p> - -<p>(8) Makes a disturbance by singing, whistling or shouting.</p> - -<p>(9) Does any damage.</p> - -<p>(10) Has in her room, or cubicle, or dormitory, or in her pockets or -clothes, anything she has not been given leave to have. Nothing found -on the grounds, or on the farm, may be picked up and kept.</p> - -<p>(11) Receives anything from any other inmate, or gives anything to any -inmate without leave.</p> - -<p>(12) Misbehaves herself in any other way.</p></blockquote> - -<p>The Governor may examine any person touching any alleged offence -against the discipline of the institution, and determine thereupon and -punish the offence.</p> - -<p>In addition to the power vested in the Governor for ordering an inmate -to be placed in the Penal Class, the above offences may be punished in -the following way:—</p> - -<p> -<span style="margin-left: 0.5em;">(1) By deprivation of any privilege, or</span><br /> -<span style="margin-left: 0.5em;">(2) In the manner prescribed by Prison Rules.</span><br /> -</p> - -<p>If an inmate is charged with any serious or repeated offence for -which the punishment the Governor is authorized to inflict is deemed -insufficient, she shall be brought before the Visiting Committee, or -one of them, who, in addition to any power vested in the Governor, -may order such punishment as is prescribed by Prison Rules; or, in -the exercise of their discretion, may report her to the Secretary of -State as incorrigible, or<span class="pagenum"><a name="Page_264" id="Page_264">[Pg 264]</a></span> exercising a bad influence, with a view to -commutation to a sentence of imprisonment under Section 7 of the Act of -1908.</p> - -<p>18. Officers and Inmates of Borstal Institutions shall be subject to -the Standing Orders for Local Prisons, except in so far as they are -inconsistent with the Regulations and Instructions made under the -Prevention of Crime Act, 1908.</p> - - - -<hr class="chap" /> -<p class="ph2">TIME TABLE FOR FEMALES.</p> - -<table summary="enuff" width="55%"> -<tr> -<td>6.0 a.m. -</td> -<td>Inmates rise. -</td> -</tr> -<tr> -<td>6.30 " -</td> -<td>Clean rooms, boots, &c. -</td> -</tr> -<tr> -<td>7.25 " -</td> -<td>Inmates breakfast. -</td> -</tr> -<tr> -<td>7.55 " -</td> -<td>Chapel. -</td> -</tr> -<tr> -<td>8.15 " -</td> -<td>Labour. -</td> -</tr> -<tr> -<td>12 noon -</td> -<td>Drill Exercise and inmates dinner. -</td> -</tr> -<tr> -<td>1.25 p.m. -</td> -<td>Labour. -</td> -</tr> -<tr> -<td>5.0 " -</td> -<td>Inmates tea. -</td> -</tr> -<tr> -<td>5.30 " -</td> -<td>Bible class, choir practice, singing class & bathing. -</td> -</tr> -<tr> -<td>6.0 " -</td> -<td>Silent hour. -</td> -</tr> -<tr> -<td>7.0 " -</td> -<td>Evening labour. -</td> -</tr> -<tr> -<td>8.0 " -</td> -<td>Recreation. -</td> -</tr> -<tr> -<td>9.30 " -</td> -<td>Lights out. -</td> -</tr> -</table> - - - -<hr class="chap" /> - -<p><span class="pagenum"><a name="Page_265" id="Page_265">[Pg 265]</a></span></p> - - - - -<p class="ph2"><a name="APPENDIX_b" id="APPENDIX_b">APPENDIX (b)</a></p> - -<p class="center">RULES FOR PERSONS UNDERGOING PREVENTIVE DETENTION.</p> - - -<p>(1.) Persons undergoing Preventive Detention shall be divided into -three Grades, Ordinary, Special, and Disciplinary. On entering upon -Preventive Detention, they shall be placed in the Ordinary Grade.</p> - -<p>(2.) After every six months passed in the Ordinary Grade with exemplary -conduct a prisoner who has shown zeal and industry in the work assigned -to him may be awarded a certificate of industry and conduct. Four of -these certificates will entitle him to promotion to the Special Grade. -With each certificate a prisoner will receive a good conduct stripe -carrying privileges or a small money payment.</p> - -<p>(3.) A prisoner may be placed in the Disciplinary Grade by order of -the Governor as part of a punishment for misconduct, or because he is -known to be exercising a bad influence on others, and may be kept there -as long as may be necessary in the interests of himself and of others. -While in the Disciplinary Grade he may be employed in association if -his conduct justifies association, but he will not be associated with -others except at labour.</p> - -<p>(d.) Prisoners will be employed either at useful trades in which they -will be instructed, or at agricultural work, or in the service of the -Prison, and those in the Ordinary and Special Grades will be allowed to -earn gratuity by their work. They will be allowed to spend a portion -of their gratuity in the purchase of additions to their dietary, or -to send it to their families, or to accumulate it for use on their -discharge.</p> - -<p>(5.) A prisoner who is in Hospital, or medically unfit for full work -will, on the recommendation of the Medical Officer who will certify -that the disability was genuine<span class="pagenum"><a name="Page_266" id="Page_266">[Pg 266]</a></span> and not caused by the prisoner's own -fault, be credited with gratuity in proportion to his earnings when in -health or calculated on his general disposition to work, coupled with -good conduct.</p> - -<p>(6.) A canteen will be opened in the Prison at which prisoners in the -Ordinary and Special Grades may purchase articles of food, and other -small articles at prices to be fixed by the Directors. The cost of -such articles will be charged against each prisoner's gratuity. The -privilege of purchasing articles in the canteen may at any time be -limited or withdrawn by the Governor.</p> - -<p>(7.) Prisoners who have obtained three certificates of industry, will -be eligible to have a garden allotment assigned to them which they may -cultivate at such times as may be prescribed. The produce of these -allotments will, if possible, be purchased for use in Prisons at market -rates, and the proceeds credited to the prisoner.</p> - -<p>(8.) Prisoners in the Ordinary Grade may be allowed to associate -at meal times and also, after gaining the second certificate, in -the evenings. Prisoners in the Special Grade may also be allowed to -associate at meal times and in the evenings, and shall be allowed such -additional relaxations of a literary and social character as may be -prescribed from time to time.</p> - -<p>(9.) Any of the privileges prescribed in these special rules or -gratuity earned may be forfeited for misconduct. A prisoner has no -legal claim upon his gratuity, which will be expended for his benefit, -or may be withheld at the discretion of the Society or person under -whose supervision he is placed.</p> - -<p>(10.) It will be the duty of the Chaplain and Prison Minister to see -each prisoner individually from time to time during his detention and -to promote the reformation of those under their spiritual charge. -Divine Service will be held weekly in the Prison, and there will be in -addition such Mission Services, lectures and addresses on religious, -moral and secular subjects as may be arranged.</p> - -<p>(11.) Prisoners shall receive the diets which the Directors may -prescribe from time to time.</p> - -<p>(12.) Prisoners will be allowed to write and receive a<span class="pagenum"><a name="Page_267" id="Page_267">[Pg 267]</a></span> letter and to -receive a visit at fixed intervals according to their Grade.</p> - -<p>(13.) The Board of Visitors appointed by the Secretary of State under -Section 13 (4) of the Prevention of Crime Act, 1908, shall hold office -for three years. Their powers shall not be affected by vacancies. The -Secretary of State shall, as soon as possible, fill any vacancy by -making a new appointment. At their first meeting they shall appoint a -Chairman. One or more of them shall visit the Prison once a month, and -they shall meet as a Board as often as possible. They shall hear and -adjudicate on such offences on the part of prisoners as may be referred -to them by the Directors, and they shall investigate any complaint -which a prisoner may desire to make to them, and, if necessary, report -the same to the Directors with their opinion. They shall have free -access to every part of the Prison and may see any prisoner in private, -inspect the diets and examine any of the books. They shall bring any -abuses to the immediate notice of the Directors, and in cases of -urgency they may make recommendations in writing which the Governor -shall carry out pending the decision of the Directors. They shall -keep minutes of their proceedings, and make an annual report to the -Secretary of State at the beginning of each year.</p> - -<p>(14.) The Committee appointed under Section 14 (4) of the said Act -shall meet once a quarter, and shall forward to the Directors such -reports as may be required for their assistance in advising the -Secretary of State as to the prospects and probable behaviour of -prisoners after discharge.</p> - -<p>(15.) Any person whose licence has been revoked or forfeited may on his -return to Prison be placed and kept in the Disciplinary Grade for such -length of time as the Board of Visitors shall think necessary.</p> - - - -<p><span class="pagenum"><a name="Page_268" id="Page_268">[Pg 268]</a></span></p> - - - - -<p class="ph2">THE ENGLISH PRISON SYSTEM.</p> - - - - -<p class="ph2"><a name="INDEX_TO_CHAPTERS" id="INDEX_TO_CHAPTERS"><span class="u">INDEX TO CHAPTERS</span></a></p> - - -<p> - -<span style="margin-left: 0.5em;">Aged convicts, <a href="#Page_41">41</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Ages of prisoners received on conviction, <a href="#Page_221">221</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Aid-on-discharge (see 'Borstal,' and 'Central' Associations and Discharged Prisoners' Aid Societies), <a href="#Page_164">164</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Alcoholism and crime, <a href="#Page_160">160</a>, <a href="#Page_211">211</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">America, visits to, <a href="#Page_25">25</a>, <a href="#Page_62">62</a>, <a href="#Page_64">64</a>, <a href="#Page_91">91</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Appeal, Court of Criminal, <a href="#Page_21">21</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Auburn and Philadelphian Systems, <a href="#Page_24">24</a>, <a href="#Page_63">63</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Australia, Transportation to, <a href="#Page_27">27</a>, <a href="#Page_31">31</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Aylesbury Borstal Institution, <a href="#Page_118">118</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Baker, Dr., Inquiry at Pentonville as to young offenders, <a href="#Page_86">86</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Bedford, Adeline, Duchess of, <a href="#Page_117">117</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Bermuda, convicts at, <a href="#Page_27">27</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Birmingham, Discharged Prisoners' Aid Society, <a href="#Page_166">166</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Birmingham Juvenile Court, <a href="#Page_102">102</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Board, Prison—Constitution of, <a href="#Page_18">18</a>, <a href="#Page_46">46</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Borstal Association, <a href="#Page_92">92</a>, <a href="#Page_95">95</a>, <a href="#Page_118">118</a>, <a href="#Page_182">182</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Borstal Committees at Local Prisons, <a href="#Page_96">96</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Borstal System, <a href="#Page_11">11</a>, <a href="#Page_85">85</a>, <a href="#Page_194">194</a>, <a href="#Page_214">214</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " and age of criminal majority, <a href="#Page_87">87</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " its aims, <a href="#Page_11">11</a>, <a href="#Page_83">83</a>, <a href="#Page_98">98</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " origin of name, <a href="#Page_85">85</a>, <a href="#Page_92">92</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " early stages, <a href="#Page_91">91</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " statutory effect given to, <a href="#Page_94">94</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " since the Act of 1908, <a href="#Page_94">94</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " and the Act of 1914, <a href="#Page_100">100</a>, <a href="#Page_121">121</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " the "Modified", <a href="#Page_96">96</a>, <a href="#Page_119">119</a>, <a href="#Page_127">127</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " for young women, <a href="#Page_118">118</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " for young convicts, <a href="#Page_41">41</a>, <a href="#Page_97">97</a>, <a href="#Page_118">118</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " regulations for, <a href="#Page_231">231</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " remarks of Lord Chief Justice, <a href="#Page_95">95</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " statistics of 'after-care', <a href="#Page_95">95</a>, <a href="#Page_117">117</a>, <a href="#Page_119">119</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " labour of inmates, <a href="#Page_141">141</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Branthwaite, Dr., Inquiry into cases of inebriety, <a href="#Page_160">160</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Camp Hill Prison, <a href="#Page_52">52</a></span><br /> -<br /> -<span style="margin-left: 0.5em;"><i>Cantine</i> System, <a href="#Page_165">165</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Cells, Certification of, <a href="#Page_64">64</a>, <a href="#Page_68">68</a></span><br /> -<span class="pagenum"><a name="Page_270" id="Page_270">[Pg 270]</a></span><br /> -<span style="margin-left: 0.5em;">Census of convict population, 1901, <a href="#Page_49">49</a></span><br /> -<br /> -<span style="margin-left: 2em;">" prisoners fit for Hard Labour, <a href="#Page_132">132</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " between the ages of 16 and 21, <a href="#Page_85">85</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Central Association for aid of discharged convicts, <a href="#Page_54">54</a>, <a href="#Page_56">56</a>, <a href="#Page_174">174</a>, <a href="#Page_182">182</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Central Control Board (Liquor Traffic), <a href="#Page_225">225</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Central Discharged Prisoners' Aid Society, <a href="#Page_179">179</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Centralization of authority, <a href="#Page_69">69</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Chaplains of Prisons, <a href="#Page_5">5</a>, <a href="#Page_129">129</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Children Act, 1908, <a href="#Page_101">101</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Classification (Convict) Inquiry of 1878, <a href="#Page_37">37</a></span><br /> -<br /> -<span style="margin-left: 4.5em;">" " present, <a href="#Page_40">40</a></span><br /> -<br /> -<span style="margin-left: 4.5em;">" " "Star" Class, <a href="#Page_37">37</a>, <a href="#Page_40">40</a></span><br /> -<br /> -<span style="margin-left: 4.5em;">" (Local) Under the Act of 1823, <a href="#Page_62">62</a></span><br /> -<br /> -<span style="margin-left: 4.5em;">" " " " 1877, <a href="#Page_71">71</a></span><br /> -<br /> -<span style="margin-left: 4.5em;">" " " " 1898, <a href="#Page_78">78</a></span><br /> -<br /> -<span style="margin-left: 4.5em;">" " " " 1914, <a href="#Page_83">83</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Cockburn, Lord Justice, <a href="#Page_31">31</a>, <a href="#Page_89">89</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Commission, Royal, 1863, <a href="#Page_30">30</a>, <a href="#Page_34">34</a>, <a href="#Page_43">43</a></span><br /> -<br /> -<span style="margin-left: 3em;">" " 1879, <a href="#Page_37">37</a>, <a href="#Page_41">41</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Commissioners of Prisons, The, <a href="#Page_18">18</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Committals to Prison since 1881, <a href="#Page_219">219</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Committee on Prisons, 1832 and 1836, <a href="#Page_63">63</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " 1850, <a href="#Page_65">65</a>, <a href="#Page_67">67</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " 1863, <a href="#Page_67">67</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " 1895, Habitual criminals, <a href="#Page_39">39</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " " separate confinement, <a href="#Page_42">42</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " " Weakminded convicts, <a href="#Page_42">42</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " " Local prisons, <a href="#Page_75">75</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " " prisoners <a href="#Page_16">16</a>-21, <a href="#Page_76">76</a>, <a href="#Page_86">86</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " " prison labour, <a href="#Page_136">136</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " " and discharged prisoners, <a href="#Page_76">76</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Committees, Visiting &c., <a href="#Page_32">32</a>, <a href="#Page_46">46</a>, <a href="#Page_53">53</a>, <a href="#Page_70">70</a>, <a href="#Page_123">123</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">"Conditional conviction", <a href="#Page_107">107</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Convict Prisons, <a href="#Page_18">18</a>, <a href="#Page_131">131</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Corporal Punishment, <a href="#Page_34">34</a>, <a href="#Page_47">47</a>, <a href="#Page_70">70</a>, <a href="#Page_80">80</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Correction, Houses of, <a href="#Page_59">59</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Courts, The Criminal, and their punishments, <a href="#Page_19">19</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Cranks and treadwheels, <a href="#Page_67">67</a>, <a href="#Page_77">77</a>, <a href="#Page_134">134</a>, <a href="#Page_137">137</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Crawford, Mr. W., Inspector of Prisons, <a href="#Page_25">25</a>, <a href="#Page_62">62</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Crime and its causes, <a href="#Page_200">200</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Crime, Prevention of, Act of 1908, <a href="#Page_51">51</a>, <a href="#Page_82">82</a>, <a href="#Page_94">94</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Crimes, Prevention of, Act of 1871, <a href="#Page_36">36</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Criminal Appeal, Court of, <a href="#Page_21">21</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">"Criminal Diathesis,", <a href="#Page_203">203</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Criminal Justice Administration Act, 1914, <a href="#Page_20">20</a>, <a href="#Page_82">82</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " changes under, <a href="#Page_82">82</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " and Borstal System, <a href="#Page_100">100</a>, <a href="#Page_121">121</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " decrease in committals, <a href="#Page_20">20</a>, <a href="#Page_224">224</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Criminal, (clinical), laboratories, <a href="#Page_195">195</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Criminal Statistics, 1872 to 1914, <a href="#Page_216">216</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Criminal type, The, <a href="#Page_203">203</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Criminological Inquiry in English Prisons, <a href="#Page_198">198</a></span><br /> -<span class="pagenum"><a name="Page_271" id="Page_271">[Pg 271]</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Death penalty, The, <a href="#Page_21">21</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Death-rate in Prisons, <a href="#Page_186">186</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Debating classes in prisons, <a href="#Page_8">8</a>, <a href="#Page_128">128</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Defective children, <a href="#Page_105">105</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Defectiveness, mental, (See 'Mental')</span><br /> -<br /> -<span style="margin-left: 0.5em;">"Detention, Places of" for Juveniles, <a href="#Page_102">102</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Dietaries, Prison, <a href="#Page_145">145</a>, <a href="#Page_188">188</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Directors of Convict Prisons, The, <a href="#Page_18">18</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Discipline, Progressive Reformatory, and Sir J. Jebb, <a href="#Page_29">29</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Discharged Prisoners' Aid Societies, early history, <a href="#Page_165">165</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " " under Act of 1877, <a href="#Page_167">167</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " " Conference of 1878, <a href="#Page_169">169</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " " and co-ordination of effort, <a href="#Page_15">15</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " " scheme of 1896, <a href="#Page_171">171</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " " " 1913, <a href="#Page_175">175</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " " Central Committee of, <a href="#Page_178">178</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">(See also "Borstal Association" and "Central Association")</span><br /> -<br /> -<span style="margin-left: 0.5em;">Dover Harbour, last Public Works, <a href="#Page_13">13</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Drunkenness, Habitual, (See also 'Alcoholism' and 'Inebriety'), <a href="#Page_154">154</a></span><br /> -<br /> -<span style="margin-left: 3.5em;">" " statistics of, <a href="#Page_115">115</a>, <a href="#Page_225">225</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Du Cane, Sir E., <a href="#Page_71">71</a>, <a href="#Page_73">73</a>, <a href="#Page_75">75</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Earnings of prisoners, <a href="#Page_138">138</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Economy in administration, <a href="#Page_73">73</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Education in prisons, <a href="#Page_6">6</a>, <a href="#Page_121">121</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Elementary Education (Defective & Epileptic Children) Acts 1899 & 1914, <a href="#Page_105">105</a>, <a href="#Page_106">106</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Elmira State Reformatory, <a href="#Page_91">91</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Employment of prisoners (See 'Labour')</span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Female prison population, statistics, <a href="#Page_114">114</a>, <a href="#Page_223">223</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " " and recidivism, <a href="#Page_115">115</a>, <a href="#Page_122">122</a></span><br /> -<br /> -<span style="margin-left: 2em;">" convicts, <a href="#Page_47">47</a></span><br /> -<br /> -<span style="margin-left: 2em;">" prisoners in Preventive Detention, <a href="#Page_58">58</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " superintendence by female staff, &c., <a href="#Page_114">114</a>, <a href="#Page_122">122</a></span><br /> -<br /> -<span style="margin-left: 2em;">" under the Borstal System, <a href="#Page_118">118</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Fines, committals in default of payment, <a href="#Page_20">20</a>, <a href="#Page_224">224</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" release on part-payment, <a href="#Page_79">79</a>, <a href="#Page_82">82</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" 'supervision' until payment, <a href="#Page_82">82</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">First Division prisoners, <a href="#Page_71">71</a>, <a href="#Page_78">78</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Gibraltar Prison, <a href="#Page_27">27</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Gloucester Refuge for discharged prisoners, <a href="#Page_166">166</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Goring, Dr. Chas. "A Criminological Inquiry", <a href="#Page_198">198</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Grant-Wison, Sir W., <a href="#Page_92">92</a>, <a href="#Page_174">174</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Gratuities, prisoners'—early convict system, <a href="#Page_27">27</a></span><br /> -<br /> -<span style="margin-left: 3em;">" high rate of, condemned, <a href="#Page_31">31</a></span><br /> -<br /> -<span style="margin-left: 3em;">" maximum earnable reduced to £3, <a href="#Page_36">36</a></span><br /> -<br /> -<span style="margin-left: 3em;">" English & continental systems, <a href="#Page_165">165</a></span><br /> -<br /> -<span style="margin-left: 3em;">" abolition of in Local Prisons, <a href="#Page_175">175</a></span><br /> -<br /> -<span style="margin-left: 3em;">" retained for certain classes, <a href="#Page_180">180</a></span><br /> -<span class="pagenum"><a name="Page_272" id="Page_272">[Pg 272]</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Habitual Criminals Act, 1869, <a href="#Page_36">36</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Habitual Inebriates (see 'Inebriety')</span><br /> -<br /> -<span style="margin-left: 0.5em;">Habitual Offenders Division, proposed, <a href="#Page_39">39</a>, <a href="#Page_50">50</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Hard Labour, definition of phrase, <a href="#Page_60">60</a>, <a href="#Page_66">66</a>, <a href="#Page_134">134</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" and Committee of 1863, <a href="#Page_67">67</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" and the cellular system, <a href="#Page_66">66</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" provisions of Act of 1865, <a href="#Page_68">68</a>,<a href="#Page_134">134</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " " 1877, <a href="#Page_70">70</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" present methods of enforcing, <a href="#Page_77">77</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" and the Act of 1914, <a href="#Page_83">83</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Heredity and environment, <a href="#Page_209">209</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Holloway Prison, <a href="#Page_114">114</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Hospital Staff of Prisons, <a href="#Page_197">197</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Howard, John, <a href="#Page_23">23</a>, <a href="#Page_60">60</a>, <a href="#Page_62">62</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Hulks, The, <a href="#Page_26">26</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Indeterminate sentence, the, <a href="#Page_55">55</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Individualization of prisoners, <a href="#Page_75">75</a>, <a href="#Page_93">93</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Industrial labour in Prisons, <a href="#Page_136">136</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" prosperity and criminal statistics, <a href="#Page_160">160</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Inebriety, Committee of 1872, <a href="#Page_154">154</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Act of 1879, <a href="#Page_155">155</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Home Office Inquiry, 1892, <a href="#Page_155">155</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Act of 1898, <a href="#Page_155">155</a>, <a href="#Page_157">157</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Types of inmates in Certified Reformatories, <a href="#Page_156">156</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Infrequent use of Act of 1898, <a href="#Page_158">158</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Committee of 1908, <a href="#Page_158">158</a>, <a href="#Page_162">162</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Mental state of inmates, <a href="#Page_161">161</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Alcohol as a factor in crime, <a href="#Page_160">160</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Analysis of 1,000 cases of, <a href="#Page_160">160</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">(See also 'Drunkenness')</span><br /> -<br /> -<span style="margin-left: 0.5em;">Infectious disease in prisons, <a href="#Page_186">186</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Intermediate Class in Convict Prisons, <a href="#Page_40">40</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Irish System, The (1854), <a href="#Page_30">30</a>, <a href="#Page_33">33</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Jebb, Sir Joshua, <a href="#Page_29">29</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Justices, Visiting, <a href="#Page_70">70</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Juvenile-Adult prisoners (see "Borstal")</span><br /> -<br /> -<span style="margin-left: 0.5em;">Juvenile Courts, <a href="#Page_102">102</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Labour Bureaux and Exchanges, <a href="#Page_106">106</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" Offenders, commitment of, <a href="#Page_101">101</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " statistics of committals, <a href="#Page_220">220</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Labour, Prison, The Act of 1865, <a href="#Page_68">68</a>, <a href="#Page_134">134</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " Recent changes, <a href="#Page_138">138</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " Prior to Act of 1877, <a href="#Page_131">131</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " and the inquiry of 1894, <a href="#Page_136">136</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " revision of labour statistics, <a href="#Page_137">137</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " increase in output, <a href="#Page_139">139</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " Public Works, <a href="#Page_26">26</a>, <a href="#Page_35">35</a>, <a href="#Page_131">131</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " Juvenile-Adults, <a href="#Page_140">140</a></span><br /> -<span class="pagenum"><a name="Page_273" id="Page_273">[Pg 273]</a></span><br /> -<span style="margin-left: 0.5em;">Labour, Prison, in Convict Prisons, <a href="#Page_131">131</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " in Local Prisons, <a href="#Page_133">133</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " during the Great War, <a href="#Page_140">140</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Lectures and addresses, <a href="#Page_6">6</a>, <a href="#Page_128">128</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Libraries, prison, <a href="#Page_127">127</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Licensing system for convicts, <a href="#Page_34">34</a>, <a href="#Page_38">38</a>, <a href="#Page_54">54</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Local Prisons, <a href="#Page_18">18</a>, <a href="#Page_59">59</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Lombroso, Professor, <a href="#Page_199">199</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">London Prison Visitor's Association, <a href="#Page_92">92</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Long Sentence Division, <a href="#Page_41">41</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Mark System, in Convict Prisons, <a href="#Page_31">31</a>, <a href="#Page_34">34</a></span><br /> -<br /> -<span style="margin-left: 1em;">" " in Local Prisons, <a href="#Page_81">81</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Mechanical tasks in Prisons, <a href="#Page_68">68</a>, <a href="#Page_72">72</a>, <a href="#Page_137">137</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Medical Officers of Prisons, <a href="#Page_185">185</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Mental defectiveness and crime co-operation between Justices and Police, <a href="#Page_16">16</a>, <a href="#Page_193">193</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Mental defectiveness and inebriety, <a href="#Page_161">161</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " duties of prison medical officers, <a href="#Page_185">185</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " special prisons for cases of, <a href="#Page_190">190</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " in prison, estimate of, <a href="#Page_191">191</a>, <a href="#Page_207">207</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " The Mental Deficiency Act, 1913, <a href="#Page_16">16</a>, <a href="#Page_105">105</a>, <a href="#Page_192">192</a>, <a href="#Page_215">215</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " Sir G. Newman, and prevention of, <a href="#Page_196">196</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " Commission on Care and Control of Feeble-minded, <a href="#Page_190">190</a>, <a href="#Page_207">207</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " Dr. Goring's Inquiry, <a href="#Page_207">207</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Merxplas, Labour Colony at, <a href="#Page_148">148</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Metropolitan Asylums Board and Casual Wards, <a href="#Page_151">151</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Mettray Agricultural Colony, <a href="#Page_90">90</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Millbank Prison, <a href="#Page_44">44</a>, <a href="#Page_62">62</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Misdemeanants, First Class, <a href="#Page_71">71</a>, <a href="#Page_78">78</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Moral and religious influences in prisons, <a href="#Page_8">8</a>, <a href="#Page_127">127</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">National Society for Prevention of Crime, <a href="#Page_15">15</a>, <a href="#Page_180">180</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">New South Wales, Transportation to, <a href="#Page_24">24</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">New York, State Probation Commission, <a href="#Page_113">113</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">'Normal' and 'abnormal' man, <a href="#Page_201">201</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Oakum-picking in prisons, <a href="#Page_136">136</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Offences against the law, <a href="#Page_19">19</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Officers of Prisons, <a href="#Page_10">10</a>, <a href="#Page_197">197</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">'Panopticon' (J. Bentham), <a href="#Page_62">62</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Parkhurst Prison for young offenders, <a href="#Page_88">88</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Part-payment of fines, <a href="#Page_79">79</a>, <a href="#Page_82">82</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Patronage (See 'Discharged Prisoners' Aid Societies')</span><br /> -<br /> -<span style="margin-left: 0.5em;">Pearson, Professor Karl, <a href="#Page_198">198</a></span><br /> -<br /> -<span style="margin-left: 0.5em;"><i>Pécule</i> System, <a href="#Page_165">165</a></span><br /> -<span class="pagenum"><a name="Page_274" id="Page_274">[Pg 274]</a></span><br /> -<span style="margin-left: 0.5em;">Penal Servitude: changes in System since 1894, <a href="#Page_39">39</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " Act of 1853, <a href="#Page_28">28</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " " 1857, <a href="#Page_28">28</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " " 1864, <a href="#Page_34">34</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " " 1891, <a href="#Page_38">38</a>, <a href="#Page_39">39</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " " 1898, <a href="#Page_46">46</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " decrease in committals, <a href="#Page_38">38</a>, <a href="#Page_219">219</a>, <a href="#Page_230">230</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" Reformatories for young offenders, <a href="#Page_87">87</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Pentonville Prison, <a href="#Page_25">25</a>, <a href="#Page_26">26</a>, <a href="#Page_64">64</a>, <a href="#Page_65">65</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Philadelphian and Auburn Systems, <a href="#Page_24">24</a>, <a href="#Page_63">63</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Philanthropic Association, <a href="#Page_88">88</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Physical criminal type, <a href="#Page_203">203</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Police Supervision, <a href="#Page_20">20</a>, <a href="#Page_33">33</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Population, prison-fall in (See also 'Statistics'), <a href="#Page_46">46</a>, <a href="#Page_73">73</a>, <a href="#Page_114">114</a>, <a href="#Page_219">219</a>, <a href="#Page_223">223</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Positive School of Criminology, <a href="#Page_199">199</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Prevention of Crimes Act, 1871, <a href="#Page_36">36</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Prevention of Crime Act, 1908, <a href="#Page_51">51</a>, <a href="#Page_82">82</a>, <a href="#Page_94">94</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Preventive Detention: the Advisory Committee, <a href="#Page_54">54</a>, <a href="#Page_55">55</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " conditional release, <a href="#Page_54">54</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " definition of, <a href="#Page_49">49</a>, <a href="#Page_57">57</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " extension to penal servitude system, <a href="#Page_14">14</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " objects of, <a href="#Page_12">12</a>, <a href="#Page_51">51</a>, <a href="#Page_52">52</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " Memo, explanatory of Act of 1908, <a href="#Page_51">51</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " 'parole' lines, <a href="#Page_53">53</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " rules for, <a href="#Page_53">53</a>, <a href="#Page_265">265</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " statistics of men discharged, <a href="#Page_54">54</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Prison Act 1778, <a href="#Page_23">23</a>, <a href="#Page_24">24</a>, <a href="#Page_61">61</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1781, <a href="#Page_61">61</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1823, <a href="#Page_62">62</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1824, <a href="#Page_25">25</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1835, <a href="#Page_59">59</a>, <a href="#Page_66">66</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1839, <a href="#Page_64">64</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1844, <a href="#Page_66">66</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1865, <a href="#Page_67">67</a>, <a href="#Page_134">134</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1877, <a href="#Page_18">18</a>, <a href="#Page_69">69</a>, <a href="#Page_136">136</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " 1898, <a href="#Page_46">46</a>, <a href="#Page_78">78</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Prison Commission, The, <a href="#Page_18">18</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Prisons, &c. description of, <a href="#Page_18">18</a>, <a href="#Page_60">60</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Prisons Reform, meaning of, <a href="#Page_1">1</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " in the future, <a href="#Page_12">12</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Probation, Act of 1887, and Summary Jurisdiction Act, 1879, <a href="#Page_110">110</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " 1907, <a href="#Page_21">21</a>, <a href="#Page_111">111</a></span><br /> -<br /> -<span style="margin-left: 2em;">" New York State Probation Commission, <a href="#Page_112">112</a></span><br /> -<br /> -<span style="margin-left: 2em;">" indispensable to criminal justice, <a href="#Page_113">113</a></span><br /> -<br /> -<span style="margin-left: 2em;">" English and Foreign systems, <a href="#Page_107">107</a></span><br /> -<br /> -<span style="margin-left: 2em;">" national system of, <a href="#Page_13">13</a></span><br /> -<br /> -<span style="margin-left: 2em;">" statistics of, <a href="#Page_111">111</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Professional criminals, <a href="#Page_49">49</a>, <a href="#Page_50">50</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Progressive Stage System, <a href="#Page_28">28</a>, <a href="#Page_34">34</a>, <a href="#Page_39">39</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Punishments for prison offences (See also 'Corporal Punishment'), <a href="#Page_34">34</a>, <a href="#Page_47">47</a>, <a href="#Page_68">68</a>, <a href="#Page_70">70</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Public Works, <a href="#Page_26">26</a>, <a href="#Page_35">35</a>, <a href="#Page_131">131</a></span><br /> -<span class="pagenum"><a name="Page_275" id="Page_275">[Pg 275]</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Recidivism, statistics of, &c., <a href="#Page_115">115</a>, <a href="#Page_183">183</a>, <a href="#Page_221">221</a>, <a href="#Page_229">229</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Recidivist class in convict prisons, <a href="#Page_41">41</a>, <a href="#Page_57">57</a>, <a href="#Page_230">230</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Reform, prison, <a href="#Page_1">1</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Reformatory Schools Act, 1854, <a href="#Page_89">89</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Remission of sentence, <a href="#Page_38">38</a>, <a href="#Page_81">81</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Reporting to police, <a href="#Page_36">36</a>, <a href="#Page_38">38</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Rules for the government of Prisons, <a href="#Page_66">66</a>, <a href="#Page_67">67</a>, <a href="#Page_71">71</a>, <a href="#Page_78">78</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Sanitary condition of prisons, <a href="#Page_186">186</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Second Division prisoners, <a href="#Page_38">38</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Secondary Punishments, <a href="#Page_36">36</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Sentences to penal servitude, decrease in number, <a href="#Page_38">38</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " " increase after Act of 1871, <a href="#Page_36">36</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " " minimum term reduced, <a href="#Page_31">31</a>, <a href="#Page_38">38</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Separate Confinement—and Pentonville Prison, <a href="#Page_25">25</a>, <a href="#Page_26">26</a>, <a href="#Page_64">64</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " Reports of Commissioners of Pentonville, <a href="#Page_26">26</a>, <a href="#Page_64">64</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " History of, <a href="#Page_42">42</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " present terms for convicts, <a href="#Page_46">46</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">'Separate' and 'Silent' Systems, <a href="#Page_24">24</a>, <a href="#Page_63">63</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Short sentences, <a href="#Page_73">73</a>, <a href="#Page_83">83</a>, <a href="#Page_224">224</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Silence, the law of, <a href="#Page_7">7</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">'Special' class of convicts, <a href="#Page_40">40</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Spike Island, <a href="#Page_29">29</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Staff of Prisons, <a href="#Page_10">10</a>, <a href="#Page_197">197</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Stages, Progressive, <a href="#Page_28">28</a>, <a href="#Page_34">34</a>, <a href="#Page_39">39</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">'Star' Class, <a href="#Page_37">37</a>, <a href="#Page_40">40</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">State, transfer of prisons to, <a href="#Page_18">18</a>, <a href="#Page_69">69</a>, <a href="#Page_71">71</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Statistics, Criminal, Comparison of 1872-1914, <a href="#Page_216">216</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" showing committals of young offenders since 1848, <a href="#Page_220">220</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" prison, during the Great War, and since, <a href="#Page_223">223</a></span><br /> -<br /> -<span style="margin-left: 2.5em;">" " in times of industrial prosperity, <a href="#Page_160">160</a>, <a href="#Page_226">226</a></span><br /> -<br /> -<span style="margin-left: 2em;">" " decrease in recidivism, <a href="#Page_183">183</a>, <a href="#Page_222">222</a>, <a href="#Page_229">229</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Stipendiary Magistrates, <a href="#Page_20">20</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Stretton Colony for young offenders, <a href="#Page_87">87</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Study-leave for Medical Officers, <a href="#Page_196">196</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Study in prison, facilities for, <a href="#Page_8">8</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Summary Jurisdiction, Courts of, <a href="#Page_20">20</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Supervision of young offenders, <a href="#Page_82">82</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">"Sursis," law of, <a href="#Page_107">107</a>, <a href="#Page_112">112</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Surveyor-General of Prisons, <a href="#Page_66">66</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Talking in prisons, <a href="#Page_7">7</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">"Temporary Refuge for distressed criminals", <a href="#Page_165">165</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Ticket-of-leave (See also 'Licensing'), <a href="#Page_26">26</a>, <a href="#Page_28">28</a>, <a href="#Page_33">33</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Transportation, history of, <a href="#Page_23">23</a></span><br /> -<br /> -<span style="margin-left: 0.5em;"><i>Travaux forces</i> and Hard Labour, <a href="#Page_30">30</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Treadwheels and cranks, <a href="#Page_67">67</a>, <a href="#Page_77">77</a>, <a href="#Page_134">134</a>, <a href="#Page_137">137</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Triple Division of offenders in Local Prisons, <a href="#Page_78">78</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Tubercular disease in prisons, <a href="#Page_187">187</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Uniformity of system, <a href="#Page_66">66</a>, <a href="#Page_67">67</a>, <a href="#Page_69">69</a>, <a href="#Page_72">72</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Unconvicted prisoners, <a href="#Page_71">71</a>, <a href="#Page_194">194</a></span><br /> -<span class="pagenum"><a name="Page_276" id="Page_276">[Pg 276]</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Vagrancy, early history of, <a href="#Page_142">142</a></span><br /> -<br /> -<span style="margin-left: 2em;">" the Act of 1824, <a href="#Page_20">20</a>, <a href="#Page_142">142</a></span><br /> -<br /> -<span style="margin-left: 2em;">" "Begging and Sleeping-out", <a href="#Page_143">143</a></span><br /> -<br /> -<span style="margin-left: 2em;">" and Labour Colonies, <a href="#Page_148">148</a></span><br /> -<br /> -<span style="margin-left: 2em;">" Colony at Merxplas, <a href="#Page_148">148</a></span><br /> -<br /> -<span style="margin-left: 2em;">" and Way-ticket system, <a href="#Page_150">150</a></span><br /> -<br /> -<span style="margin-left: 2em;">" and Casual Wards, <a href="#Page_144">144</a>, <a href="#Page_151">151</a></span><br /> -<br /> -<span style="margin-left: 2em;">" Committee of 1906, <a href="#Page_147">147</a></span><br /> -<br /> -<span style="margin-left: 2em;">" incorrigible rogues, <a href="#Page_143">143</a></span><br /> -<br /> -<span style="margin-left: 2em;">" Previous convictions and statistics, <a href="#Page_149">149</a>, <a href="#Page_153">153</a>, <a href="#Page_222">222</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Van Dieman's Land, <a href="#Page_24">24</a>, <a href="#Page_27">27</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Visitors, Boards of, <a href="#Page_46">46</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Visiting Committees of Prisons &c., <a href="#Page_32">32</a>, <a href="#Page_53">53</a>, <a href="#Page_70">70</a>, <a href="#Page_123">123</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Wakefield Industrial Home, <a href="#Page_166">166</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">War, criminal statistics and the, <a href="#Page_223">223</a></span><br /> -<br /> -<span style="margin-left: 1em;">" employment of prisoners, <a href="#Page_140">140</a></span><br /> -<br /> -<span style="margin-left: 1em;">" closing of prisons during, <a href="#Page_227">227</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Weakminded prisoners (See 'Mental Defectiveness')</span><br /> -<br /> -<span style="margin-left: 0.5em;">Whipping, <a href="#Page_20">20</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">Works, Public, <a href="#Page_26">26</a>, <a href="#Page_35">35</a>, <a href="#Page_131">131</a></span><br /> -<br /> -<br /> -<span style="margin-left: 0.5em;">Young Offenders, alternatives to committal to prison, <a href="#Page_101">101</a>, <a href="#Page_109">109</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " at Parkhurst, <a href="#Page_88">88</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " decrease in commitments to prison, <a href="#Page_220">220</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " concentration of effort upon, <a href="#Page_76">76</a>, <a href="#Page_106">106</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " supervision until fine is paid, <a href="#Page_82">82</a></span><br /> -<br /> -<span style="margin-left: 1.5em;">" " under sixteen years of age, <a href="#Page_20">20</a>, <a href="#Page_101">101</a></span><br /> -<br /> -<span style="margin-left: 0.5em;">(See also under "Borstal" and "Juvenile")</span><br /> -</p> - - -<p><span class="smcap">Printed at His Majesty's Convict Prison Maidstone.</span></p> - - -<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK THE ENGLISH PRISON SYSTEM ***</div> -<div style='text-align:left'> - -<div style='display:block; margin:1em 0'> -Updated editions will replace the previous one—the old editions will -be renamed. -</div> - -<div style='display:block; margin:1em 0'> -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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