Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
A consequence that might be expected to spring from the prevention of
crime would be a diminution in the numbers of the police. It is their duty
to arrest criminals, and if the criminals are shut up their occupation is
gone. It is a striking fact that during all the discussions which took
place on the measure, nobody suggested that as a result of its operation
there would be any smaller number of policemen required. There was no
likelihood of it; for crime will not be prevented to any great extent by
the institution of "reformatories"--experience has shown that very
clearly--but it will be diminished to some extent while the professionals
are incarcerated. This has been tried and found insufficient and
unsatisfactory. The new Act makes provision for the care of people who
have been liberated from Borstal Institutions, and for the reformatory
treatment of those who have become habituals after graduation in crime and
in prison experience--neither of which qualifications makes it easier to
deal with them.
The "habitual criminal" of the statute is one who, between his attaining
the age of sixteen years and his conviction of the crime charged against
him, has had three previous convictions and is leading persistently a
dishonest or criminal life. Such a person, after being sentenced to penal
servitude, may be ordered to be detained on the expiration of that
sentence for a period of not less than five and not more than ten years,
at the discretion of the Court. The charge of being a habitual offender
can only be tried after he pleads or has been found guilty of the crime
for which he has been indicted, and seven days' notice must be given the
offender of the intention to make such a charge. The Court has a right to
admit evidence of character and repute on the question as to whether the
accused is or is not leading persistently a dishonest or criminal life.
The person sentenced to preventive detention may appeal against the
sentence to a Court consisting of not less than three Judges of the High
Court of Justiciary, in Scotland. The Secretary of State may, in the case
of persons appearing to be habitual criminals and undergoing sentence of
five years' penal servitude or upwards, transfer them, after three years
of the term of penal servitude have expired, to preventive detention for
the remainder of their sentence.
Public-domain text, read in full here on John Shaqi.
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