Crime -- Great Britain; Criminal anthropology; Punishment -- Great Britain
"The Secretary of State may at any time discharge on licence a person
undergoing preventive detention if satisfied that there is a reasonable
probability that he will abstain from crime and lead a useful and
industrious life, or that he is no longer capable of engaging in crime, or
that for any other reason it is desirable to release him from confinement
in prison.
A person so discharged on licence may be discharged on probation, and 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, or of such other conditions as may be specified in the
licence.
The Directors of Convict Prisons shall report periodically to the
Secretary of State on the conduct and industry of persons undergoing
preventive detention, and their prospects and probable behaviour on
release, and for this purpose shall be assisted by a committee at each
prison in which such persons are detained, consisting of such members of
the board of visitors and such other persons of either sex as the
Secretary of State may from time to time appoint.
Every such committee shall hold meetings at such intervals of not more
than six months as may be prescribed, for the purpose of personally
interviewing persons undergoing preventive detention in the prison, and
preparing reports embodying such information respecting them as may be
necessary for the assistance of the Directors, and may at any other time
hold such other meetings and make such special reports respecting
particular cases, as they may think necessary."
A licence may be in such form, and may contain such conditions as may be
prescribed by the Secretary of State.
The Secretary of State is the figure who has all power over the person
sentenced to preventive detention; but the Act does not give him any power
that he did not before possess. The Secretary of State has always held
and used a dispensing power regarding the sentences passed on prisoners.
He has not only remitted sentences, but he has imposed conditions while
granting a remission. The Act does not even limit his power, for as the
representative of the King he may liberate anybody if he sees fit. What
the Act does is to set up machinery whereby the Secretary of State may be
moved. Hitherto some personal interest must have been taken by him in a
case before the exercise of the Royal prerogative would be recommended by
him, for he would require to be prepared to justify his action if
questioned in Parliament. The Act alters all that in so far as it applies
and makes matter of routine what was exceptional.
Public-domain text, read in full here on John Shaqi.
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