The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
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
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