The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
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.
Public-domain text, read in full here on John Shaqi.
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