The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
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 The Probation Act, 1907, repealed Section 16 of the Summary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.
Public-domain text, read in full here on John Shaqi.
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