The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
The offences specially characteristic of the vagrant class are
"begging" and "sleeping-out," and it is with vagrancy used in this
sense that the Prison Authorities are chiefly concerned. Under the Act
any person begging in any public place is an idle and disorderly person
liable to imprisonment on conviction under the common law for one month
or a fine not exceeding £5: a person wandering abroad without visible
means of subsistence, or not giving a good account of himself is styled
a "rogue and vagabond" and may be punished with imprisonment up to
three months, or a fine not exceeding £25. There is a third category of
Vagrant, known as the Incorrigible Rogue, _i.e._, a person who has been
more than once convicted of any offence under the Act. Such a person
is convicted at a Court of Petty Sessions and committed till the next
Court of Quarter Sessions to receive sentence, which may be to a year's
further imprisonment or to corporal punishment.
There is another class known as Vagrant, which does not come within
the jurisdiction of the Prison Authority, and who is known as the
destitute wayfarer or casual pauper. This class presents a curious
history of quasi-penal legislation. No special provision was made for
his case when the whole question of the Poor Law was comprehensively
dealt with by the celebrated Act of 1834. During the years following
that Act, there was an alarming increase of non-criminal vagrancy, and
the principle of relieving the casually destitute in "special" wards
of the Workhouse was established, and, with it, the principle of a
prescribed task of labour in return for food and lodging. There was,
however, no power to detain for more than four hours after breakfast
on the morning after admission. It was not till 1871 that the period
of detention was prolonged to the third day after admission, on proof
that there had been more than two admissions during the month; it
then became necessary to frame regulations for the detention of the
casual vagrant on lines analogous to those under which the prisoner
is detained:--labour, dietary, task, &c., and the casual ward became
in many respects a sort of miniature Prison for very short sentences.
These provisions, however, of which the purpose was to render detention
in Casual Wards unattractive, especially to the habitual Vagrant,
did not succeed in diminishing the number of the class of destitute
wayfarer, who have for so long been a puzzle and a problem to the Poor
Law reformer. The average numbers received into Casual Wards on a given
day, for the five years ended 1876, had risen from 2,945 to 8,012 for a
similar period ended 1913.
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