The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
The great majority of cases dealt with under Section 1 of the Act are
for cruelty to children (459 out of 586 up to the end of 1913) and the
tendency of the day is more and more towards Summary procedure, owing
largely to the delay, and expense, and trouble involved by commitment
for trial under this Section to the Superior Courts.
With regard to Section 2, which enables Summary Courts to send to
Inebriate Reformatories persons convicted of certain scheduled offences
of drunkenness, only about 4,300 have been dealt with since the Act
became law, although during that period more than 3,500,000 persons
have been convicted in Summary Courts of drunken behaviour.
The reluctance of the Courts to pass long sentences of detention,
especially in the case of men, (more than 80 per cent. of the
commitments are women): the comparative ease and simplicity of
commitment to Prison: the delay and difficulty involved by a
comparatively cumbrous procedure; and an uncertainty as to the prospect
of recovery, as a result of special treatment--all these things operate
against any wide use of the law in Summary Courts, which is also
hindered by the absence of any definite instruction as to the share to
be borne by the State and the Local Authority, respectively, in the
maintenance of these Institutions.
Opinion has, however, been by no means indifferent to the operation
of the Act, and is far from being satisfied at the present time
with the extent of its application. In 1908, the Secretary of State
appointed a strong Committee to inquire as to the operation of the
Law, and to report what amendments, either in law or administration,
were desirable; and their valuable recommendations will probably
receive the attention of Parliament in the near future. The principal
proposals are in the direction of increasing the power of the Summary
Courts, giving to Magistrates a discretionary power to send to
Reformatories, in addition to, or in substitution of, imprisonment,
all persons who are adjudged to be Inebriates and who commit offences
now dealt with summarily by committal to Prison. It is also proposed
that the necessity for proving three previous convictions shall be
abolished, and that the State should, at its own cost, provide for
the accommodation and maintenance of all Inebriates committed by
Courts. With regard to penalty, the free use of the Probation Act was
recommended under special conditions suitable to the case. If, however,
Probation were not thought desirable, it was proposed that the first
sentence to a Reformatory should be for a period not exceeding six
months, to be followed by a period of Probation; but where an Inebriate
forfeits such Probation, on breach of its conditions, he shall be
liable to be committed to a Reformatory for a period not exceeding one
year, again, on release, to be subject to Probation; but if he again
forfeits such Probation, for two years, and, in the event of further
forfeiture, for three years.
Public-domain text, read in full here on John Shaqi.
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