The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
As to the future, there seems to me to be three directions in which
those who are pressing for prison reform might usefully proceed:--
1. The organization of Probation on large and well-considered national
lines.
2. The application of some of the principles of Preventive Detention
to our Penal Servitude system.
3. The co-ordination, with a view to the prevention of crime, of all
organized effort, collective and individual, now existing in this
country, and of which most of the value is wasted from the absence of
unity of aim, and of mutual co-operation.
1. Though Probation is ancillary to the Prison System, and is closely
allied to the actual administration of justice in the Courts of law,
its method and working must be of profound interest and importance to
all who desire to find alternatives, consistent with the due assertion
of the law, to commitment to prison. This, as is so often said, should
be the last and not the first resort. Custom, routine, and the fatal
ease, and saving of trouble to all concerned, has, in the past, induced
the tendency to regard the warrant of commitment to prison as the
ordinary and only expedient for satisfying the claims of Justice. It
is only of late years that the successful operation of Probation, or
_sursis á l'exécution de la peine_ in foreign countries, and notably
in some of the States of America, has awakened a lively and growing
interest in this method of finding an alternative to imprisonment; and
here we have to steer a wise and prudent course between the Scylla of
harsh infliction of a '_peine déshonorante_' which imprisonment for a
few days really is, and the Charybdis of undue leniency. This is the
function of the Magistrate: on him depends a successful working of the
system, and he must have a deciding voice as to its application. Put
consistently with the free authority and discretion of the Court, it
ought to be possible to create a national system, for which the Lord
Chancellor, or Secretary of State, as Chief of the Magistracy, would be
responsible. I would not advise the imposition of any official system
independently of the Courts, but only that the political heads of the
Judiciary should take steps to satisfy themselves that Probation,
as a system, is working efficiently at every criminal court in the
country, before whom offenders of all ages, liable to the penalty of
imprisonment, are brought. It is the function of the Secretary of
State to take steps to satisfy himself that the Police Forces of the
country are working efficiently, without in any way interfering with
the discretion of the local Police Authority in the management of their
respective forces. This is done by a system of State-Inspection, and a
certificate of efficiency when all is reported well. The same system
might be applied to Probation. State control would only be exercised
through an Inspector-General at Whitehall, who would be assisted by
Chief Probation officers in the various judicial areas. These would
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