The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
The punishments that the Superior Courts can impose are, generally
speaking, penal servitude for grave offences, and ordinary imprisonment
for lesser offences. The special penalty of commitment to a Borstal
Institution, or to a State Inebriate Reformatory, may only be imposed
by a Superior Court. Superior Courts have, in addition, the power to
order Whipping in the case of Robbery with Violence, and of persons
deemed to be Incorrigible Rogues under the Vagrancy Act, and for
the offence of Procuration, under the Criminal Law Amendment Act,
1912. They have power also to order a person to be placed under the
Supervision of Police for a fixed period after his punishment. In the
Summary Courts the principal punishment is by fine. According to the
Judicial Statistics for 1913, fines were inflicted in about 88 per
cent. of the cases convicted for petty offences. Where a fine is not
paid, imprisonment is generally ordered to take place in satisfaction
in lieu of the fine. Out of 128,686 persons committed to Prison by
the Summary Courts in 1913-4, no less than 74,461 were imprisoned in
default of payment of fine, the amount of imprisonment being regulated
by statute in proportion to the amount of fine. Under the Criminal
Justice Administration Act, 1914, it is now obligatory on the part of
the Courts to allow time in which to pay the fine imposed. In 1918-19,
the number of persons received into prison in default of payment had
fallen enormously, only 5,264 being received, or about 2 per cent. of
the total sentenced by the Courts to pay a fine, as compared with 15
per cent. in 1913-14. Though the maximum term which may be imposed by
Summary Courts is limited to six months, in practice the great majority
of the sentences awarded do not exceed three months.
There are also the Juvenile Courts which deal with offenders under
sixteen, as to which particulars are given in a later chapter.
There is power also under the Probation of Offenders Act, 1907, for
any Court (either Superior or Summary) to release an offender on
probation--the former, in lieu of imposing a sentence of imprisonment,
or in the case of the latter, without proceeding to conviction. The
offender may be discharged conditionally on entering into recognizances
to be of good behaviour, and to appear for sentence or conviction at
any time within three years. The Court may, in addition, order the
offender to pay damages for injuries, or compensation. A recognizance
under this Act may contain a condition that the offender shall be
placed under the supervision of a Probation Officer, and other
conditions may be that he shall not associate with undesirable persons,
and that he shall abstain from intoxicating liquors, and, generally,
that he shall lead an industrious life. Details as to the operation of
the law will be given in a subsequent chapter.
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