The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
The System pursued for rendering aid to discharged convicts, and the
means taken for their rehabilitation will be dealt with in a subsequent
Chapter.
CHAPTER V.
PREVENTIVE DETENTION.
Preventive Detention is the name given to a form of custody, provided
by the Prevention of Crime Act, 1908, for the protection of the
public from the Habitual Criminal. The Judge has the power of passing
a sentence of penal servitude for the particular crime charged in
the indictment, and to pass a _further_ sentence ordering, from the
determination of the sentence of penal servitude, that the prisoner
shall be detained for a period not exceeding ten years in Preventive
Detention. Such a sentence cannot be passed unless the jury finds on
evidence that the offender is an "Habitual Criminal", that is to say,
that since the age of 16 he has been at least three times previously
convicted of crime, and that he is persistently leading a dishonest or
criminal life. During the public inquiry into Prison administration
of 1894 the question had been raised whether a new form of sentence
should not be placed at the disposal of the judges for dealing with
persons convicted of "professional" crime. The word "professional" is
used in a technical sense to denote men whose Penal Records show that
they have lived systematically by thieving and robbery, and that their
acquisitive instincts have not been controlled by the fear and example
of punishment. It appears from a census of the convict population of
1901 that of the total convict population of 2,879, no less than 1,342
had been previously sentenced to penal servitude or to three or more
terms for serious crime involving sentences of six months and over. Of
these, no less than 1,213 were convicted of offences against property,
and it is interesting to observe that as we descend from the best to
the worst, there is a proportionate increase of crime against property,
until it can be almost said that the "professional" criminal as defined
constitutes a separate and peculiar class which demands a special and
peculiar treatment. As stated in the volume of Judicial Statistics for
1897, "It is a fact that has to be faced that neither penal servitude
nor imprisonment serves to deter this class of offender from returning
to crime. His crime is not due to special causes such as sudden
passion, drunkenness, or temporary distress, but to a settled intention
to gain a living by dishonesty." It was proposed in 1903 to set up
in Convict Prisons a "Habitual Offenders" Division, and that Courts,
when satisfied that a person convicted on indictment of an offence
punishable by penal servitude after more than two previous convictions
on indictment, was leading a persistently dishonest or criminal life,
and that it was expedient for the protection of the public that he
should be kept in detention for a term of years, should have power,
after passing a sentence of penal servitude for not less than seven
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