The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
"Only the great need of society to be secured from professional or
dangerous criminals can justify the prolongation of the ordinary
sentences of penal servitude by the addition of such Preventive
Detention. It appears a matter of much importance that this should
be clearly understood, and that the idea should not grow up that
Preventive Detention affords a pleasant and easy asylum for persons
whose moral weakness or defective education has rendered them merely a
nuisance to society. The Secretary of State is satisfied that no case
has been established, either from the statistics of crime or otherwise,
for an increase in the general severity of the criminal code, and
certainly no increase of general severity was within the intention of
Lord Gladstone in proposing, or the House of Commons in passing, the
Prevention of Crime Act. On the contrary, it was intended to introduce
such mitigation into the conditions of convict life as would allow the
longer detention of those persons only who are professional criminals
engaged in the more serious forms of crime. This is indicated in the
Act by the fact that Preventive Detention cannot be imposed except for
a crime of such a character that it has justified the passing of a
sentence of penal servitude. It was, moreover, repeatedly stated by
Lord Gladstone in the course of the debates that the Bill was devised
for 'the advanced dangerous criminal,' for 'the persistent dangerous
criminal,' for 'the most hardened criminals': its object was 'to give
the State effective control over dangerous offenders': it was not
to be applied to persons who were 'a nuisance rather than a danger
to society,' or to the 'much larger class of those who were partly
vagrants, partly criminals, and who were to a large extent mentally
deficient.' On the 12th June 1908, he explained to the House of Commons
that the intention was to deal not with mere habituals but with
professionals: 'For sixty per cent the present system was sufficiently
deterrent, but for the professional class it was inadequate. There
was a distinction well known to criminologists between habituals and
professionals. Habituals were men who drop into crime from their
surroundings or physical disability, or mental deficiency, rather
than from any active intention to plunder their fellow creatures or
from being criminals for the sake of crime. The professionals were
the men with an object, sound in mind--so far as a criminal could be
sound in mind--and in body, competent, often highly skilled, and who
deliberately, with their eyes open, preferred a life of crime, and knew
all the tricks and turns and manœuvres necessary for that life. It was
with that class that the Bill would deal.' Although, therefore, the
term 'habitual' is used, it is clear that not all habituals but only
the professional class is aimed at by the Act, which not only restricts
the use of Preventive Detention to those already found deserving of
Public-domain text, read in full here on John Shaqi.
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