The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
Central Association is positive, as prescribing that, under careful
and kindly shepherding and supervision, a man shall actually work where
work is found for him, and shall remain at work under the penalty of
report for failing to observe the conditions of licence. The difference
between the negative and positive forms of licence has been the subject
of much discussion in the United States of America, where the English
methods, as prescribed by the Penal Servitude Acts of last century,
have been ruled out of court by a strong public opinion, which insists
that for many of the crimes for which men are sentenced to Penal
Servitude, it is neither necessary nor reasonable to inflict a long
period of segregation under severe penal conditions. It is felt there,
as it is by many people in this country, that a comparatively short
period, followed by discharge on _positive_ licence, with liability to
forfeiture on relapse, would restore many men to normal conditions of
life before the habit of hard work had been blunted by imprisonment,
and family and other ties broken, and would save large sums of public
money now spent on imprisonment.
The application of the principle of Preventive Detention to our
Penal Servitude System would, of course, involve the question of the
Indeterminate Sentence. That opinion is hardening in the direction of
some such system in lieu of Penal Servitude is demonstrated by the
fact that at the last International Congress in Washington in 1910, a
resolution in favour of the Indeterminate Sentence, as a punishment for
grave crime, was carried unanimously by delegates representing most of
the countries of Europe and of the civilised world.
The successful working depends almost entirely on the capacity and
discretion of the Advisory Committee, appointed under Section 14(4)
of the Act of 1908, and what success has been attained is due to the
care taken by the Committee in the investigation of each individual
case, and in the suggestions offered to guide the Secretary of State
in deciding the question of conditional release. By the death of Sir
Edward Clayton, Chairman of this Committee since 1914, a great public
loss has been sustained. He devoted himself during the latter years
of his life with untiring energy to the duties of this office, for
which he was pre-eminently qualified by his long experience in prison
administration, as well as by largeness of view and understanding of
the criminal problem. From the elaborate Memorandum which he wrote
shortly before his death, it appears that his experience at Camp
Hill made him a strong advocate of the Indeterminate Sentence, and
he feared that the fixing of a definite limit, irrespective of a
man's reformation, may defeat eventually the intention of the Act.
The intention of the Act was, it will be remembered, primarily that
there should be no fixed limit of detention, but Parliament thought
otherwise, and the present limit of ten years, with a minimum of five,
was decided upon.
Public-domain text, read in full here on John Shaqi.
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