The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
These facts certainly justify the hope that a successful attempt
has been inaugurated for dealing with the problem of Habitual Crime
and of Recidivism. As an additional security that the great powers
vested in the judge may not be appealed to lightly, and without the
fullest consideration, the Act provides that the consent of the
Director of Public Prosecutions must be obtained before a charge
for dealing with a prisoner as an Habitual Criminal can be inserted
in the indictment. This is sufficient guarantee that the intention
of Parliament, _viz_:-that the somewhat drastic provision, by which
the offender guilty of a grave crime can, after expiating a sentence
of penal servitude for that offence, be deprived of his liberty for
another period of ten years in the general interest, and for the
protection of society, shall not be applied to persons who, as stated
in Mr. Churchill's Memorandum, are "a nuisance rather than a danger to
society, or to the much larger class of those who are partly vagrants,
partly criminals, or who are, to a large extent, mentally deficient."
In other words, it must be clearly understood that this defensive power
is not meant to be used as a protection against Recidivism in petty
offences. It does not touch that large army of habitual vagrants,
drunkards, or offenders against bye-laws and Police Regulations, who
figure so largely in the ordinary prison population. It is a weapon of
defence to be used only where there is a danger to the community from
a professed doer of anti-social acts being at large, and reverting
cynically on discharge from prison to a repetition of predatory action
or violent conduct. Used in this way, with caution, it is, I think,
an invaluable instrument for social defence. It has remained rusty
during the war, only 80 having been sentenced under the Act during the
last four years; but it remains ready for application in the event of
the recrudescence of grave habitual crime, and it is earnestly to be
desired that both Judicial and Police Authority may make use of the
great powers conferred upon them by the Act to relieve society, at
least for a time, of those who are its professed enemies. The Act also
applies to women, but only eleven have been sentenced to Preventive
Detention since the Act came into force, and at present there are none
in custody.
CHAPTER VI.
IMPRISONMENT.
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