The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
Under the Common Law all gaols belonged to the King and by 5 Henry 4.
c. 10, it was enacted that none should be imprisoned by any justice
of the peace, but only in the "Common Gaol," saving the franchises of
those who have gaols. Except in special cases the gaols were under
the control of the sheriff, but the gaols which great noblemen and
bishops were allowed to maintain must have been governed by these
dignitaries, while the gaols which towns, liberties, or other bodies,
having no sheriffs, were empowered by charter or otherwise to keep,
must have been under the governing authorities of those bodies. By the
39th Eliz., another place of imprisonment was established for certain
classes of offenders, under the name of "House of Correction," and 7
James 1. c. 4, directs that, in every county, such a house should be
established, and means provided for setting rogues and idle persons
to work. These establishments were under the justices. The custom
gradually grew up of committing criminals of all classes to Houses of
Correction, and was legalized by 6 Geo. 1. c. 19 and 5 & 6 Will. 4. c.
38. s. 3, by which latter Act even sentence of death might be carried
out at these places; but debtors could still be committed only to the
Gaol and vagrants only to the House of Correction; and though it became
common to unite the two buildings under one roof, with one governing
staff, the two superior jurisdictions of the sheriff and the justices
over what was virtually one establishment were still maintained.
The title "House of Correction" was subsequently abolished by the
Prison Act, 1865, and since that date "Local Prison" has been the
official designation of the place of detention of persons sentenced
to imprisonment. A "Convict Prison" is a place of detention for a
person sentenced to penal servitude. There are fifty-six Local Prisons
in which sentences of imprisonment are served, (though 14 have been
temporarily closed during the war). They vary in size, from the large
Local Prisons in London, Manchester and Liverpool, with an average
population of 1,000 or more, to the small prisons in country districts
with a daily average of less than 100. By the Prison Act of 1877, the
entire management of these prisons was transferred from the various
local jurisdictions to the State, and the cost incidental to their
maintenance from the local rates to the Imperial Exchequer. They are
vested in the Secretary of State for the Home Department, and are
administered, subject to his approval, by a body of Commissioners
appointed by the Crown.
Public-domain text, read in full here on John Shaqi.
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