The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
Secondly,--The Prison Act, 1898, created a Triple Division of
offenders, power being given to the Courts to direct the treatment
in one or other of the Divisions, having regard to the nature of the
offence, and the character and antecedents of the offender. It will
be remembered that the Act of 1877 had not gone further in the way
of Classification than the establishment of the Division known as
First Class Misdemeanants. This provision was repealed, and under
the new law Courts have, generally speaking, an absolute discretion
as to the Division in which any convicted prisoner shall be placed.
The Rules regulating the treatment of each Division are, of course,
subject to Parliamentary sanction. It was hoped, at the time, that
the Courts would gladly and readily avail themselves of these new and
enlarged powers, although it is recognized that a great responsibility
is thus imposed upon the Courts, whose duty, if strictly fulfilled,
would be to discriminate in each case brought before it, and to order
treatment according to character and antecedents. In this way, it was
hoped to secure that "_individualisation de la peine_", which modern
penitentiary science declares to be the ideal at which a good penal
system should aim. Courts have not, however, shown a keen desire to
exercise this fresh power to the extent contemplated by the Act, the
number committed to the Second Division representing not much more than
an average of about three per cent of the total eligible committals.
The traditional methods of commitment to ordinary imprisonment,
with, or without Hard Labour, have so deeply affected the criminal
administration of Summary Courts that it has proved difficult to escape
from their influence, in spite of the great power of discrimination
which the Act affords.
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