The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
The Prison Act, 1898, has also been of historical interest as being the
last deliberate decision of the legislature on the vexed question of
Corporal Punishment in Prisons. Previously to the Act, a sentence of
Corporal Punishment could be awarded in Convict Prisons by one of the
Directors, and in Local Prisons by the Visiting Magistrates for any
serious offence against prison discipline, and subject to no confirming
authority. It is now strictly limited as a penalty for gross personal
violence to prison officers, and for mutiny, or incitement to mutiny,
and then only in the case of prisoners convicted of felony or sentenced
to hard labour. A sentence can only be imposed by a tribunal consisting
of not less than three persons, two of whom must be Justices of the
Peace, and the order for corporal punishment from such tribunal cannot
be carried into effect until confirmed by the Secretary of State, to
whom a copy of the notes of evidence and a report of the sentence, and
of the grounds on which it was passed, must be furnished. Experience
has justified the wisdom of this enactment, which affords a sufficient
guarantee against excessive, or unnecessary, exercise of the powers
of corporal punishment. It has not been found that the discipline of
prisons has suffered, while a due security exists for the protection of
prison officers from violence. Public sentiment, which had previously
been uneasy on the question of flogging in Prisons, has accepted the
present limitation of power as a just and reasonable solution for
what has always been a very vexed and difficult question of prison
administration.
Again, a change of far-reaching importance in its effect on the
discipline and management of Local Prisons was introduced, _viz_:--the
power given to short-term prisoners to earn remission of their sentence
by special industry and good conduct. Prisoners whose sentence is for
over one month are now able to earn remission of a portion of their
imprisonment not exceeding one-sixth of the whole sentence. The power
to earn remission has always existed in the case of persons sentenced
to penal servitude, where the minimum sentence is three years, and its
great value, both as an incentive to industry and good conduct, and as
furnishing an element of hope and encouragement under long sentences,
has always been recognized. The expectation that the translation of
this privilege to the Local Prison System would operate in the same way
has been justified by experience.
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