Law -- England; Poor -- England; Poor laws -- England; Working class -- England
The statistics of the police courts show that in one year 92,000 citizens
were imprisoned in default of the payment of a fine and 80,000 imprisoned
without the option. The number of persons sentenced to pay fines is no
less than 460,000. Every year new statutes are passed making new offences
which can be committed with practical impunity by those whose purses are
long enough. Under the heading Betting and Gaming, 3,346 persons were
fined and only 738 went to prison. Under the heading Motor Cars, 10,631
were fined and only 36 went to prison in default; under the heading Sunday
Trading, 6,654 were fined and only 12 went to prison by default. These
offences are generally committed by persons with some money; but where the
parties are poor what a terrible difference in their punishment. The mere
giving of time to pay fines will not abolish this injustice unless the
fines are made, as has been suggested, in some ratio proportionate to a
man's income. If it were enacted that a fine should not exceed a day's
wage earned by the prisoner, that would be a method of doing away with the
burden of useless imprisonment that has to be borne by the poor. It is no
use enacting that the Court in fining an offender shall take into
consideration the means of the offender. I make no doubt that this is done
already to a large extent by stipendiaries and the more enlightened
magistrates. What is wanted is an actual printed tariff of fines fairly
proportioned to the means of the offender, beyond which the magistrates
may not go. Measures that depend on the sympathetic working by the members
of the bench will be in many districts a dead letter, and inasmuch as the
folk who go to prison in these cases are always poor people, very little
will be known of their trouble except by those few persons who study blue
books and statistics.
This habit of the magistracy to ignore the good intentions of Parliament
and the Home Office is in nothing more marked than in the refusal of many
country benches to give bail to poor people charged with offences that
have to be tried at Sessions or Assizes. Many judges have called the Grand
Juries' attention to the large number of prisoners who are left in prison
awaiting trial, some of whom are ultimately acquitted. But this is one of
the matters where magistrates must of necessity have discretion, and
although they receive Home Office circulars calling attention to their
duties in the matter of bail they prefer to go their own wrong-headed way
and unnecessarily keep a large number of poor persons in prison who might
quite safely be allowed to remain out on bail.
Public-domain text, read in full here on John Shaqi.
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