The Vagrancy Problem.: The Case for Measures of Restraint for Tramps, Loafers, and Unemployables: With a Study of Continental Detention Colonies and Labour HousesDawson, William Harbutt
History
The Vagrancy Problem.: The Case for Measures of Restraint for Tramps, Loafers, and Unemployables: With a Study of Continental Detention Colonies and Labour Houses
Dawson, William Harbutt
Poor laws; Poor laws -- Great Britain; Tramps; Unemployed
"Our view is that means should be provided to allow of the habitual
vagrant being dealt with otherwise than under the Vagrancy Act, and
that as far as possible, he should be treated not as a criminal, but
as a person requiring detention on account of his mode of life. This
is the principle which governs the system adopted in Belgium under
the law of 1891. For this purpose we propose that a class of habitual
vagrants should be defined by statute, and that this class should
include any person who has been three or more times convicted during
a period of, say, twelve months of certain offences now coming under
the Vagrancy Act, namely, sleeping out, begging, refusing to perform
task of work in casual wards, or refusing or neglecting to maintain
himself so that he becomes chargeable to the poor rate. It will be
seen that we do not propose to create any new offence, and that under
the existing law, this class could be dealt with as incorrigible
rogues. Under this proposal, a means is provided of enabling the Poor
Law authorities to deal with the class of "ins and outs" who now cause
considerable trouble in workhouse administration. We suggest that
persons coming within this definition should be committed by a petty
sessional court to quarter sessions or assizes, and there dealt with
in the same way as the incorrigible rogue, with the exception that
the sentence should be committed to a labour colony for a term not
exceeding three years."[73]
[Footnote 73: _Ibid._, p. 59.]
The Committee further endorse the objections to short sentences which
have been advanced times without number by critics of the Vagrancy
Laws, and propose that delinquents committed to the proposed Labour
Colonies should be detained for not less than six months or more than
three years, but that there should be power to curtail a sentence when
a prisoner showed good conduct or earned a certain sum of money in
wages, as is done at Merxplas.
"The evidence we have received shows conclusively that from any
practical point of view, it is impossible to defend a sentence of a
few days. That it is in no way deterrent to the vagrant is the opinion
of all the witnesses.... We are so fully convinced of the futility and
needless expense of the short sentence, that we consider it necessary
to urge that in any case, where the magistrate deems it expedient to
give a sentence of less than fourteen days for a vagrancy offence, the
sentence should be for one day only.... A sentence for one day means
that the prisoner is detained until the rising of the court, and then
discharged. Under our proposal this sentence would be a conviction;
the conviction would be recorded, and the offender would be warned
by the court that on his second or third conviction he would be
imprisoned for a considerable period or, if our later recommendations
are accepted, he would be committed for a still longer period of
detention in a labour colony as a habitual vagrant."[74]
Public-domain text, read in full here on John Shaqi.
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