CHAPTER II.

THE PRISON COMMISSION: OFFENCES, AND PUNISHMENTS.

The prisons in England and Wales are divided into (_a_) Convict, and (_b_) Local.

(_a_) Convict Prisons were created specially to contain convicts under sentence of transportation prior to, or in lieu of, removal to the penal colonies, and were constituted by special Acts of Parliament passed from time to time, which provided for their separate administration and inspection. In 1850, they were all placed under a Board of Directors who exercise all the powers formerly vested in the various bodies who managed them.

(_b_) Local Prisons.--By the Prison Act, 1877, county and borough prisons, which formerly belonged to the local authorities, were transferred to and vested in the Secretary of State, a permanent Commission, not exceeding five members, being created for the purpose of aiding the Secretary of State in carrying out the provisions of the Act.

In 1878, when the local prisons were thus transferred, there were, therefore, a Board of Directors of Convict Prisons, consisting of four members (including the Chairman) and a Board of Commissioners, consisting of four members (including the Chairman). The then Chairman of the Directors was appointed also Chairman of the Commissioners; but, except to this extent, at that time no further amalgamation took place, each class of prisons being administered separately. The two Boards still have separate legal existence, but under the Prison Act, 1898, every Prison Commissioner is, by virtue of his Office, also a Director of Convict Prisons. The Boards are now, in fact, if not in law, amalgamated.

The control of all Prisons is thus vested in a body of Commissioners, who act subject to the control and authority of the Secretary of State, who is himself directly responsible to Parliament for the whole administration.

In addition to the Convict and Local Prisons, the Commissioners are also responsible for the administration of the Institutions established by the Prevention of Crime Act, 1908, for dealing with:--

(a) young offenders, 16-21--Borstal Institutions.

(b) habitual criminals under 'Preventive Detention.' They are also responsible for the care and control of Habitual Inebriates sentenced under the Act of 1898; but, as pointed out later in dealing with the question of Inebriety, there are, at the present time, no inmates in custody.

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Offences against the criminal law can be classed generally into two divisions--Indictable (_i.e._ tried on indictment before a Superior Court): Summary (_i.e._ tried before a Court of Summary Jurisdiction). The Superior Courts are (1) Assizes: (2) General Quarter Sessions. (1) The _Assize Courts_ are itinerant criminal tribunals created by Commission to Judges of the High Court to try prisoners presented for trial by the grand juries for the several Counties in which the Assize is to be held. They can try any indictable offence whatever, and are the most important of criminal Courts of first instance. In London, a special Court, known as the Central Criminal Court, has been created by Statute, having the same powers as Courts of Assize, and sits monthly. (2) _Quarter Sessions._ These are held once a Quarter, and were originally meetings of the Justices of the Peace of a particular County. More recently, certain cities and boroughs have obtained the privilege of a local Court of Quarter Sessions, presided over by a Recorder, who must be a barrister. These Courts can try all indictable offences except such felonies as are punishable by Penal Servitude for Life or by Death.

Summary Justice is administered generally by Petty Sessional Courts composed of unpaid local Magistrates, not necessarily of legal experience, nominated by the Lord Chancellor; but in the Metropolis and other Cities and populous places, _e.g._, Birmingham, Leeds, Liverpool, _etc._, by paid Stipendiaries who are barristers of standing and repute, appointed by the Crown. The great mass of petty offences against the law is dealt with by these tribunals. Of late years, the powers of the Summary Courts have been extended so as to include certain indictable cases. Thus, young persons under 16, when charged with any indictable offence whatever, except homicide, may be dealt with summarily, subject to certain conditions; also adults, when charged with various forms of larceny, theft, embezzlement, &c., where the value of the property stolen does not exceed twenty pounds.

The punishments that the Superior Courts can impose are, generally speaking, penal servitude for grave offences, and ordinary imprisonment for lesser offences. The special penalty of commitment to a Borstal Institution, or to a State Inebriate Reformatory, may only be imposed by a Superior Court. Superior Courts have, in addition, the power to order Whipping in the case of Robbery with Violence, and of persons deemed to be Incorrigible Rogues under the Vagrancy Act, and for the offence of Procuration, under the Criminal Law Amendment Act, 1912. They have power also to order a person to be placed under the Supervision of Police for a fixed period after his punishment. In the Summary Courts the principal punishment is by fine. According to the Judicial Statistics for 1913, fines were inflicted in about 88 per cent. of the cases convicted for petty offences. Where a fine is not paid, imprisonment is generally ordered to take place in satisfaction in lieu of the fine. Out of 128,686 persons committed to Prison by the Summary Courts in 1913-4, no less than 74,461 were imprisoned in default of payment of fine, the amount of imprisonment being regulated by statute in proportion to the amount of fine. Under the Criminal Justice Administration Act, 1914, it is now obligatory on the part of the Courts to allow time in which to pay the fine imposed. In 1918-19, the number of persons received into prison in default of payment had fallen enormously, only 5,264 being received, or about 2 per cent. of the total sentenced by the Courts to pay a fine, as compared with 15 per cent. in 1913-14. Though the maximum term which may be imposed by Summary Courts is limited to six months, in practice the great majority of the sentences awarded do not exceed three months.

There are also the Juvenile Courts which deal with offenders under sixteen, as to which particulars are given in a later chapter.

There is power also under the Probation of Offenders Act, 1907, for any Court (either Superior or Summary) to release an offender on probation--the former, in lieu of imposing a sentence of imprisonment, or in the case of the latter, without proceeding to conviction. The offender may be discharged conditionally on entering into recognizances to be of good behaviour, and to appear for sentence or conviction at any time within three years. The Court may, in addition, order the offender to pay damages for injuries, or compensation. A recognizance under this Act may contain a condition that the offender shall be placed under the supervision of a Probation Officer, and other conditions may be that he shall not associate with undesirable persons, and that he shall abstain from intoxicating liquors, and, generally, that he shall lead an industrious life. Details as to the operation of the law will be given in a subsequent chapter.

Previously to 1907, there was no Court of Criminal Appeal. The general principle had been that in criminal cases no appeal was allowed to either party on any question of fact; the only resource for a wrongfully convicted man was to petition the Secretary of State. A prisoner now has an absolute right to appeal on any question of law, and, if leave be obtained, on any question of mixed fact and law. He also has the right to appeal against the sentence passed on him. Neither the Crown's Prerogative of Mercy, nor the powers of the Home Secretary to institute such inquiry as he may think fit, are affected by the Act.

The penalty of death is now practically restricted to cases of murder, although permitted by law in the case of treason, and certain forms of piracy and arson. The average number of capital sentences for the last ten years has been 25, and of these, 13 suffered the extreme penalty of the law.

I propose to commence the Study of the English Prison System by a short survey of the history of Penal Servitude,--an essential preliminary to an understanding of the System as it exists to-day.