The English Prison System

CHAPTER X.

Chapter 273,436 wordsPublic domain

FEMALE OFFENDERS.

At the date of the London Congress of 1872 there were more than 1,200 females in convict prisons undergoing penal servitude: to-day there are less than 100. In the same year, there were 44,554 committals to local prisons, representing 382·3 per 100,000 of the female population of the country. For each of the ten years ended 1913, the committals steadily decreased from, roughly, 50,000 to 30,000, and since that date, to about 12,000, or 76 per cent., representing in 1920 only 32 per 100,000 of the population of the country, as compared with 198 in 1913. The Local Prison daily average population has fallen from 3,198 to 2,375 during the ten years ended 1913-14, and to 1,137 in 1919-20, or 61 per cent., and that of the convict population from 149 to 82, a decrease of 45 per cent.

The great diminution of the female population has resulted in the closing of a large number of establishments. At the time the Prisons were taken over by the Government there were about 100 female prisons; to-day there are only 26, and of these only six had a daily average exceeding 50 in 1919-20.

Women sentenced to penal servitude are, as already stated, kept in a section of the local prison at Liverpool. Except in the Metropolis, those sentenced to ordinary imprisonment are kept in wings of local prisons, entirely detached from the male side, and are under the supervision of a matron, assisted by a female staff, the Governor of the whole establishment being responsible for general order and discipline. In the Metropolis, a large prison--Holloway--is given up entirely to the custody of female convicted prisoners, and is also the House of Detention for the unconvicted. The Governor is a medical man. At the largest Prisons the female population is under the supervision of a Lady Superintendent.

If we examine the causes that bring these women to prison annually, whether the population be high or low, it appears that nearly two-thirds are committed for Drunkenness or Prostitution. Each succeeding year presents a heavy and monotonous list of women who thieve, keep brothels, neglect, or illtreat their children and offend in various ways against the Vagrancy Laws or Police Regulations. For such offences, the figures of recidivism are appalling--about one in every five committed having incurred over 20 previous convictions--some as many as 100 or 200. The actual percentage of the total receptions annually who have been previously convicted is greater in the case of females than for males, the former ranging between 70 and 75 per cent., and the latter between 50 and 60 per cent, annually.

A striking illustration of the high rate of recidivism prevailing among the female population was afforded a few years ago, when an inquiry was instituted as to the numbers of women committed to Holloway Prison for Drunkenness, and their previous convictions for that offence. It showed that during the three years ended 1915, 10,888 committals for Drunkenness were recorded against 1,628 women, who, including the above convictions and those incurred _prior to 1913_, had on their combined records a total of 30,986 convictions. Of these 1,628 individual prisoners:--

1,092 were received in 1913, incurring in that year 2,768 convictions,

1,045 were received in 1914, incurring in that year 3,931 convictions,

813 were received in 1915, incurring in that year 4,189 convictions.

Amongst the 1,628 women was selected a group of 25, who, at the end of 1915, had each received ten or more convictions for this offence. All were stated to have been first offenders in 1913 and 1914. By the end of 1915, these 25 women had amassed a total of 353 convictions. This inquiry showed that in 1915 a falling population committed for Drunkenness was contributing more convictions per annum than formerly, _viz_:--5 per annum in 1915 as compared with 2.6 in 1913. The high rate of recidivism in the Local prison population limits the number of _individual_ women in the community who are sent to prison annually to a comparatively small total. Statistics show that over 32 per cent. of the total committed on conviction in a given year are sent to prison more than once in that period. This rate applied to the total receptions for 1919-20 would show that the whole Female population of prisons for that year was limited to slightly over 8,000 individuals.

It does not appear that until recently any special effort had been made to deal with the problem of the female recidivist: in fact, the study of the English Penal System does not show that at any time the method of dealing with criminal women has engaged that close attention which might have been expected from the nature and difficulty and importance of the problem. The law strikes men and women indifferently with the same penalties of penal servitude and imprisonment. In the case of women it only provides that they shall be separated from the other sex: that they shall be in the charge of female officers, and that they shall be relieved from the harder forms of labour. Generally speaking, the methods of punishment are the same, subject to such modification and exceptions as difference of sex obviously demands. This is not the place to examine those abstruse, psychological, and social causes which render the rehabilitation in honest life of women who have fallen from their high estate of probity and virtue so difficult. Prison workers can, from painful and almost daily experience, endorse the despairing plaint--

"L'honneur est comme une île, escarpée et sans bords, On n'y peut plus rentrer, quand on est dehors."

But the admitted difficulty of the task has not prevented the most strenuous efforts being made in this country during recent years to rescue the female prisoner by visitation in Prison and by after-care on discharge. In 1901 the Lady Visitors' Association was founded with the object of securing at each Prison a body of earnest and devoted ladies, with experience of rescue-work and a keen sympathy with even the most degraded of their sex. This body worked for many years under the presidency of Adeline, Duchess of Bedford, until her much lamented death which recently occurred. These ladies working in all the female prisons, local and convict, under a regular and approved system, by their unfailing devotion to the quiet, if trying and inglorious, duty of cellular visitation, and in close co-operation with the authorities, lay and religious, have discharged a great and difficult public duty. They have undoubtedly contributed to that decrease in the number of female prisoners which recent statistics illustrate. Apart from this, they have furnished a notable example of high christian endeavour, and many prisoners owe their reclamation to the light from the torch of promise which these Visitors hold high in their work of encouragement and persuasion to turn from the paths of crime and evil-doing.

Lady Visitors are appointed by the Commissioners, subject to the concurrence of the Visiting Committee and of the Prison Authorities, with a view to the regular and systematic visitation of _all_ Female prisoners, soon after reception, during sentence, and shortly before discharge.

In order that the assistance of Lady Visitors may be utilised to the fullest extent, Governors, Matrons, and Chaplains are instructed to inform all female prisoners, and to encourage them to avail themselves of the privilege within their reach.

It is the duty of the Chaplain at each Prison to endeavour to secure a sufficient number of Lady Visitors to attend to the needs of all female prisoners, and to take care, by a judicious distribution of duties, that all deserving cases receive consideration, and that no conflict or competition arises in the attention given to any individual case. As it is obvious that most practical good is likely to follow the ministrations of the Lady Visitors if their attention is concentrated mainly on the welfare of the prisoners on discharge, and if any influence that may be acquired over the prisoners while in prison is to be continued after release, it is desirable, in this connection, that use should be made of the services of any ladies who may be attached to the Discharged Prisoners' Aid Society. In order to secure the better direction of the services of Lady Visitors, and to avoid any clashing of duties, it has been found advisable that their work should be under the guidance of the Chaplain or Prison Minister.

Arrangements may be made for a Lady Visitor to deliver, or arrange for, addresses or lectures, to selected classes of prisoners, on any moral or useful subject.

A book is kept for the use of Lady Visitors, in which they may make any record they think desirable as to the action taken by them in regard to any prisoner, and in which they may enter any suggestion they may have to offer with regard to the industries on which prisoners could be employed, having regard to the needs of the locality and their welfare on discharge.

But it is to concentration of effort on the younger cases that the most fruitful and lasting results must be due. The application of the Borstal System to the young female, is being strenuously pursued at the Aylesbury Institution and is full of promise for the future. Here again the Prison authority relies greatly on the influence and aid of voluntary lady workers both inside the Institution and on discharge. The Visiting Committee, over which a lady presides, in addition to duties, judicial and other, prescribed by statute, take a keen personal interest in the work of the Institution,--laundry and domestic work, cooking classes, gardening, drill, school,--and make themselves acquainted with the personal character and history of the inmates. These, on discharge, pass into the hands of a Ladies' Committee of the Borstal Association who have already made the preliminary arrangements necessary for suitable disposal. As a rule, a girl passes straight to work, be it domestic service, or factory, or workshop. A social worker in the district, who places her services at the disposal of the Association, and known as an "Associate," is placed in touch with the case, for help or advice at any time. If possible, also, arrangements are made that the girl may benefit by association with any guild, club, or adult school, under the influence of which a relapse into idle or criminal habits might be prevented.

The Annual Reports of the Borstal Association show that on an average about 59 per cent. of girls discharged annually from Aylesbury are reported as satisfactory at the end of the year; 30 per cent. as unsatisfactory, and about 11 per cent. as having been reconvicted.

On the question of permanency of results of Borstal treatment, the following figures will be of interest:--132 girls were discharged from Aylesbury between 1st January, 1910, and 31st March 1914. In 1915 their records showed that 75 (or 56.8 per cent.) had not since been reported as reconvicted, and were satisfactory when last heard of; 17 (or 12.9 per cent.) were unsatisfactory when last heard of, but had not been reported as reconvicted; 35 (or 26.5 per cent.) had been reported as reconvicted; 2 had died; and 3 were sent to asylums. That is to say, over 69 per cent. had not been reported as reconvicted.

These figures are full of hope for the future when it is considered with what material we are dealing. It is nearly, if not quite, certain that if, as was till lately the case, these girls had on the occasion of each repeated offence, been made subject to a mere repetition of short sentences of imprisonment in the Local Prisons, they would, without exception, have drifted hopelessly and inevitably into the ranks of "professional" recidivism. To pick up and save even one from such a fate is a great and praiseworthy act, bringing as much honour to the worker who achieves it, as advantage to the community, which is at least freed from this one contaminating and hurtful influence: but to save even more than half, and as time goes on, it is hoped even more than that, is a work, not only of substantial material benefit to the State, and in that way patriotic in the best sense of the word, but a splendid example of human charity and effort, which is determined that these young erring creatures shall not glide down the easy current of shame and dishonour without at least an attempt to rescue and save.

As in the case of male offenders, there is also in operation at all Prisons, a "Modified" Borstal System for females, which may be applied up to the age of 25. The later age than in the case of males is due to the great desire of the Commissioners to segregate, as far as practicable, all young females from the contamination which experience shows must arise from any association with the older females, versed in crime and ever ready to corrupt, by their precept and example, the younger ones, who are still hesitating which path to choose.

The instructions regulating this class provide that cases up to the age of 25 may be admitted if the Authorities at the Prison are of opinion that benefit would result therefrom, and that no prejudicial influence would be exerted on younger inmates in the class. Admission to the class up to the age of 21 is the rule rather than the exception, but in any case where it is shown that a girl has rejected former efforts made to reclaim her, or that she is known to be likely to exert a corrupting influence on others, or that her manner or disposition, or previous history, are such as to make it probable that she will do so, the Authorities are empowered to exclude her from the class. The rules provide that such cases as are excluded shall be kept apart, as far as possible, from adult recidivist prisoners, and may, if thought desirable, receive special treatment. Care is to be taken that no prisoner shall be allowed to think that she is considered to be past hope or cure.

It is not likely, of course, that the same results can be obtained by the application of the "Modified" System to short sentences in local prisons, but there is satisfactory proof that the "individualization" of each case as it comes to prison, the care and attention given, the encouragement of any showing the least symptom of a desire to reform, are bearing fruit.

The fall in the annual number of young women, 16-21, received into prison on conviction, which has taken place during the fifteen years prior to the War, _viz_:--from 2,310 to 858, or 63 per cent., may be largely attributable to this special work in Prisons. It is to be regretted that during the War there has been a tendency for this particular age category to increase, the number received last year having risen to 1,098. But it may confidently be expected that with a return to normal conditions, this total will again decrease. Had not the terrible calamity of War impeded progress, steps would have been taken earlier to greatly improve and develop the State methods of dealing with young female offenders; but, as already stated, in view of the remarkable fall in the number of women sentenced to penal servitude, it has lately been found possible to transfer the female convicts from Aylesbury to a Wing of Liverpool prison, thus releasing the establishment entirely for use as an Institution under the Borstal Act. The powers conferred by this Act are largely extended by Section 10 of the Criminal Justice Administration Act, 1914. Whereas the former Act applies only to persons of criminal habits or tendencies convicted on indictment, this Section allows a sentence of detention in a Borstal Institution to be imposed in a case where an offender is summarily convicted of an offence for which a sentence of one month or upwards, without the option of a fine, can be imposed, but before an offender can be dealt with under this Section, it must _appear_ that there is criminal habit or tendency, and it must be _proved_ that there has been a previous conviction of an offence or a failure to observe a condition of recognizance on being discharged on probation. This same Act also raises the minimum period of detention in a Borstal Institution to two years, and increases the period during which a case may be kept under supervision after discharge.

Owing to this extension of powers under the Borstal Act a larger number of young women offenders are now falling within the meshes of the net, thus widely and wisely spread, the daily average having risen from 87 to 184.

In anticipation of such an increase, an extension of the scope of employment under skilled superintendence is being gradually introduced. Work in the open air, gardening, farm-work, tending poultry and stock, will be specially encouraged.

It is devoutly to be hoped that as the Borstal System for women develops, the march of the annual army of female recidivists through the prisons may be arrested. It can only be stopped by the concentration of a great effort, legal, official, and moral, on the young female offender. The easy irresponsible method of awarding sentences of a few days or weeks for repeated offences of a trivial nature is no remedy for the evil. The Borstal System catches comparatively few of these cases. If the age were extended, say to 30, in the case of women, and the principle of Reformatory sentences were approved by Parliament in every case where criminal tendency was observable, and a State Reformatory for this purpose were established, as it has lately been established in some States of America, then there might be some hope of rescuing from crime a larger percentage of women than is likely, or even possible, under the present system. By the daily operation of the law, sending these cases repeatedly and hopelessly to Prison, and from the present limitation of age (21) for the admission of women offenders to special reformatory treatment (_i.e._, under periods of detention long enough to give a chance of eradicating the evil tendency), no really great impression is going to be made on the girl or woman offender. The heavy roll of commitments to Prison and re-commitments will only cease when the State boldly recognizes the essential difference between the instincts and motives leading to criminal acts in the two sexes, and adapts its method of punishment and reformation accordingly.

The desirability of employing women for the superintendence and control of female prisoners is recognized. At the time when the Departmental Committee on Prisons, 1895, made their report, nearly 50,000 women were being committed annually to Prison, but that Committee did not consider that "the time of a Lady Inspector of Prisons would be sufficiently employed, but thought that a Lady Superintendent might be appointed who could not only do the ordinary work of inspection, but who could also be responsible for the general supervision of female prison industry, and for such other duty as the Secretary of State might consider it desirable to assign her." Since that date the annual committals have fallen by 78 per cent., the total commitments for last year being only 12,000; but the Commissioners have, for a considerable time, been assisted by a Lady Inspector of Prisons, and at each female prison there is a voluntary body of Lady Visitors, whose duties are referred to above; the welfare of young girls at the Aylesbury Institution, both during detention and on release, is the subject of anxious care and supervision by Lady Members of the Visiting Committee. Lately a new rank of Lady Superintendent has been created among the discipline staff of the largest female prisons. The presence of Ladies on the Visiting Committees of Prisons is in every way desirable, and it is hoped that, in the near future, the qualification of Justice of the Peace having been extended to the female sex, all Prisons for females may be subject to the visitation and jurisdiction of Lady Justices. It is recognized also that the medical care of females in penal institutions should be entrusted to Lady Doctors. We have been fortunate in securing very able and highly skilled women both at Holloway and Aylesbury, and their appointment has been an undoubted success.