The English Prison System

by Sir Evelyn Ruggles-Brise

1. The organization of Probation on large and well-considered national lines.

2. The application of some of the principles of Preventive Detention to our Penal Servitude system.

3. The co-ordination, with a view to the prevention of crime, of all organized effort, collective and individual, now existing in this country, and of which most of the value is wasted from the absence of unity of aim, and of mutual co-operation.

1. Though Probation is ancillary to the Prison System, and is closely allied to the actual administration of justice in the Courts of law, its method and working must be of profound interest and importance to all who desire to find alternatives, consistent with the due assertion of the law, to commitment to prison. This, as is so often said, should be the last and not the first resort. Custom, routine, and the fatal ease, and saving of trouble to all concerned, has, in the past, induced the tendency to regard the warrant of commitment to prison as the ordinary and only expedient for satisfying the claims of Justice. It is only of late years that the successful operation of Probation, or sursis á l'exécution de la peine in foreign countries, and notably in some of the States of America, has awakened a lively and growing interest in this method of finding an alternative to imprisonment; and here we have to steer a wise and prudent course between the Scylla of harsh infliction of a 'peine déshonorante' which imprisonment for a few days really is, and the Charybdis of undue leniency. This is the function of the Magistrate: on him depends a successful working of the system, and he must have a deciding voice as to its application. Put consistently with the free authority and discretion of the Court, it ought to be possible to create a national system, for which the Lord Chancellor, or Secretary of State, as Chief of the Magistracy, would be responsible. I would not advise the imposition of any official system independently of the Courts, but only that the political heads of the Judiciary should take steps to satisfy themselves that Probation, as a system, is working efficiently at every criminal court in the country, before whom offenders of all ages, liable to the penalty of imprisonment, are brought. It is the function of the Secretary of State to take steps to satisfy himself that the Police Forces of the country are working efficiently, without in any way interfering with the discretion of the local Police Authority in the management of their respective forces. This is done by a system of State-Inspection, and a certificate of efficiency when all is reported well. The same system might be applied to Probation. State control would only be exercised through an Inspector-General at Whitehall, who would be assisted by Chief Probation officers in the various judicial areas. These would be paid by the State, and a system could be devised by which the State granted a subsidy in aid of the salaries of the general body of Probation officers, who would be appointed locally under regulations approved by the Secretary of State. Such aid would be dependent, as in the case of Police, on an annual certificate of efficiency. By such means an admirable 'Salvage Corps' would be created. By 'Salvage' I mean a body of devoted men and women who, from knowledge of the character and history of individual cases, would be in a position to furnish the Courts with information and suggestions which would enable them to exercise a wise direction whether or not in any case Justice would be satisfied by granting a 'sursis', subject to satisfactory conditions and guarantees, to the penalty of imprisonment. Such a system would not conflict with the full authority and discretion of the Court, and would, at the same time, prevent Justice from striking blindly at the offender, by being in possession of material facts, which, under the present system, are often concealed from it.

Such a system would be a striking advance on the road of the individualization of the offender, which is the aim and purpose of the modern penal system in all civilized countries.

2. The principle of Preventive Detention, which might perhaps be extended with advantage, but with great care and prudence, to our Penal Servitude System, is that expressed by the Advisory Committee (Section 14 (4) of the Prevention of Crime Act, 1908, Part II), and the provision for After-care (Section 15 of the same Act).

Long sentences of penal servitude are now reported periodically to the Home Office for review and consideration. Without impinging in any way on the authority of the Court, which fixes the term of the sentence, it might be arranged that such reports should be accompanied by a report of an Advisory Committee, set up at each convict prison, whose opinion would be of value to the Secretary of State in deciding whether conditional licence under adequate safeguards could be granted, or whether the stern penalty of a sentence of penal servitude having been sufficiently expiated, there might be a commutation of the sentence to the less rigorous conditions of Preventive Detention. The great success which has attended the work of the Advisory Committee at Camp Hill seems to justify the extension of the principle, quite consistently with a due and exact regard for the interests of Justice and the protection of society.

Section 12 of the Prevention of Crime Act, 1908, gives power to the Secretary of State to commute in certain cases to Preventive Detention. An Advisory Committee could fitly advise as to the occasion for the exercise of this power.

3. In addressing the Central Committee of Aid Societies last year, I ventured to propose the foundation of a National Society for the Prevention of Crime. I was led to this proposal by the experience which has come to me in watching the operation of the great network of effort now employed in diverse capacities throughout the country, not only in the aid of prisoners discharged from ordinary or local prisons, but in the supervision of Borstal, Penal Servitude, and Preventive Detention cases through the admirable machinery of the Borstal and Central Associations. In addition to these recognised, and more or less State-aided, instruments for dealing with the actual offender, we have the preventive agencies for the supervision of cases discharged from Industrial and Reformatory Schools, as well as the large field of care and tutelage for those placed on Probation,—all these methods for after-care and prevention are co-ordinated with the help given by other benevolent or religious Societies, thus forming a compact whole of altruistic effort of what is known in France as 'Patronage', or a National life-saving apparatus.

My idea was to stabilize and unify all this somewhat unconnected effort by the formation of a Central Council, on which all persons or societies working in the field of reclamation, either of young or of old, could be brought, so to speak, under 'one umbrella'.

There would be Committees of such Central Council in every selected area or district, on which would be represented the local Aid Society, the local Probation officer, the Associate of the Borstal and Central Associations, agents of the Reformatory and Industrial School Department, and any local representatives for dealing with the care and employment of the young.