To such a body would be affiliated the associations which exist in many parts of the country for the care of the mentally defective.
There is a growing appreciation on the part of Magistrates, and the public generally, of the close and often undiscovered association between crime and mental deficiency. Steps are now being taken, notably in the Midlands and the North of England, for establishing a co-operation between the Police Authority, the Courts of law, and Committees of the County Council, working under the Mental Deficiency Act. If such co-operation could become general throughout the country, a new and formidable 'preventive' against many acts of petty and repeated lawlessness would be created, and there is little doubt that many persons of both sexes who hitherto have spent their lives in and out of Prison—the despair of the Courts, a source of perpetual trouble to Police, and of nuisance to their neighbours, would, on inquiry, and mental observation, be found to be 'irresponsibles', and proper subjects for medical care, rather than the grim severity of ceaseless and useless imprisonment. The long and mournful roll of incurable recidivists would cease to haunt our prisons, and public places; and under Institutional care, would, at least, be removed from evil-doing, if they did not regain, under medical care, their opportunity for reinstatement in normal industrious life.
It is in these directions that I think that the hope of dealing effectively with the ever-present criminal problem lies. Let those who are anxious to get to the heart of this problem know that the solution lies, not in abstract theories of so-called Prison Reform: not in academical discussion of the best prison system to adopt: not in the old vexed controversies of the comparative value of the cellular or associated plan, but in patient observation of every human being, while in the custody of the State for an infraction of its laws, and in aiding the reconstruction of a life that has failed, by the adoption of a system of After-care, on the lines I have described, or, which is far better still, in endeavouring to create such a network of preventive work throughout the land, that, as a nation, we may rejoice in being able to feel that, at least so far as human effort can avail, Prison, with all its consequences, shall be the last and not the first resort, which, in the absence of well-organized preventive and curative measures, it has too often been in the past.
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.