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.
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.