Another respect in which the Report foreshadowed the future development of the System was the great stress laid on the importance of taking steps to secure the inspection of Convict Prisons from time to time by persons appointed by the Government unpaid and unconnected with the Department. This idea was resisted in the minority Report by one of the members of the Commission, and also by the Prison Authorities of that day. It denotes the want of public confidence which, at a time of awakening interest and curiosity in the administration, was sure to arise from a system of control which was vested in a close bureaucracy, such as almost from necessity, having regard to the history of the case, existed at that time for the management of Convict Prisons. It was nearly twenty years later that the principle, not only of unofficial visitation and inspection, but of actual co-operation in the government of Convict Prisons, was recognized by the Prison Act of 1898.
The succeeding ten years were marked by a remarkable fall in the number of sentences to Penal Servitude. The average yearly numbers, which for the five years ended 1864 had been 2,800, fell to 729 in 1890, or about two per 100,000 of the population,—a point at which it remained for many years; but during the last five years it has fallen to the lowest on record, viz:—·9 representing only 340 committals during the year. In 1891 an Act was passed reducing the minimum period of Penal Servitude from five years to three, and various minor alterations in the law affecting the practice of licensing convicts were also made; thus, convicts were allowed to earn marks during the nine months of separate confinement (with which each sentence commenced) in the same way as during the remainder of their sentence, so that the maximum remission to be earned is exactly one-fourth part of the whole sentence: also convicts serving remanets of former sentences became able to earn marks under remanets in the same manner as under original sentences. The same Act also gave power to the Secretary of State to remit the requirements as to reporting to Police on discharge.
PENAL SERVITUDE TO-DAY.
Three years later the principles of Prison treatment, as prescribed by law for all Prisons, Local and Convict, were made the subject of a fierce indictment in the public press. Criticism was directed, not only against the principles of administration, but even against the personnel of the administering authority. An inquiry, which was ordered by the Secretary of State, had reference mainly to the administration of Local Prisons which had been taken over by the Government in 1877, and were administered by a Board of Commissioners, distinct from the body of Directors, but it also called in question the principle of a long period of separate confinement which had for many years been the preliminary stage of a sentence of Penal Servitude. It also considered the question of offences committed by Habitual Criminals, whether in Local or in Convict Prisons, and offered the opinion that a new form of sentence should be placed at the disposal of Judges, by which such offenders might be segregated for long periods of detention under conditions differing from those either of Imprisonment or Penal Servitude.
The changes that have taken place in the Penal Servitude System since that date have been far-reaching and important.
1. The Progressive Stage System has been recast with the object of increasing the inducements to good conduct and industry in each Stage, and to bring the benefits of the System within the reach of the great majority of convicts who, by the shorter sentence of three years, under the operation of the Act of 1891, were excluded from them. At this time no convict whose sentence was less than six years, and who, after deducting one-fourth remission of sentence allowed to all convicts, was not more than four years in Prison, could fully profit by the System, and thus two-thirds of the convict population were not in Prison for a sufficiently long time to be really subject to the benefits which the Stage System offers. Only one-fourth just got beyond the Second Stage, while one-third did not reach the Fourth Stage, and none of these could reach the "Special" Class, which, with the privileges it entails, may be regarded as the principal reward which the Penal Servitude System affords. A convict in this Class earns a special remission of one week and extra gratuity, wears a special dress, and is eligible for special employment in positions of trust. The wisdom and value of the system consists in its adaptation to each period of sentence, so that it may be within the reach of each convict who works hard and behaves well to gain privileges.
2. Another serious defect in the Penal Servitude system at that time was insufficient classification. There was no classification except that of the "Star Class" as already described. The object of the "Star Class" was to segregate prisoners not previously convicted and not habitual criminals from those versed in crime. There were only 370 convicts out of a total of nearly 3,000, or not much more than one in ten, eligible for the "Star Class." The others were a heterogeneous mass, who, although not considered eligible for the exclusive caste of "Stars," yet, in age, character, and antecedents differed greatly. To meet this, convicts are now divided into (a) the Star Class; (b) the Intermediate Class; and (c) the Recidivist Class—each class being, as far as practicable, kept apart by themselves, and not allowed to associate with convicts of the other classes. (a) The Star Class.—Any convict may be eligible for this class who has never been previously convicted, or who is not habitually criminal or of corrupt habits. Convicts in this class may be liable to be removed to the Intermediate Class if found to exercise a bad influence over other convicts; (b) The Intermediate Class.—Any convict may be placed in this class who has not been previously convicted, but who, owing to his general character and antecedents, is not considered by the Directors to be suitable for the Star Class; or whose record shows that he has been previously convicted, but not of such grave or persistent crime as would bring him within the Recidivist Class. Convicts in this Class may be promoted to the Star Class on their showing proof of a reformed character, or they may be reduced to the Recidivist Class if they are known to be exercising a bad influence over other convicts. (c) The Recidivist Class.—Any convict may be placed in this class who has been previously sentenced to Penal Servitude or whose record shows that he has been guilty of grave or persistent crime; or whose licence, under a sentence of Penal Servitude, has been revoked or forfeited. There is also a separate classification of convicts sentenced to Penal Servitude who, on conviction, are under the age of 21 years.