Although the Justices lost their administrative powers, they remain in the shape of the "Visiting Committee," a body selected from the local Magistracy, as the judicial authority of Local Prisons, for hearing and determining reports against prisoners, and for the award of punishment. They also have large general powers of advice and suggestion; and the admitted success of the policy of centralization has been undoubtedly due to the wise compromise which continued the interest and concern of the local Magistracy in their local prisons; and which ensured not only just and patient hearing of reports against prisoners, but permitted reports on any abuses within the prison, and on complaints made by prisoners, by an independent judicial and unpaid body; and provided, at the same time, a tribunal to which the Secretary of State could always refer with confidence any question that might arise as between prisoners and the State. In certain respects, however, the judicial powers of the local magistrates were curtailed, e.g., powers of ordering confinement in a punishment cell were reduced from twenty-eight to fourteen days, and the award of corporal punishment was made dependent on the concurrence of two magistrates. In other respects, the tendency of the Act was towards a greater humanity of treatment. The rigid provisions of the Act of 1865 as to the enforcement of first class hard labour were modified. Under that Act, it was enforced for the whole of a sentence of three months, or even for an entire sentence, however long. Under the Act of 1877, the compulsory period was limited to one month. Another notable feature of the Act was the classification of prisoners into two divisions, one of which was that any person convicted of misdemeanour and sentenced to imprisonment without hard labour, might be ordered to be treated as a misdemeanant of the First Division, and, as such, was not deemed to be a criminal prisoner. Persons convicted of sedition or seditious libel, or imprisoned under any rule, order, or attachment, or for contempt of any Court, were to be placed in the First Division.
It is difficult to say whether the legislature intended this division, which, on the face of it, was a bold step in the way of differentiation, to be more than a reservation in favour of a few exceptional cases, such as are actually mentioned in the Act. The presumption is, having regard to the fact that prisoners treated as First Class Misdemeanants were not to be deemed criminal prisoners, that there was no intention to anticipate an elaborate classification, such as is now laid down, and that it was not realized what a vast importance rested in Classification, strictly so-called, and which finds its expression in the Prison Act, 1898. The powers given to the Secretary of State to make Rules under the Act of 1877 extended to such important matters as the treatment of prisoners awaiting trial, and of debtors; and the Rules then made, although modified in some details, remain essentially the same to-day. The principle of governing prisons by Rule made by the Secretary of State, subject to Parliamentary sanction, was still further developed in the Act of 1898, and may be said now to have been finally accepted as a wise and effective method for securing progressive change and reform without the necessity for revoking or enacting by the machinery of an Act of Parliament.
The Commissioners appointed under the Act took over their new duties on the 1st April, 1878. On that day, thirty-eight out of the 113 existing Prisons were closed. Sir Edmund Du Cane, the Chairman of the new Board of Commissioners, had been for some time Chairman of the Board of Directors administering Convict Prisons, and his influence soon became predominant till his retirement in 1895. His great administrative powers were devoted to securing the objects which, in his opinion, the Prison Act, 1877, intended to secure, viz:—(1) the application to all Prisons of a uniform system of punishment: (2) the best possible method for carrying out the primary object of punishment, viz:—the repression of crime: and (3) economy in expense.
As to (1), uniformity was secured by the adoption, as in the Convict Prisons, of a Progressive Stage System: by the adoption of a uniform and scientific dietary: a uniform system of education: a uniform system of first class hard labour by means of the treadwheel, the task for which was regulated by the most minute instructions as the task for hard labour in Prisons.
As to (2) it has since been made a charge against the administration of these days that it erred on the side of a too severe repression. To those who have lost their faith in the virtues of the cellular system, it may seem unduly rigorous that a prisoner should have remained subject to that system during the whole length of his sentence. There were, of course, exceptions to the general rule, e.g., persons employed in the service of the prison, and other forms of extra-cellular labour, but separate confinement remained the rule for Local Prisons. To those, also, who condemn all forms of mechanical and unproductive labour, it may seem unduly rigorous to have insisted so minutely on the exact performance of a task of so-called first class hard labour. It is doubtful if public sentiment at that time would have been satisfied with the comparative leniency of the modern prison régime. The result of the earnest thought and discussion which have taken place through the civilized world during the last quarter of a century on all matters affecting the welfare of the prisoner has been, no doubt, to place his punishment on a more rational basis than that of mere obedience to mechanical and uninteresting forms of labour. The State until now had had no experience in dealing with short sentences. The problem to be solved was a new one, viz:—how to deal effectively with a man who was in prison for only a few days or weeks, and to whom during that time no useful trade could be taught. It is indeed a problem which may well vex the brains of the wisest, and if the solution has not yet been found, we have at least got beyond the stage where it was thought sufficient, by the invention of fantastic devices for executing sentences of so-called hard labour, to give expression to a sentence of imprisonment. The Prison Authority of this day perhaps erred in regarding it as a part of their duty to add to the penalty prescribed by the Court by imposing, in the name of the Progressive Stage System, certain penalties and incapacities as a peculiar feature of the early Stages. The only precedent for dealing with short sentences was that afforded by Military Prisons. It is well-known that the Committee on Military Prisons of 1844, which was in favour of hard penal treatment—shot-drill, cranks, &c., (in use in military prisons as a punishment for recalcitrant soldiers) exercised a considerable influence with local authorities in administering Civil Prisons, and the reproach, so often directed to the Local Prison System, that it was too military in its character, was probably due to this source.
(3) With regard to economy, Sir E. Du Cane was formerly a distinguished officer of the Royal Engineers, and had been engaged for many years in advising the Secretary of State as Surveyor-General of Prisons. It was owing to his experience and capacity that, at a relatively small cost, the prison buildings soon after the Act were brought up to a high standard, both in construction and in sanitation. His financial ability was also of a high order, and economy, consistently with efficiency, became the order of the day. It may be that in some respects his desire for economy led him too far in the direction of retrenchment, both in buildings and in service, but, for the time being, he was justly credited with great administrative and financial success; and it appears from a table prepared in 1885, comparing expenditure on Local Prisons for seven years before and after the Act of 1877, that economy had been achieved amounting to nearly half-a-million of money. Further, in that same year, 1885, the prison population touched and continued at a lower level than had been previously known. For the year 1878, in which the Prisons were handed over to the Government, the Local Prison population was the highest known, viz:—21,030. From that date it fell almost continuously till February 1885, when it touched the lowest figure then known, viz:—15,484. There had been, moreover, a decrease in the yearly death rate, in the number of suicides, and in corporal punishments, and in the yearly average of dietary punishments. A greater variety of employment had been introduced, and a new uniform system of accounts had been established. The Chairman had some justification, therefore, for inferring from these facts and figures that not only had the new penal system been made effective for the repression of crime, but that the legislation of 1877 had completely succeeded in its object in promoting uniformity, economy, and a generally improved administration.
THE INQUIRY OF 1894: THE PRISON ACT, 1898: AND THE CRIMINAL JUSTICE ADMINISTRATION ACT, 1914.