The principle of the Borstal System received an important extension by the provisions of Section 10 of the Criminal Justice Administration Act, 1914. The condition that the particular offence must be indictable being removed, largely widens the scope and operation of the System. The same Act also raises the minimum period of detention, and extends that of "Supervision" after discharge. Considerable advantage is being taken of Section 10 since it became law, no fewer than 211 males and 42 females having been dealt with under its provisions in 1919-20.
THE HANDMAIDS OF THE PRISON SYSTEM:—
(1) THE CHILDREN ACT, 1908:
(2) THE PROBATION ACT, 1907.
(1) THE CHILDREN ACT, 1908.
The passing of the Children Act, 1908, which practically forbids imprisonment before sixteen years of age, marks the last stage in that slow and tedious journey which had to be undertaken by many devoted men and women who were conscious of the grave evils resulting from imprisonment, before it was generally realized that it was not by throwing children and young persons automatically and indiscriminately into gaol, that the grave problem of juvenile delinquency was going to be solved.
The Children Act, 1908, known as the "Children's Charter", revolutionized the penal law of this country, so far as the imprisonment of young persons under the age of sixteen was concerned, in the English law there is a conclusive presumption that children under seven years of age cannot have mens rea, and so cannot be made liable to be punished by criminal law. Between seven and fourteen years that presumption is no longer conclusive. Guilty knowledge may be shown by the fact of the offender having been previously convicted of some earlier offence, or even by the circumstances of the present offence. Full criminal responsibility is presumed at the age of fourteen. The Children Act, without reference to the question of criminal responsibility, prescribed a clear distinction between offences committed by children, i.e., persons under the age of fourteen, and young persons, i.e., between fourteen and sixteen. Neither "children" nor "young persons" i.e., no person under the age of sixteen, can now be sent to penal servitude or to imprisonment unless the Court certifies in the case of a young person, 14-16, that he is of so unruly a character that an alternative form of punishment is not desirable. Offenders under sixteen cannot be sentenced to death, but may be detained during His Majesty's Pleasure. Those guilty of grave crime, such as attempt to murder, manslaughter, &c., can be detained in such places, and under such conditions, as the Secretary of State may direct. The effect of this Act is, therefore, to withdraw all persons under sixteen entirely, or almost entirely, from the control of the Prison Authority. In lieu of detention in Prison, the Act creates "Places of Detention", to be established by the Police Authority of the district, the expense of maintenance being divided between the Police Authority and the Treasury. Young offenders may be committed to such Places of Detention for any period not exceeding one month, or on remand or committal for trial. Such establishments are subject to regulations and inspection by the Secretary of State. The Children Act, 1908, consolidated the law as to Reformatory and Industrial Schools, and, at the same time, introduced other amendments, e.g., that no child under twelve should be sent to a Reformatory School: children under that age may be sent to Industrial Schools, notwithstanding any previous conviction recorded against them: power is given to the Secretary of State to transfer from a Reformatory to an Industrial School, and vice versâ: power of control and supervision of cases up to the age of 19 is given to managers of Reformatory Schools where the term of detention expires earlier: earlier licensing in the case of Industrial Schools is permitted: and statutory reference is also made for providing special Reformatory and Industrial Schools for physically and mentally defective cases.
For some years prior to the passing of the Children Act, 1908, those interested in the welfare of the young had been trying to secure the hearing of charges against juvenile delinquents in Courts of Justice apart from those of adults. In 1905, several large towns had taken this step. At Birmingham, the first separate Court for children's cases was established in April, 1905, to which was attached the first Probation Officer for children.
In the same year, the Secretary of State issued a circular to Magistrates pointing out the evil resulting from contact with the more depraved and criminal adults, and asking them to consider what steps could be taken to prevent such contamination by securing their protection at Police Courts during the hearing of their cases.