London's Underworld

by Thomas Holmes

But the birch cannot be applied to lads over fourteen years of age, so it would be well to abolish it altogether, except in special cases, and for these the age might with advantage be extended. And, after all, imprisonment itself is physical punishment and a continued assault upon the body. But why imprison at all for such cases? We talk about imprisonment for debt; this is imprisonment for debt with a vengeance. Look! two lads are charged with one offence or two similar offences; one boy is from the upperworld, the other from below the line. The same magistrate fines the two boys an equal amount; the one boy pays, or his friends pay; but the other goes of a certainty to prison. Is it not absurd! rather, is it not unjust?

But whether it is absurd or unjust the result is certain—mathematically certain—in the development of a prison population.

During my police-court days I have seen hundreds of youths sitting crying in their cells consumed with fear, waiting their first experience of prison; I have seen their terror when first entering the prison van, and I know that when entering the prison portals their terror increased. But it soon vanished, for I have never seen boys cry, or show any signs of fear when going to prison for the second time. The reason for this I have already given: "fear of the unknown" has been removed. This fear may not be a very noble characteristic, but it is part of us, and it has a useful place, especially where penalties are likely to be incurred.

For many years I have been protesting against this needless imprisonment of youths, and now it has become part of my duty to visit prisons and to talk to youthful prisoners, I see the wholesale evil that attends this method of dealing with youthful offenders. And the same evils attend, though to perhaps a less degree, the prompt imprisonment of adults, who are unable to pay forthwith fines that have been imposed upon them.

It is always the poor, the very poor, the people below the line that suffer in this direction. Doubtless they merit some correction, and the magistrates consider that fines of ten shillings are appropriate, but then they thoughtlessly add "or seven days."

Think of the folly of it! because a man cannot pay a few shillings down, the State conveys him to prison and puts the community to the very considerable expense of keeping him. The law has fined him, but he cannot pay then, so the law turns round and fines the community.

What sense, decency, or profit can there possibly be in committing women to prison, even for drunkenness, for three, five or seven days? How can it profit either the State or the woman? It only serves to familiarise her with prison.

I could laugh at it, were it not so serious. Just look at this absurdity! A woman gets drunk on Thursday, she is charged on Friday. "Five shillings, or three days!" On Friday afternoon she enters prison, for the clerk has made out a "commitment," and the gaoler has handed her into the prison van. Her "commitment" is handed to the prison authorities; it is tabulated, so is she; but at nine o'clock next morning she is discharged from prison, for the law reckons every part of a day to be a complete day; and the law also says that there must be no discharge from prison on a Sunday, and to keep her till Monday would be illegal, for it would be "four days." How small, how disastrous, and how expensive it is!

If offenders, young or old, must be punished, let them be punished decently. If they ought to be sent to prison, to prison send them. But if their petty offences can be expunged by the payment of a few shillings, why not give them a little time to pay those fines? Such a course would stop for ever the miserable, deadly round of short expensive imprisonments. I have approached succeeding Home Secretaries upon this matter till I am tired; succeeding Home Secretaries have sent memorandums and recommendations to courts of summary jurisdiction till, I expect, they are tired, for generally they have had no effect in mitigating the evil.

Magistrates have the power to grant time for the payment of fines, but it is optional, not imperative. It is high time for a change, and surely it will come, for the absurdity cannot continue.