Chapter 9

Power of court to pass sentence of detention in Borstal Institution.

(1) Where a person is convicted on indictment of an offence for which he is liable to be sentenced to penal servitude or imprisonment, and it appears to the court—

(a) that the person is not less than sixteen nor more than twenty-one years of age; and(b) that, by reason of his criminal habits or tendencies, or association with persons of bad character, it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime;

(a) that the person is not less than sixteen nor more than twenty-one years of age; and

(b) that, by reason of his criminal habits or tendencies, or association with persons of bad character, it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime;

it shall be lawful for the court, in lieu of passing a sentence of penal servitude or imprisonment, to pass a sentence of detention under penal discipline in a Borstal Institution for a term of not less than[2]one year nor more than three years:

Provided that, before passing such a sentence, the court shall consider any report or representations which may be made to it by or on behalf of the Prison Commissioners as to the suitability of the case for treatment in a Borstal Institution, and shall be satisfied that the character, state of health, and mental condition of the offender, and the other circumstances of the case, are such that the offender is likely to profit by such instruction and discipline as aforesaid.

(2) The Secretary of State may by order direct that this section shall extend to persons apparently under such age not exceeding the age of twenty-three as may be specified in the order, and upon such an order being made this section shall, whilst the order is in force, have effect as if the specified age were substituted for "twenty-one":

Provided that such an order shall not be made until a draft thereof has lain before each House of Parliament for not less than thirty days during the session of Parliament, and if either House, before the expiration of that period, presents an address to His Majesty against the draft or any part thereof, no further proceedings shall be taken thereon, but without prejudice to the making of any new draft order.

Application to reformatory school offences.

2. Where a youthful offender sentenced to detention in a reformatory school is convicted under any Act before a court of summary jurisdiction of the offence of committing a breach of the rules of the school, or of inciting to such a breach, or of escaping from such a school, and the court might under that Act sentence the offender to imprisonment, the court may, in lieu of sentencing him to imprisonment, sentence him to detention in a Borstal Institution for a term not less than[3]one year nor more than three years, and in such case the sentence shall supersede the sentence of detention in a reformatory school.

Power to transfer from prison to Borstal Institution.

3. The Secretary of State may, if satisfied that a person undergoing penal servitude or imprisoned in consequence of a sentence passed either before or after the passing of this Act, being within the limits of age within which persons may be detained in a Borstal Institution, might with advantage be detained in a Borstal Institution, authorise the Prison Commissioners to transfer him from prison to a Borstal Institution, there to serve the whole or any part of the unexpired residue of his sentence, and whilst detained in, or placed out on licence from, such an institution, this Part of this Act shall apply to him as if he had been originally sentenced to detention in a Borstal Institution.

Establishment of Borstal Institutions.

4.—(1) For the purposes of this Part of this Act the Secretary of State may establish Borstal Institutions, that is to say, places in which young offenders whilst detained may be given such industrial training and other instruction, and be subjected to such disciplinary and moral influences as will conduce to their reformation and the prevention of crime, and for that purpose may, with the approval of the Treasury, authorise the Prison Commissioners either to acquire any land or to erect or acquire any building or to appropriate the wholeor any part of any land or building vested in them or under their control, and any expenses incurred under this section shall be paid out of moneys provided by Parliament.

(2) The Secretary of State may make regulations for the rule and management of any Borstal Institution, and the constitution of a visiting committee thereof, and for the classification, treatment, and employment and control of persons sent to it in pursuance of this Part of this Act, and for their temporary detention until arrangements can be made for sending them to the institution, and, subject to any adaptations, alterations, and exceptions made by such regulations, the Prison Acts, 1865 to 1898 (including the penal provisions thereof), and the rules thereunder, shall apply in the case of every such institution as if it were a prison.

Power to release on Licence

5.—(1) Subject to regulations by the Secretary of State, the Prison Commissioners may at any time after the expiration of six months, or, in the case of a female, three months, from the commencement of the term of detention, if satisfied that there is a reasonable probability that the offender will abstain from crime and lead a useful and industrious life, by licence permit him to be discharged from the Borstal Institution on condition that he be placed under the supervision or authority of any society or person named in the licence who may be willing to take charge of the case.

(2) A licence under this section shall be in force until the term for which the offender was sentenced to detention has expired, unless sooner revoked or forfeited.

(3) Subject to regulations by the Secretary of State, a licence under this section may be revoked at any time by the Prison Commissioners, and where a licence has been revoked the person to whom the licence related shall return to the Borstal Institution, and, if he fails to do so, may be apprehended without warrant and taken to the institution.

(4) If a person absent from a Borstal Institution under such a licence escapes from the supervision of the society or person in whose charge he is placed, or commits any breach of the conditions contained in the licence, he shall be considered thereby to have forfeited the licence.

(5) A court of summary jurisdiction for the place where the Borstal Institution from which a person has beenplaced out on licence is situate or where such a person is found may, on information on oath that the licence has been forfeited under this section, issue a warrant for his apprehension, and he shall, on apprehension, be brought before a court of summary jurisdiction, which, if satisfied that the licence has been forfeited, may order him to be remitted to the Borstal Institution, and may commit him to any prison within the jurisdiction of the court until he can conveniently be removed to the institution.

(6) The time during which a person is absent from a Borstal Institution under such a licence shall be treated as part of the time of his detention in the institution: Provided that where that person has failed to return to the institution on the licence being forfeited or revoked, the time which elapses after his failure so to return shall be excluded in computing the time during which he is to be detained in the institution.

(7) A licence under this section shall be in such form and shall contain such conditions as may be prescribed by regulations made by the Secretary of State.

Supervision after expiration of term of sentence.

6.—(1) Every person sentenced to detention in a Borstal Institution shall, on the expiration of the term of his sentence, remain for a further period of[4]six months under the supervision of the Prison Commissioners.

(2) The Prison Commissioners may grant to any person under their supervision a licence in accordance with the last foregoing section, and may revoke any such licence and recall the person to a Borstal Institution, and any person so recalled may be detained in a Borstal Institution for a period not exceeding[5]three months, and may at any time be again placed out on licence:

Provided that a person shall not be so recalled unless the Prison Commissioners are of opinion that the recall is necessary for his protection, and they shall again place him out on licence as soon as possible[6]and at latest within three months after the recall, and that a person so recalled shall not in any case be detained after the expiration of the said period of six months' supervision.

(3) A licence granted to a person before the expiration of his sentence of detention in a Borstal Institution shall, on his becoming liable to be under supervision in accordance with this section, continue in force after the expiration of that term, and may be revoked in manner provided by the last foregoing section.

(4) The Secretary of State may at any time order that a person under supervision under this section shall cease to be under such supervision.

Transfer of incorrigibles, &c. to prison.

7. Where a person detained in a Borstal Institution is reported to the Secretary of State by the visiting committee of such institution to be incorrigible, or to be exercising a bad influence on the other inmates of the institution, the Secretary of State may commute the unexpired residue of the term of detention to such term of imprisonment, with or without hard labour, as the Secretary of State may determine, but in no case exceeding such unexpired residue.

Treasury contributions towards expenses of societies assisting, &c. persons discharged from Borstal Institutions.

8. Where a society has undertaken the duty of assisting or supervising persons discharged from a Borstal Institution, either absolutely or on licence, there may be paid to the society out of money provided by Parliament towards the expenses of the society incurred in connection with the persons so discharged such sums on such conditions as the Secretary of State, with the approval of the Treasury, may recommend.

Removal from one part of the United Kingdom to another.

9. Where a person has been sentenced to detention in a Borstal Institution in one part of the United Kingdom, the Secretary of State, the Secretary for Scotland or the Lord Lieutenant of Ireland, as the case may be, may, as authority under this Act for that part of the United Kingdom, direct that person to be removed to and detained in a Borstal Institution in another part of the United Kingdom, with the consent of the authority under this Act for that other part.

EXTRACT FROM THE CRIMINAL JUSTICE ADMINISTRATION ACT, 1914 (4 & 5 Geo. 5, cap. 58).

Committals to Borstal Institutions.

Power to send youthful delinquents to Borstal institutions

10.—(1) Where a person is summarily convicted of any offence for which the court has power to impose a sentence of imprisonment for one month or upwards without the option of a fine, and—

(a) it appears to the court that the offender is not less than sixteen nor more than twenty-one years of age; and(b) it is proved that the offender has previously been convicted of any offence or, that having been previously discharged on probation, he failed to observe a condition of his recognizance; and(c) it appears to the court that by reason of the offender's criminal habits or tendencies, or association with persons of bad character, it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime,

(a) it appears to the court that the offender is not less than sixteen nor more than twenty-one years of age; and

(b) it is proved that the offender has previously been convicted of any offence or, that having been previously discharged on probation, he failed to observe a condition of his recognizance; and

(c) it appears to the court that by reason of the offender's criminal habits or tendencies, or association with persons of bad character, it is expedient that he should be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime,

8 Edw. 7, c. 59.

it shall be lawful for the court, in lieu of passing sentence, to commit the offender to prison until the next quarter sessions, and the court of quarter sessions shall inquire into the circumstances of the case, and, if it appears to the court that the offender is of such age as aforesaid and that for any such reason as aforesaid it is expedient that the offender should be subject to such detention as aforesaid, shall pass such sentence of detention in a Borstal institution as is authorised by Part I. of the Prevention of Crime Act, 1908, as amended by this Act; otherwise the court shall deal with the case in any way in which the court of summary jurisdiction might have dealt with it.

(2) A court of summary jurisdiction or court of quarter sessions, before dealing with any case under this section, shall consider any report or representations which may be made to it by or on behalf of the Prison Commissioners as to the suitability of the offender for such detention as aforesaid, and a court of summary jurisdiction shall, where necessary, adjourn the case for the purpose of giving an opportunity for such a report or representations being made.

(3) Where a person is committed to prison under this section, his treatment in prison shall, so far as practicable, be similar to that in Borstal institutions, or he may, if the Secretary of State so directs, be transferred to a Borstal institution.

8 Edw. 7 c. 15.

(4) The Costs in Criminal Cases Act, 1908, shall apply in the case of a person committed to prison by a court of summary jurisdiction under this section as if that person were committed for trial for an indictable offence.

(5) A person sentenced by a court of quarter sessions under this section to detention in a Borstal institution may appeal against the sentence to the Court of Criminal Appeal as if he had been convicted on indictment, and the provisions of the Criminal Appeal Act, 1907, shall apply accordingly.

7 Edw. 7 c. 23.

(6) This section shall come into operation on the first day of September nineteen hundred and fifteen.

Amendment and application of Part I. of the Prevention of Crime Act, 1908.

11.—(1) The term for which a person or youthful offender may be sentenced to detention in a Borstal institution under section one or section two of the Prevention of Crime Act, 1908, shall not be less than two years, and accordingly "two years" shall be substituted for "one year" in subsection (1) of section one and in section two respectively of that Act.

(2) The period for which a person sentenced to detention in a Borstal institution is on the expiration of the term of his sentence to remain under the supervision of the Prison Commissioners shall be one year, and accordingly "one year" shall be substituted for "six months" in subsection (1) of section six of the same Act.

(3) The maximum period for which a person so under the supervision of the Prison Commissioners may on recall to a Borstal institution be detained in such an institution shall be one year, and he may be so detained notwithstanding that the period of supervision has expired, and accordingly "one year" shall be substituted for "three months" in subsection (2) of section six of that Act.

(4) The provisions of Part I. of the Prevention of Crime Act, 1908, as so amended, shall apply to persons sentenced to detention in a Borstal institution under this Act in like manner as they apply to persons sentenced under that Part of that Act.

FOOTNOTES:[2]Altered to two years (vide Sec. 11 (1), C.J.A. Act, 1914).[3]Altered to two years (vide Sec. 11 (1), C.J.A. Act, 1914).[4]Altered to one year, (vide Sec. 11 (2), C.J.A. Act, 1914).[5]" " one year, (" " 11 (3), " " ").[6]The passage from "and at latest" to "six months supervision" repealed by C.J.A. Act, 1914.

FOOTNOTES:

[2]Altered to two years (vide Sec. 11 (1), C.J.A. Act, 1914).

[3]Altered to two years (vide Sec. 11 (1), C.J.A. Act, 1914).

[4]Altered to one year, (vide Sec. 11 (2), C.J.A. Act, 1914).

[5]" " one year, (" " 11 (3), " " ").

[6]The passage from "and at latest" to "six months supervision" repealed by C.J.A. Act, 1914.

BORSTAL INSTITUTIONS

FOR

MALES AND FEMALES.

Regulations made by the Secretary of State under Section 4 (2) of the Prevention of Crime Act, 1908.

Grades.

1. Persons sentenced to detention under Penal discipline in a Borstal Institution, or transferred for the purpose of such detention under Section 3 of the Act, shall be divided into grades, proceeding from the Ordinary to the Special Grade, where promotion is justified by industry and good conduct. Failing that, inmates may be degraded or forfeit any privileges of their Grade, or be reduced to the Penal Class.

2. Promotion will be regulated by the close personal observation of the inmates, attention being specially paid to their general behaviour, their amenability to discipline, and their attention to instruction, both literary and industrial.

3. There will be an ascending scale of privileges enjoyed by inmates as they pass from one Grade to another.

4. Inmates may be placed in the Penal Class by order of the Governor if believed by him to be exercising a bad influence, but no inmate shall be detained in it longer than is necessary in the interests of himself or others. While in the Penal Class, inmates shall be employed in separation at work of a hard and laborious nature and wear a special dress.

5. Promotion in the early stages will be decided by the Governor, on the report of the party officers. Promotion to the Probationary and Special Grades will be by the selection of a Board, to be called the Institution Board (composed of such officers of the Institution as the Prison Commissioners may select), at their monthly meeting, but inmates shall not be promoted unless the Board are satisfied that they deserve it, and they shall not be retained in either Grade, should it be considered necessary to remove them for any good reason.

Inmates may qualify for the Probationary Grade after passing nine months in the lower Grades in the case of males, and twelve months in the case of females.

6. Well-conducted inmates in the Special Grade may be selected by the Governor for work in places of trust and confidence on the farm or elsewhere, may be placed on parole, and may perform their work under such conditions for custody and supervision as he may think fit.

7. Inmates in the Special Grade, in addition to other privileges, will wear, in addition to a distinctive dress, a good conduct badge for every three months passed in the Special Grade. For every such badge they may be allowed a small money payment, which may be devoted to the purchase of approved objects, or sent to their relations.

8. They may also be specially selected for the duties of monitors, and will assist in the administration of the Establishment in various capacities, and will be known as the "Star Special" Grade.

9. The Visiting Committee shall consist of not less than six persons appointed by the Secretary of State. They shall hold office for such period not exceeding three years as may be fixed by the Secretary of State. They may exercise all such powers as are given to the Visiting Committees by the rules for the Government of Local Prisons made under the Prison Act, 1898.

10. As soon as any person is sentenced to detention in a Borstal Institution, arrangements shall be made for his removal thither, and until such arrangements can be made, he will be specially located and segregated in the prison of the district whence he was committed, and be subject to the Prison Rules for offenders sentenced to imprisonment without hard labour: provided that where, owing to lack of accommodation in the Borstal Institutions, immediate arrangements cannot be made for the removal of any person so sentenced to any Borstal Institution, the Prison Commissioners may temporarily locate such person in a prison where training similar to that given in Borstal Institutions is being given to a class of Juvenile-Adult prisoners; and any person so located shall not be allowed to associate with anyprisoners except members of the Juvenile-Adult class, and shall be removed to a Borstal Institution as soon as accommodation is available.

11. Gratuities shall be placed to the credit of inmates, and shall be expended in assisting them on discharge.

12. When the Institution Board, having closely examined into the character and conduct of an inmate, and being satisfied, after communication with any society or person interested in the case, that there is a reasonable probability (1) that he will lead a useful and industrious life and abstain from crime, and (2) that employment will be found for him, may at any time, always provided that he has served not less than six months of his sentence, or three months in the case of females, submit the case to the Visiting Committee who, if they think fit, may thereupon recommend to the Prison Commissioners that he be discharged from the Institution on licence.

13. Special provision will be made for the discharge on licence of each inmate by arrangement with benevolent societies or persons who may be willing to assist the case on discharge. Full information will be afforded, and help given, to such societies or persons with the object of securing a continuous and well-directed supervision of the case, both at the moment of discharge and afterwards at the home or place to which the inmate goes. Every encouragement will be given to preliminary visitation in the Institution before discharge, in order that the Society or individual may have a personal knowledge of the inmate, and be in possession of the views of the authorities of the Institution concerning him.

14. If the Prison Commissioners are satisfied that an inmate who has been released on licence has escaped from the supervision of the Society or person under whose care he has been placed, or has been guilty of serious and wilful breach of the conditions of his licence, and that the case cannot be dealt with by admonition and warning, they may revoke the licence in pursuance of Section 5 (3) of the Act.

15. Inmates whose licences have been revoked under Section 5 (3), or forfeited under Section 5 (4) of the Act, may be detained in the Penal Class for such length of time as the Institution Board shall deem it necessary, having regard to all the circumstances of the case or they may be placed in the Ordinary Grade, but shall not be promoted therefrom except with the approval of the Prison Commissioners.

16. The Form of Licence under Section 5 (1) and of Revocation under Section 5 (3) of the Act shall be in the form of the Schedules appended hereto.

SCHEDULE A.

PREVENTION OF CRIME ACT, 1908.No.(8 Edw. 7. Ch. 59.)CRIMINAL JUSTICE ADMINISTRATION ACT, 1914.(4 & 5 Geo. 5, Ch. 58.)

Order for Discharge on Licence from a Borstal Institution.

PRISON COMMISSION,Home Office, Whitehall,...... day of ...... 19..The Prison Commissioners, in pursuance of the powers conferred upon them by the Prevention of Crime Act, 1908, do by this Licence permit ......, who at the ...... held at ...... on the ...... of ......, 19.., for the ...... of ...... was convicted of ...... and was sentenced to detention in a Borstal Institution for a term of ...... years, and is now detained in the Institution at ......, to be discharged from the said Institution within thirty days from the date hereof on condition that he places himself under the care, supervision and authority of the Honorary Director of the Borstal Association, until the expiration of his sentence on the ...... of ...... 19.., and during the further period of one year for which he is liable by the said Act to remain under supervision, namely until the ...... day of ...... 19.., unless the Prison Commissioners sooner revoke or alter this Licence.This Licence is granted subject to the conditions endorsed hereon, upon the breach of any of which it will be liable to be revoked or forfeited.Secretary, Prison Commission.

Conditions.

1. The Licensee shall proceed to 15, Buckingham Street, Strand, W.C. and shall not without the consent of the Society or person under whose charge he has been placed, remove from that place or such other place as may be named by the Society or person.

2. He shall obey such instructions as he may receive with regard to punctual and regular attendance at employment or otherwise; he shall report himself periodically, either personally or by letter, if required to do so; he shall not change his address without permission.

3. He shall abstain from any violation of the law, shall not associate with persons of bad character, and shall lead a sober and industrious life to the satisfaction of the Borstal Association.

Attention is directed to the following Provisions of "The Prevention of Crime Act, 1908."

Section 5. (3) A licence under this section may be revoked at any time by the Prison Commissioners, and where a licence has been revoked the person to whom the licence related shall return to the Borstal Institution, and if he fails to do so may be apprehended without warrant and taken to the Institution.

(4) If a person absent from a Borstal Institution under such a licence escapes from the supervision of the Society or person in whose charge he is placed, or commits any breach of the conditions contained in the licence, he shall be considered thereby to have forfeited the licence.

(6) The time during which a person is absent from a Borstal Institution under such a licence shall be treated as part of the time of his detention in the Institution; provided that where that person has failed to return to the Institution on the licence being forfeited or revoked, the time which elapses after his failure so to return shall be excluded in computing the time during which he is to be detained in the Institution.

I hereby acknowledge that I am aware of the above-named conditions, &c., which have been explained to me.

Inmate.Governor.

SCHEDULE B.

PREVENTION OF CRIME ACT, 1908, (8 Edw. 7, Ch. 59.)CRIMINAL JUSTICE ADMINISTRATION ACT, 1914.(4 & 5 Geo. 5, Ch. 58.)

No.

Order of Revocation of Licence for Dischargefrom Borstal Institution.

Whereas by Licence bearing date the ...... day of ...... 19.., you ..... being a person under sentence of detention in the Borstal Institution, were duly licensed to the care of the Honorary Director of the Borstal Association, of 15, Buckingham Street, Strand, in the County of London, for the period of ...... months, ...... days, from ...... the Prison Commissioners do hereby revoke the said Licence from the date hereof, and require you the said ...... forthwith to return to the Institution at ......Given under my hand this ...... day of ...... 19..Secretary.

Note.—A person failing to return to a Borstal Institution on revocation of his Licence may be apprehended without warrant and be taken to the Institution.

(SeeSection 5 (3) of the Prevention of Crime Act, 1908.)

MEMORANDUM TO GOVERNORS, MALE BORSTAL INSTITUTIONS.

The following arrangements for carrying out the Borstal System have been arrived at after a series of experiments lasting over twelve years. Conferences have been held from time to time among the various Governors and others who have been charged with the carrying of the System into effect and it is believed that these arrangements will fulfil the object at which they aim,viz:—the due instruction and reclamation of Borstal inmates by the means suggested—physical, mental, and moral.

The System aims at an intellectual, physical, and moral improvement and development of each inmate. The first will be secured by a carefully arranged educational system appropriate to the needs of each. The second by a methodical system of labour, which shall be, as far as possible, of an interesting and instructive kind analogous to the day of a free workman in full employment. Drill and Gymnastics for the bodily development of inmates will be a leading feature of the System. Education and labour well organized will thus largely contribute to the "disciplinary and moral influences" referred to in Section 4 of the Act. There will be, in addition, the moral precept and example of the Staff, superior and subordinate. Each and all have a great trust confided to them, which is to raise the young offender, by personal influences and wise exhortation, to a due sense of duties and responsibilities as a law-abiding citizen. The System will rest primarily on good discipline, firmly but kindly administered. In the obedience which follows from this is the beginning of moral improvement This being secured, the System admits a wide latitude for trust and confidence in the later stages, whence will spring the sense of honour and self-respect. When this sentiment has been inculcated, the purpose of the Act may be said to be fulfilled, namely, the reformation of the offender, and, incidentally, the repression of crime, for if the criminal habit be arrested at the beginning, the supply of criminals in the later stages of their career is effectively stopped.

1. The Borstal course in future will be as follows:—

(a) the Ordinary Grade—3 months.(b) the Intermediate Grade—6 months: divided into two Sections A & B.(c) the Probationary Grade,(d) the Special Grade, and(e) the Star Special Grade.

The Penal Grade will be known, in future, as the PenalClass, so as to avoid confusion with other Grades.

2. Inmates in the Ordinary Grade will work in association during the day, but in order to prevent lads in this stage being kept for unduly long periods in separate confinement, arrangements will be made by which inmates shall not retire to their rooms until late in the evening. Education will take place in the evening as furnishing an opportunity for bringing the lads out of their rooms, or, failing this, some other means will be devised. Inmates in this Grade will go through the ordinary course of physical exercises and drill, but will be debarred from the privileges which can be earned later of games, &c. It is obvious that the period passed in the Ordinary Grade will furnish the opportunity for special observation and attribution to later employment, &c.

3. The system of awarding marks to indicate progress through and out of the Grade will be discontinued. The award of gratuity will also be abolished, but a sum of £1 will be paid to the Borstal Association for each inmate released, for the purpose of providing assistance to inmates on discharge. The inmates will be divided into Divisions, and a Tutor will be allocated to each.

He will act, so to speak, as the Headmaster of a Division, and will be responsible for advising the Governor as to the conduct, character, and progress of each individual lad. No lad will be passed out of the Ordinary Grade unless the Governor is satisfied, after consultation with the Tutor, the Principal and the Party Officers, that his conduct and industry are such as to merit advancement. The conduct will be recorded weekly in a Register kept for the purpose, for which the Principal Officer of the Division will be responsible. The Instructor or Party Officer will be supplied with pocket registers in which notes will be made containing anything of importance concerning the character, demeanour, and industry of the lad. These will be collected by the Principal Officer of the Division and brought before the Tutor or head of the Division, and will, as stated, furnish the Governor with the opportunity of making his decision as to the advancement of the lad out of the Ordinary Grade.

4. A lad on passing out of the Ordinary Grade will pass into the Intermediate Grade 'A'. He will then have the privilege ofmeals in association, and he may associate on Saturday afternoons and Sundays, during which time talking may be allowed, and games, such as chess and draughts, may be played in the corridor. After remaining for three months in this Grade, he will pass into the Intermediate Grade 'B,' where he will be allowed to play games in the open air.

5. After completing three months in Intermediate Grade 'B', inmates should be eligible for the Probationary Grade, but no inmate will be passed into the Probationary Grade except after formal consideration of his case by the Institution Board. No inmate will pass out of the Probationary Grade except on special certificate of the Institution Board that he has profited by his training and can safely be trusted with the liberties and privileges of the Special Grade. There will be no automatic passage to the Special Grade, which will consist only of those who have proved their fitness for consideration and distinction, and in whose case a reasonable hope exists that they may be fit subjects for conditional release. Release will be regulated by Instruction No. 22.

6. The Division under the leadership of the Tutor will be organized in such a way that competition between Sections may stimulate a healthy rivalry and competition, which can be proved in different ways,e.g.by proficiency on parade, or by games in the open air, or by literary or artistic competitions, or any other way that may be devised. The object of this organization is to furnish means for dividing the Establishment into separate sections and promoting healthy rivalry between each, and to establish a close personal relation between the head of the Division and every individual in it.

7. The Penal Class will be separately located and clothed in ordinary prison dress. They will be specially employed on hard manual or bodily labour. Failing such employment on the land in any capacity, they will be employed on the penal forms of labour already in existence,i.e., grain-grinding or stonebreaking.

8. In order to furnish a still further stimulus, a Star Special Grade will be introduced. To this could be admitted lads who had shown special proficiency as Captains of Companies or as Monitors in the Halls. It is proposed to introduce gradually the monitorial system by which lads would be placed in charge of sections both in the Halls and on the Parade Ground, and at games. Specially proficient lads might even supervise parties at labour, &c. Where this character and proficiency is shown, promotion will be made to the Star Special Grade. A distinctive article of dress will be worn, but these details will be worked out by each Governor on the spot, after observing the general operation of the System.

9. Labour parties, and numbers assignable to each, will be strictly and definitely prescribed. Selection will be made for instruction in special trades, and for distribution of the remaining strength, as shall be arranged by the Governor.

It will be clearly understood that there will be no casual distribution of labour in unauthorized parties. Every lad assigned to a definite employment for due observation will be maintained in that employment until specially removed, and will not be employed on any other. For any incidental work which may become necessary, labour and staff will be provided by special arrangement from one of the existing parties. One of the principal complaints against the System has been that the parties and officers have been constantly shifted. This will no longer be the case.

10. The Staff will be divided first of all into a main labour shift, which will be on duty day after day with the inmates during labour hours; and a domestic shift which will do duty from early morning till mid-day, and from mid-day till the closing of the Institution. This morning and evening duty will alternate from day to day. Appointments to fill vacancies in the staff will be to the Domestic shift. While serving in the Domestic shift they will be able to perform the duties allotted to them and acquire a sufficient knowledge of the work and objects of the Institution so as to enable them in time to pass into the main labour shift. The Probationers thus selected for service at Borstal Institutions will not pass through the Prison Officers' Training School. They will be specially instructed as to their duties on joining by the Governor, the Chaplain, the Medical Officer, and the Tutors, but this will take the place of the ordinary training, and they will be liable to report at the end of four months as to their fitness for Borstal work, and again at the end of their twelve months' probation. Great care will be taken not to pass for permanent service in a Borstal Institution any officer who does not show a special zeal, aptitude and interest for the duties entrusted to him.

11. It has been decided that a change shall be made in the title of Borstal Officers. They will be known as Borstal Officers simply. The Governor will be assisted in his daily duties by the Tutors, whose functions are detailed in paragraph 3. These Tutors (who will be members of the Institution Board) will have the rank of Acting Deputy Governor with all the powers of Deputy Governors and will be in charge of the Establishment in the absence of the Governor.

The head of the executive staff will be known as Chief of Staff, the Principal Warders as "Principal Officers" and others as ordinary "Officers", and they will wear Uniform different from that of a Prison Warder. The Chief of Staff will be the medium of communication between the Principal Officers and the Governor.The Chief of Staff will, of course, have no power of adjudication, and every matter reported to him by Principal Officers as heads of sections will be reported to the Governor for such action as the Governor may order.

12. The object of the system is to individualize, and this can only be done with the cordial co-operation of the Tutors, whose time will be devoted to the careful observation of each inmate coming within their command. Subject, of course, to the general authority and supervision of the Chaplain, the Tutors will, in addition to their other duties, be responsible for the organisation of the Education of inmates in the lower and higher stages. Elementary Education will, as a rule, be left in the hands of the Schoolmasters, provided for this purpose, but the Tutors will themselves superintend and conduct the Higher and Technical Education in conformity with the Syllabus laid down.

13. It is not necessary to fill in this sketch of the system to be aimed at in greater detail. The problem of the best system to adopt for the handling, treatment and the reclamation of these lads can only be arrived at after much experience. Governors will have a free hand in experimental work, and will at their respective Institutions work out the system as best they can, with the co-operation of an efficient staff. Details as to hours of duty etc. are matters which can generally be arranged by discussion between the Governor and his staff. Officers will understand that the Borstal System is a very peculiar and difficult problem, and that the administration of it differs essentially from that of ordinary prisons. They will, I feel sure, co-operate heartily with any scheme which the Commissioners may decide is necessary for the full efficiency of the system.

E. RUGGLES-BRISE.

Instructions for carrying out the Regulations under the Prevention of Crime Act, 1908.

MALES.

1. All inmates on reception will be placed in the Ordinary Grade when they will pass by Progressive Stages through a Probationary to a Special Grade.

Ordinary Grade.

2. An inmate will remain in the Ordinary Grade for at least three months, and will be employed on domestic service.

No Association at meals: no conversation.

During this period he will be carefully observed by the whole staff as to his character, mentality, and fitness for a special trade.

One letter on reception. One letter and one visit (30 minutes), or letter in lieu.

Intermediate Grade "A".

3. At least three months: placed in a trade suitable to his individual taste and capacity. Meals in association. No games in evening. Games on Saturday. Two letters and one visit (40 minutes) or letter in lieu.

Intermediate Grade "B".

4. At least three months: Games on Saturday out of doors. Weekly newspapers. Two letters and two visits (40 minutes) or letters in lieu.

Probationary Grade.

5. To be selected by the Institution Board. Meals in association. Games in association in evening inside. Games in playing fields on Saturday afternoon and evening if possible. Daily newspapers. One letter and one visit (40 minutes) or letter in lieu every fortnight.

6. To be selected by the Institution Board. May be employed without supervision in Honour parties. Badge money may be earned by exemplary conduct as follows:—

5/- after 3 months7/6 " 6 "10/- " 9 "10/- every 3 months after.

The Badge money awarded every 3 months may be spent by inmates on approved objects, or sent to their relations. A special room will be provided as a club room for reading, writing, &c. One letter and one visit (50 minutes) or letter in lieu every fortnight.

Star Special Grade.

7. When an inmate in the Special Grade appears, after close observation, to satisfy the Governor by his general demeanour and efficiency, that he can be safely placed in a position of special trust, he may be promoted to what will be known as the Star Special Grade, and wear a distinctive dress.

Such inmates may act as Monitors in different capacities, and may be placed in authority over other inmates on parade or in the Halls or common room, and other situations where they can assist the administration in various capacities.

Penal Class.

8. Where an inmate is believed to be exercising a bad influence, he shall be placed by the Governor in the Penal Class, for such time as the Governor considers necessary in the interest of the inmate himself, or others. While in the Penal Class, an inmate will be employed in separation on hard and laborious work, and will forfeit all privileges. The Governor will record in his journal particulars of every case ordered by him to be placed in the Penal Class, with the reasons for the same, and stating the period during which an inmate is so retained. The inmate will not be restored to the Special Grade without passing through a period of probation in the Ordinary Grade, of such duration as the Governor may determine.

Education.

9. There will be a Board of Education, over which the Chaplain will preside. It will be the authority to consider all questionsconnected with the education of inmates, and will decide, as the result of examination, into which Grade each inmate shall be placed on reception.

10. The education of inmates will be classified as follows:—

(1) Elementary.—Such inmates as are found on reception not to have profited sufficiently by the teaching received in Public Elementary Schools to pass out of Grade III of the National Code.(2) Progressive.—Those who can pass out of that Stage, and are fit subjects for higher Grades.(3) Technical.—Inmates engaged in the technical trade

(1) Elementary.—Such inmates as are found on reception not to have profited sufficiently by the teaching received in Public Elementary Schools to pass out of Grade III of the National Code.

(2) Progressive.—Those who can pass out of that Stage, and are fit subjects for higher Grades.

(3) Technical.—Inmates engaged in the technical trade

(1)Elementary Education.—The standard aimed at may be broadly defined as follows,viz.:—"the ability to write a letter such as is needed by a workman applying for employment, and such arithmetic as a workman needs for the ordinary purpose of daily life, including checking his wages." Such a Standard is practically represented by Grade III of the National Code,viz.:—

WRITING:—Simple Spelling rules.Simple Composition.Reconstruction of easy stories.Easy letter writing.Dictation.ARITHMETIC:—4 simple rules.4 compound rules (money & easy weights & measures).Introduction to decimal system.Simple fractions.

All inmates not qualified to pass from that Grade shall receive Education during the first three months of their sentence, at such times and in such classes as the Board of Education, created by Instruction 9, shall decide; and such period may be extended in any special case where the Board is of opinion that it would be to the advantage of an inmate that this should be done.

Where an inmate obviously fails to profit by instruction, and there may be reason to think that this may be due to physical or mental causes, he will be specially examined by the Medical Officer, and such steps will be taken on his report as may be deemed suitable to meet the special circumstances of the case.

(2)The Progressive Classwill consist of all those inmates who have passed through a period of Elementary instruction. Arrangements will be made by the Board of Education for such inmates to attend Evening School at such times, and for such objects as they may decide.

(3)Technical Classes.—The syllabus will consist of Technical Mathematics and Drawing, and though specially suited to inmates in the Technical Trades, the subjects will form a basis for any lad desirous of improving his knowledge on those lines.

11. In addition to the times set apart for these respective Classes, there will be a Silent Hour for private study, for which a period of absolute silence for one hour daily will be introduced throughout the Institution, during which time all inmates will be engaged in the study of educational or trade matter. It is considered that organized private study is the most satisfactory way of securing that inmates shall not be locked in their rooms until late in the evening.

The objects of the Silent Hour are:—

(1) To provide opportunity (a) for the working of tasks set by the Schoolmasters; (b) for inmates to study their trade text books and prepare notes from the same;

(2) To occupy the minds of the inmates in a profitable manner.

(3) To inculcate habits of studious application in order that the benefits of mental concentration and self-control may become apparent.

12. It will be seen that a great responsibility is incumbent on the Education Board in arranging the details of Education on these lines. It will be the duty of the Governor, acting on the advice of the Chaplain and Tutors, to arrange the details of each Class, consistently with the general needs of the Establishment and the convenience of the staff; and it is only by a real and hearty co-operation between all members of the educational staff that the object of the system can be attained,viz.:—in the first place, to raise the ignorant and illiterate to such a standard of education as will enable them to compete with the ordinary conditions of life on discharge; and, secondly, to furnish opportunity to write intelligent English, and to rise not only to the higher educational grades, but to obtain special technical knowledge in the particular trades to which their faculties are applied.

13. In addition to the ordinary educational curriculum, it will be the duty of the Education Board, subject to the authority of the Governor, to organize a regular system of Lectures or Addresses, onsuch subjects as, in their opinion, are calculated to increase knowledge, to widen outlook, and to inspire by example,e.g., readings from history or biography. They may, in addition, organize Debating Societies, where inmates can themselves take part in discussion on selected subjects. It is considered that Debating Societies might be a great advantage to the Institution. The advice of the Chaplain Inspector will always be available for the organization of the conduct of such Societies. They may also arrange for the formation of Singing or Choral Classes.

Offences and punishments.

14. No punishment or privation of any kind shall be awarded to an inmate by any officer of the institution except the Governor, or, in his absence, the officer appointed to act for him.

15. An inmate shall be guilty of an offence against the discipline of the institution if he:—

(1) Disobeys any order or rule.(2) Treats an officer with disrespect.(3) Is idle or careless at work.(4) Is irreverent at Divine Service or Prayers.(5) Uses bad language, or threats.(6) Is indecent in language, act or gesture.(7) Strikes or behaves in a provoking way to another inmate.(8) Makes a disturbance by singing, whistling or shouting.(9) Does any damage.(10) Has in his room, or cubicle, or dormitory, or in his pockets or clothes, anything he has not been given leave to have. Nothing found on the works, or on the farm, may be picked up and kept.(11) Receives anything from any other inmate, or gives anything to any inmate without leave.(12) Misbehaves himself in any other way.

(1) Disobeys any order or rule.

(2) Treats an officer with disrespect.

(3) Is idle or careless at work.

(4) Is irreverent at Divine Service or Prayers.

(5) Uses bad language, or threats.

(6) Is indecent in language, act or gesture.

(7) Strikes or behaves in a provoking way to another inmate.

(8) Makes a disturbance by singing, whistling or shouting.

(9) Does any damage.

(10) Has in his room, or cubicle, or dormitory, or in his pockets or clothes, anything he has not been given leave to have. Nothing found on the works, or on the farm, may be picked up and kept.

(11) Receives anything from any other inmate, or gives anything to any inmate without leave.

(12) Misbehaves himself in any other way.

16. The Governor may examine any person touching any alleged offence against the discipline of the institution, and determine thereupon and punish the offence.

17. In addition to the power vested in the Governor for ordering an inmate to be placed in the Penal Class (Instruction 8), the above offences may be punished by him in the following way:—

(1) In the deprivation of any privileges; or(2) In the manner prescribed by Prison Rules.

(1) In the deprivation of any privileges; or

(2) In the manner prescribed by Prison Rules.

18. If an inmate is charged with any serious or repeated offence for which the punishment the Governor is authorized to inflict is deemed insufficient, he shall be brought before the Visiting Committee, or one of them, who, in addition to any power vested in the Governor, may order, such punishment as is prescribed by Prison Pules; or, in the exercise of their discretion, may report him to the Secretary of State as incorrigible, or exercising a bad influence, with a view to commutation to a sentence of imprisonment under Sec. 7 of the Act of 1908.

19. While under No. 2 diet, the inmate will be employed in separation on outdoor work, to be tasked with due regard to the dietary scale.

20. If any inmate is charged with:—

(1) Mutiny or incitement to mutiny,(2) Gross personal violence to any officer or servant of the Institution,

(1) Mutiny or incitement to mutiny,

(2) Gross personal violence to any officer or servant of the Institution,

the Visiting Committee have the power within the provisions of the Prison Act, 1898, to order corporal punishment in addition to, or in lieu of, their other powers of punishment.

21. Dietary punishment shall not be inflicted on any inmate, nor shall he be placed in close or separate confinement, nor shall corporal punishment be inflicted, unless the Medical Officer has certified that the inmate is in a fit condition of health to undergo the punishment.

Release on licence.

22. Although in the ordinary course the Institution Board will not bring forward for licence any inmate who has not attained the Special Grade, yet cases will occur from time to time in which the Institution Board, in the exercise of their discretion, may think an earlier licence to be desirable. Such cases the Board may, and should, recommend for licence at any time when they think it in the best interests of the inmate to do so.

23. The essence of the Borstal System is that conditional licence can be granted when there is a reasonable probability that the offender will, if licensed, abstain from crime; and although in most cases it islikely that the test of promotion to the Special Grade will be the best index of such probability, yet the Institution Board will bear in mind the provisions of Section 5, Subsection (1) of the Prevention of Crime Act, 1908, and can and will bring forward for licence any inmate as soon as he appears to them to satisfy the conditions of that Subsection.

Application of Standing Orders for Local Prisons.

24. Officers and Inmates of Borstal Institutions shall be subject to the Standing Orders for Local Prisons, except in so far as they are inconsistent with the Regulations and Instructions made under the Prevention of Crime Act, 1908.

TIME TABLE FOR MALES.

MEMORANDUM TO THE GOVERNOR, AYLESBURY BORSTAL INSTITUTION FOR FEMALES.

The object of the Borstal System being, as defined in Section 1(b) of the Act of 1908, that those subject to it shall receive such instruction and discipline as appears most conducive to their reformation and to the repression of crime, the following methods will be adopted for giving effect to it. Under Section 5(1) of the Act, a female offender may be discharged by licence from a Borstal Institutionafter three months from the commencement of the term of detention, if the Commissioners are satisfied that there is a reasonable probability that she will abstain from crime, and lead a useful and industrious life.

The object of the following Instructions is to provide a test by which the Authorities on the spot,i.e., the Governor and the Institution Board, will be able to judge when an inmate can be licensed. It was the intention of Parliament, in prescribing the minimum period of three months in the case of females, to secure that they should be given a chance of liberty after completing that period, subject to the reasonable probability of their abstaining from crime, but experience has shown that in the great majority of cases a much longer period of detention is necessary to enable any real reformatory influence to be exercised. The responsibility in this matter rests primarily on the Institution Board, and it is only by the closest personal observation of each case from the commencement of the sentence that a true and just opinion may be formed as to the date on which a licence may be properly and wisely granted. The key-note of the system is, therefore, the "individualization" of the inmate. Inmates will be interviewed regularly—those doing well encouraged; those doing badly cautioned, and made clearly to understand that they will not be allowed the privilege of the higher Grades until the Institution Board is completely satisfied that they are doing their best in every way to profit by the opportunities afforded. Each and all members of the staff have a great trust confided to them, which is to raise the young criminal, by personal influences and wise exhortation, to a due sense of duties and responsibilities as a law-abiding citizen. The system will rest primarily on good discipline, firmly but kindly administered. In the obedience which follows from this is the beginning of moral improvement. This being secured, the System admits a wide latitude for trust and confidence in the later stages, whence will spring the sense of honour and self-respect. When this sentiment has been inculcated, the purpose of the Act may be said to be fulfilled, namely, the reformation of the offender, and, incidentally, the repression of crime, for if the criminal habit be arrested at the beginning, the supply of criminals in the later stages of their career is effectively stopped.

E. RUGGLES-BRISE.

Instructions for carrying out the Regulations under the Prevention of Crime Act, 1908.

FEMALES.

1. All inmates on reception will be placed in the Ordinary Grade when they will pass by Progressive Stages through a Probationary to a Special Grade.

Ordinary Grade.

2. Inmates in the Ordinary Grade will be specially located. They will remain in the Grade for three months at least, being promoted to the Intermediate Grade at the Governor's discretion. Inmates will undergo physical training, and, subject to educational requirements, will work in association during morning and afternoon, and in their rooms, in the evening.

When, in the opinion of the Governor, it is desirable, in the interests of health, that an inmate on reception shall be employed for part of the day on outdoor work on farm or garden, this may be arranged for selected cases, in lieu of morning or afternoon labour.

The Ordinary Grade will be the deterrent or punitive period of detention, during which conversation except such as is incidental to their daily routine duties, will not be allowed.

Intermediate Grade.

3. Inmates will remain in the Grade for three months at least, being promoted to the Probationary Grade at the discretion of the Institution Board. They will be allowed an extra letter on promotion, associated exercise and games at week-ends.

Probationary Grade.

4. Inmates will remain in the Grade for six months at least. They will be specially located and will be allowed meals in association and conversational exercise and organised games at week-ends. When labour ceases in the afternoon, they will be permitted to change clothes for tea. Subject to educational requirements, classes, lectures, labour, &c., they will be free for recreation either in a room with others, or for the purpose of private work, study, &c., in their own rooms. The rooms will be locked only at night. Arrangements will be made, if practicable, to place inmates under Group Matrons in convenient groups. Marching in parties to labourwill cease. Each inmate will find her own way to work, &c. at the appointed time. The Group Matron will be responsible for seeing that the strictest punctuality is observed, and that at a given signal every inmate is in her proper place.

An inmate's conduct and industry will be closely observed during this stage, and she will not be passed out of this Stage until the Institution Board is fully satisfied that she is doing her best. When the Institution Board are so satisfied, she shall be passed into the Special Grade.

The Special Grade.

5. On passing into the Special Grade, an inmate's case will be specially considered for conditional licence. During the time that has elapsed since reception, under the scheme detailed, it ought to be possible for the Authorities on the spot to have formed an opinion whether, or not, as prescribed by Section 5(1) of the Act, there is a reasonable probability that an inmate will lead a useful and industrious life if let out on licence. Cases, of course, differ infinitely. The causes that led to the Borstal sentence may be deeply ingrained, thus requiring a long period of reformatory training, or they may be due more to circumstance than character, and if the criminal habit or tendency is not deep seated, it is hoped that in many cases, the period of twelve months' detention, under healthy influences, will furnish sufficient guarantee that a criminal course is not likely to be persisted in. In arriving at an opinion on this point, the Institution Board will, of course, avail themselves to the fullest extent of the services and experience of the representative of the Borstal Association. Such representative will, if possible, be a member of the Visiting Committee, and thus closely identified with the history of each case from the commencement of sentence. Inquiries made by the Borstal Association as to home surroundings, parental influence, capacity for any special branch of work, will furnish the guide to the authorities in their determination of each case.

Inmates in the Special Grade will be specially located. Those not considered eligible for licence will, on passing into the Special Grade, be at once transferred to superior quarters, where they will be kept distinct from the main body, under a distinct body of officers, who will reside in quarters contiguous to such superior buildings. In addition to the privileges enjoyed by the Probationary Grade inmates in this Grade will have a special dress: their mess-room and dwelling rooms will be supplied with superior crockery, and they will elect their own mess president of each table or section. The reading of newspapers will be allowed.

Inmates may earn a good conduct stripe for every three months passed with exemplary conduct, carrying 5s. gratuity for the first stripe, 7s, 6d. for the second stripe, and 10s. for each stripe thereafter, up to a maximum of £2, half of which may be spent in purchase of articles for their own use,e.g., material for private work, articles of clothing &c.

Inmates may, in addition to the privileges allowed in the Probationary Grade, be allowed outside the walls on parole, or to go errands, or to undertake work in the neighbourhood.

Every ease in the Special Grade will be specially considered every two months by the Institution Board, with a view to conditional licence. The behaviour of inmates on parole will furnish the test of trustworthiness, and by its appeal to higher instincts, on conduct or behaviour, will strengthen the probability of successful liberation. A careful study and individualization, therefore, of each inmate in state of parole or semi-liberty, will furnish the necessary evidence for determining her fitness for liberty.

Star Special Grade.

6. When an inmate in the Special Grade appears, after close observation, to satisfy the Governor, by her general demeanour and efficiency, that she can be safely placed in a position of special trust, she may be promoted to what will be known as the Star Special Grade, or Honour Party, and wear a distinctive dress.

Such inmates may act as Monitors in different capacities, be employed in positions of trust in the Institution,—clerical work, library, nursing &c.,—or they may be placed in authority over other inmates or in situations where they can assist the administration in various capacities.

Penal Class.

7. The sanction of the System will be the Penal Class. This is an administrative, not a judicial, weapon in the hands of the Governor, and whose powers of degradation are unlimited. Strict separation in rooms, and loss of privilege, will be a sufficient deterrent for the unruly, combined with such ordinary punishment for occasional offences as the rules admit.

Where an inmate is believed to be exercising a bad influence, she shall be placed by the Governor in the Penal Class, for such time as the Governor considers necessary in the interest of the inmate herself, or others. She will forfeit the privilege of letters and visits. The Governor will record in the journal particulars of every case ordered to be placed in the Penal Class, with the reasons for the same, and stating the period during which an inmate is so retained. This record will be placed before the Commissioner or Inspector at each visit. The inmate will not be restored to a higher Grade without passing through a period of probation in the Ordinary Grade of such duration as the Governor may determine.

Gratuity.

8. A sum of £1 will be paid to the Borstal Association for each inmate released, for the purpose of providing assistance to inmates on discharge.

Letters & Visits.

9. An inmate will be allowed at the Governor's discretion to write andreceive letters and have visits as follows;—

In the Ordinary and Intermediate Grades—every six weeks.In the Probationary Grade—every month.In the Special Grade—Visits monthly; Letters fortnightly.

Visits will be of 30 minutes' duration for the Ordinary and Intermediate, and 40 minutes' for the Probationary and Special Grades, with reasonable extension in any case at the discretion of the Governor.

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