BORSTAL SYSTEM. In the domain of criminal law, the notable change in public attitude and opinion with regard to the treatment of juvenile crime finds expression, so far as Great Brit ain is concerned, in the two acts of parliament of 1908; viz., The Prevention of Crime (Borstal) Act and the Children Act.
In the middle of the 19th century strong protests were made against a penal system under which young persons and even chil dren were subject to the harsh penalties of imprisonment, and penal servitude and transportation were commonly inflicted on young and old alike. Effort was then concentrated on the attempt to substitute for such penalties a system of industrial and re formatory treatment ; and in 18S4 the principle was established that at least up to the age of 16 this method should, in suitable cases, be adopted. In 1894 two public enquiries into the adminis tration of prisons and of Home Office schools arrived, almost simultaneously, at the same emphatic conclusion ; viz., "that the age 16-21 was the dangerous age; that we must concentrate on that; on the incipient criminal," or, as he was officially christened, the juvenile adult. At this time about 20,000 young criminals of this age, 16-21, were coming every year to prison. They con stituted a veritable recruiting ground or nursery for the dangerous professional criminal of later years. To find a remedy for this was the purpose of what has now become known as the Borstal System.
Under the acts above quoted, the following principles were established:— I. The age of criminal "majority" was extended to 21, with power to raise to 23.
2. In lieu of the ordinary sentence of imprisonment, a special form of detention was devised, under special rules, of which the purpose was to develop mentally, physically and morally all in mates (not prisoners) . The duration to be for not less than one year nor more than three.
3. Except in very special cases, no sentence of imprisonment could be passed on any person under 16.
The new system took its name from the village of Borstal, Kent, where the early experiments on boys between the ages of 16 and 21 were carried out in an old convict prison, prior to the passing of the act. The act gives power to the court to order detention in any case, 16-21, "where it shall appear to the court that by reason of criminal habit or tendency it is expedient that the offender shall be subject to such instruction and discipline as appears most conducive to his reformation and to the repression of crime." The rules and regulations are based on the principle that, up to a certain age, every offender may be regarded as potentially a good citizen ; that his lapse into crime may be due either to physi cal degeneracy or bad social environment; that it is the duty of the State at least to try to effect a cure, and not to class the offender offhand and without experiment with the adult profes sional criminal. The Act of 1908 further provided for the estab lishment of an association, whose special duty would be to provide for the after-care of all persons of both sexes discharged from Borstal Institutions. This association, known as the Borstal Association, is a highly organized method of care and supervision. Without this supplementary work of patronage the Borstal Sys tem could not have attained the conspicuous success which can be claimed for it, because, of the 6,000 lads released after train ing in Borstal establishments since the act came into operation, only about 35% have again come into conflict with the law. Broadly, about two out of every three Borstal lads are reclaimed.
This result is achieved by the "personality" of the superintend ing staff, from the Borstal commissioner himself to, in a descend ing scale, governor, house master, and a carefully selected instructing staff, each with a strong optimism and belief that by an appeal to what is best in each individual—his honour, cor porate spirit, pride in his house, love of sport, and rivalry in games and competitions : by all these subtle weapons, wisely and steadily employed, it is possible, though not easy, to recreate young natures and dispositions not yet thoroughly depraved.
When the day of freedom comes, gained after long and patient trial and test, in the form of a conditional licence to the care of the Borstal Association, which is only granted when "there is a reasonable probability that the offender will abstain from crime," the licencee faces life again with a changed outlook. The Borstal System ranks as a work well done, justifying the ideals of its founder : he determined to save the young and careless from a wasted life of crime. Through his vision and persistence a sys tem of repression has been gradually replaced by one of leader ship and training. We shall remember him as one who believed in his fellow-men. (See CRIMINOLOGY.) There are now in England four Borstal institutions—at Chatham, Feltham and Portland for youths, and that for girls at Aylesbury. Portland is a particularly interesting institution, as it takes the worst and most difficult cases in surroundings that seemed at first sight exceedingly unfavourable. Under the pres ent management, however, the authorities have met with extraor dinary success, and have been able to promote to a wonderful degree the spirit of self-development in the inmates, while allow ing them a large measure of freedom. The recently established juvenile prison at Wormwood Scrubs serves a most useful pur pose. Whilst boys are there on remand, all their peculiarities, physical and mental, their social conditions and special tempta tions, are carefully studied, and a report on these is available for the court which ultimately determines their future.