(b) Preventive Detention.—Long experience had sufficiently demonstrated that successive sentences of imprisonment or penal servitude did not deter those who made a profession of the graver forms of crime from continuing their war on society with a cynical indifference to the methods devised for its protection.
Accordingly, the act provided that it is expedient for the pro tection of the public that where an offender is found by the courts, having regard to the numbers and characters of his previ ous convictions and sentences, to be an "habitual criminal," the court shall have power to pass a special sentence, ordering that on the determination of a sentence of penal servitude, passed for the particular offence, he may be detained for a period not ex ceeding ten, nor less than five years under a system to be known as that of "preventive detention." A new prison was constructed at Camp hill in the Isle of Wight, specially adapted to the custody and treatment of this new class of prisoner, for whom in conformity with the act, a novel system was devised, being less rigorous than penal servi tude, and being based on the idea that by encouragement and hope and a progressive system of rewards, leading ultimately to conditional release, even a hardened criminal might be gradually induced to alter his mode of life and reinstate himself as an hon est and industrious citizen.
At least, though the reformatory results have been fitful and uncertain, there is reason to believe that a great deterrent value arises from the fear inspired in the mind of the dangerous and habitual criminal, that continued violation of law may entail the very unpleasant consequence of a long period of detention, supplementary to that inflicted for the particular offence.
(3) The Criminal Justice Administration Act, 1914.— This very important act, passed on the eve of the World War, has had a far reaching effect in providing a remedy for the admitted evil of mechanical commitment to prison in default of paying a fine. It is there laid down, that where any prisoner desires to be allowed time for payment, not less than seven clear days shall be allowed, in the absence of good reason to the contrary; and that in any case the imprisonment shall be without hard labour.
It makes a breach for the first time in the old mechanical formula "with or without hard labour" which long custom had crystal lized, without due regard to the circumstances of each case by giving a discretion to the court in all cases as to the imposition of hard labour.
As a provision against the admitted evil of short sentences of imprisonment, all commitment to prison for a less period than five days, is forbidden.
The act, moreover, gave a considerable extension to the Borstal system, removing the condition that a particular offence must be "indictable," raising the minimum period of detention and extending that of supervision after release.
The Children's Act, 1908, and the Probation Act, 1907, have been called the "handmaids of the prison system" for it is by their operation that a way has been found not only to cut off crime at the source, but to provide the alternative to un necessary commitment to prison, where the law can be adequately vindicated by other methods.
(I) The Children'S Act —This act, known as the "children's charter," revolutionized the penal law of Britain by prohibiting the imprisonment (except under very exceptional circumstances) of any person under the age of 16. It classified young offenders as "children" under 14, and "young persons" between 14 and 16; and various methods for dealing with them are prescribed. In lieu of prisons, the act created "places of detention," to be estab lished by the police authority, for any period not exceeding a month. It consolidated and amended the law relating to re formatory and industrial schools. Special courts called juvenile courts were created for dealing with charges against children and young persons.
(2) The Probation Act, 1907.—This act greatly extended powers already in existence for releasing on recognizance and gave power in any case either to dismiss the case or to bind the offender over for a period not exceeding 3 years, or to place him on probation —under the care of probation officers, appointed for the purpose. This act was supplemented in 5925 by a very important measure, making it obligatory in all petty sessional courts (over r,000 in number) to appoint one or more probation officers.