It is not so much that he is insincere; rather that he lacks continuity of effort and wants "quick returns and big profits." In most walks of life to-day we find a big lack of the ability to see a thing through-if this is so found in more obvious, concrete matters, it is not to be thought strange when we see it stressed to a greater degree in abstract affairs.

All the time of course when our lad does try to acquire Christian qualities, there is the grim struggle between them and his most noticeable general failing, selfishness-there is no mistaking the fact that this weakness does brand the lads who come to Borstal. Nearly all of them have some good qualities as well as bad ones, but common to practically every case is the root disease of selfishness coming out in one form or another. Once this weakness can, in part at all events, be overcome, there is reasonably good chance that ideals may grow more strongly; and then we may hope to bring more clearly into the individual's mind the fact that the Christian religion is not an out-of-date, repressive, unattractive affair, more suited to women than to men; but that it is very definitely concerned with ideals, and that it does supply men as well as women with the necessary spur and incentive towards building a character which will show itself in right conduct.

I would most strongly urge the retention of the room as opposed to the dormitory system. From 6.0 a.m. until 8.30 p.m. the Borstal lad is constantly in the society of his fellows. If religion, or ideals or whatever you like to term it, is to get any real footing in his mind and soul, I consider it is absolutely imperative that he should have even a short time daily entirely to himself.

CONVICT PRISONS.

Aylesbury Prison (Governor).

The experiment of sending the star class women convicts here has now been tried for a year, and I think has justified itself. The women are housed in the old prison building and have no contact with the girls in the Borstal Institution. This arrangement has worked satisfactorily, and in no case have we found any attempt being made to ignore this ruling.

The general behaviour of the women has been very good, the total number of offences for the year being three. Minor reports are almost unknown, and the women are, on the whole, conscientious and trustworthy. As is common with all long-sentence people, they are, of course, subject to attacks of depression and are very introspective, but successful efforts have been made to overcome this by keeping their minds occupied with handwork, educational lectures, gardening and the keeping of live stock.

Dartmoor Prison (Medical Officer).

The rainfall for the year under consideration was 99.8 in., as against over 106 in. last year.

Corporal Punishment.-This was inflicted in one case only. The change in the man is almost unbelievable; what was once a morose brute is now a reasonable human being, with unbounded possibilities for good.

It would appear that responsiveness to the influences of the Headmaster's study is not wholly confined to schoolboys.

Maidstone Convict Prison (Chaplain).

Special attention has been given to the young convicts in Howard House. I particularly wish to draw attention to the great improvement in these youngsters, since their segregation from the older convicts. They warmly appreciate their privileges and show this by their high standard of conduct. A few of the best amongst them have taken upon themselves to set a high standard of cheerfulness and general good conduct-these exert considerable influence over the others.

The supply of books of all classes is now fully adequate; this is now the case owing to the addition of the Prisoners' Education Committee Library, which contains a splendid collection of really good books, the careful choice of a specially appointed committee.

PREVENTIVE DETENTION PRISONS.

Camp Hill (Chaplain).

With regard to the effect of preventive detention upon the men, I regret to have to state that only in two instances have I noticed any effect of a reformative character. The men are dead to all appeals of a spiritual and moral nature. When they first come here they appear to welcome the Chaplain's visit, but after a time when they realise that they have no chance of release until they have completed a large part of their sentence, they become resentful and disappointed and soured.

(23748)

D2

APPENDIX No. 3.

International Penitentiary Congress, London, 1925.
Questions and Resolutions.

SECTION I.-LEGISLATION.

First Question.

Should the authority charged with the duty of public prosecution have a free discretion whether proceedings should be taken or not in any case?

If so, should such discretion be subject to restraint within certain limits and to control?

Should not the Court also have a discretion whether or not to record a conviction, although the facts are practically proved?

Resolution.

Having regard to the general tendency of the evolution of penal law, a wide application of the principle of discretion is recommended in all cases where the general interest would be better served by suppressing proceedings.

For offences against police regulations and in particular for offences committed by minors, the principle of discretion as to whether proceedings should be suppressed or not ought to be very broadly applied.

The exercise of such discretion should be subject to control. At the same time, having regard to the diversity of judicial organization in the different countries, it is not possible in an international congress to specify the kind of control which should be exercised notably by the judicial authorities or by allowing the public to prosecute.

Second Question.

What measures could be taken, instead of imprisonment, with regard to offenders who have committed a petty offence, or an offence which does not constitute a danger to public security?

Resolution.

The hope is expressed that every endeavour will be made to substitute other penalties in place of imprisonment for short terms. It is to be recommended notably that:

1. The system of probation should be extended to the utmost extent.

2. The power of the Court to impose fines instead of imprisonment in suitable cases should be extended and the machinery for payment of fines should be developed so as to eliminate as far as possible imprisonment in default of payment.

Third Question.

Would it be possible, and within what limits, to apply the principle of the Indeterminate sentence in the struggle against recidivism, not only as far as grave offences are concerned, but also for any other case?

Resolution.

The indeterminate sentence is the necessary consequence of the individualization of punishment and one of the most efficacious means of social defence against crime.

The laws of each country should determine whether and for what cases there should be a maximum duration for the indeterminate sentence fixed beforehand. There should in every case be guarantees and rules for conditional release with executive adaptations suitable to national conditions.

Fourth Question.

What may be done to forward the judicious application of the principle of individualization of punishment by the judge who assigns the penalty to be inflicted on the offender?

Resolution.

It should be an essential condition in the criminal procedure of all countries that the Judge, before imposing any sentence or penalty, should inform himself of all the material circumstances affecting the character, antecedents, conduct and mode of life of the offender and also any other matters which may be necessary for the purpose of properly determining the appropriate sentence or penalty.

And in practice:

1. Penal law should give the Judge a choice of penalties and similar measures for prevention and security and should not strictly limit his power. It should only lay down general directions so as

to induce the Judge to apply the principle of individualization.

2. As far as possible the Courts should be specialized-in particular, the juvenile Courts should be separate from those for adults -and decentralized.

3. Judicial studies should be supplemented by criminological ones. The study of criminal psychology and sociology, forensic medicine and psychiatry, and penology should be obligatory for all who wish to judge in criminal cases.

4. Such judges should devote themselves solely and permanently to criminal law, and there should be sufficient opportunity for advancement in this branch.

5. Courses of lectures should be established to complete their knowledge of criminology. They should have a full knowledge of prisons and similar institutions and should visit them frequently.

6. The judge, before determining the penalty, should have a full knowledge of the physical and psychic conditions and the social life of the accused and the motives for the crime.

7. For this purpose inquiries about all the circumstances of the case should be made before the trial. These inquiries should not be made by the police, but should be those of the magistrate himself or of competent bodies or persons whom he should have at his disposal (e.g. probation officers).

8. Penal law should give the judge the power of obtaining information from everyone who knows anything about the personality of the defendant and his social environment.

9. If these means give no sufficient idea of the physical and psychic condition of the defendant, the judge should be allowed to have him examined by physicians and psychologists.

10. The trial ought to be divided into two parts: In the first the examination and decision as to his guilt should take place; in the second one the punishment should be discussed and fixed. From this part the public and the injured party should be excluded.

SECTION II.-ADMINISTRATION.

First Question.

If a system of some special form of detention be adopted as a means of repression with respect to certain recidivists, by what authority should such detention be pronounced and in what manner should it be executed?

Resolution.

The special detention should be ordered by the judicial authority. While the object of the detention is primarily preventive, reformative influences also should be exercised as far as possible.

The conditions of such detention should be less rigorous than those of ordinary penal discipline.

The length of the sentence should be indefinite; there should be a power of conditional discharge vested in a Secretary of State or other competent authority, who should be assisted by an Advisory Committee at each institution, and who should be obliged to look into the matter periodically.

Second Question.

Is it desirable that services, e.g. laboratories or clinics should be installed in prisons for the scientific study of criminals?

Would such a system help both to determine the causes of criminality and to suggest the suitable treatment in the case of the individual offender?

Would it not be advisable to use the same system for the examination before trial of persons suspected of some mental defect?

Resolution.

It is necessary that the accused as well as convicted prisoners should be physically and mentally examined by specially qualified medical practitioners, and that the necessary services should be installed for this purpose in the institutions.

Such a system would help to determine the biological and sociological causes of criminality and to suggest the suitable treatment for the individual offender.

Third Question.

Is it advisable to apply a classification of prisoners, having regard to their character, the gravity of the punishment or the nature of the offence so as to admit the application of different and appropriate régimes, and in what way should the penal establishments be arranged for this purpose?

Resolution.

The prevention of the contamination of the less criminal prisoner by those more experienced in crime is one of the first essentials in prison treatment.

After the necessary divisions according to age and sex have been made and the mental status of the prisoner has been taken into account, classification should be according to character and ability to be reformed of each prisoner.

H