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‘The inevitable end of a discredited system’? The Origins of the Gladstone Committee Report on Prisons, 1895

Published online by Cambridge University Press:  11 February 2009

Christopher Harding
Christopher Harding
Affiliation:
University College of Wales Aberystwyth
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Extract

According to several contemporary observers, the British prison system at the end of the nineteenth century was in a savage and deplorable state. A series of articles in The Daily Chronicle in January 1894 referred to these prisons as ‘our dark places’. They were managed by a man a few years later accredited with a ‘barbaric philosophy’. The severity of this prison system was said to be legendary even in Russia. This school of observation then developed the view that the penal system was rescued by the recommendations of an influential home office report published in 1895. Named after its chairman, the then under secretary at the home office, Herbert Gladstone, this report was welcomed as ‘the beginning of a beneficient revolution’. Upon its publication, the man vilified in The Daily Chronicle, the chairman of the prison commissioners, Sir Edmund Du Cane, resigned his post; the newspaper greeted this event as ‘the inevitable end of a discredited system’. How correct was this perception of the late nineteenth-century British prison system?

Type
Articles
Information
The Historical Journal , Volume 31 , Issue 3 , September 1988 , pp. 591 - 608
Copyright
Copyright © Cambridge University Press 1988

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References

1 Leslie, Shane, Sir Evelyn Ruggles-Brise: a memoir (London, 1938), p. 90Google Scholar.

2 By Sir Evelyn Ruggles-Brise, quoted in Fox, Lionel, The English prison and Borstal systems (London, 1952), p. 51Google Scholar.

3 Sidney, and Webb, Beatrice, English prisons under local government (London, 1922), p. 220Google Scholar.

4 The Daily Chronicle, leading article, 15 April 1895.

5 Report from the departmental committee, c. 7702. See I.U.P. British Parliamentary Papers, Crime and punishment, Prisons, 19 (hereafter, the Gladstone report).

6 Fairn, Duncan, in Klare, H. J. (ed.), Changing concepts of crime and its treatment (London, 1966), p. 160Google Scholar.

7 Thomas, J. E., The English prison officer since 1850 (London, 1972), p. 117Google Scholar.

8 Ignatieff, Michael, ‘State, civil society and total institutions: a critique of recent social histories of punishment’, in Tonry, Michael and Morris, Norval (eds.), Crime and justice: an annual review of research, III (1981), 154Google Scholar.

9 For one of the first critical accounts, see Thomas, , The English prison officer, especially p. 118Google Scholar where he remarks that the committee's report ‘sowed the seeds of organizational confusion’ within the prison service.

10 The view put forward by writers such as Foucault, Michel, Discipline and punish (Paris, 1975 and Harmonds worth, 1977)Google Scholar, Ignatieff, Michael, A just measure of pain: the penitentiary in the industrial revolution, 1750–1850 (New York, 1978)CrossRefGoogle Scholar and Garland, David, Punishment and welfare (Aldershot, 1985)Google Scholar.

11 See, for example, Stephen Humphries' study of juvenile delinquency and related questions in the period 1889 to 1939, Hooligans or rebels? An oral history of working class children and youth (Oxford, 1981) and his comment on p. 238Google Scholar: ‘…the reformatory must be seen as the ultimate weapon deployed by the middle class and the state to contain and control those elements within working class youth culture which most threatened their continued domination.’

12 See Forsyth, William James, The reform of prisoners 1830–1900 (London, 1987), pp. 141–66Google Scholar.

13 Report from the select committee of the house of lords on the present state of discipline in gaols and houses of correction, 1863, H.L. 499.

14 See Radzinowicz, Leon and Hood, Roger, A history of English criminal law, V (London, 1986), 11–20Google Scholar.

15 For a summary of the nationalization of the prisons, see Harding, C., Hines, B., Ireland, R. and Rawlings, P., Imprisonment in England and Wales, a concise history (London, 1985), pp. 191–2Google Scholar.

16 Gladstone report, para. 5.

17 See, for example the view of Morrison, W. D., in Juvenile offenders (London, 1896), at p. 273Google Scholar.

18 See, for example, the discussion at the Royal Statistical Society in 1896 following the paper delivered by Morrison, W. D.: Journal of the Royal Statistical Society, LX (1897), 1–26CrossRefGoogle Scholar.

19 Gladstone report, para. 15.

20 Gladstone report, minutes of evidence, questions II,559–62.

21 Journal of the Royal Statistical Society, pp. 10–11.

22 Gladstone report, para. 14.

23 Criminal registrar's report for 1893, p. 80.

24 Journal of the Royal Statistical Society, p. 15.

25 See the discussion in Gatrell's, V. A. C. paper, ‘The decline of theft and violence in Victorian and Edwardian England’, in Gatrell, V. A. C., Lenman, Bruce and Parker, Geoffrey (eds.), Crime and the law: the social history of crime in western Europe since 1500 (London, 1980), pp. 261–84Google Scholar.

26 Radzinowicz, and Hood, , History of English criminal law, pp. 103–4Google Scholar.

27 Journal of the Royal Statistical Society, pp. 25–6.

28 Gladstone report, minutes of evidence, question II,568.

29 Gatrell, , ‘The decline of theft and violence’, p. 240Google Scholar.

30 Ibid. p. 251.

31 Report, p. 13.

32 Gatrell, , ‘The decline of theft and violence’, pp. 284–333Google Scholar.

33 Ibid. p. 333.

34 Gladstone report, minutes of evidence, question II,568.

35 For a brief discussion of Tarde's work and views, see the account by Vine, Margaret S. Wilson in Mannheim, H. (ed.), Pioneers in criminology (London, 1960), ch. 10Google Scholar.

36 Journal of the Royal Statistical Society, p. 21.

37 Gatrell, makes this point in ‘The decline of theft and violence’, p. 296Google Scholar.

38 See Gatrell's conclusions in ibid. pp. 335ff.

39 Gladstone report, p. 11.

40 Ibid., minutes of evidence, questions II,592–11, 601.

41 Ibid., minutes of evidence, question II,596

42 Gladstone report, para. 28.

43 See Radzinowicz, and Hood, , History of English criminal law, pp. 261ffGoogle Scholar.

44 Ibid. p. 264.

45 Ibid. p. 231.

46 Ibid. p. 84.

47 In Punishment and welfare: a history of penal strategies (Aldershot, 1985)Google Scholar.

48 Report of the inter-departmental committee on physical deterioration (Cd. 2175), 1904.

49 The English prison and Borstal systems (London, 1952), p. 51Google Scholar.

50 Punishment and welfare, p. 59.

51 The disciplinary role of imprisonment has been brought to light especially in the work of Foucault, Michel, and is the central thesis of his Discipline and punish (1977)Google Scholar.

52 See generally the account in Rose, Gordon, Schools for young offenders (London, 1967)Google Scholar, ch. I and in Radzinowicz and Hood, History of English criminal law, chs. 6 and 7.

53 See in particuular Bochel, Dorothy, Probation and after-care: its development in England and Wales (Edinburgh, 1976), ch. IGoogle Scholar.

54 Of the contemporary resistance to the establishment of inebriate reformatories, a new form of institution, and judicial reluctance to commit to such institutions: Radzinowicz and Hood, History of English criminal law, ch. 9.

55 Quoted in Grunhüt, Max, Penal reform (Oxford, 1948), p. 91Google Scholar.

56 Punishment and welfare, ch. 6.

57 Gladstone report, para. 5.

58 See Thomas, , The English prison officer, pp. 107–8Google Scholar.

59 See page 1 of the report, where it was said that the limitations inherent in the terms of reference were found to be ‘impossible to make’.

60 See generally Pellew, Jill, The home office, 1848–1914: from clerks to bureaucrats (London, 1982)Google Scholar.

61 See Radzinowicz, and Hood, , History of English criminal law, p. 268Google Scholar.

62 Punishment, prison and the public (London, 1971), pp. 28–9Google Scholar.

63 Thomas, , The English prison officer, p. 126Google Scholar.

64 Pellew, Jill, The home office, p. 74Google Scholar; Radzinowicz, and Hood, , History of English criminal law, p. 576Google Scholar.

65 Gladstone report, para. 25, and in minutes of evidence, question II,482.

66 Nineteenth Century, XXXI (1892), 950Google Scholar.

67 Ibid, XXXIII (1893), 480.

68 See the erratum in Shane Leslie, Sir Evelyn Ruggles-Brise.

69 Ibid. pp. 86–7.

70 ‘The decrease in crime’, Nineteenth Century, XXXIII (1893)Google Scholar; discussion at Royal Statistical Society, as in n. 18 above.

71 ‘The increase in crime’, Nineteenth Century, XXXIII (1893)Google Scholar; and see the comment in Radzinowicz, and Hood, , History of English criminal law, p. 87Google Scholar, on Morrison's use of statistics.

72 For instance, by the Webbs and Sir Lionel Fox; and note the comment by Thomas, , in The English prison officer, p. 126Google Scholar: ‘Later writers have been careful to select from Ruggles-Brise's account only the least commendable of Du Cane's characteristics.’

73 Sir Rupert Cross, in Punishment, prison and the public is even-handed in his account; but see in particular Tibber, Peter, ‘Edmund Du Cane and the Prison Act 1877’, Howard Journal of Penology and Crime Prevention, XIX (1980), 9CrossRefGoogle Scholar.

74 The English prison officer, p. 28.

75 Ibid. p. 126.

76 See Tibber, n. 73 above, pp. 10 ff.

77 Ibid. p. 11.

78 Thomas, , The English prison officer, p. 28Google Scholar; and see the character sketch provided by Radzinowicz, and Hood, , History of English criminal law, p. 257Google Scholar.

79 Forsyth, William James, The reform of prisoners, pp. 195–7Google Scholar.

80 Ruck, S. K. (ed.), Paterson on prisons (London, 1951), p. 11Google Scholar.

81 Hobhouse, Stephenand Brockway, A. Fenner, English prisons today: being the report of the prison system enquiry committee (London, 1922)Google Scholar.

82 Gladstone report, minutes of evidence, questions II,394.

83 See, e.g. Morrison's paper, ‘Prison reform: prisons and prisoners’, Fortnightly Review, LXIX (1898), 782Google Scholar.

84 The English prison and Borstal systems, p. 52.

85 SirRuggles-Brise, Evelyn, the English prison system, (London, 1921), p. 77Google Scholar.

86 ‘Prison reform: prisons and prisoners’.

87 See his preface to The English prison system.

88 Punishment, prison and the public, p. 17.

89 Punishment and welfare, p. 5.