Removal of offender to certified reformatory schools.

Power to parent, &c. to apply to remove offender to a school

conducted in accord

ance with offender's religious persuasion.

the youthful offender belongs, and, so far as is possible, a selection shall be made of a school conducted in accordance with the religious persuasion to which the youthful offender appears to the court, justices, magistrate, or visiting justice to belong, which persuasion shall be specified by the court, justices, magistrate, or visiting justice.

It shall be lawful, upon the representation of the parent, or in the case of an orphan then of the guardian or nearest adult relative, of any offender detained in any such school, for a minister of the religious persuasion of such offender, at certain fixed hours of the day, which shall be fixed by the Secretary of State for the purpose, to visit such school for the purpose of affording religious assistance to such offender, and also for the purpose of instructing such offender in the principles of his religion.

15. The gaoler of every prison having in his custody any youthful offender sentenced to be sent to a reformatory school, shall, at the appointed time, deliver such offender into the custody of the superintendent or other person in charge of the school in which he is to be detained, together with the warrant or other document in pursuance of which the offender was imprisoned and is sent to such school.

The possession of the warrant or other document in pursuance of which a youthful offender is sent to a certified reformatory school shall be a sufficient authority for his detention in such school.

16. The parent, step-parent, or guardian, or if there be no parent, step-parent, or guardian, then the God-parent, or nearest adult relative of any youthful offender sent or about to be sent to a certified reformatory school which is not conducted in accordance with the religious persuasion to which the offender belongs, may apply to the court by whom such offender was sentenced to be sent to a reformatory school, or to the visiting justices of the prison to which he was committed by that court, or to the justices or magistrate by whom he was sentenced to be sent to a reformatory school (or justices or a magistrate having the like jurisdiction), to send or to remove such offender to a certified reformatory school conducted in accordance with the offender's religious persuasion, and the court,. visiting justices, justices, or magistrate (as the case

may be) shall, upon proof of such offender's religious persuasion, comply with the request of the applicant, provided

First, that the application be made before the

offender has been sent to a certified reformatory school, or within thirty days after his arrival at such a school; Secondly, that the applicant show to the satisfaction of the court, visiting justices, justices or magistrate that the managers of the school named by him are willing to receive the offender.

of State.

17. The Secretary of State may at any time order any Discharge or removal offender to be discharged from a certified reformatory by order of Secretary school, or to be removed from one certified reformatory school to another, but so that the whole period of detention of the offender in a reformatory school shall not be increased by such removal.

*

The Secretary of State may also at any time, after having given ten days' notice to the managers, order a youthful offender under sentence of detention in a reformatory or industrial school established under any other Act of Parliament, the general rules for the government whereof have been approved by the Secretary of State, to be discharged from such school, or to be removed therefrom to any certified reformatory school, and in case of removal the youthful offender shall after such removal be deemed to be subject in all respects to the provisions of this Act, but so that the whole period of detention of the offender under his sentence shall not be increased by such removal.

LICENCE for RESIDING OUT of SCHOOL.

on licence.

18. The managers of a certified reformatory school Placing offenders out may, at any time after the expiration of 18 months† of the period of detention allotted to a youthful

The other Acts of Parliament now in force are the Industrial Schools Act, 1866 (29 & 30 Vict. c. 118), see p. 46, and 17 & 18 Vict. c. clxix., which is "An Act for the provision, regulation, and maintenance of county industrial schools in Middlesex," and this provision was expressly introduced in order that Roman Catholic children confined in the Middlesex County Industrial School at Feltham may be removed to a certified reformatory school conducted in accordance with their religious persuasion. See App. J., post, p. 176; also the Glasgow Juvenile Delinquency Act, see App. K (1), p. 190, and the Aberdeen Reformatories and Industrial Schools Act, 1885, App. L., p. 220.

† I.e., calendar months, 13 & 14 Vict. c. 21. s. 4.

Power to apprentice offenders.

offender, by licence under their hands, permit him to live with any trustworthy and respectable person named in the licence willing to receive and take charge of him.

Any licence so granted shall not be in force for more than three months,* but may at any time before the expiration of such three months be renewed for a further period not exceeding three months, to commence from the expiration of the previous period of three months, and so from time to time until the youthful offender's period of detention is expired.

Any such licence may also be revoked by the managers of the school, by writing under their hands, at any time before the expiration of such period of three months, and thereupon the youthful offender to whom the licence related may be required by the managers, by writing under their hands, to return to the school.

The time during which a youthful offender is absent from a certified reformatory school in pursuance of a licence under this section shall, except where such licence has been forfeited by his misconduct, be deemed to be part of the time of his detention in the school,† and at the expiration of the time fixed by his licence he shall be taken back to the school.

Any youthful offender escaping from the person with whom he is placed in pursuance of this section, or refusing to return to the school at the expiration of the time fixed by his licence, or any renewal thereof, or when required to do so on the revocation of his licence, shall be liable to the same penalty as if he had escaped from the school itself.‡

19. The managers of a certified reformatory school may, at any time after an offender has been placed out on licence as aforesaid, if he conducted himself well during his absence from the school, bind him, with his own consent, apprentice to any trade, calling, or service, notwithstanding that his period of detention has not expired; and every such binding shall be valid and effectual to all intents.

* I.e., calendar months, 13 & 14 Vict. c. 21. s. 4.

†There is a Treasury grant of 2s. a week for 13 weeks and 1s. for 26 weeks for children licensed under this section. It is, however, a condition that the licensee should be in bonâ fide employment, and receive a good report from his employer.

As to the penalty for escaping from school, see section 21, post, p. 14.

By the Reformatory and Industrial Schools Act, 1891 (54 & 55 Vict. c. 23), relating to the disposal of

inmates, it is provided that—

(1.) "If any youthful offender or child detained in or Power to apprentice placed out on licence from a certified reformatory or after licence. industrial school conducts himself well, the managers of the school may, with his own consent, apprentice him to or dispose of him in any trade, calling, or service, or by emigration, notwithstanding that his period of detention has not expired, and such apprenticing or disposition shall be as valid as if the managers were his parents. Provided that when he is to be disposed of by emigration, and in any case unless he has been detained for twelve months, the consent of the Secretary of State shall also be required for the exercise of any power under this section."

In order to give effect to the action of Parliament and at the same time protect the interests of parents of good character, whose children may have been guilty of only some trivial offence, and to whom the emigration of the child may, perhaps, mean a final separation and severance, the consent of the Secretary of State will in all cases of disposal by emigration depend-1. On his being satisfied of the wish of the proposed emigrant expressed in writing. 2. On his receiving a certificate from the school authorities of the good conduct of the child, and his general fitness for emigration. 3. On the written consent of the parent being forwarded to him, unless it can be shown that such consent may, through parental neglect or misconduct, be dispensed with.

OFFENCES in relation to REFORMATORY SCHOOLS.

20. If any offender detained in a certified refor- Refusal to conform matory school wilfully neglects or wilfully refuses to to rules. conform to the rules thereof, he shall, upon summary conviction* before a justicef or magistrate† having jurisdiction in the place or district where the school is situate, be imprisoned, with or without hard labour, for any term not exceeding three months, and at the expira

*The proceedings will be in England under the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and in Scotland under the Summary Jurisdiction (Scotland) Acts, 27 & 28 Vict. c. 53. and 44 & 45 Vict. c. 33.

† See section 3, ante, p. 1.

Calendar months, 13 & 14 Vict. c. 21. s. 4.

Escaping from

school.

Penalty on persons inducing offenders to escape.

tion of the term of his imprisonment he shall, by and at the expense of the managers of the school, be brought back to the school from which he was taken, there to be detained during a period equal to so much. of his period of detention as remained unexpired at the time of his being sent to prison.

21. If any offender sentenced to be detained in a certified reformatory school escapes therefrom, he may, at any time before the expiration of his period of detention, be apprehended without warrant, and, if the managers of the school think fit, but not otherwise, may (any other Act to the contrary notwithstanding) be then brought before a justice* or magistrate* having jurisdiction in the place or district where he is found, or in the place or district where the school from which he escaped is situate; and he shall thereupon be liable, on summary conviction before such a justice or magistrate, to be imprisoned, with or without hard labour, for any term not exceeding three months,‡ and at the expiration of such term he shall, by and at the expense of the managers of the school, be brought back to the school from which he escaped, there to be detained during a period equal to so much of his period of detention as remained unexpired at the time of his escaping.§

22. Every person who commits any of the following offences (that is to say)—

First, knowingly assists, directly or indirectly, an offender detained in a certified reformatory school to escape from the school;

Second, directly or indirectly induces such an offender to escape from the school;

Third, knowingly harbours, conceals, or prevents from returning to the school, or assists in harbouring, concealing, or preventing from returning to the school, any offender who has escaped from a certified reformatory school,

shall, on summary convictiont before two justices* or a magistrate,* be liable to a penalty not exceeding twenty

* See section 3, ante, p. 1.

The proceedings will be in England under the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and in Scotland under the Summary Jurisdiction (Scotland) Acts, 27 & 28 Vict. c. 53. and 44 & 45 Vict. c. 33.

Calendar months, 13 & 14 Vict. c. 21. s. 4.

§ This section will be affected by the Reformatory Schools Act, 1893, prohibiting the detention of an offender after 19 years of age, see section 1 of the Reformatory Schools Act, 1893, ante, p. 6.