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the Prisons Act, 1865,* and in Scotland shall mean the administrators of a prison, as defined by the Prisons (Scotland) Administration Act, 1860.7
“ Visiting justice” shall in Scotland mean the administrators of a prison, defined as aforesaid.
CERTIFIED RETORMATORY SCHOOLS. Mode of certifying
4. One of Her Majesty's Principal Secretaries of Stute, Reformatory Schools. herein-after referred to as the Secretary of State,
may, upon the application of the managers of any reformatory school for the better training of youthful offenders, direct one of Her Majesty's Inspectors of Prisons, who shall be styled the Inspector of Reformatory Schools, to examine into the condition and regulations of the school, and to report to him thereon; and, if satisfied with such report, the Secretary of State may, by writing under his hand, certify & that such school is fitted for the reception of
* As to the transfer of the powers of the prison authorities, see sections 3, 34 (1), 35 (1), and 38 (2) of the Local Government Act, 1888, post, p. 21.
† In order to remove doubts with respect to the application to Scotland of the Prison Authorities Act, 1874, it is provided by section 2 of the Prison Authorities Act, 1874, Amendment Act, 1878, (41 & 42 Vict. c. 40) that “ the expression prison authority,' where used in " the Act of 1874, shall be deemed to include county prison boards in “ Scotland as such boards existed previous to the passing of the “ Prisons (Scotland) Act, 1877 (37 & 38 Vict. c. 47); and any
moneys borrowed or contracted to be borrowed before the passing “ of this Act by the county prison board of any county in Scotland for " the purpose of contributing towards the expense of altering, “ enlarging, rebuilding, establishing, building, or purchasing the site “ of any industrial or reformatory school under the Industrial Schools “ Aets, 1866 and 1872, and the Reformatory Schools Acts, 1866 and “ 1872, or any of them, shall, subject to the approval of one of Her
Majesty's Principal Secretaries of State (now by 50 & 51 Vict.
C. 52. s. 2. the Secretary for Scotland), which approval may be “ given after the passing of this Act on the app tion of the Commis“ sioners of Supply of such county, be deemed to be moneys borrowed
or contracted to be borrowed by a prison authority under the Act of “ 1874, and may be charged by the Commissioners of Supply of such
county upon the county general assessment thereof, but with a right “ of relief against the burgh or burghs therein, and the municipal, or “ police, or other assessments thereof, in the proportion of the valua“ tion of such burgh or burghs respectively to the valuation of such “ county, and shall be repaid, with the interest due thereon, all as “ nearly as may be in manner provided by the Act of 1874.”
The powers and duties of the Commissioners of Supply are now vested in the Council of each County by the Local Government (Scotland) Act, 1889.
I See 5 & 6 Wm. IV. c. 38.
Ś By section 8 of the Industrial Schools Act, 1866, it is enacted that a school shall not be at the same time a certified industrial school under that Act and a certified reformatory school under any other Act.
such youthful offenders as may be sent there in pursuance of this Act, and the same shall be deemed a certified reformatory school.*
No substantial addition or alteration shall be made to or in the buildings of any certified reformatory school without the approval in writing of the Secretary of Statet
5. Every certified reformatory school shall from Inspection of schools. time to time, and at least once in every year, be visited by the Inspector of Reformatory Schools ; and the Secretary of State, if dissatisfied with the condition of such school as reported to him, may withdraw the certificate, and may by notice under his hand, addressed and sent to the managers of such school, declare that the certificate is withdrawn as from a time specified in the notice, being not less than six months after the date of the notice.
In conjunction with section 4, mentioned above, Assistant Inspectors may be appointed under the provisions of the following section.
6. The Secretary of State may from time to time Power to appoint appoint a fit person to assist the Inspector of Re- assistaut to Inspector. formatory Schools; and every person so appointed shall have such of the powers and duties of the Inspector as the Secretary of State from time to time prescribes, but shall act under the direction of the Inspector. 7. The managers of any certified reformatory school Resignation of cer
tificate by managers. may, upon giving six months',ş and the executors or administrators of a deceased manager (if only one) of any certified reformatory school may, upon giving one month's previous notice in writing of their intention so to do, resign the certificate given to such school ; and accordingly, at the expiration of six months or one month (as the case may be) from the date of the notice (unless before that time the notice is withdrawn), the certificate shall be deemed to be resigned.
* For a list of certified reformatory schools, showing the locality and date of the certificate of each school, see Appendix B., post, p. 36, and also the Annual Report published by the Home Office.
† As to the mode of obtaining the approval of the Secretary of State, see section 29, p. 21.
I In addition to a report on the state of the school, the Inspectors are required to examine the school as to its proficiency in education (see the report on the education of each school in the Annual Report presented to Parliament). § I.e., ealendar months (13 & 14 Vict. c. 21. 8. 4).
8. The managers of a certified reformatory school managers.
may decline to receive any youthful offender proposed to be sent to them under this Act, but when they have once received him they shall be deemed to have undertaken to educate, clothe, lodge, and feed him during the whole period for which he is liable to be detained in the school, or until the withdrawal or resignation of the certificate takes effect,* or until the contribution out of money provided by Parliamentt towards the custody and maintenance of the offenders detained in
the school is discontinued, whichever shall first happen. Effect of withdrawal 9. Whenever the certificate is withdrawn from or of certificate.
resigned by the managers of a reformatory school no youthful offender shall be received into such school after the date of the receipt by the managers of the school of the notice of withdrawal or after the date of the notice of resignations (as the case may be); but the obligation of the managers to educate, clothe, lodge, and feed any youthful offenders in the school at the respective dates aforesaid shall, excepting so far as the Secretary of State may otherwise direct,ß be deemed to continue until the withdrawal or resignation of the certificate takes effect, or until the contribution out of money provided by Parliamentt towards the custody and maintenance of the offenders detained in the school
is discontinued, whichever shall first happen. Disposal of inmates 10. When the withdrawal or resignation of the on withdrawal or
certificate of a reformatory school takes effect,|| the resignation of certificate.
youthful offenders detained therein shall be, by the order of the Secretary of State, either discharged or
transferred to some other certified reformatory school. Publication of the 11. A notice of the grant of any certificateq to a grant or withdrawal reforinatory school, or of the withdrawal or resignation ** of
* See section 7, ante, p. 3.
I As to resignation of certificate, by managers, see section (7),
§ This provision refers to the power of the Secretary of State to order the removal of an offender from one reformatory school to another, see section 17, post, p. 11.
il See section 7, ante, p. 3. It is incumbent, therefore, on managers to take immediate steps for the disposal of children either hy transfer or discharge, immediately on the receipt of the notice of withdrawal or resignation of the certificate granted to the school.
See section 4, ante, p. 2. ** See section 7, ante, p. 3.
of such a certificate, shall within one month* be advertised by order of the Secretary of State, as to a school in England in the London Gazette, and as to a school in Scotland in the Edinburgh Gazette.
12. The managers of any certified reformatory Power to make rules, , school may from time to time make all necessary rules for the management and discipline of the school under their charge, but such rules shall not be contrary to the provisions of this Act, and shall not be enforced until they have been submitted to and approved in writing by the Secretary of State, and no alteration shall be made without the approval in writing of the Secretary of State in any rules so approved.
This apparently makes it optional to managers to frame rules or not, but it is really obligatory, as no action can be taken under section 20 without the existence or the production of the duly authorised rules of the school.
By the Secretary of State's regulations the schools are required to devote not less and not more than three hours a day to school instruction.
For Model Rules issued by the Secretary of State, see Appendix C., post, p. 40.
. 13. Every officer of a certified reformatory Officers to have school authorised by the managers of the school, in privileges, &c., of writing under their hands or the hands of their secretary, to take charge of any youthful offender sentenced to detention under this Act for the purpose of conveying him to or from the school, or of bringing him back to the school in case of his escape or refusal to return, shall, for such purpose and while engaged in such duty, have all such powers, authorities, protection, and privileges for the purposes of the execution of his duty as a reformatory officer as any constable duly appointed has within his constablewick by common law, statute, or custom.
* I.e., calendar month (13 & 14 Vict. c. 21. s. 4).
Commitment of Offenders. The first two paragraphs of section 14 of the Refor. matory Schools Act, 1866, required that a youthful offender, before being sent to a reformatory school, should be imprisoned for not less than 10 days. graphs are now by section 4 of the Reformatory Schools Act, 1893, repealed; and it is left to the discretion of the court whether to order imprisonment or not, section 1 prescribing that the court may order the offender to be sent to a reformatory school“ in addition to or in lieu of sentencing him according to law to any punishment.”
In section 2 provision is made for the temporary detention of an offender either in a prison or in “any
апу “other place, not being a prison, which the court thinks "fil, and the occupier of which is willing to receive him," pending the completion of arrangements for his reception in a reformatory school.
Section 1 provides also, in further amendment of the provisions of section 14 of the Act of 1866, that no child under 12 years of age shall be sent to a reformatory school unless he has been previously convicted of an offence punishable with penal servitude or imprisonment; that the minimum period of detention in the school shall be three years; and that no offender shall be detained in the school after reaching the age of 19 years. (Secretary of State's circular, 4. 55,318, November 1st, 1893.)
THE REFORMATORY SCHOOLS ACT, 1893
(56 & 57 Vict, c. 48).
COMMITMENT of OFFENDERS under SIXTEEN YEARS
of AGE to REFORMATORY SCHOOLS. 1. Where a youthful offender, who, in the opinion of the court* before whom he is charged, is less than 16 years of age, is convicted, whether on indictment or by a court of summary jurisdiction,t of an offence
* This must be read in connection with the Summary Jurisdiction Rule, 1895, requiring the birthday of the child, &c., to be given in the warrant of committal. For form of warrant, nomination of school, see Summary Jurisdiction Rule, 1895, Appendix A.,
+ By section 10 (4), and section 11 (3) of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), it is enacted that nothing in these sections shall prejudice the right of the court of sunimary jurisdiction to send a young person to a reformatory or industrial school.