Page:Report of the Commission Appointed to inquire into the Penal System of the Colony.pdf/17

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15

MODES OF PUNITIVE TREATMENT PROPOSED.

Fremantle as a Local Gaol.—We recommend that Fremantle Gaol should be used as a local gaol for all persons undergoing terms of imprisonment of two years or less. All those undergoing penal servitude should serve their first three months under separate treatment at Fremantle, and then be immediately transferred to a separate labor establishment.


Labor Prison.—From the evidence before us we believe that either Drakesbrook or Coolup would be a suitable place for such a labor prison. We offer as an alternative suggestion the employment of the prisoners in clearing and draining land for occupation by agricultural settlers; possibly also quarrying, etc.

We have given a great deal of attention to the various forms of punitive treatment to which prisoners ought to be subjected and the different kinds of work on which prisoners might be employed.


Separate Cellular Treatment.—We recommend in the first place that every prisoner should undergo separate cellular treatment for the first three months of his sentence,†† or for the whole of his sentence if for less than three months, and all prisoners should be carefully classified according to the industry for which, in the opinion of the authorities, they may appear to be best adapted.§

It will thus be seen that we base our proposed system of classification not upon the nature of the offence of the prisoner nor upon the length of his sentence, but upon his physical and mental aptitude for the various kinds of work which prisoners may, under the actual conditions of our Colony, be most conveniently called upon to do. We think that the form of classification, although by no means theoretically perfect, will be found to be the most practicable for adoption in this colony.

In regard generally to the working of the system of cellular separation, which we recommend during the first part of the term of imprisonment, Mr. Tallack says:—"The adoption of cellular separation from evil (but not from good) association during the shorter terms of confinement has been attended with marked advantages in prisons in Great Britain, Holland, and Belgium, Pennsylvania, and elsewhere. But, even in these cases, it has not been in the power of the authorities to obviate some of the great evils inseparable from any form of incarceration."

Provision must be made for work, exercise (two hours daily), and education (by reading).

For the latter purpose a good library is a sine qua non.

As this form of imprisonment is infinitely more severe than that which has been adopted hitherto, the bench and magistracy would have to be thoroughly alive to the fact, and know that in sentencing, to even one month the punishment would be a severe one.

After the term of separate confinement the prisoner, if his term be for under two years, will then be placed to work within the prison at the class of industry for which he is most fitted, according to the decision of the prison authorities. This industry he will work at in association with other prisoners employed at the same industry, quite independently of the offence for which he is rendering expiation. He will have all his meals in his cell. Besides instruction from the schoolmaster and liberty to read good literature, including recognised standard works of fiction, he may attend occasional lectures given by the staff and others on such subjects as thrift, temperance, etc.


Associated Treatment.—On the expiration of the three months of separate treatment prisoners should be drafted into associated gangs, for which they will be classified according to the experience previously gained of their respective capabilities.


Labour.—Whether under separate or associated treatment prisoners should be required to work at such industries as may most conveniently and profitably be carried on within the prison walls. These industries will comprise, amongst others, mat-making and basket-making in the first place; and probably subsequently, boot-making, carpentering, blacksmithing, etc.

We recommend that all the products of prison labor, such as mats, baskets, clothing, etc., should be used in the supply of the requirements of the public service, especially those of the different prisons themselves. ∗∗


Labour Outside the Prison Walls.—Gangs of penal servitude men should, at the discretion of the Inspector-General or other equivalent and competent authority, be employed in clearing and improv-


5 "Imprisonment should be a gradual preparation for liberty. It should be organised on such a principle that the contrast between detention and liberty will not be too great when the day of liberation at last arrives."—Morrison.

4 "The distinction made by the use of the term 'imprisonment,' to denote sentences of two years and under, and 'penal servitude,' to denote sentences of two years and upwards, no longer has any significance, and it is misleading, for both classes of prisoners are undergoing 'imprisonment,' and are equally in a condition of 'penal servitude.' The only point to be kept in view is that the treatment should be adapted to the length of the sentence."—Sir E. Du Cane.

†† "In our First Progress Report the period of six months separate treatment was suggested, but on maturer consideration we have arrived at the conclusion that the term of three months would be sufficiently punitive.

4 "It is so obvious as hardly to require stating, that as persons who are earning a livelihood while free are competing with somebody or other, so it is perfectly reasonable that they should work, and therefore compete equally after being put in orison."—Sir E. Du Cane.
"It is better for the honest man that he should submit to the competition of even prison taught fellow craftsmen than that he should be the victim of their cupidity or criminality."—Queensland Commissioners.

§4 "During this period he becomes open to lessons of admonition and warning; religious influences have full opportunity of obtaining access to him; he is put in that condition when he is likely to feel sorrow for the past, and to welcome the words of those who show him how to avoid evil for the future."—Sir E. Du Cane.

3 In our First Progress Report we inclined to the opinion that the classification should follow the nature of the offence rather than the length of the sentence, and to this view we still adhere, subject, however, to the modification that, under a system of associated employment, classification must obviously generally follow the character of the work for which the men are best fitted.

 "Many of the disadvantages which attend the system of making prisons into manufactories are avoided by performing in them work required by the Government, and certainly work of this kind should be preferred to any other."—Sir E. Du Cane.

∗∗ "I would certainly like to see any articles, which are now imported, and are the product of foreign prison labor made in our own prisons."—J. Lilly, J.P.