Prison Commission (England and Wales)
Encyclopedia
The Prison Commission was a public body of the Government of the United Kingdom
established in 1877 and responsible for overseeing the operation of HM Prison Service. It was merged into the Home Office
on 1 April 1963 to become the Prisons Department.
as a statutory board to administer and inspect prisons in England and Wales
in accordance with the general or special directions of the Secretary of State
(the Home Secretary
). It took over the executive powers and the property rights of the Home Secretary, but considerable powers remained with the Home Office, including the appointment of a chairman from among the commissioners, of HM Prison Inspectorate
and of the senior officers of each prison, the approval of appointments of staff made by the commissioners and the regulation of visiting committees of justices. The commissioners were appointed by royal warrant on the recommendation of the Home Secretary and were salaried.
The commission was a body corporate of not more than five members and was empowered to hold property for the purposes of the Act. Its duties included the maintenance of all prisons, the appointment of subordinate prison staff, the inspection of prison buildings and the condition of prisoners, and the exercise of powers formerly vested in visiting justices
and inspectors of prisons. It also submitted annual reports on every prison to the Home Office for presentation to Parliament
, together with other returns. The reports included details of manufacturing processes carried on by prisoners within the prisons. The commissioners were assisted in their work by a central staff, by the Prison Inspectorate and by visiting committees of justices, which acted under regulations drawn up by the Home Office.
In 1881 the staffs of the directors of convict prisons and of the Prison Commission were merged, and under the Prisons Act 1898 the office of commissioner was made to carry that of director also. The commission thus became responsible for all prisons in England and Wales. It was closely associated with the Criminal Department of the Home Office and was frequently referred to as the Prison Department of the Home Office. The commission later took charge of borstal
institutions (1908) and remand
centres and detention centre
s (1948), and from 1877 to 1895 was responsible for maintaining the register of habitual criminals; in the latter year this was returned to the Metropolitan Police Office
. The commission developed secretariat, establishment and finance branches, as well as an Industries and Stores Division concerned with industries in the prisons and borstals and a Works Division dealing with buildings.
. The former commissioners remained members of a Prisons Board. The Industries and Stores Division became a distinct section of the new department, but the common service divisions of the commission were merged with the appropriate divisions of the Home Office.
Government of the United Kingdom
Her Majesty's Government is the central government of the United Kingdom of Great Britain and Northern Ireland. The Government is led by the Prime Minister, who selects all the remaining Ministers...
established in 1877 and responsible for overseeing the operation of HM Prison Service. It was merged into the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
on 1 April 1963 to become the Prisons Department.
History
The Prison Commission was established under the Prison Act 1877Prison Act 1877
The Prison Act of 1877 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that aimed to alter the way in which British prisons were operated.-Detail:...
as a statutory board to administer and inspect prisons in England and Wales
Prisons in Wales
The prisons in Wales are run by Her Majesty's Prison Service, which is in turn a part of the National Offender Management Service which is an executive agency of the Ministry of Justice responsible for the correctional services in England and Wales...
in accordance with the general or special directions of the Secretary of State
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
(the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
). It took over the executive powers and the property rights of the Home Secretary, but considerable powers remained with the Home Office, including the appointment of a chairman from among the commissioners, of HM Prison Inspectorate
Her Majesty's Chief Inspector of Prisons
Her Majesty's Chief Inspector of Prisons is the head of HM Inspectorate of Prisons and the senior inspector of prisons, young offender institutions and immigration service detention and removal centres in England and Wales...
and of the senior officers of each prison, the approval of appointments of staff made by the commissioners and the regulation of visiting committees of justices. The commissioners were appointed by royal warrant on the recommendation of the Home Secretary and were salaried.
The commission was a body corporate of not more than five members and was empowered to hold property for the purposes of the Act. Its duties included the maintenance of all prisons, the appointment of subordinate prison staff, the inspection of prison buildings and the condition of prisoners, and the exercise of powers formerly vested in visiting justices
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
and inspectors of prisons. It also submitted annual reports on every prison to the Home Office for presentation to Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, together with other returns. The reports included details of manufacturing processes carried on by prisoners within the prisons. The commissioners were assisted in their work by a central staff, by the Prison Inspectorate and by visiting committees of justices, which acted under regulations drawn up by the Home Office.
In 1881 the staffs of the directors of convict prisons and of the Prison Commission were merged, and under the Prisons Act 1898 the office of commissioner was made to carry that of director also. The commission thus became responsible for all prisons in England and Wales. It was closely associated with the Criminal Department of the Home Office and was frequently referred to as the Prison Department of the Home Office. The commission later took charge of borstal
Borstal
A borstal was a type of youth prison in the United Kingdom, run by the Prison Service and intended to reform seriously delinquent young people. The word is sometimes used loosely to apply to other kinds of youth institution or reformatory, such as Approved Schools and Detention Centres. The court...
institutions (1908) and remand
Remand
The term remand may be used to describe an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for action....
centres and detention centre
Immigration detention
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in detention until a decision is made by immigration authorities to grant a visa and release them into the community, or to...
s (1948), and from 1877 to 1895 was responsible for maintaining the register of habitual criminals; in the latter year this was returned to the Metropolitan Police Office
Metropolitan Police Office
The Metropolitan Police Office was the department of the British Home Office which administered the Metropolitan Police of London, the only British territorial police force to be administered by central government. It was based at Scotland Yard and headed by a Secretary, who was, although a...
. The commission developed secretariat, establishment and finance branches, as well as an Industries and Stores Division concerned with industries in the prisons and borstals and a Works Division dealing with buildings.
Abolition and merger
The directors of convict prisons were abolished in 1948, and on 1 April 1963 the Prison Commission was transferred to the Home Office as its new Prison Department. The merger was made by Order in Council, the Prison Commissioners Dissolution Order 1963 (S.I. 1963/597), under powers granted by section 24 of the Criminal Justice Act 1961. The merger was relatively contentious, and the Order was only passed after over three hours of debate in the House of Commons, and two and a half hours in the House of LordsHouse of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. The former commissioners remained members of a Prisons Board. The Industries and Stores Division became a distinct section of the new department, but the common service divisions of the commission were merged with the appropriate divisions of the Home Office.
See also
- Prison Commission (Scotland)Prison Commission (Scotland)The Prison Commission was a public body of the Government of the United Kingdom established in 1877 and responsible for the operation of what is now the Scottish Prison Service...
, the sister body to the Commission in England & Wales - Scottish Prisons CommissionScottish Prisons CommissionThe Scottish Prisons Commission was a commission established by the Scottish Government in 2007 to "analyse the impact for courts, prisons and community justice services of early release provisions contained in the Custodial Sentences and Weapons Act 2007".-Terms of reference:The terms of...
, a review body established in 2007 to report on the prison service in Scotland
- This article uses text from The National Archives - Catalogue: Department code PCOM and The National Archives - Catalogue: Series reference PCOM 9, which are licensed under the Open Government Licence v1.0 which permits reuse under the Creative Commons Attribution-ShareAlike 3.0 Unported License, but not under the GFDL.