Prison Commission (Scotland)
Encyclopedia
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
. It was renamed the Prison Department in 1928, and was merged with the Scottish Office
to become the Scottish Home Department in 1939.
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 the 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. A similar body for England and Wales
was also created in the same year, also called the Prison Commission
.
The commission was a body corporate of not more than three members, of which one was to be the Sheriff of the County of Perth
and another the Crown Agent for Scotland, 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. The first appointed Commissioner was John Hill Burton
, who had previously been Secretary to the Prison Board of Scotland.
In 1885, the post of Secretary for Scotland was created, and along with it the Scottish Office
, and responsibility for the Commission passed to him. In 1926 the office of Secretary for Scotland was upgraded to become Secretary of State for Scotland
. In 1928, the Commission, along with the Scottish Board of Health and the Board of Agriculture for Scotland, was abolished and transferred to become a department of the new Secretary of State. The existing Commissioners were transferred to the Scottish Office
and no further Commissioners were appointed.
In 1938, the Report of the Departmental Committee on Scottish Administration recommended that the departments be merged with the Scottish Office
, and 1939 the Scottish Education Department, Department of Health for Scotland, Department of Agriculture for Scotland, Fishery Board for Scotland and the Prisons Department for Scotland merged to become the Scottish Home Department.
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 the operation of what is now the Scottish Prison Service
Scottish Prison Service
The Scottish Prison Service is an executive agency of the Scottish Government tasked with managing prisons in Scotland...
. It was renamed the Prison Department in 1928, and was merged with the Scottish Office
Scottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...
to become the Scottish Home Department in 1939.
History
The Prison Commission was established under the Prisons (Scotland) Act 1877 as a statutory board to administer and inspect prisons in ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
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 the 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. A similar body for England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
was also created in the same year, also called the Prison Commission
Prison Commission (England and Wales)
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...
.
The commission was a body corporate of not more than three members, of which one was to be the Sheriff of the County of Perth
Perthshire
Perthshire, officially the County of Perth , is a registration county in central Scotland. It extends from Strathmore in the east, to the Pass of Drumochter in the north, Rannoch Moor and Ben Lui in the west, and Aberfoyle in the south...
and another the Crown Agent for Scotland, 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. The first appointed Commissioner was John Hill Burton
John Hill Burton
John Hill Burton FRSE was a Scottish advocate, historian and economist. The author of "Life and Correspondence of David Hume", he was secretary of the Scottish Prison Board , and Historiographer Royal ....
, who had previously been Secretary to the Prison Board of Scotland.
In 1885, the post of Secretary for Scotland was created, and along with it the Scottish Office
Scottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...
, and responsibility for the Commission passed to him. In 1926 the office of Secretary for Scotland was upgraded to become Secretary of State for Scotland
Secretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...
. In 1928, the Commission, along with the Scottish Board of Health and the Board of Agriculture for Scotland, was abolished and transferred to become a department of the new Secretary of State. The existing Commissioners were transferred to the Scottish Office
Scottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...
and no further Commissioners were appointed.
In 1938, the Report of the Departmental Committee on Scottish Administration recommended that the departments be merged with the Scottish Office
Scottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...
, and 1939 the Scottish Education Department, Department of Health for Scotland, Department of Agriculture for Scotland, Fishery Board for Scotland and the Prisons Department for Scotland merged to become the Scottish Home Department.
See also
- Prison Commission (England and Wales)Prison Commission (England and Wales)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...
, the sister body to the Commission in Scotland - 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