Prisons – Prison reform and centralisation
Until 1835 responsibility for prisons lay with burghs. Conditions were criticised and in response, between 1835 and 1877, central government took more responsibility for local prisons, removing them completely from local control in 1877.
In the third quarter of the 18th century, prison reformers began to take an interest in Scottish prisons. Several notable English commentators visited prisons in Scotland: John Howard in 1779 and 1782–83, James Neild in 1807 and 1809, and Joseph John Gurney, with his sister Elizabeth Fry, in 1818. These, on the whole, found Scottish prisons to be old, insanitary buildings, without space for exercise and frequently without water or sewers.[1]
In 1818 a parliamentary committee found conditions in most Scottish prisons to be poor and its recommendations led to an act to enable (but not compel) counties and stewartries to contribute to the costs of improving burgh prisons.[2] Further prison select committees reported in 1819 and 1826. In 1835 the government (in the form of one of the Principal Secretaries of State) was empowered to appoint inspectors to visit prisons in any part of Great Britain and report on conditions there.[3]
The work of inspectors appointed under the Prison Act 1835 led to the Prison (Scotland) Acts of 1839, 1844 and 1851.[4] These placed the general superintendence of all Scottish prisons in the hands of the General Board of Directors of Prisons in Scotland. County Boards were established to manage all 178 Scottish prisons, except the General Prison, which was established in Perth to house long-term prisoners, and was administered by the General Board of Directors. Funding for prisons was raised by local taxation, by assessors in each county and by magistrates and councils of burghs. Between 1840 and 1860 the General Board of Directors closed all but 77 prisons in Scotland. The Prisons (Scotland) Act 1860 abolished the General Board; thereafter county boards reported to the Home Secretary.[5] The running of the General Prison was entrusted to four managers – the Sheriff of Perth, Inspector of Prisons in Scotland, the Crown Agent and a stipendiary manager. These also formed the Board of Management of Prisons in Scotland and acted as advisors to the Home Secretary on prison matters.
Compilers: SCAN contributors (2000).
Related Knowledge Base entries
Burgh tolbooths and early prisons
Bibliography
Cameron, Joy, Prisons and Punishment in Scotland (Canongate, 1983)
Gurney, Joseph John Notes on a visit made to some of the prisons in Scotland and the north of England, in company with Elizabeth Fry 2nd Edition (London, 1820)
Howard, John, Appendix to the State of Prisons in England & Wales &c (William Eyres, 1780)
Neild, James, State of the Prisons in England, Scotland and Wales (John Nichols & Son, 1812)
References
[1] John Howard Appendix to the State of Prisons in England & Wales &c (William Eyres, 1780); James Neild State of the Prisons in England, Scotland and Wales (John Nichols & Son, 1812); Joseph John Gurney Notes on a visit made to some of the prisons in Scotland and the north of England, in company with Elizabeth Fry 2nd Edition (London: 1820).
[2] Select Committee on Petition of Royal Burghs of Scotland relating to Expense of providing Jails. Report, Appendix, 1818. House of Commons Papers No 346; Act to enable counties and stewartries in Scotland to give aid to royal burghs situated therein for the purpose of improving, enlarging or rebuilding their gaols, or to improve, enlarge or rebuild common gaols of counties and stewartries which are not the gaols of royal burghs, 1819 (59. Geo. III c. 61).
[3] Prison Act 1835 (5 & 6 Will. IV c.38).
[4] Prison Act 1835 (5 & 6 Will. IV c.38); Prisons (Scotland) Act 1839 (2 & 3 Vict. c.42); Prisons (Scotland) Act 1844 (7 & 8 Vict. c.34); Prisons (Scotland) Act 1851 (14 & 15 Vict. c.27).
[5] Prisons (Scotland) Administration Act 1860 (28 & 29 Vict. c.84).