Act of Parliament
Parliament of the United Kingdom
Long titleAn Act for consolidating and amending the Laws relating to the building, repairing and regulating of certain Gaols and Houses of Correction in England and Wales.
Citation4 Geo. 4. c. 64
Dates
Royal assent10 July 1823
Commencement1 September 1823[1]

The Gaol Act[2] (4 Geo. 4. c. 64), sometimes called the Gaol Act 1823,[3] the Gaols Act 1823,[4] the Gaols, etc. (England) Act 1823,[5] the Prison Act 1823,[6] or the Prisons Act 1823,[7] was an Act of the Parliament of the United Kingdom to reform prisons. The Gaols Act 1823 mandated i) sex segregated prisons and ii) female warders for female prisoners across the whole of the then British Empire.

Overview

John Howard FRS, for whom the Howard League for Penal Reform is named, was a key penal reformer of the 18th century. In 1785 he and Jeremiah Fitzpatrick observed the sexual degradation of women and girls in Wicklow Gaol.

In 1813 Elizabeth Fry was prompted by a French-American Quaker, Stephen Grellet, who advocated sex segregation of prisons in Russia on his visit to the then Russian Empire, now Russia and Ukaraine. She visited and was appalled at the conditions of women and girls at Newgate Prison. She was the first woman to give evidence to a House of Commons select committee about the sexual degradation of women and girls at the hands of both male prisoners and warders.[8] This led directly to the Gaols Act 1823, which was introduced and supported by the Home Secretary Robert Peel.[9] Her letters were collected together by her daughters into a journal of her life (the custom among Quakers) "The Life of Elizabeth Fry".

In particular Elizabeth Fry was involved in the amelioration of the conditions of women and girls deported to Australia "in little better than slave ships". It is worth noting that it was not until 1833 that slavery was abolished in the then British Empire, some 10 years after the Act and some 20 after her work started.

The Act introduced regular visits to prisoners by chaplains; provided for the payment of gaolers, who had previously been paid out of fees that the prisoners themselves were required to pay; stated that female and male prisoners should be kept separated[10] as well as requiring the installation of female wardens to guard female prisoners; and prohibited the use of irons and manacles.[11] Peel's Judgement of Death Act 1823 and four others passed at the same time lifted the death penalty from 130 crimes.[9]

The Act was largely ineffective, because there were no inspectors to make sure that it was being followed. The Prisons Act 1835 offered a remedy by providing for the appointment of five paid prison inspectors.[12] This helped to stop the exploitation of prisoners.

See also

Notes and references

  • John Raithby. The Statutes of the United Kingdom of Great Britain and Ireland. Printed by George Eyre and Andrew Strahan. London. 1824. Volume 9. Pages 249 to 272.
  1. ↑ 4 Geo. 4. c. 64, section 78
  2. ↑ The preamble of the Discharged Prisoners' Aid Act 1862 (25 & 26 Vict. c. 44) provides that this Act is thereinafter referred to as "the Gaol Act".
  3. ↑ John Frederick Archbold. The Practice of the Court of Quarter Sessions. Third Edition. By C W Lovesy. Shaw and Sons. Fetter Lane, London. 1869. Page 251.
  4. ↑ Radzinowicz. A History of English Criminal Law and Its Administration from 1750. Steven & Sons Limited. London. 1948. Volume 1 (The Movement for Reform). Page 806.
  5. ↑ The Oxford History of the Laws of England. Oxford University Press. 2010. Volume 13. Page xlix.
  6. ↑ A Descriptive Report on the Quarter Sessions, other Official, and Ecclessiastical Records in the Custody of the County Councils of West and East Sussex. (Record Publication 2). Clerk of the West Sussex County Council. County Hall, Chichester. Clerk of the East Sussex County Council. County Hall, Lewes. 1954. Page 56.
  7. ↑ P W J Bartrip. The Home Office and the Dangerous Trades. Brill. 2016. Page 36.
  8. ↑ https://www.gutenberg.org/files/16606/16606-h/16606-h.htm
  9. 1 2 "Crime and Punishment: Elizabeth Fry". community.dur.ac.uk. Retrieved 16 March 2019.
  10. ↑ "Methods of punishment". BBC Bitesize. Retrieved 16 March 2019.
  11. ↑ Hubbard, Ben (2015). Stories of Women During the Industrial Revolution: Changing Roles, Changing Lives. Capstone. p. 16. ISBN 9781484624449.
  12. ↑ Evans, R. Paul; Wilkinson, Alf (2018). WJEC GCSE History Changes in Health and Medicine c.1340 to the present day and Changes in Crime and Punishment, c.1500 to the present day. Hodder Education. p. 418. ISBN 9781510401921.


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