CO129-501-6 Sweepstakes and Lotteries 3-1-1927 - 3-1-1927 — Page 21

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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SECTION VI.

BORSTAL DETENTION AND BORSTAL LICENCE-HOLDERS.

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1. Before a youthful offender between 16 and 21 years of age sentenced to Borstal Detention, the Court is required by section 1 (1) of the Prevention of Crime Act, 1908, to consider any report or repre- sentations made by, or on behalf of, the Prison Commissioners as to the suitability of the case for treatment in a Borstal Institution. Before a Court of Summary Jurisdiction sends a prisoner on conviction to Quarter Sessions with a view to the passing of a sentence of Borstal Detention under section 10 of the Criminal Justice Administration Act, 1914, it is similarly required to consider any like representations It is obvious that the duty cast upon the Prison Commissioners can only be performed if they obtain, as they instruct Prison Governors to do, full information regarding the character and antecedents of the offender. The Police should therefore render Governors all the assistance they can and, in order to prevent delay, information should be sent to them in every case in which the question of a sentence of Borstal detention may arise, without waiting for a Governor to make a request.

2. The object of Borstal treatment being largely to reform the offender, inmates of Borstal Institutions are usually released on licence before their sentences expire if there is ground for hoping that this object has been achieved, but after release, they usually remain subject to the conditions of the licence, not only during the rest of the sentence, but also for a period of twelve months after it expires. As Borstal licence-holders are placed by their licences under the supervision of some person or Society named therein (usually the Borstal Association), the Police have no responsibility with regard to them, unless they commit offences again or forfeit their licences by escaping from supervision or breaking other conditions.

3. When a Borstal licence-holder so behaves as to forfeit his licence, proceedings may be taken before a Court of Summary Jurisdiction under section 5 (5) of the Act of 1908 either by the person entrusted with the supervision of the offender or by the Police; and a warrant may be obtained for his arrest under which he will be brought by the Police before a Court of Summary Jurisdiction.

It is, however, more usual for a licence to be revoked by the Prison Commissioners, under section 5 (3) of the Act; the licence-holder, if at large, will then be taken back to the Institution by an officer of the Institution or by other prison officer. If he refuses to return, he may be apprehended without warrant; and the Police should then give the officer concerned their assistance, if requested to do so.

4. It sometimes happens that a lad recently or still under the care of the Borztal Association loses his work ashore or on board ship unexpectedly, and takes to the road for the purpose of tramping to the office of the Association or to his home. Occasionally such a lad has been arrested on the way for begging or some other trivial offence,

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although if the Borstal Association had known the circumstances in time, they might have been ready to afford aid. In order that the Association may have an opportunity of considering such cases, the Police should assist any lad who comes to them (as such lads who are penniless and cannot apply direct to the Association are instructed to do), stating that he has been discharged from a Borstal Institution within a reasonably short time, if he appears to be acting in good faith. The assistance given by the Police may consist, for instance, in providing board and lodging for the night. The facts should be telegraphed to the Association, who, in proper cases, will afford further assistance and in any case will refund expenses reasonably incurred by the Police.

5. The address of the Borstal Association is 15, Buckingham Street, Strand, London, W.C. 2. The telephone number is "Central 20£8.”

(B 3, 858)

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