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Convict Conditions
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George B. Phillips, Commissioner of Police, examined. 892. TICKET-OF-LEAVE REGULATIONS.—These are a relic of the old convict system, and I do not think that it is desirable that the efforts of a ticket-of-leave to obtain honest employment should be thwarted, as they must be more or less, by the intervention of the police provided for by the regulations. The regulations are not suited to the present requirements of the colony, and I think all that is necessary is provided by the police supervision contemplated in the recent Act. As a body, however, I do not think that the police act with harshness or want of consideration, although occasionally individual members of the body may act indiscreetly. 893. DISCHARGED PRISONERS.—We are required to keep discharged prisoners under observation. 894. HANDCUFFS.—These are only supposed to be used by the police where, in their discretion, they are considered necessary. A van for the conveyance of prisoners ought to be provided between Fremantle and the prison. 895. MINISTERIAL DEPARTMENTS.—I am under the department of the Premier, and not that of the Colonial Secretary, who has ministerial control of the prisons. The transfer of my department to that of the Premier took place last year. 896. COMMUNICATIONS BETWEEN THE POLICE AND PRISONERS.—The police have authority to visit the prison, but not to inform any prisoner that, in their opinion, he is innocent. If they have reason to believe that a prisoner is innocent, they should report the matter to me, in order that steps may be taken in the proper quarter to establish the fact. I have not come across any cases of this kind. I should, if they arose, regard such conduct on the part of the police or of the detectives as a breach of discipline. 897. POLICE PAY.—I think the pay given is sufficient to secure the services of a good staff of men. 898. POLICE CELLS AT COOLGARDIE.—The cell accommodation at Coolgardie might advantageously, and at small cost, be adapted for the purposes of a local goal, which is badly required. In regard to the present cost of transport, the gaol pays for the prisoners, and we pay for the police. A local gaol at Coolgardie would result in a great saving, and it would enable the police staff to be reduced. Sometimes we have to send away as many as five constables, according to the number of prisoners to be escorted. Up to two years I think prisoners might be kept at Coolgardie. (The Commission adjourned.) FRIDAY, JANUARY 20TH, 1899. [AT PERTH.] Present : DR. ADAM JAMESON, Chairman. Mr. E. W. Mayhew, Mr. J. Gallop, Mr. F. Craig, and the Secretary. Robert Fairbairn, R.M., examined. 899. REMISSIONS.—I have nothing to do with the remissions granted to prisoners, but I must say I was surprised to learn that, in the case of those prisoners who are only cautioned when they come before me, a loss of remission follows on the caution. It seems to me to be unfair. On the other hand, probably the authorities look at it in this way, that the remission allowed is only an act of grace, and if a man gives such trouble as to involve his being brought before a magistrate, he must lose some remission even if he is only cautioned. It is a matter of prison regulation entirely, as the prisoner is not entitled to any remission of his sentence as a matter of law. 900. DARK CELLS.—I was not aware, until the Commission pointed it out, that dark cell were given in every case where I ordered three days bread and water. It would be better, no doubt, that the magistrate should specifically prescribe the form and extent of the punishment, and say "three days bread and water", with or without dark cells, as the case may be. 901. FLOGGING.—I approve of flogging as a punishment for assault on officers, attempts to assault, and for mutinous conduct. In such cases flogging is necessary. In the case of absconders I would not flog, except where the violent conduct of the absconder rendered it desirable. In my time we have never given more than 36 lashes. My predecessors gave up to a hundred. 902. ABSCONDERS GENERALLY—I always take the term of the sentence into account if a man absconds. I let the short-sentence men off lightly, and draw a distinction between them and the convicts. A convict, in law, is a man liable to penal servitude, although, perhaps, not specially sentenced to penal servitude. 903. CUMULATIVE SENTENCES IN THE GAOL.—Under section 21 of the 14th Victoria, No. 6, all additional sentences passed on a convict must be cumulative. That is still the law. 904. LONG SENTENCES.—I do not believe in very long sentences. I do not think they answer the purpose. Short and severe sentences are more efficacious. I have heard men who have had experience say that two years hard labour under the sharp and severe treatment adopted in England is worse to undergo than 14 years penal servitude would be here. On the whole, in adopting any reforms in our practice, I think we should not go far wrong in adopting the English methods of punishment of prisoners, because many of the best minds of the day have, in England, been brought to bear upon the subject for years. 905. LEGISLATION.—I would repeal the whole of the existing legislation affecting the prisons, and substitute an Act framed upon English lines. I strongly approve of the separate system as recommended by your Commission. I have found close confinement most efficacious in refractory cases. 906. DIET.—Over and over again I have gone into the prison, without notice, and tasted and examined the food, and I have seen nothing to find fault with. 907. PORRIDGE.—I think the porridge should be served at breakfast and not at mid-day. 908. INSPECTION OF PRISONERS.—Formerly I used to go in to see the men before they went to church, to see if they had any complaints to make ; but it seemed to be a waste of time, as they had no complaints to make. The prisoners can see me alone if they desire to do so. 909. BOARD OF DIRECTORS OR PRISON COMMISSIONERS.—I strongly approve of the suggestion of having a paid Board of Directors to have supreme control in prison matters. 910. DAILY DIVINE SERVICE.—I think it would be a pity to abolish the daily morning service ; but in this matter the Church of Rome and the Church of England should be placed on the same footing. Robert Connell, a Detective, examined. 911. DISCHARGED PRISONERS.—We get a general advice of the men released from gaol, but do not generally follow them up ; in fact, it would be impracticable. 912. TICKET-OF-LEAVE MEN.—Except in suspicious cases, we interfere as little as possible with the ticket-of-leave men. If they are seen out after 10 p.m., it is our duty to arrest them, but as a fact this is not always done, although the Regulations require it. The ticket regulations are are not enforced nearly so strictly as they were some years ago. Police supervision as provided by the new Act might, I think, with strict rules, very well take the place of the ticket system, which is no longer adapted to the requirements of the times. The regulation governing the engagement of ticket-of-leave men ought to be abolished at once, because it prevents the unfortunate men from obtaining honest employment. The police supervision should be done by plain clothes men, because the appearance of a man in uniform at a respectable boarding house would be objectionable and injurious to the man supervised. 913. ALLEGED INNOCENCE OF CERTAIN PRISONERS.—I know of one case of a doubtful character. It is that of the man Dawes. I scarcely know what to think about it. At one time I heard he was innocent, but since then I have heard to the contrary. I doubt if any of the detectives could throw much light upon it, as the statements of some prisoners who were supposed to know all about the facts are very contradictory. 914. INTERCOLONIAL PRISONERS.—I am of opinion that there is little tendency on the part of discharged prisoners to return to the other colonies from which they have come. In fact, I am officially informed that the authorities on the other side will not let the men land if they try to do so. 915. CRIME GENERALLY.—Crime has increased very much during the last three or four years, although at present there is a falling off again. The punishment awarded is not deterrent, because it is not sufficiently severe. (The Commission adjourned.) TUESDAY, JANUARY 24TH, 1899. [AT FREMANTLE GAOL.] Present: Mr. E. W. MAYHEW, Acting Chairman. Mr. F. Craig, Mr. j. Gallop, Mr. H. G. Stirling, and the Secretary. William Taylor, a Guard, examined. 916. PERSONAL.—I wish to draw the attention of the Commission to the fact that, where quarters are not provided, some allowance should be made to the officials. I receive 6s. 6d. a day and no quarters, and I have to pay 15s. a week rent to house my family. 917. TRADE.—Bootmaker. My services have been utilised in Victorian Government institutions in teaching my trade to inmates.
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