The Gaol Act ( 4 Geo. 4. c. 64), sometimes called the Gaol Act 1823, the Gaols Act 1823, the Gaols, etc. (England) Act 1823, the Prison Act 1823, or the Prisons Act 1823, was an act of the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

to reform prisons. The act mandated sex segregated prisons and female warders for female prisoners across the whole of the then British Empire.

Passage

Leave to bring in the Prisons Bill to the

House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...

was granted to Thomas Courtenay , the

home secretary The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...

Robert Peel Sir Robert Peel, 2nd Baronet (5 February 1788 – 2 July 1850), was a British Conservative statesman who twice was Prime Minister of the United Kingdom (1834–1835, 1841–1846), and simultaneously was Chancellor of the Exchequer (1834–183 ...

and the

solicitor general A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...

, Sir John Copley on 7 March 1823. The bill had its

first reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...

in the

on 10 March 1823, presented by Thomas Courtenay . The bill had its

second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...

in the

on 14 March 1823 and was committed to a committee of the whole house, which met on 17 March 1823 and reported on 22 March 1823, with amendments. The amended bill had its

third reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...

in the

on 25 and passed, with amendments. The bill had its

in the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

on 26 March 1823. The bill had its

in the

on 2 May 1823 and was committed to a select committee, The committee reported on 10 June 1823, with amendments. The amended bill was reported to a committee of the whole house, which met on 13 June 1823 and reported on 17 June 1823, with amendments. The amended bill had its

in the

on 18 June 1823 and passed, without amendments. The amended bill was considered and agreed to by the

on 7 July 1823 with amendments. The amended bill was considered and agreed to by the

on 9 July 1823. The bill was granted

royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...

on 10 July 1823.

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 an
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 Ukraine. She visited and was appalled at the conditions of women and girls at

Newgate Prison Newgate Prison was a prison at the corner of Newgate Street and Old Bailey, just inside the City of London, England, originally at the site of Newgate, a gate in the Roman London Wall. Built in the 12th century and demolished in 1904, the pr ...

. 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. This led directly to the Gaols Act 1823, which was introduced and supported by the Home Secretary

. 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 as well as requiring the installation of female wardens to guard female prisoners; and prohibited the use of irons and manacles. Peel's Judgement of Death Act 1823 ( 4 Geo. 4. c. 48) and four others passed at the same time lifted the death penalty from 130 crimes.

Provisions

Repealed enactments

Section 1 of the act repealed 23 enactments, listed in that section, "so far as relates to such Gaols or Prisons, or Houses of Correction".

Legacy

The qualified terms of the repeal led to several acts being repealed by later Statute Law Revision Acts, including: * Statute Law Revision Act 1861 ( 24 & 25 Vict. c. 101) *

Statute Law Revision Act 1863 A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

( 6 & 27 Vict. c. 125) *

Statute Law Revision Act 1871 A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

( 34 & 35 Vict. c. 116) * Statute Law Revision Act 1873 ( 36 & 37 Vict. c. 91) The act was largely ineffective because there were no inspectors to make sure that it was being followed. The Prisons Act 1835 ( 5 & 6 Will. 4. c. 38) offered a remedy by providing for the appointment of five paid prison inspectors. This helped to stop the exploitation of prisoners. The whole act was repealed by section 73 of, and the third schedule to, the Prison Act 1865 ( 28 & 29 Vict. c. 126).

Notes

References

{{Reflist United Kingdom Acts of Parliament 1823 Acts of the Parliament of the United Kingdom concerning England and Wales Repealed United Kingdom Acts of Parliament Penal system in England 1823 in England Criminal justice Consolidation Acts

Passage

Overview

Provisions

Repealed enactments

Legacy

See also

Notes

References