The Prison Commission was a public body of the
Government of the United Kingdom
His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland. established in 1877 and responsible for the operation of what is now the
Scottish Prison Service
The Scottish Prison Service (SPS) () is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions.
The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible ...
. It was renamed the Prison Department in 1928,
[section 1](_blank)
Reorganisation of Offices (Scotland) Act 1928 and was merged with the
Scottish Office
The Scottish Office was a department of the Government of the United Kingdom from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland. Following the es ...
to become the
Scottish Home Department in 1939.
[section 1](_blank)
Reorganisation of Offices (Scotland) Act 1939
A corporate action is an event initiated by a public company that brings or could bring an actual change to the debt securities— equity or debt—issued by the company. Corporate actions are typically agreed upon by a company's board of dire ...
History
The Prison Commission was established under the (
40 & 41 Vict. c. 53) as a statutory board to administer and inspect prisons in
Scotland
Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
in accordance with the general or special directions of the
Secretary of State (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 ...
). It took over the executive powers and the property rights of the Home Secretary, but considerable powers remained with the Home Office, including the appointment of a chairman from among the commissioners, of the Prison Inspectorate and of the senior officers of each prison, the approval of appointments of staff made by the commissioners and the regulation of visiting committees of justices. The commissioners were appointed by royal warrant on the recommendation of the Home Secretary and were salaried. A similar body for
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
was also created in the same year, also called the
Prison Commission.
The commission was a
body corporate
In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "''legal'' person" is t ...
of not more than three members, of which one was to be the
Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...
of the
County of Perth and another the
Crown Agent for Scotland, and was empowered to hold property for the purposes of the act. Its duties included the maintenance of all prisons, the appointment of subordinate prison staff, the inspection of prison buildings and the condition of prisoners, and the exercise of powers formerly vested in visiting
justices
''Justice'' (abbreviation: ame ''J.'' and other variations) is an honorific style and title traditionally used to describe a jurist who is currently serving or has served on a supreme court or some equal position. In some countries, a justice ma ...
and inspectors of prisons. It also submitted annual reports on every prison to the Home Office for presentation to
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, together with other returns. The reports included details of manufacturing processes carried on by prisoners within the prisons. The commissioners were assisted in their work by a central staff, by the Prison Inspectorate and by visiting committees of justices, which acted under regulations drawn up by the Home Office. The first appointed commissioner was
John Hill Burton
John Hill Burton FRSE (22 August 1809 – 10 August 1881) was a Scottish advocate, historian and economist. The author of ''Life and Correspondence of David Hume'', he was secretary of the Scottish Prison Board (1854–77), and Historiogra ...
, who had previously been secretary to the Prison Board of Scotland.
In 1885, the post of
Secretary for Scotland
The secretary of state for Scotland (; ), also referred to as the Scottish secretary, is a Secretary of State (United Kingdom), secretary of state in the Government of the United Kingdom, with responsibility for the Scotland Office. The incum ...
was created, and along with it the
Scottish Office
The Scottish Office was a department of the Government of the United Kingdom from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland. Following the es ...
, and responsibility for the commission passed to him. In 1926 the office of Secretary for Scotland was upgraded to become
Secretary of State for Scotland
The secretary of state for Scotland (; ), also referred to as the Scottish secretary, is a Secretary of State (United Kingdom), secretary of state in the Government of the United Kingdom, with responsibility for the Scotland Office. The incum ...
. In 1928, the commission, along with the
Scottish Board of Health and the
Board of Agriculture for Scotland, was abolished and transferred to become a department of the new Secretary of State.
The existing Commissioners were transferred to the
Scottish Office
The Scottish Office was a department of the Government of the United Kingdom from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland. Following the es ...
and no further Commissioners were appointed.
In 1938, the Report of the Departmental Committee on Scottish Administration recommended that the departments be merged with the
Scottish Office
The Scottish Office was a department of the Government of the United Kingdom from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland. Following the es ...
,
HL Deb 21 February 1963 vol 246 c1443
/ref> and 1939 the Scottish Education Department
The Scottish Government Education Directorates were a group of the civil service
The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional t ...
, Department of Health for Scotland, Department of Agriculture for Scotland, Fishery Board for Scotland and the Prisons Department for Scotland merged to become the Scottish Home Department.
References
{{reflist
See also
*Prison Commission (England and Wales)
The Prison Commission was a public body of the Government of the United Kingdom established in 1877 and responsible for overseeing the operation of HM Prison Service. It was merged into the Home Office on 1 April 1963 to become the Prisons Departme ...
, the sister body to the Commission in Scotland
* Scottish Prisons Commission, a review body established in 2007 to report on the prison service in Scotland
Defunct departments of the Government of the United Kingdom
Government of Scotland
Defunct public bodies of the United Kingdom
Penal system in Scotland
1877 establishments in Scotland
Defunct organisations based in Scotland
Government agencies established in 1877
Scottish commissions and inquiries
1939 disestablishments in Scotland
Government agencies disestablished in 1939