County Gaols Repeals Consultation
We have identified a significant number of Acts relating to County Gaols, spanning the period 1698 to 1865, which have become obsolete. Many of these Acts had only local application. They were designed to provide the relevant county or city justices (acting through quarter sessions), or the city corporation, with powers to rebuild gaols which either had fallen into a bad state of repair or had become inadequate for their purpose. They all pre-date the centralisation of the prison service (under the Home Secretary) in 1877.
Across England and Wales we have reviewed 43 Acts which relate to gaols and penal institutions in 19 counties (together with parts of Greater London). These Acts include an Act of 1778 which authorised the rebuilding of Newgate gaol in the City of London (and the raising of building capital), and one of 1753 which enabled the Vicars Choral of Exeter Cathedral to divest themselves of responsibility for maintenance of a debtors' gaol on that city's outskirts. The various pieces of legislation allowed the local bodies with responsibility for gaol management to:
- identify and acquire new sites for gaol rebuilding (often with powers of compulsory acquisition);
- dispose of redundant sites, and to raise monies for the projects by levy of local rates and by borrowing;
- undertake design and construction works; and
- employ the requisite staff, and to make regulations for the better governance of the gaols and houses of correction within their remit.
We hope that interested parties will read and respond to our consultation paper, in particular to identify whether any of the Acts we propose to repeal hold any remaining value.
Consultation paper with proposals. The consultation closes on 31 July 2006. Please email us with your views.
A background note on repealing obsolete laws is available. Return to the Statute Law Revision page to find out about other proposals for repeal.