The lax discipline maintained in Newgate was still further deteriorated by the presence of two other classes of prisoners who ought never to have been inmates of such a gaol. One of these were the criminal lunatics, who were at this time and for long previous continuously imprisoned there. As the law stood since the passing of the 9th Geo. IV. c. 40, any two justices might remove a prisoner found to be insane, either on commitment or arraignment, to an asylum, and the Secretary of State had the same power as regards any who became insane while undergoing sentence. These powers were not invariably put in force, and there were in consequence many unhappy lunatics in Newgate and other gaols, whose proper place was the asylum. At the time the Lords' Committee sat there were eight thus retained in Newgate, and a return in the appendix of the Lords' report gives a total of thirty-nine lunatics confined in various gaols, many of them guilty of murder and other serious crimes. The inspectors in the following year, on examining the facts, found that some of these poor creatures had been in confinement for long periods: at Newgate and York Castle as long as five years; "at Ilchester and Morpeth for seven years; at Warwick for eight years, at Buckingham and Hereford for eleven years, at Appleby for thirteen years, at Anglesea for fifteen years, at Exeter for sixteen years, and at Pembroke for not less a period than twenty-four years."
It was manifestly wrong that such persons, "visited by the most awful of calamities," should be detained in a common prison. Not only did their presence tend greatly to interfere with the discipline of the prison, but their condition was deplorable in the extreme. The lunatic became the sport of the idle and the depraved. His cure was out of the question; he was placed in a situation "beyond all others calculated to confirm his malady and prolong his sufferings." The matter was still further complicated at Newgate by the presence within the walls of sham lunatics. Some of those included in the category had actually been returned as sane from the asylum to which they had been sent, and there was always some uncertainty as to who was mad and who not. Prisoners indeed were known to boast that they had saved their necks by feigning insanity. It was high time that the unsatisfactory state of the law as regards the treatment of criminal lunatics should be remedied, and not the least of the good services rendered by the new inspectors was their inquiry into the status of these unfortunate people, and their recommendation to improve it.