Crime and punishment in modern Britain, c.1900 - EdexcelPunishment since c.1900

Prisons have continued to be used for the punishment of crime. However, there have been changes in the way prisons have been organised and the conditions of prisoners.

Changes to prisons

Since c.1900, the aim of prisons has moved away from deterrence and towards the rehabilitation of prisoners. The following changes have taken place to support and educate prisoners to live a crime-free life when they return to the community after they have served their sentence:

• abolition of pointless hard work, such as the treadmill and the crank, in 1902
• steps to improve prisoner welfare, such as an end to the requirement for prisoners to be kept in solitary confinement in 1922 - allowing prisoners to mix
• improvement of conditions in cells, including better diets and heating
• employment of teachers to support prisoners with finding work when they are released
• introduction of day release programmes - first seen in Wakefield Prison in 1939 - to better prepare prisoners to re-enter the community

Open prisons

Open prisons were introduced in 1933 and continue to be used today. In open prisons, the rules are more relaxed and prisoners are allowed to leave each day for work. The aim of open prisons is to prepare prisoners to return to the community and lead a life without crime once their sentence is complete.

These changes took place because of shifts in the attitudes of society and a reduction in the fear of crime. Most people no longer believed that individuals were born criminals. Instead, people came to understand that poverty was a cause of crime. This led to a belief that improved conditions and education could reform those who committed crime.

Non-custodial alternatives to prison

Prisons have proven ineffective in decreasing the amount of crime. Problems include:

• High rates of reoffending.
• Younger prisoners continue to mix with older criminals.
• Prisons are expensive to maintain.
• Prisons do not remove the factors that lead people to crime, such as poverty, social problems, greed and power.

Governments have tried various non-custodial punishments for crime since c.1900:

• Probation was introduced in 1907. In this type of punishment, to avoid prison, an offender has to report to the police once a week, meet with a probation officer and not reoffend.
• Fines have continued to be the most common punishment used. Since 1914, offenders have been given longer to pay.
• In 1967, parole was introduced so that prisoners could be released early if they behaved well.
• Drug and alcohol rehabilitation programmes are offered to help young people needing treatment and support.
• Suspended sentences were introduced in 1967. These gave offenders the opportunity to avoid prison if they did not commit another crime.
• Community service, a form of unpaid work, has been used since 1972.
• Electronic tagging was introduced in the 1990s. This means offenders’ locations are tracked using a tag placed on their ankle. This allows the police and courts to impose a curfew (ie: the time when they have to be at home) on criminals.
• In restorative justice, the culprit meets the victim of the crime (or their relatives) to talk about the impact and consequences of criminal actions.
• Anti-social behaviour orders (ASBOs) can be issued by a court. They restrict the movement and interaction of young criminals.

Specialised treatment of young offenders

Similarly to attitudes to adults, attitudes to the punishment of young offenders in modern Britain changed from harsh punishment to reform and rehabilitation. Some people argued that young people’s behaviour would be easier to reform because their characters were not fixed.

The punishment of offenders aged under 18 began to change early in the 20th century. In 1902, the first borstal opened to separate young offenders from adult criminals. These were similar to boarding schools with a structured day, strict rules, lots of sport, education and work programmes. Sentences ranged from six months to two years.

The use of borstals was extended throughout Britain in 1908.

However, critics argued most offenders continued to commit crime after they were released.

The 1982 Criminal Justice Act abolished borstals and replaced them with new types of custodial institutions for young offenders. Over time, youth justice has continued to focus on reducing reoffending through rehabilitation rather than punishment alone.

Today, most young offenders are dealt with through community-based sentences. Courts can issue a Youth Rehabilitation Order (YRO), which may include supervision, curfews, electronic tagging, unpaid work, or attendance at programmes designed to address behaviour.

Custody is used as a last resort. Young people who receive a custodial sentence may be placed in a Youth Offender Institution (YOI) or another secure youth setting. The aim is to prevent further offending and support rehabilitation.

Before custody is considered, other interventions may include:

• working with schools, youth offending teams and social workers
• issuing parenting orders, requiring parents or guardians to attend support programmes
• providing counselling, mentoring or behaviour programmes
• imposing curfews, supervision or community work through a Youth Rehabilitation Order.