Prisons and Prison Reform

This section explains Prisons and Prison Reform, c.1700-c.1900. Between the 18th and 19th centuries, Britain experienced significant changes in its approach to punishment, with a growing focus on reform and rehabilitation rather than simple retribution. This shift in thinking led to a marked increase in the use of prisons as the primary method of punishment.

Change in the Use of Prisons

Prisons were used in Britain for centuries, but their role evolved significantly during the 18th and 19th centuries. In earlier periods, such as the 16th, 17th, and 18th centuries, houses of correction were primarily used to punish vagrants, beggars, and sex workers. These were not designed to be correctional facilities but rather places to detain and punish people who were deemed as a burden to society.

However, by the 19th century, the use of prisons began to shift. They were no longer merely holding places for people awaiting trial but became a penal and punitive institution in their own right. The purpose of prisons started to change from merely detaining individuals to actively attempting to reform them, reflecting broader changes in ideas about crime and punishment.

Early Prisons

Before the 19th century, conditions in early prisons were notoriously poor. Prisons, especially bridewell prisons, were overcrowded and unsanitary. The lack of a structured system meant that prisoners were often treated unjustly, and their time in prison was marked by harsh conditions. The key features of early prisons included:

• Lack of Separation: Prisoners of all types—first-time offenders, hardened criminals, women, and children—were often kept together. This led to dangerous interactions where first-time offenders could be corrupted by experienced criminals.
• Unpaid Prison Warders: Prison warders were typically unpaid and often resorted to taking bribes from prisoners. This created an environment where corruption was rife, and prisoners could gain privileges such as extra food, alcohol, or even visits, depending on their ability to pay off warders.
• Conditions for Wealthy vs. Poor Prisoners: There was a stark contrast in conditions for wealthy and poorer prisoners. Wealthier individuals could afford to have their own cells, where they lived in comfort, enjoying things like better food and alcohol. Poorer prisoners, however, often lived in overcrowded, damp, and dirty conditions. They had to rely on charitable donations or the kindness of others to meet their basic needs.
• Health and Hygiene Issues: The conditions in early prisons were extremely unhealthy. Prisons were often damp and poorly ventilated, causing the spread of diseases like tuberculosis. The lack of proper medical care meant that prisoners had to pay to see a doctor, further exacerbating the divide between wealthy and poor prisoners.

The 1823 Gaols Act

The push for reform grew stronger during the 19th century as the idea of rehabilitation began to influence attitudes toward punishment. The Gaols Act of 1823, passed under Home Secretary Sir Robert Peel, was one of the first significant reforms aimed at improving the conditions in prisons and addressing the issues faced by prisoners.

The Gaols Act had several important provisions:

• Improved Prison Conditions: The Act aimed to improve the physical conditions within prisons. It mandated that prisons must be cleaner, better organised, and less overcrowded. It also called for prisoners to be provided with basic healthcare and ensured that the prison environment was healthier.
• Prison Discipline: The Act called for better discipline within the prisons, including regular inspection and oversight of prison conditions. It helped to standardise the rules of how prisons should be run, though it was still very much a work in progress.
• Increasing Government Involvement: The passing of the Gaols Act signalled a growing role for the government in the management of prisons and the reform of the penal system. This was part of a broader shift in which the state took on more responsibility for criminal justice.

However, the Gaols Act of 1823 had its limitations. Its provisions applied only to the largest and most prominent prisons—about 130 in total. Smaller prisons, which made up a large portion of the penal system, were often left out of the reform, and the Act was largely ignored in these smaller institutions. Furthermore, although conditions improved in many prisons, the overall system remained underfunded and the reforms were not always rigorously enforced.

Further Prison Reforms

The 1823 Act was an important first step in the reform of Britain's prison system, but it was just the beginning. Over the following decades, further reforms were implemented to make prisons more focused on rehabilitation and to try to prevent the development of hardened criminals. These reforms included:

1. The Role of Prison Chaplains: Prison chaplains were introduced to encourage prisoners to reflect on their actions and provide spiritual guidance. The aim was to help prisoners reform through reflection and moral instruction.
2. Separation of Prisoners: New developments such as the separate system, which advocated for the isolation of prisoners to prevent corruption, were tested. This was designed to stop prisoners from influencing each other, and instead encourage individual reflection and repentance.
3. Work in Prisons: The idea of prison labour was introduced, where prisoners would work during their incarceration. This was seen as a way to keep prisoners productive, discourage idleness, and potentially help reform them through work.

Impact of Penal Reform

The penal reforms of the early 19th century were an important turning point in the development of Britain’s criminal justice system. While early prisons were primarily places of detention and punishment, the 19th century saw the emergence of prisons as places aimed at reforming criminals and preparing them for reintegration into society.

The Gaols Act of 1823 represented an important step in this reform process, although its impact was limited to the larger prisons. Over time, however, a growing belief in the potential for reform through imprisonment would drive further changes, and by the end of the century, the idea of rehabilitation was firmly entrenched in the British penal system.

Conclusion

The period from c.1700 to c.1900 saw a dramatic transformation in the use of prisons in Britain. From being used primarily as holding pens for those awaiting trial or punishment, prisons became institutions focused on reform and rehabilitation. This shift reflected broader societal changes in attitudes towards crime and punishment, as the emphasis gradually moved away from simple deterrence and towards the idea that criminals could be reformed. Despite the challenges and limitations of early reforms, the Gaols Act of 1823 and subsequent developments laid the groundwork for the modern prison system.