Punishment since c.1900

This section explains many of the changes to punishment and prisons since the start of the 20^th Century. Since the turn of the 20th century, the nature of punishment in Britain has undergone significant transformation. While prisons have remained a central form of punishment, the focus has gradually shifted from purely punitive measures towards the rehabilitation and reform of offenders. The evolution of punishment reflects changing societal attitudes towards crime, punishment, and the potential for reform.

Changes to Prisons

From the early 20th century onwards, the emphasis of the prison system has moved away from simple deterrence and retribution to prioritising the rehabilitation of prisoners. This shift is driven by the belief that crime could be prevented through education, vocational training, and improved living conditions, rather than solely through harsh punishment. Several reforms have been introduced to support prisoners in leading crime-free lives once they are released back into society:

• Abolition of pointless hard labour: The use of futile tasks, such as the treadmill and crank, was abolished in 1902, which aimed to reduce the dehumanising nature of prison labour.
• Prisoner welfare improvements: In 1922, the requirement for prisoners to be kept in solitary confinement was removed, allowing prisoners to mix with others. This was part of an effort to improve the mental well-being and rehabilitation of prisoners.
• Better living conditions: Over time, conditions within prisons improved, with better diets, heating, and more adequate living spaces being introduced to make life inside prisons more humane.
• Educational initiatives: The employment of teachers in prisons began to provide prisoners with opportunities for education and skills training, giving them the tools to find stable employment upon release.
• Day release programmes: First introduced at Wakefield Prison in 1939, day release schemes allowed prisoners to leave prison during the day to work or attend educational courses. This was designed to prepare prisoners for reintegration into society.

These changes reflected a broader shift in societal attitudes: most people no longer viewed criminals as inherently bad individuals, but instead recognised that poverty, social deprivation, and lack of opportunity were significant factors contributing to crime. As a result, improving conditions for prisoners and offering them a chance to reform became the focus of the prison system.

Open Prisons

In 1933, open prisons were introduced as part of the effort to reform the penal system. In open prisons, the rules are less strict, and prisoners are permitted to leave the facility during the day to go to work. This arrangement aims to reintegrate prisoners gradually back into society, preparing them to lead a crime-free life upon release.

The philosophy behind open prisons is rooted in the belief that exposure to a more relaxed and rehabilitative environment, alongside opportunities for work and education, will help prevent reoffending. Today, open prisons remain an integral part of the prison system, offering an alternative to traditional, more restrictive institutions.

This shift towards rehabilitation and reform in prison sentencing reflects changes in societal attitudes. Increasingly, people began to understand that criminal behaviour was not solely a matter of moral failing but was often a product of social and economic factors, such as poverty. Therefore, reformative measures, such as education and skills training, became integral to the prison system.

Non-Custodial Alternatives to Prison

Prisons have been shown to be ineffective at reducing reoffending rates, and have often been criticised for failing to address the underlying causes of criminal behaviour, such as poverty, social inequality, and lack of education. The high rates of recidivism, the mixing of young and older offenders, the expense of running prisons, and the failure to tackle the root causes of crime have led governments to explore alternatives to custodial sentences.

Several non-custodial punishments were introduced during the 20th century:

• Probation (1907): This was introduced as a way for offenders to avoid prison by reporting to the police regularly and meeting with a probation officer. The aim was to provide offenders with supervision and support in the community.
• Fines: Fines have long been a common form of punishment, and since 1914, offenders have been given longer periods of time to pay. Fines remain one of the most widely used penalties.
• Parole (1967): This system allowed prisoners to be released early, provided they had demonstrated good behaviour. Parole aimed to offer a second chance to offenders who showed signs of rehabilitation.
• Rehabilitation programmes: Specific programmes for drug and alcohol addiction have been introduced, particularly for young offenders who require treatment and support to address underlying issues that contribute to their criminal behaviour.
• Suspended sentences (1967): This option allows offenders to avoid immediate imprisonment if they do not reoffend, offering a chance for rehabilitation without the consequences of a custodial sentence.
• Community service (1972): Offenders sentenced to community service are required to carry out unpaid work for the benefit of the community, such as cleaning streets or working in charitable organisations.
• Electronic tagging (1990s): Offenders can be monitored via a tag placed on their ankle, allowing authorities to track their movements and enforce curfews as part of their sentence.
• Restorative justice: This approach involves offenders meeting with the victims of their crime (or their families) to discuss the harm caused and the impact of their actions. The goal is to foster understanding, remorse, and personal accountability.
• Anti-social behaviour orders (ASBOs): ASBOs are court orders that restrict the movements and actions of individuals, particularly young offenders, who are engaged in persistent anti-social behaviour.

Specialised Treatment of Young Offenders

The treatment of young offenders has also evolved since the early 20th century. Initially, the punishment of young people was severe, but attitudes gradually shifted towards reforming rather than punishing youth. Early in the century, there was a growing belief that young people’s characters were not fixed, and thus their behaviour could be reformed more easily than that of adults.

• Borstals (1902): The first Borstal institutions were opened to separate young offenders from adult criminals. These institutions were intended to provide structure and discipline, with an emphasis on education, sport, and work. They were designed to reform young people by providing them with the skills and guidance necessary to lead productive lives.
• Extension of borstals (1908): The use of borstals was expanded throughout Britain, but they were abolished in 1982 due to their limited success in reducing recidivism.
• Attendance centres (1948): These non-custodial centres were introduced for young offenders aged 10 to 21 and focused on teaching life skills, such as literacy, numeracy, and money management, through lessons and workshops. They were later expanded to include offenders aged 18 to 24 and continue to operate today.
• Youth detention centres (1982): After the abolition of borstals, youth detention centres were introduced as an alternative. However, these institutions continued to struggle with high reoffending rates.
• Custodial sentences in young offenders' institutes: These institutions are used as a last resort for young offenders, after other interventions have failed. The goal is to rehabilitate and reform young offenders to prevent them from continuing a life of crime.

Today, the criminal justice system uses a variety of approaches to address youth crime, including non-custodial measures such as counselling, community service, curfews, and electronic tagging. These are used in conjunction with efforts to engage with families, schools, and social workers to prevent young people from falling into a cycle of criminal behaviour.

Conclusion

Since c.1900, the methods of punishing crime in Britain have undergone significant change. The focus has shifted from retribution and deterrence to rehabilitation, with the aim of reforming offenders and reducing the likelihood of reoffending. Alongside this, there has been a growing emphasis on non-custodial sentences and alternatives to prison, especially for young offenders. Despite ongoing challenges in reducing crime, these changes reflect a deeper understanding of the social and economic factors that contribute to criminal behaviour, and a greater belief in the possibility of rehabilitation.