c1700-c1900: 18th & 19th century Britain

• There were a few brand new crimes against the person and property, but a great deal of change in the ways in which these crimes were committed, which led to changes in the law. Another change was in the crime rate, which rose dramatically due to a rise in crimes against property.
• Factors causing increased crime:

  The period 1700 to around 1850 saw an increase in crimes, such as street theft/burglary; drunk and disorderly behaviour; prostitution and public disorder. Reasons for this include -

  • People travelling more and moving into towns meant that communities were less tightly knit due to people not knowing each other.
  • Larger towns meant it was easier to escape being caught.
  • Criminals became 'professional' within dens or gangs of thieves.
  • A rise in 'survival' crimes (e.g. stealing food) due to extreme poverty.
• Changes in Highway Robbery (crime against the person):

  In the 18th century Highway Robbery increased due to -

  • More people travelled due to improved roads.
  • Increased trade between towns meant more goods/money were transported by road.
  • Roads were isolated, making it easy to get away with highway robbery.
• In 1772 it became a capital crime to be armed/in disguise on a high road, this was introduced to try and reduce highway robbery. Factors like mounted patrols on major roads and the growth of railways helped reduce instances of highway robbery, which disappeared completely in the 1830s.
• Changes in Poaching (crime against property):

  • Poaching increased in the 18th century, with poaching gangs that worked on a large scale.
  • The 1723 Waltham Black Act made poaching a capital crime and also made it illegal to carry snares/own hinting dogs in a poaching area.
  • Many viewed this law as unfair and in 1823 many poaching laws were repealed.
• Changes in Smuggling (crime against property):

  • Smuggling increased from 1740-1850 because the tax on imported goods was so high.
  • Smugglers made large profits by bringing these goods into the country without paying tax and selling them on. This led to large gangs of smugglers like the Hawkhurst Gang. Mounted customs officers found it hard to prosecute smugglers because of the large areas of coast to patrol. Smuggling decreased when taxes were cut in the 1840s.
• There were many changes to crimes against authority in this period. Some activities, such as witchcraft, ceased to be crimes. Charges of treason fell in this period also, but the government found other ways of dealing with those they viewed as a challenge to their authority.
• The number of prosecutions of witchcraft declined after the Civil War. All laws concerning witchcraft were appealed by the Witchcraft Act of 1736. These claims of witchcraft were subjected to fines or imprisonment.
• Why Witchcraft stopped being a crime:

  • Economic and social changes led to more prosperity/political stability.
  • People became less superstitious, however some still believed.
  • Increase in scientific experiments due to the Royal Society, set up by Charles II.
• A group of farm workers formed a 'friendly society' (trade union) to protest about their low wages compared to other farm workers - The Tolpuddle Martyrs.

  1834
• The six men (Tolpuddle Martyrs) were arrested for taking secret oath - farm owners and the government feared they were losing control of their workers.
• When found guilty, the Tolpuddle Martyrs were sentenced to seven years of transportation to Australia, this was to deter others from forming trade unions.
• There were mass protests and a petition of 200,000 signatures collected in opposition of the Tolpuddle Martyrs harsh punishment.
• The Home Secretary decided to continue their sentence and sent the six men to Australia (the Tolpuddle Martyrs).
• The Tolpuddle Martyrs were pardoned/returned home.

  1836
• Industrialisation and urbanisation were major factors that increased the crime rate after 1700 and created a need for better law enforcement. This meant that there was a development of more official forms of policing.
• Continuity/Change in Policing:

  • Watchmen continued to patrol cities at night on foot and parish constables dealt with petty crime.
  • Soldiers were used to put down riots and large protests across the country.
  • There were some changes in London as from 1749 the Bow Street Runners tracked down criminals and stolen property - from 1754 the Bow Street Horse Patrols, patrolled the streets.
• The Bow Street Runners


  1749 - Established in London by Henry Fielding (Chief Magistrate by Bow Street Court) to tackle the increased crime in 17th-century London. In 1754, Fielding's half-brother John took over.
• The Bow Street Runners


  They originally charged fees/collected rewards, but by 1785 they were paid by the government.
• The Bow Street Runners


  They introduced new methods of finding evidence to bring criminals to justice (the first modern detectives).
• The Bow Street Runners


  They patrolled major roads on foot and on horses (mounted patrols). Patrols were less successful that the detecting side as they were less of them to deal with the dramatically increasing crime rate.
• The Bow Street Runners


  They shared information on crimes and suspects with others - the beginning of a crime intelligence network.
• 1829 Metropolitan Police Act


  Began Britain's first professional police force in London.
• 1835 Municipal Corporations Act


  Borough councils could set up police forces in their area.
• 1839 Rural Constabulary Act


  Countries could set up polices forces.
• The detective department is set up at the Metropolitan Police Force head-quarters in 1842.
• 1856 Police Act


  Forced all towns and counties to set up a professional police force.
• A criminal investigations department (CID) is set up for the Metropolitan Police Forced in 1878.
• The 1856 Police Act


  Made professional police forces (based on the model of the Metropolitan Police) compulsory across the whole country.

  All forces were funded by the government and were regularly inspected by officials employed by the government.

  Police officers were expected to: keep law and order, prevent crime through patrolling the streets/arresting criminals after a crime had been committed.

  The aim of all activities was to deter crimes.
• This period saw a change in attitudes to the purpose of punishment. Transportation and public executions stopped and imprisonment as a punishment increased.
• Throughout the 18th century, the Bloody Code increased due to rapidly growing crime rates. The number of capital crimes in 1810 reached a peak of 222 in an attempt to deter crime. It was clear that these deterrents were not working and a new strategy was needed.
• Continuing the idea that punishment should be about retribution and deterrence the 19th century saw increasing feelings that:

  • Punishments should be equal to the crime committed.
  • Except for very serious crimes, corporal and capital punishments were seen as inhumane.
  • Punishment should also be about rehabilitating the offender.
• The use of the death penalty and The Bloody Code decreased and other forms of punishment increased (e.g. transportation and then imprisonment). This changed in attitude also helped lead to the ending of public executions in 1868.
• The increase in the crime rate increased transportation to Australia.
• Transportation ended by 1868 because:

  • Australia no longer needed forced labourers (the discovery of gold made it an attractive place to go) and it didn't want criminals.
  • Some felt it was too expensive and not a strong enough deterrent to crime, others felt it was too harsh for both the criminals and their families.
  • Prison was increasingly used instead of transportation as more prisons had been built.
• Prisons and Prison Reformers

  Conditions in 18th century prisons were very poor but they were increasingly used as a form of punishment. People thought prison conditions should be poor with hard labour, but several reformers believed prisons should be improved to increase the likelihood of rehabilitation.
• Prisons and Prison Reformers

  John Howard's work led to the 1774 Gaol Act, which suggested how health and sanitation in prisons should be improved.
• Prisons and Prison Reformers

  Elizabeth Fry began visiting women in Newgate Prison in 1813. She set up education classes to reform female prisoners. She also got them better food/clothes and treated prisoners with kindness and respect. Their work influences Peel's prison reforms.
• Pentonville Prison was built in 1842. It was a model for a new idea about how prisons should be run and how prisoners should be treated, it was know as the separate system.
• Reasons for the Separate System

  Rehabilitation - solitude was thought to be the best way to provide prisoners with an opportunity to reflect on their crimes, turn to religion and reform their ways, prisoners also couldn't be influences by others as the cells provided everything so they didn't have to leave (except for short periods of exercise).