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History · Crime, punishment and law enforcement in recent times

Prisons and Reforms

How punishment in the twentieth century turned towards reform - probation, borstals, open prisons, community sentences and restorative justice.

  • c1900-present
  • 7 key terms
  • All boards

Teacher resources

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Student handouts

The same files the students see, to print or hand out.

Learning Objectives

  1. 1Describe how prisons and punishment changed after 1900.
  2. 2Explain the changes in how young offenders were treated.
  3. 3Evaluate alternatives to prison, such as community sentences and restorative justice.

Setting the Scene

By 1900 prison was the main punishment for serious crime. Over the twentieth century the aim of punishment shifted further towards rehabilitation - helping offenders change so they would not reoffend - and towards keeping young people and first-time offenders out of prison altogether.

  1. 1907 The Probation of Offenders Act lets offenders serve their sentence in the community.
  2. 1908 The Children Act sets up juvenile courts; the first borstals open for young offenders.
  3. 1936 New Hall, the first open prison, opens.
  4. 1948 The Criminal Justice Act abolishes hard labour, penal servitude and flogging.
  5. 1972 Community service orders are introduced.
  6. 1982 Borstals are replaced by youth custody centres.

Changes in Prison

Prisons became less harsh, and focused more on changing offenders.

  • Harsh methods end

    The Criminal Justice Act of 1948 abolished hard labour, penal servitude and flogging.

  • Education and work

    Prisoners were given the chance to learn skills and gain qualifications.

  • Open prisons

    From 1936 low-risk prisoners could serve time in open prisons with few locks, preparing them for release.

  • Numbers

    Despite reforms, the prison population has grown, to over 80,000 in recent years.

Young Offenders

Young people came to be treated differently from adults.

  • Juvenile courts

    The Children Act of 1908 created separate courts for under-16s.

  • Borstals

    From 1908, borstals held young offenders aged 16-21, with strict discipline, education and training.

  • Replacement

    Borstals were replaced by youth custody centres in 1982, and later by young offender institutions.

  • Aim

    To stop young people becoming hardened criminals by keeping them apart from adult prisoners.

Alternatives to Prison

Punishments that keep offenders in the community.

  • Probation

    From 1907 offenders could be supervised by a probation officer instead of going to prison.

  • Community service

    From 1972 offenders could be ordered to do unpaid work in the community.

  • Electronic tagging

    Offenders wear a tag that tracks where they are, allowing a curfew at home.

  • Restorative justice

    Offenders meet their victims, hear the harm they caused and try to make amends.

Does Prison Work?

Arguments for prison

  • Protects the public from dangerous criminals.
  • Punishes offenders - retribution.
  • Deters others from committing crime.

Arguments against prison

  • High rates of reoffending after release.
  • Expensive to run.
  • Can make offenders more criminal.
  • Community sentences can be cheaper and more effective.

Summary & Exam Focus

  • Punishment moved towards rehabilitation after 1900.
  • Young offenders were treated separately, in juvenile courts and borstals.
  • Hard labour and flogging were abolished in 1948.
  • Alternatives such as probation, community service and restorative justice keep offenders out of prison.

Exam focus

Explain why there were changes in the treatment of young offenders in the period c1900-present. (12 marks) (12 marks)

Explain the reasons for change - the idea of rehabilitation, protecting young people from hardened criminals - and support each with specific examples.

Key terms

The vocabulary this lesson expects you to use. Each one is linked from the first place it appears above.

Rehabilitation
Helping an offender change so they do not reoffend.
Probation
Supervision of an offender in the community instead of prison.
Borstal
An institution for young offenders, 1908-1982.
Open prison
A prison with few locks for low-risk prisoners.
Community service
Unpaid work in the community as a punishment.
Restorative justice
Offenders meet victims to understand the harm and make amends.
Electronic tagging
A device worn by offenders to track their location.

Questions and answers

9 questions set on this lesson, with the mark schemes and model answers open.

1. Exam question Explain one way 4 marks Foundation

Explain one way in which the treatment of young offenders in the early twentieth century was similar to the treatment of young offenders in the late twentieth century.

Mark scheme — 4 marks available

  • A valid similarity identified — 1-2 marks
  • Supported with specific knowledge of both periods — 3-4 marks

Model answer

In both periods young offenders were kept apart from adult prisoners so that they would not learn from hardened criminals. In the early twentieth century the Children Act of 1908 created separate juvenile courts, and borstals held offenders aged 16-21 with education and training. In the late twentieth century borstals were replaced in 1982 by youth custody centres, which still kept young people separate and aimed to rehabilitate them.

2. Exam question Explain why 12 marks Stretch

Explain why there were changes in the treatment of young offenders in the period c1900-present. You may use the following in your answer: borstals; the Children Act (1908). You must also use information of your own.

Mark scheme — 12 marks available

  • Level 1 (1-3) — A simple or general answer
  • Level 2 (4-6) — Some explanation of one or more reasons, with some knowledge
  • Level 3 (7-9) — A developed explanation linked to the question, with accurate knowledge
  • Level 4 (10-12) — An analytical explanation of several reasons, with knowledge that goes beyond the stimulus points

Model answer

One reason was the belief that young offenders could be reformed. Reformers argued that young people were not yet hardened criminals and could be taught to lead honest lives. Borstals, set up nationally by the Prevention of Crime Act of 1908, used discipline, education and training in trades such as carpentry and farming to rehabilitate offenders aged 16-21. A second reason was the need to protect young people from adult criminals. Putting young offenders in adult prisons meant they learned from experienced criminals. The Children Act of 1908 created juvenile courts for under-16s, so young people were dealt with separately from the start. A third reason, beyond the stimulus, was changing ideas about which methods worked best. Borstals were criticised for high reoffending and harshness, and in 1982 they were replaced by youth custody centres and later by young offender institutions. Community-based punishments such as community service from 1972 and restorative justice were increasingly used to keep young people out of custody altogether.

3. Exam question How far do you agree? 16 marks Stretch

"The main aim of punishment in the period c1900-present has been to rehabilitate offenders." How far do you agree? Explain your answer. You may use the following in your answer: open prisons; the prison population. You must also use information of your own. (16 marks, plus 4 for spelling, punctuation, grammar and specialist terminology)

Mark scheme — 16 marks available

  • Level 1 (1-4) — A simple or generalised answer
  • Level 2 (5-8) — Some analysis, with a judgement that is asserted
  • Level 3 (9-12) — Analysis of both sides with accurate knowledge and a supported judgement
  • Level 4 (13-16) — Sustained analysis, knowledge beyond the stimulus, and a clear, justified judgement
  • SPaG (4) — Accurate spelling, punctuation and grammar, with specialist terms such as rehabilitation and retribution

Model answer

On the one hand, rehabilitation has been a major aim. Probation from 1907 allowed offenders to be supervised in the community, and borstals from 1908 used education and training to reform young offenders. Open prisons from 1936 prepared low-risk prisoners for life after release. The Criminal Justice Act of 1948 abolished hard labour and flogging, and prisons offered education and training. Community service from 1972 and restorative justice both aim to change offenders' behaviour. On the other hand, other aims have remained important. Prison still exists to protect the public from dangerous criminals and to punish offenders - retribution - and deterrence remains a common argument for tough sentences. The prison population has grown to over 80,000 in recent years, which suggests that punishment and public protection, not only rehabilitation, still drive sentencing. Many politicians and members of the public have called for tougher sentences rather than reform. Overall, rehabilitation has been the most distinctive new aim of the period and has shaped many reforms, but it has not replaced punishment and protection. The best judgement is that punishment in this period has tried to balance several aims, with rehabilitation more important than in any earlier period but not the only aim.

4. Multiple choice 1 mark Core

What were borstals?

  1. A Prisons for women
  2. B Institutions for young offenders Correct
  3. C Open prisons for low-risk adults
  4. D Police stations

Why: Institutions for young offenders aged 16-21, using discipline, education and training, from 1908 to 1982.

5. Multiple choice 1 mark Core

What did the Criminal Justice Act of 1948 abolish?

  1. A Hard labour and flogging Correct
  2. B The death penalty
  3. C Borstals
  4. D Probation

Why: It abolished hard labour, penal servitude and flogging.

6. Multiple choice 1 mark Core

What is restorative justice?

  1. A A longer prison sentence
  2. B Electronic tagging
  3. C Unpaid work in the community
  4. D Offenders meeting victims to make amends Correct

Why: Offenders meet their victims, hear about the harm caused and try to make amends.

7. Multiple choice 1 mark Core

When were community service orders introduced?

  1. A 1907
  2. B 1948
  3. C 1972 Correct
  4. D 1998

Why: Community service orders were introduced in 1972, requiring unpaid work in the community.

8. Multiple choice 1 mark Foundation

What is an open prison?

  1. A A prison with no walls for dangerous criminals
  2. B A prison with few locks for low-risk prisoners Correct
  3. C A prison for young offenders
  4. D A prison that is open to visitors every day

Why: A prison with few locks for low-risk prisoners, the first opening in 1936.

9. Multiple choice 1 mark Stretch

What is the main aim of rehabilitation?

  1. A To stop offenders reoffending Correct
  2. B To make offenders suffer
  3. C To keep prisons full
  4. D To deter other people through fear

Why: To help offenders change their behaviour so they do not reoffend.