What you'll learn
This revision guide covers the evolution of crime and punishment in Wales and England from the Anglo-Saxon period (c.500) to the present day. You'll explore how definitions of crime, methods of law enforcement, and forms of punishment have changed in response to social, economic, political and religious factors. This topic is essential for understanding continuity and change over time in the WJEC GCSE History specification.
Key terms and definitions
Capital punishment — the death penalty, used historically for serious crimes including murder, treason and theft; abolished in Britain in 1965
Tithing — Anglo-Saxon system where groups of ten men were responsible for each other's behaviour and bringing offenders to justice
Benefit of clergy — medieval privilege allowing clergy (and later, anyone who could read) to be tried in more lenient church courts rather than royal courts
Transportation — punishment introduced in the 17th century involving sending criminals to overseas colonies (initially America, later Australia from 1788-1868)
Bloody Code — the severe system of laws in the 18th and early 19th centuries where over 200 crimes carried the death penalty
Prison reform — movement in the 19th century to improve conditions in prisons and focus on rehabilitation rather than purely punishment
Metropolitan Police — first professional police force established in London in 1829 by Home Secretary Robert Peel
Conscientious objector — person who refuses military service on moral or religious grounds; became a crime during World War One
Core concepts
Anglo-Saxon and medieval period (c.500-1500)
Crime in this period
The Anglo-Saxon and medieval periods saw crime divided into crimes against the person (murder, assault, rape), crimes against property (theft, arson, poaching) and crimes against authority (treason, rebellion). The concept of social crime emerged — acts considered criminal by authorities but not always by communities, such as poaching deer from royal forests.
Law enforcement
Anglo-Saxon England relied on community-based policing through the tithing system. Each tithing was part of a hundred, overseen by a hundredman, which formed part of a shire controlled by a shire reeve (later "sheriff"). This system placed responsibility on communities rather than a centralized state.
After the Norman Conquest (1066), new elements were introduced:
- Hue and cry — villagers had to chase suspected criminals when the alarm was raised
- Trial by ordeal — suspects underwent painful tests (hot iron, cold water) to prove innocence, abolished in 1215
- Trial by combat — Norman introduction where disputes were settled by fighting
- Church courts handled clergy cases through benefit of clergy
Punishment methods
Punishments were public and designed to deter others:
- Capital punishment for serious crimes (hanging, beheading for nobles, burning for heresy and treason by women)
- Corporal punishment including mutilation, stocks, pillory and whipping
- Fines (wergild in Anglo-Saxon times — compensation paid to victims' families)
- Sanctuary in churches offered 40 days' protection
The Forest Laws introduced by William I made poaching royal deer a serious crime, demonstrating how those in power defined crime to protect their interests.
Early modern period (c.1500-1750)
New crimes and changing definitions
This period saw the emergence of new crimes reflecting religious and political tensions:
- Heresy became particularly important during the Reformation; Protestants were burned under Catholic Mary I, Catholics persecuted under Protestant Elizabeth I
- Treason was extended to include refusing the Oath of Supremacy
- Vagabondage — unemployment and homelessness became criminal offences through the Vagabonds Act 1547 and later Poor Laws
- Witchcraft became a capital offence (1542-1736), with around 500 executions in England
Gunpowder Plot (1605) increased fears about Catholic treason, leading to harsher treatment of recusants (Catholics who refused to attend Protestant services).
Law enforcement developments
The medieval system continued but with modifications:
- Town constables and night watchmen in urban areas (unpaid, part-time, often ineffective)
- JPs (Justices of the Peace) given increased powers from the 14th century onwards
- Introduction of thief-takers in the late 17th century — private individuals paid rewards for catching criminals (often corrupt)
- Highway robbery became common on dangerous roads
Punishment changes
- Transportation introduced as an alternative to execution, initially to America (1615-1776), later Australia (1788-1868)
- Bloody Code emerged in the 18th century as Parliament created over 200 capital offences to protect property
- Public executions at Tyburn (London) attracted huge crowds
- Houses of correction and bridewells established for minor offenders
- Benefit of clergy increasingly restricted and finally abolished in 1827
Industrial period (c.1750-1900)
Changing nature of crime
Industrialization and urbanization created new criminal opportunities and concerns:
- Highway robbery declined with better roads and increased traffic
- Urban crime increased in rapidly growing industrial cities
- Poaching remained common as a social crime
- Smuggling widespread due to high taxes on goods like tea and spirits
- New crimes relating to industrial technology (railway theft, factory regulations)
Policing revolution
The old system proved inadequate for industrial cities:
- Metropolitan Police established 1829 by Robert Peel; officers nicknamed "Bobbies" or "Peelers"
- Principles: crime prevention, public cooperation, use of minimum force, professional full-time officers
- Initially unpopular (seen as government spies), gradually gained acceptance
- County and Borough Police Act 1856 made police forces compulsory across England and Wales
- Detective departments established from 1842
Punishment reform
The 19th century saw major shifts toward more humane punishment:
- Prison reform movement led by John Howard, Elizabeth Fry and others
- Separate system (Pentonville, 1842) — prisoners isolated in cells to reflect on crimes
- Silent system — prisoners together but forbidden from speaking
- Public execution ended 1868; capital punishment restricted to murder
- Transportation to Australia ended 1868 as colonies objected
- Bloody Code gradually repealed; death penalty reduced to just murder and treason by 1861
- Prisons became the main punishment, with emphasis on hard labor, hard fare and hard board
Modern period (c.1900-present)
20th century crimes
New crimes reflected modern society:
- Conscientious objection during World Wars (around 16,000 objectors in WWI)
- Motoring offences (speeding, drunk driving)
- Computer crime and identity theft
- Terrorism legislation expanded, especially after 2001
- Hate crimes based on race, religion, sexual orientation
- Drug offences (Misuse of Drugs Act 1971)
- Domestic violence increasingly prosecuted
Race riots in Notting Hill (1958) and concerns about immigration led to Race Relations Acts (1965, 1968, 1976) making discrimination illegal.
Modern policing
Policing evolved with technology and social change:
- Fingerprinting adopted 1901
- DNA profiling from 1986
- National DNA database established
- Police and Criminal Evidence Act 1984 (PACE) regulated police powers and suspects' rights
- Specialist units (fraud, terrorism, cybercrime)
- Community policing initiatives
- Body cameras and technological surveillance
- Independent Police Complaints Commission (now IOPC) for accountability
Punishment in modern Britain
The 20th century saw fundamental changes:
- Capital punishment suspended 1965, permanently abolished 1969 (last execution 1964)
- Young offender institutions replaced adult prisons for juveniles
- Community sentences (probation, community service orders, curfews, electronic tagging)
- Open prisons for low-risk offenders
- Emphasis on rehabilitation and reducing reoffending
- Restorative justice programs
- Prison overcrowding remains a persistent problem
- Debate continues over prison effectiveness versus rehabilitation programs
Key factors driving change
Social factors
- Population growth and urbanization created new challenges
- Changing attitudes toward cruelty and human rights
- Public opinion influenced reforms (e.g., opposition to child executions)
- Media coverage shaped perceptions of crime
Economic factors
- Poverty drove property crime in all periods
- Cost of punishment systems (transportation cheaper than prisons initially)
- Protection of property by wealthy lawmakers (Forest Laws, Bloody Code)
Political factors
- Government strength affected law enforcement (weak medieval kings, strong Tudor monarchs)
- Extension of voting rights gave working classes political voice for reform
- Party politics influenced criminal justice policy
Religious factors
- Church courts and sanctuary in medieval period
- Heresy laws during Reformation
- Quakers and other religious groups campaigned for prison reform
- Decline of religious influence reduced crimes like heresy and witchcraft
Technological factors
- Printing spread information about crimes and punishments
- Railways enabled national police coordination
- Scientific advances (fingerprints, DNA) revolutionized detection
- CCTV and digital technology in modern policing
Worked examples
Example 1: Describe two features of law enforcement in Anglo-Saxon England. [4 marks]
Model answer:
One feature of Anglo-Saxon law enforcement was the tithing system. This meant that all men over 12 were placed in groups of ten who were responsible for each other's behavior and had to bring any member who committed a crime to justice.
Another feature was the role of the shire reeve (sheriff). The shire reeve was responsible for maintaining law and order across the shire, catching criminals and bringing them before the courts.
Examiner note: Each feature gains 1 mark for identification and 1 mark for supporting detail. Ensure you provide specific information, not vague statements.
Example 2: Explain why there were changes in punishment between 1700 and 1900. [8 marks]
Model answer:
One reason for changes in punishment was growing criticism of the Bloody Code and public executions. Reformers argued that having over 200 capital offences was too harsh, particularly for minor theft, and juries often refused to convict because they didn't want people hanged for small crimes. This led to gradual reduction of capital offences, with only murder and treason carrying the death penalty by 1861. Public executions ended in 1868 because they had become entertainment rather than deterrents, with huge drunken crowds at Tyburn.
Another reason was the influence of prison reformers like John Howard and Elizabeth Fry. Howard's book "The State of Prisons" (1777) exposed terrible conditions including disease, corruption and lack of separation between serious and minor criminals. Fry worked specifically on improving conditions for women prisoners at Newgate. Their campaigns led to new prisons like Pentonville (1842) based on the separate system, where prisoners were isolated to reflect on their crimes and reform.
A third reason was the end of transportation to Australia in 1868. Transportation had been a popular alternative to execution for serious crimes, sending around 160,000 convicts to Australia between 1788-1868. When Australia refused to accept more convicts, Britain needed alternative punishments, which increased reliance on prisons and strengthened the reform movement.
Examiner note: For 8-mark "explain why" questions, provide 2-3 developed reasons with specific factual support. Show the link between your reason and the outcome. This answer demonstrates causation, specific knowledge and analytical focus.
Example 3: How far do you agree that technology was the main factor in improving the detection of crime in the 20th century? [12-16 marks, extended response]
Model answer structure:
Introduction: State your argument (e.g., "Technology was very important but worked alongside improved organization and training.")
Paragraph 1 — Technology (agreeing):
- Fingerprinting from 1901 revolutionized identification
- DNA profiling from 1986 solved cold cases
- CCTV widespread in cities from 1980s
- Computer databases enabled information sharing
- Forensic science advances
Paragraph 2 — Better organization (disagreeing):
- Specialist units for fraud, terrorism, cybercrime
- National coordination between forces
- Police and Criminal Evidence Act 1984 standardized procedures
- Intelligence-led policing strategies
- International cooperation (Interpol, Europol)
Paragraph 3 — Training and professionalism:
- Detective training colleges
- Professional standards
- Specialist skills development
- Understanding of psychology and criminal behavior
Conclusion: Balanced judgment weighing factors. Technology was crucial but only effective when combined with professional organization and trained officers who could use it properly. Without technological advances, many modern crimes would be unsolvable, making it the most important factor, but not the only one.
Examiner note: For extended essays, demonstrate sustained analysis, deploy specific evidence, and reach a supported judgment. Consider multiple factors but make your position clear.
Common mistakes and how to avoid them
Lack of chronological awareness: Don't confuse periods (e.g., stating the Metropolitan Police existed in medieval times). Learn the approximate dates for each period and which developments belong where.
Vague descriptions without specific examples: Avoid statements like "punishment was harsh." Instead, specify "criminals could face capital punishment for over 200 offences under the Bloody Code including sheep stealing."
Ignoring Wales: The specification covers Wales and England. While many developments were similar, reference Welsh contexts where appropriate (e.g., Rebecca Riots as social crime, Welsh language contexts for policing).
Confusing cause and consequence: When asked "why" questions, explain reasons for change, not just what changed. Link factors to outcomes clearly.
Writing everything you know: Target the question. If asked about punishment, don't spend paragraphs discussing law enforcement unless directly relevant.
Ignoring command words: "Describe" requires factual detail; "Explain" needs reasons and causation; "How far/to what extent" demands evaluation and judgment.
Exam technique for Changes in Crime and Punishment in Wales and England, c.500 to the Present Day
Master command words: "Describe" = detailed factual account (who/what/when/where); "Explain why" = causes and reasons (because/this led to/as a result); "How far do you agree" = balanced argument with judgment (however/although/on the other hand).
Use the mark scheme strategically: 4-mark questions need two features with supporting detail (2x2 marks). 8-mark questions need 2-3 explained reasons. Extended 12-16 mark essays need sustained analysis across multiple paragraphs with a clear argument and conclusion.
Deploy specific factual knowledge: Examiners reward precise dates, names, acts of Parliament, statistics and examples. Learn key reformers (Howard, Fry, Peel), legislation (Metropolitan Police Act 1829, PACE 1984) and turning points.
Structure extended answers clearly: Introduction stating your argument, 3-4 paragraphs each developing one analytical point with evidence, conclusion with judgment. Link paragraphs with connectives showing how your argument develops.
Quick revision summary
Crime and punishment evolved significantly from c.500 to present. Anglo-Saxon and medieval periods relied on community policing (tithings) and harsh physical punishments. Early modern period saw the Bloody Code and transportation emerge. The 19th century brought the policing revolution (Metropolitan Police 1829) and prison reform movement. Modern period abolished capital punishment (1965), developed technological detection methods (DNA, CCTV), and emphasized rehabilitation. Changes resulted from social attitudes, economic factors, political developments, religious influence and technological advances working together across 1500 years.