Exploring change and continuity - OCR BEnforcing law and order

Since c.1250, Britain has experienced significant changes in crime and punishment. Developments in the types of crime committed, in law enforcement, and in how crimes are punished have occurred. Common themes can be compared across time periods and reasons for change or continuity can be examined.

Part ofHistoryCrime and punishment, c.1250 to the present day

Enforcing law and order

This case study compares how people in Britain attempted to enforce law and order during the early modern and industrial periods.

Early modern Britain

The hue and cry

Citizens were expected to respond to the if a crime was committed, to try to catch the culprit. The hue and cry was led by the constable and the local could be called upon to help in the search.

Constables

There were usually two constables for each town or village. They were normally wealthier and well-respected men. They served for a year at a time. Their duties included dealing with small crimes, such as begging, and inflicting some punishments, such as whipping also known as vagabonds.

Justices of the Peace

ran the They were also responsible for things like granting licences for alehouses and regulating sports.

Watchmen

Watchman' wearing a hat and long coat, carrying a lantern and spear
Figure caption,
Watchmen patrolled the town streets at night, looking out for criminal activity

Larger towns employed watchmen to patrol the streets at night and during the day. Their job was to arrest drunkards, vagrants and other criminals. They weren’t very effective as they were poorly paid, often elderly and generally not very committed.

Thief-takers

Thief-takers were private individuals who made a living from tracking down wanted criminals in order to collect the reward on offer. However, they were often quite corrupt, extorting money from the criminals they were supposed to catch. They were even known to set up innocent people by luring them into crime purely to collect the reward later on.

The courts

There were several types of court at this time:

  • Royal judges ran assize courts in each town twice a year to deal with serious crime.
  • JPs ran quarter sessions and, in the 17th century, petty sessions. They tried less serious crimes.
  • Church courts tried to maintain high standards of Christian behaviour.

Industrial Britain

The Bow Street Runners

In the 1750s a group of part-time constables patrolled the streets of London each evening until midnight. They were organised by John and Henry Fielding, brothers and magistrates at Bow Street Court. They were paid using magistrates’ funds and became known as the Bow Street Runners. By 1800 there were 68 of them.

The Metropolitan Police Force

In 1822, Sir Robert Peel became the He helped soften attitudes towards government involvement in crime prevention, and set up the Metropolitan Police Force in 1829. Initially, there were 3,200 men operating in a seven-mile radius in central London. They were paid for by government taxation. They wore top hats and blue uniforms to distinguish them from the army’s red coats. They were unarmed apart from a

After 1829, the government introduced a series of laws to try to encourage the establishment of local police forces across the country.

The police force contributed to the steady fall in crime after 1850. The police arrested petty thieves, sorted out traffic problems and removed drunkards from the streets. The Metropolitan Police Force set up a detective branch in 1842 and set up the Criminal Investigation Department (CID) in 1878. By 1900, the CID was using technologies such as photography and fingerprinting.

The courts

There were several types of court at this time:

  • The system of holding local assizes in the main towns of each county remained the same. Assize court judges continued to deal with serious offenders, such as murderers, burglars and highwaymen. Verdicts were returned by locally picked consisting of 12 people.
  • JPs continued to hold quarter sessions four times a year and petty sessions more regularly. They were still unpaid, local representatives. They became known as magistrates.
  • and Church courts were no longer used.

Summary of changes and continuities

Question

How far do you agree that methods of law enforcement were the same in the early modern and industrial periods?

Look at the 12 statements listed below.

  1. Place statements that apply only to the early modern period in the left circle.
  2. Place statements that apply only to the industrial period in the right circle.
  3. Place statements that could apply to either period in the middle.
Two overlapping circles. The left hand circle is entitled Law enforcement c.1500-c.1750. The right hand circle is entitled Law enforcement c.1750-c.1900
1. There were unpaid law enforcers2. Ordinary citizens were expected to respond to the hue and cry 3. There was a national police force paid for by government taxation
4. Assize courts heard the most serious crimes5. The Bow Street Runners were part-time, private constables6. There was a Criminal Investigation Department (CID)
7. Justices of the Peace held quarter and petty sessions8. Manorial courts were in operation9. Private individuals made a living from tracking down criminals as thief takers or part-time constables
10. Law enforcement was effective and contributed to a fall in crime11. Constables were all unpaid and inflicted punishments such as whipping vagrants12. Church courts tried to maintain high standards of Christian behaviour
1. There were unpaid law enforcers
2. Ordinary citizens were expected to respond to the hue and cry
3. There was a national police force paid for by government taxation
4. Assize courts heard the most serious crimes
5. The Bow Street Runners were part-time, private constables
6. There was a Criminal Investigation Department (CID)
7. Justices of the Peace held quarter and petty sessions
8. Manorial courts were in operation
9. Private individuals made a living from tracking down criminals as thief takers or part-time constables
10. Law enforcement was effective and contributed to a fall in crime
11. Constables were all unpaid and inflicted punishments such as whipping vagrants
12. Church courts tried to maintain high standards of Christian behaviour

Extent of continuity

On the whole, there was more change because the introduction of a national police force paid for by taxation was revolutionary. However, this change did not take place until the 1850s. Additionally, in relation to the court system, there was a huge amount of continuity with the assizes, and Justices of the Peace operated much as they had done in the early modern period.