The criminal law
One topic which touched most citizens was the criminal law. In 1811 there had been a brutal multiple murder in the east end of London, which brought about a debate about policing. Until then the law had been enforced, with varying degrees of efficiency, by unpaid constables and watchmen appointed by each parish. London began to be seen as the haunt of violent, unpunished criminals, which was bad for trade.
Crimes were reported in lurid detail in the popular press. The Illustrated Police News, for example, was a penny weekly tabloid which dealt with crime, disaster and society scandal. It regaled readers with detailed illustrated accounts of the Jack the Ripper's crime scenes and the failure of police to catch the killer. The story featured on 184 of its covers in the four years after the last murder.
The Metropolitan Police
At last, in 1829, the Metropolitan Police force was established, with their headquarters in Scotland Yard, just off Whitehall,. Their uniform made them look more like park‐keepers than soldiers - they walked their beats in top hats and blue swallow‐tailed coats, armed only with truncheons. It took several years for them to be popularly accepted; some people looked back with regret to the old days of corruption and inefficiency. But even the City of London agreed, after initial resistance, to remodel its own police force on New Police lines.
The Metropolitan Police Act of 1839 gave them wide powers. Small boys could be arrested for bowling hoops or knocking on doors, street musicians could be arrested just for playing. But London became a safer and quieter place. In 1869 their powers were extended to allow them to raid brothels and similar dens of vice.
In 1851 opponents of the Great Exhibition gloomily foretold that it would attract criminals, assassins and revolutionaries from all over Europe. In the event, the law enforcement officers greatly outnumbered the criminals. Only twelve pickpockets were arrested, foreign visitors were astounded to see the Queen walking calmly through the crowds without a military escort, and several of the foreign detectives who had crossed the Channel to watch for suspected foreign criminals went to watch for them on English race courses, instead.
By 1860 boroughs and counties outside London had their own police forces. They were still locally organised, because of the in‐built English resistance to the idea of a central force such as existed on the Continent, but they were partly funded by grants from the central government.
Few trials lasted longer than two days. Public interest, stirred up by the popular newspapers, could be intense. Tickets were issued to those who knew the right people, such as diplomats and fashionable ladies, but even so the court room could be so crowded that the ticket‐holders had to share the dock with the accused.
What could you expect after arrest? – a very gloomy future.
In the previous century Jeremy Bentham had dreamt up a novel idea for an innovative prison design: a ‘Panopticon’, built in a star shape with radiating wings, so that daylight and fresh air reached every cell and, more importantly, the warders could oversee every wing from a central core. They were certainly an improvement on the old medieval prisons. Bentham’s first creation, Millbank, had been built in 1821. Pentonville prison was built on the edge of the built‐up area of north London, on a semi‐circular radial plan, in 1842.
Every prisoner had a cell to himself, with adequate washing facilities, which present‐day inmates of overcrowded prisons might envy. But they would not envy the prison regime, known as the ‘separate system’. It involved depriving a prisoner of all human contact; shutting him up in his cell except for brief exercise periods, masking his face, and forbidding him to speak. This compulsory silence, it was believed, would enable the prisoner to think over his past failings, thus bringing moral improvement. There were many suicides.
When death was no longer the inevitable sentence for minor crimes, what was to be done with the prisoners? The colonies came in useful here. The main receiving territory was Australia: an average of 460 convicts were sent there each year, but some were sent to Gibraltar, or fever‐ridden Bermuda. In 1853 the colonies refused to accept England's convicts any longer, and sentences were converted to hard labour in English prisons instead.
There was a shortage of prison accommodation. Long term prisoners were transferred to provincial prisons, or to the dreaded Hulks – decommissioned warships anchored in the mud off Woolwich. They were dark, damp and verminous. Few prisoners managed to escape.
Executions were still public. Thomas Cook ran excursion trains to promising executions. Thirty thousand people watched the hanging of a notorious pair of murderers, in 1849, including Charles Dickens, who watched from a house overlooking the gallows. He then famously sent a letter to the Times, condemning public executions and their use as popular entertainment. It took another twenty years before hangings would be conducted within prison walls.
When a woman married, all that she owned, and anything she earned after the marriage, became the property of her husband. Divorce could be obtained only by a private Act of Parliament, at great expense. The situation eased slightly after the Matrimonial Causes Act 1857, which set up matrimonial courts.
A husband could divorce his wife on the ground of a single act of adultery, whereas she had to prove him guilty of other offences such as cruelty, as well as adultery, and she was very unlikely to be granted custody of their children. The court proceedings were widely and pruriently reported in the popular press. The status of married women gradually improved; from 1870 a woman could keep £200 of her own earnings – just enough to live on, with care – and from 1884 she had the same rights over property as an unmarried woman, and could carry on a trade or business independently. Her rights to custody of her children improved, too, but it was not until 1923 that adultery by her husband was sufficient ground for a wife to seek divorce.