Changing definitions of crime and new punishments, c1900 to present

Crime is whatever the law says it is, and the law keeps changing. In the 20th century some acts stopped being crimes, others became crimes, and punishment moved further away from prison and the gallows.

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What counts as a crime

Decriminalised: the Sexual Offences Act (1967) made private homosexual acts between men over 21 legal in England and Wales. The Abortion Act (1967) allowed abortion under certain conditions.
Newly criminalised or taken more seriously: racial discrimination (Race Relations Acts from 1965), drug offences (Misuse of Drugs Act, 1971) and domestic abuse: the Serious Crime Act (2015) made controlling or coercive behaviour in a relationship a crime.
These changes reflect changing attitudes in society.

Young offenders

The first borstal, a prison-like school for young offenders, opened at Borstal in Kent in 1902; the system spread after a law of 1908.
The Children Act (1908) set up separate juvenile courts.
The age of criminal responsibility in England and Wales was raised from 8 to 10 in 1963.
Borstals were abolished in 1982. Young offenders now go to Young Offender Institutions, and the focus is on education and rehabilitation.

Alternatives to prison and the end of hanging

Probation (supervision in the community) began with the Probation of Offenders Act (1907).
Open prisons, with few locks and walls, began in 1936. Community service orders followed the Criminal Justice Act of 1972, and electronic tagging was introduced across England and Wales in 1999.
The death penalty: the last executions took place in 1964. Hanging for murder was suspended in 1965 and abolished for good in 1969; the death penalty was removed for all remaining crimes in 1998.
Worked example

Explain one way in which the definition of crime changed in the 20th century.

  1. Name a change: homosexual acts between men were decriminalised in 1967.
  2. Explain the reason: attitudes in society became more tolerant.
  3. Contrast with a new crime: coercive control in relationships became a crime in 2015, as domestic abuse was taken more seriously.

Answer: Some acts were decriminalised (homosexuality, 1967) while others were newly made crimes (coercive control, 2015), because society's attitudes changed.

Key idea

The law changes with attitudes: homosexuality was decriminalised in 1967, while race crime, drug offences and coercive control became crimes. Young offenders got borstals (1902) and juvenile courts (1908), later Young Offender Institutions. Alternatives to prison grew: probation (1907), open prisons (1936), community service (1972), tagging (1999). Hanging ended in 1965, permanently in 1969.

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Extra practice

2 more questions

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  1. Which report led to the 1967 Sexual Offences Act?

    1. The Beveridge Report
    2. The Macpherson Report
    3. The Wolfenden Report
    4. The Warnock Report
    Show the answer

    Answer: The Wolfenden Report

    Wolfenden had recommended this change in 1957.

  2. Which kind of crime did the 2015 Serious Crime Act recognise?

    1. Highway robbery
    2. Coercive control in a relationship
    3. Smuggling
    4. Poaching
    Show the answer

    Answer: Coercive control in a relationship

    It recognised abuse that is not only physical.

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Sources and references

Checked by the GCSE-ready editorial team, 17 October 2026. Last updated 2 October 2026. Spotted a mistake? Tell us and we will fix it.

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