Criminal Law Act 1826 Explained

Short Title:Criminal Law Act 1826
Type:Act
Year:1826
Parliament:Parliament of the United Kingdom
Long Title:An Act for improving the Administration of Criminal Justice in England.
Citation:7 Geo. 4. c. 64
Territorial Extent:England and Wales
Royal Assent:26 May 1826
Commencement:26 May 1826
Replaces:See
Amends:See
Status:Amended
Original Text:https://www.legislation.gov.uk/ukpga/Geo4/7/64/contents/enacted
Revised Text:https://www.legislation.gov.uk/ukpga/1826/64/contents

The Criminal Law Act 1826 (7 Geo. 4. c. 64) is an act of the Parliament of the United Kingdom that consolidated a large number of acts relating to criminal procedure.

The act is often considered one of Peel's Acts, which consolidated, repealed and replaced a large number of existing statutes. The act formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of depositions, the form of indictments, and the costs of prosecutions.

The act repealed for England and Wales statutes relating to the criminal law from 1275 to 1825 Similar provision was made for Ireland by the Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. c. 53).

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]

In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.[3]

On 16 March 1824, the Select Committee on the Criminal Law in England was appointed to consider the expediency of consolidating and amending the criminal law.[4] The Select Committee reported on 2 April 1824, resolving to consolidate the criminal law under several heads and to bring in Bills to do so.[5]

In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including:

Passage

Leave to bring in the Criminal Justice Bill to the House of Commons was granted on 9 March 1826 to the home secretary, Sir Robert Peel, the attorney general John Singleton Copley and the solicitor general Sir Charles Wetherell . The bill had its first reading in the House of Commons on 23 March 1826, introduced by the home secretary, Sir Robert Peel .[6] The bill had its second reading in the House of Commons immediately and was committed to a committee of the whole house, which met and reported immediately, with amendments. The report was further considered by the House of Commons on 17 April 1826 and was re-committed to a Committee of the Whole House, which met and reported on 21 April 1826, with amendments. The amended bill was further considered and agreed to by the House of Commons and had its second reading in the House of Commons on 25 April 1826. The amended bill had its third reading in the House of Commons on 28 April 1826.

The amended bill had its first reading in the House of Lords on 2 May 1826.[7] The bill had its second reading in the House of Lords on 5 May 1826 and was committed to a committee of the whole house, which met on 9 May 1826 and reported on 17 May 1826, with amendments. The amended bill was considered and agreed to by the House of Lords on 17 May 1826. The amended bill had its third reading in the House of Lords on 18 May 1826, with amendments.

The amended bill was considered and agreed to by the House of Commons on 19 May 1826.

The bill was granted royal assent on 26 May 1826.

Provisions

The act formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of depositions, the form of indictments, and the costs of prosecutions.[8] [9]

Preamble

The preamble was repealed by the Statute Law Revision Act 1890.

Sections 1 to 27

Section 1 was repealed by the Statute Law Revision Act 1950.

Sections 2 and 3 were repealed by section 34 of the Indictable Offences Act 1848.

Section 4 was repealed by section 45 of, and Schedule 3 to, the Coroners Act 1887.

Sections 5 and 6 were repealed by the Statute Law Revision Act 1950.

Sections 7 and 8 were repealed by the Statute Law Revision Act 1873.

Sections 9 to 11 were repealed by section 1 of, the Schedule to, 24 & 25 Vict c 95 (1861).

Sections 12 and 13 were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Sections 14 to 16 were repealed by section 9 of, and Schedule 2 to, the Indictments Act 1915.

Section 17 was repealed by the Statute Law Revision Act 1950.

Sections 18 and 19 were repealed by section 9 of, and Schedule 2 to, the Indictments Act 1915.

Section 20 was repealed by the Statute Law Revision Act 1873.

Section 21 was repealed by section 56(4) of, and Part I of Schedule 11 to, the Courts Act 1971.

Sections 22 to 25 were repealed by section 10 of, and the Schedule to, the Costs in Criminal Cases Act 1908.

Section 26 was repealed by section 4 of the Criminal Justice Administration Act 1851.

Section 27 was repealed by section 10 of, and the Schedule to, the Merchant Shipping (Expences) Act 1882.

Section 28

Courts may order compensation to those who have been active in the apprehension of certain offenders

This section originally read:

It now reads:

The words of enactment at the start were repealed by the Statute Law Revision (No. 2) Act 1890.

The words "the Crown Court" were substituted by section 56(1) of, and paragraph 2 of Schedule 8 to, the Courts Act 1971. This was consequential on the creation of the Crown Court and the abolition of its predecessors by that Act.

The words "an arrestable offence" (which are not printed in the amended text above because they have been replaced) and the words "that offence" were substituted by section 10(1) of, and paragraph 3(1) of Schedule 2 to, the Criminal Law Act 1967. This was consequential on the creation of the classification arrestable offence by that Act. The words "an indictable offence" were substituted for the words "an arrestable offence" by section 111 of, and paragraph 39 of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act 2005. This was consequential on the abolition of the classification arrestable offence by that act.

The words after "and where any Person shall appear to any Court of Sessions of the Peace, to have been active in or towards the Apprehension of any Party charged with receiving Stolen Property knowing the same to have been stolen, such Court shall have Power to order Compensation to such Person in the same Manner as the other Courts herein-before mentioned" were repealed by sections 10(1) and (2) of, and paragraph 3(1) of Schedule 2 to, and Part III of Schedule 3 to, the Criminal Law Act 1967.

The proviso to this section was repealed by the Statute Law (Repeals) Act 1998.

"Sheriff"

Sheriffs appointed for a county or Greater London are now known as high sheriffs, and any reference in any enactment or instrument to a sheriff must be construed accordingly in relation to sheriffs for a county or Greater London.[10]

The following cases are relevant to this section:

Section 29

Such orders to be paid by the Sheriff, who may obtain immediate repayment on application to the Treasury

The words of enactment at the start were repealed by the Statute Law Revision (No. 2) Act 1888.

The words "upon being paid for the same the sum of 25p and no more" in the second place were repealed on 19 November 1998 by section 1(1) of, and Group 2 of Part 1 of Schedule 1 to the Statute Law (Repeals) Act 1998.

The words before "Lord Chancellor" were repealed by the Statute Law Revision Act 1890.

The words "Lord Chancellor" were substituted by article 4(a) of the Transfer of Functions (Treasury and Lord Chancellor) Order 1976 (S.I. 1976/229)

"Sheriff"

Sheriffs appointed for a county or Greater London are now known as high sheriffs, and any reference in any enactment or instrument to a sheriff must be construed accordingly in relation to sheriffs for a county or Greater London.[11]

Sections 30 to 32

Section 30 was repealed by section 170 of, and paragraph 1 of Schedule 15 to, and Schedule 16 to, the Criminal Justice Act 1988.

Section 31 was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Section 32 was repealed by the Statute Law Revision Act 1873.

Legacy

In 1827, Peel's Acts were passed to modernise, consolidate and repeal provisions of the criminal law, territorially limited to England and Wales and Scotland, including:

In 1828, parallel Bills for Ireland to Peel's Acts were introduced, becoming:[12]

In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 related statutes. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law.

In 1828, the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) was passed, which repealed for India offences repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27) the Offences Against the Person Act 1828 (9 Geo. 4. c. 31).

In 1861, Bills were introduced, drafted by Charles Sprengel Greaves to mirror Peel's Acts, to consolidate and modernise the criminal law across:[13]

In 1861, the Criminal Consolidation Acts were passed for that purpose:

Repealed acts

Section 32 of the act repealed 31 enactments for the United Kingdom excluding Scotland and Ireland (i.e., England and Wales) from 1275 to 1825, listed in that section. Section 32 of the act also provided that for offenses and other matters committed or done before the passing of the act, the repealed Acts would still apply as if the Act had not been passed.[14]

CitationShort titleDescriptionExtent of repeal
Prisoners and Bail Act 1275A Statute made at Westminster in the Third Year of the Reign of King Edward the First.As provides what Prisoners shall not be replevisable and what shall be so.
7 Hen. 5.Indictments, forgeryA Statute made in the Seventh Year of the Reign of King Henry the Fifth.The whole.
9 Hen. 5. c. 1Indictments, etc.A Statute made in the Ninth Year of the same Reign.As relates to Indictments and Appeals laid in a non-existing Place.
18 Hen. 6. c. 12Indictments, etc.A Statute made in the Eighteenth Year of the Reign of King Henry the Sixth.As perpetuates the said Provision of the Statute last referred to.
23 Hen. 6. c. 9Sheriffs and Bailiffs, Fees, etc. Act 1444A Statute made in the Twenty-third Year of the same Reign.As relates to Sheriffs and other Officers and Ministers therein mentioned letting out of Prison Upon Sureties any Person in Custody upon Indictment.I.e., section 3.
1 Ric. 3. c. 3Felony Act 1483An Act passed in the First Year of the Reign of King Richard the Third, intituled An Act for bailing of Persons suspected of Felony.The whole.
3 Hen. 7. c. 3Taking of Bail by Justices Act 1487An Act passed in the Third Year of the Reign of King Henry the Seventh, intituled An Act that Justice of the Peace may take Bail.As relates to Bail or Mainprize.I.e., section 2,
25 Hen. 8. c. 3Standing Mute, etc. Act 1533An Act passed in the Twenty-fifth Year of the Reign of King Henry the Eighth, intituled An Act for standing mute, and peremptory Challenge.The whole.
32 Hen. 8. c. 3Perpetuation of Laws Act 1540An Act passed in the Thirty-second Year of the same Reign, intituled For the Continuation of Acts.As perpetuates the said last-mentioned Act
2 & 3 Edw. 6. c. 24Criminal Law Act 1548An Act passed in the Second and Third Years of the Reign of King Edward the Sixth, intituled An Act for the Trial of Murders and Felonies in several Counties.The whole.
5 & 6 Edw. 6. c. 10Robbery (No. 2) Act 1551An Act passed in the Fifth and Sixth Years of the same Reign, intituled An Act to take away the Benefit of Clergy from such as rob in one Shire and fly into anotherThe whole.
1 & 2 Ph. & M. c. 13Criminal Law Act 1554An Act passed in the First and Second Years of the Reign of King Philip and Queen Mary, intituled An Act appointing an Order to Justices of Peace for the Bailment of Prisoners.The whole.
2 & 3 Ph. & M. c. 10Criminal Law Act 1555An Act passed in the Second and Third Years of the same Reign, intituled An Act to take Examination of Prisoners suspected of Manslaughter or Felony.The whole
4 Will. & Mar. c. 8Apprehension of Highwaymen Act 1692An Act passed in the Fourth Year of the Reign of King William and Queen Mary, intituled An Act for encouraging the apprehending of Highwaymen.The whole
10 & 11 Will. 3. c. 23Clerks of Assize (Fees) Act 1698An Act passed in the Tenth and Eleventh Years of the Reign of King William, intituled An Act for the better apprehending, prosecuting, and punishing of Felons that commit Burglary, Housebreaking, or Robbery in Shops, Warehouses, Coach-houses, or Stables, or that steal Horses.As relates to the Certificates therein mentioned.I.e., sections 2, 3 and 4.
1 Ann. st. 2. c. 9Witnesses on Trial for Treason, etc. Act 1702An Act passed in the First Year of the Reign of Queen Anne, intituled An Act for punishing of Accessories to Felonies and Receivers of Stolen Goods; and to prevent the wilful burning and destroying of Ships.As relates to Accessories.I.e., section 1
6 Ann. c. 31Apprehension of Housebreakers Act 1706An Act passed in the Sixth Year of the same Reign, intituled An Act for the encouraging the Discovery and apprehending of House breakers.Except the special Provision affecting the Sheriffs and Under Sheriffs of London and Middlesex.
6 Geo. 1. c. 23Robbery, etc. Act 1719An Act passed in, the Sixth Year of the Reign of King George the First, intituled An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons.The whole.
25 Geo. 2. c. 36Disorderly Houses Act 1751An Act passed in the Twenty-fifth Year of the Reign of King George the Second, intituled An Act for the better preventing Thefts and Robberies; and for regulating Places of public Entertainment, and punishing Persons keeping disorderly Houses.As relates to Payments to Prosecutors in Cases of Felony.I.e., section 3.
27 Geo. 2. c. 3Offenders (Conveyance) Act 1754An Act passed in the Twenty-seventh Year of the same Reign, intituled An Act for the better securing to Constables and others the Expences of conveying Offenders to Gaol, and for allowing the Charges of poor Persons bound to give Evidence against Felons.As relates to the Allowance of Compensation to poor Persons appearing on Recognizance to give Evidence against any one accused of Felony.I.e., section 3.
18 Geo. 3. c. 19Payment of Charges of Constables Act 1778An Act passed in the Eighteenth Year of the Reign of King George the Third, intituled An Act for the Payment of Costs to Parties on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and Prosecutors of any Larceny or other Felony.As relates to Payments and Allowances to Prosecutors and other Persons appearing on Recognizance or Subpoena to give Evidence as to any Felony, and to Rules and Regulations touching the Costs and Charges to be allowed to such Prosecutors and Persons.I.e., sections 7 and 8.
43 Geo. 3. c. 59Bridges Act 1803An Act passed in the Forty-third Year of the same Reign, intituled An Act for remedying certain Defects in the Laws relative to the building and repairing of County, Bridges and other Works maintained at the Expence of the Inhabitants of Counties in England.As relates to laying the Property in; the Surveyor of County Bridges in any Indictment.I.e., section 3.
43 Geo. 3. c. 113Casting Away of Vessels, etc. Act 1803An Act passed in the same Year, for providing, among other Things, for the more convenient Trial of Accessories in Felonies.As relates to the Trial of Accessories, except the special Provisions, therein contained as to Accessories before the Fact in Murder.I.e., section 5
56 Geo. 3. c. 73Stealing Property from Mines Act 1816An Act passed in the Fifty-sixth Year of the same Reign, intituled An Act for removing Difficulties in the Conviction of Offenders stealing Property from Mines.The whole.
58 Geo. 3. c. 70Disorderly Houses Act 1818An Act passed in the Fifty-eighth Year of the same Reign, intituled An Act for repealing such Parts of, several Acts as allow pecuniary and other Rewards upon the Conviction of Persons for Highway Robbery and other Crimes and Offences; and for facilitating the Means of prosecuting Persons accused of Felony and other Offences.Except so much thereof as relates to disorderly Houses.
59 Geo. 3. c. 27Felony Act 1819An Act passed in the Fifty-ninth Year of the same Reign, intituled An Act to facilitate the Trial of Felonies committed on board. Vessels employed on Canals, Navigable Rivers, and Inland Navigations.The whole.
59 Geo. 3. c. 96Felonies on Stage Coaches Act 1819An Act passed in the same Year, intituled An Act to facilitate the Trials of Felonies committed on Stage Coaches and Stage Waggons and other such Carriages, and of Felonies committed on the Boundaries of CountiesThe whole.
1 Geo. 4. c. 102Indictments Act 1820An Act passed in the First Year of His present Majesty's Reign, for making general the Provisions of the said recited Act of the Fifty-sixth Year of the Reign of King George the Third.The whole.[15]
3 Geo. 4. c. 38Punishment for Manslaughter, etc. Act 1822An Act passed in the Third Year of the present Reign, intituled An Act for the further and more adequate Punishment of Persons convicted of Manslaughter, and of Servants convicted of robbing their Masters, and of Accessories before the Fact to Grand Larceny and certain other Felonies.As provides that Accessories before the Fact may be indicted for a Misdemeanor.
3 Geo. 4. c. 126Turnpike Roads Act 1822Another Act passed in the same Year, intituled An Act to amend the general Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England.As relates to stating in any Indictment any Things to be the Property of the Clerk to the Trustees or Commissioners, as therein mentioned.I.e., section 60.
6 Geo. 4. c. 56Forgery Act 1825An Act passed in the Sixth Year of the present Reign, intituled An Act to amend Two Acts for removing Difficulties in the Conviction of Offenders stealing Property in Mines and from Corporate Bodies.The whole.[16]

See also

Notes and References

  1. Farmer . Lindsay . 2000 . Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45 . Law and History Review . 18 . 2 . 397–425 . 10.2307/744300 . 744300 . 0738-2480.
  2. Book: Ilbert, Courtenay . Courtenay Ilbert . Legislative methods and forms . . 1901 . Oxford . 57 . en . 9 September 2024.
  3. Consolidation Bills. Parliament of the United Kingdom. House of Lords. 5 June 1967. 283. 179. Gerald Gardiner, Baron Gardiner.
  4. Consolidation Of the Criminal Law Of England. Parliament of the United Kingdom. House of Commons. 16 March 1824. 18. 1063. 1064.
  5. Book: Commons, Great Britain Parliament House of . Reports from Committees . 1824 . en.
  6. Book: Commons, Great Britain House of . Journals of the House of Commons . H.M. Stationery Office . 1826 . 147; 206; 251; 273; 285; 293; 299; 303; 364–365 . en . 22 October 2024.
  7. Book: Lords, Great Britain House of . Journals of the House of Lords . 1826 . 279; 299; 305; 316; 339–340; 344; 353; 380 . en . 22 October 2024.
  8. Book: Britain . Great . Statutes of Practical Utility: Arranged in Alphabetical and Chronological Order with Notes and Indexes : Being the 5th Edition of Chitty's Statutes . Lely . John Mounteney . 1894 . Sweet & Maxwell . 12–20 . en.
  9. Book: Archbold Criminal Pleading, Evidence and Practice . Archbold Criminal Pleading, Evidence and Practice . 1999 . para 5-585–5-586.
  10. The Local Government Act 1972, section 219(1)
  11. The Local Government Act 1972, section 219(1)
  12. Book: Companion to the Almanac, Or Yearbook of General Information for .... . 1835 . 161 . en.
  13. Book: Britain, Great . Statutes at Large ...: (37 v.) A collection of the public general statutes, 1833-1869 . 1861 . 454 . en.
  14. Book: Britain, Great . The Statutes of the United Kingdom of Great Britain and Ireland, Passed in the ... [1807-69]. ]. 1826 . His Majesty's statute and law Printers . 274 . en.
  15. Book: Parliamentary Bills &c . 1861 . Ordered to be printed . en.
  16. Book: Parliamentary Bills &c . 1861 . Ordered to be printed . en.