Criminal Law Act 1826
Encyclopedia
The Criminal Law Act 1826 (7 Geo 4 c 64) is an Act
of the Parliament
of the United Kingdom
. It was a consolidation Act
. It consolidated a large number of Acts relating to criminal procedure
. It was due to Sir Robert Peel (see Peel's Acts
).
It formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of deposition
s, the form of indictment
s, and the costs of prosecutions.
See also abatement in pleading
.
Sections 2 and 3 were repealed by section 34 of the Indictable Offences Act 1848.
Section 4 was repealed by section 45 of, and Schedule 3 to, the Coroners Act 1887.
Sections 5 and 6 were repealed by the Statute Law Revision Act 1950.
Sections 7 and 8 were repealed by the Statute Law Revision Act 1873.
Sections 9 to 11 were repealed by section 1 of, the Schedule to, 24 & 25 Vict c 95 (1861).
Sections 12 and 13 were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.
Sections 14 to 16 were repealed by section 9 of, and Schedule 2 to, the Indictments Act 1915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Section 17 was repealed by the Statute Law Revision Act 1950.
Sections 18 and 19 were repealed by section 9 of, and Schedule 2 to, the Indictments Act 1915.
Section 20 was repealed by the Statute Law Revision Act 1873.
Section 21 was repealed by section 56(4) of, and Part I of Schedule 11 to, the Courts Act 1971.
Sections 22 to 25 were repealed by section 10 of, and the Schedule to, the Costs in Criminal Cases Act 1908.
Section 26 was repealed by section 4 of the Criminal Justice Administration Act 1851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Section 27 was repealed by section 10 of, and the Schedule to, the Merchant Shipping (Expences) Act 1882.
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The words of enactment at the start were repealed by the Statute Law Revision (No 2) Act 1890.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 sheriff
s, 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.
The following cases are relevant to this section:
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 sheriff
s, 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.
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.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It was a consolidation Act
Consolidation Act
The Consolidation Act was an act of the parliament of Great Britain passed in 1749 to reorganize the Royal Navy....
. It consolidated a large number of Acts relating to criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
. It was due to Sir Robert Peel (see Peel's Acts
Peel's Acts
Peel's Acts were Acts of the Parliament of the United Kingdom. They consolidated provisions from a large number of earlier statutes which were then repealed. Their purpose was to simplify the criminal law...
).
It formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of deposition
Deposition
Deposition or Depose may refer to:* Deposition , taking testimony outside of court* Deposition , molecules settling out of a solution...
s, the form of indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
s, and the costs of prosecutions.
See also abatement in pleading
Abatement in pleading
Historically, Abatement in pleading, or plea in abatement was, in English law, a plea by the defendant, defeating or quashing a legal action by some matter of fact, such as a defect in form or the personal incompetency of the parties suing....
.
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
Indictments Act 1915
The Indictments Act 1915 was an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point...
.
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
Criminal Justice Administration Act 1851
The Criminal Justice Administration Act 1851 is an Act of the Parliament of the United Kingdom.-Sections 1 to 3:Section 1 was repealed by the Statute Law Revision Act 1875....
.
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
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
. This was consequential on the creation of the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
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
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
. This was consequential on the creation of the classification arrestable offence
Arrestable offence
Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient term felony...
by that Act. The words "an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
" 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
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
. 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
Statute Law (Repeals) Act 1998
The Statute Law Act 1998 was passed on November 19, 1998 and provided reform to the statute law in the areas of Administration of Justice, Ecclesiastical Law, Education, Finance, Hereford and Worcester, Inclosure Acts, Scottish Local Acts, Slave Trade Acts, as well as other miscellaneous items.-...
.
"Sheriff"
Sheriffs appointed for a county or Greater London are now known as high sheriff
High Sheriff
A high sheriff is, or was, a law enforcement officer in the United Kingdom, Canada and the United States.In England and Wales, the office is unpaid and partly ceremonial, appointed by the Crown through a warrant from the Privy Council. In Cornwall, the High Sheriff is appointed by the Duke of...
s, 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.
The following cases are relevant to this section:
- R v Barnes (1835) 7 C & P 166
- R v Jones (1835) 7 C & P 167
- R v Womersly (1836) 2 Lew CC 162
- R v Haines (1850) 5 Cox CC 114
- R v Dunning (1851) 17 LTOS 8, (1851) 5 Cox CC 142
- R v Platt and Sines (1905) 69 JP 424
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
Statute Law (Repeals) Act 1998
The Statute Law Act 1998 was passed on November 19, 1998 and provided reform to the statute law in the areas of Administration of Justice, Ecclesiastical Law, Education, Finance, Hereford and Worcester, Inclosure Acts, Scottish Local Acts, Slave Trade Acts, as well as other miscellaneous items.-...
.
The words before "Lord Chancellor" were repealed by the Statute Law Revision Act 1890.
The words "Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
" 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 sheriff
High Sheriff
A high sheriff is, or was, a law enforcement officer in the United Kingdom, Canada and the United States.In England and Wales, the office is unpaid and partly ceremonial, appointed by the Crown through a warrant from the Privy Council. In Cornwall, the High Sheriff is appointed by the Duke of...
s, 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.
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
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
.
Section 32 was repealed by the Statute Law Revision Act 1873.
External links
- The Criminal Law Act 1826, as amended from the National Archives.
- The Criminal Law Act 1826, as originally enacted from the National Archives.