Piracy Act 1717
Encyclopedia
The Piracy Act 1717 was an Act
of the Parliament of Great Britain
(4 Geo. I cap. 11) long title
An Act for the further preventing Robbery, Burglary, and other Felonies, and for the more effectual Transportation of Felons, and unlawful Exporters of Wool; and for declaring the Law upon some Points relating to Pirates.) that established a seven-year penal transportation
to North America
as a possible punishment for those convicted of lesser felonies, or as a possible sentence that capital punishment
might be commuted to by royal pardon
. Transportation of criminals to North America continued from 1718-1776. When the American revolution
made it unfeasible to carry out transportation, those sentenced to it were punished with imprisonment
or hard labour instead. From 1787-1868, criminals were transported to the British colonies in Australia
.
The reasons for the Act derive from the convergence of a number of factors. Fears over rising crime and disorder after the end of the War of the Spanish Succession
in 1714, a contested Hanoverian accession to the British throne, inappropriate punishments for lesser felonies (misdemeanours), concern over crowd behaviour at public punishments, and a new determination by parliament to push through the legislation despite colonial opposition resulted in the passing of the Act. Transportation thus became a regularly available sentence for the courts to hand down to those convicted of non-capital offences as well as capital crimes. The death penalty for most kinds of piracy was abolished by the Piracy Act 1837
, which preserved the death penalty for piracy with intent to kill. The death penalty was abolished altogether in 1998. The 1717 Act was repealed in 1993.
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 of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
(4 Geo. I cap. 11) long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
An Act for the further preventing Robbery, Burglary, and other Felonies, and for the more effectual Transportation of Felons, and unlawful Exporters of Wool; and for declaring the Law upon some Points relating to Pirates.) that established a seven-year penal transportation
Penal transportation
Transportation or penal transportation is the deporting of convicted criminals to a penal colony. Examples include transportation by France to Devil's Island and by the UK to its colonies in the Americas, from the 1610s through the American Revolution in the 1770s, and then to Australia between...
to North America
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
as a possible punishment for those convicted of lesser felonies, or as a possible sentence that capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
might be commuted to by royal pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
. Transportation of criminals to North America continued from 1718-1776. When the American revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
made it unfeasible to carry out transportation, those sentenced to it were punished with imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
or hard labour instead. From 1787-1868, criminals were transported to the British colonies in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
The reasons for the Act derive from the convergence of a number of factors. Fears over rising crime and disorder after the end of the War of the Spanish Succession
War of the Spanish Succession
The War of the Spanish Succession was fought among several European powers, including a divided Spain, over the possible unification of the Kingdoms of Spain and France under one Bourbon monarch. As France and Spain were among the most powerful states of Europe, such a unification would have...
in 1714, a contested Hanoverian accession to the British throne, inappropriate punishments for lesser felonies (misdemeanours), concern over crowd behaviour at public punishments, and a new determination by parliament to push through the legislation despite colonial opposition resulted in the passing of the Act. Transportation thus became a regularly available sentence for the courts to hand down to those convicted of non-capital offences as well as capital crimes. The death penalty for most kinds of piracy was abolished by the Piracy Act 1837
Piracy Act 1837
The Piracy Act 1837 is an Act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishable with death...
, which preserved the death penalty for piracy with intent to kill. The death penalty was abolished altogether in 1998. The 1717 Act was repealed in 1993.