Polygamy in the United Kingdom
Encyclopedia
Polygamous marriages
Polygamy
Polygamy is a marriage which includes more than two partners...

 may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...

.

Polygamous marriages legally performed in another country where the law allows it are not recognized for pension, immigration or citizenship purposes. However, they may be recognized for the purposes of welfare benefits. This decision was not made without controversy, and there have been protests against it.

England and Wales

Bigamy is a statutory offence in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861
Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

:
This section replaces section 22 of the Offences against the Person Act 1828
Offences Against the Person Act 1828
The Offences against the Person Act 1828 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...

 for England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, which replaced section 1 of 1 Jac.1 c.11
Bigamy Act 1603
The Bigamy Act 1603 was an Act of the Parliament of the Kingdom of England. It created the offence of bigamy as a capital felony. Bigamy had not previously been a temporal offence .Further provision was made by the 35 Geo 3 c 67.-Section 1:...

 (1603). This section replaces section 26 of the Act 10 Geo. 4 c. 34 for Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

.

Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is dead or that the marriage has been dissolved.

Bigamy is triable either way
Hybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment...

. A person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum
Prescribed sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...

, or to both.

See Crown Prosecution Service Sentencing Manual for case law on sentencing. Relevant cases are:
  • R v Crowhurst, unreported
  • R v Smith 1994 15 Cr App R (S) 407
  • R v Cairns [1997] 1 Cr App R (S)

Northern Ireland

In Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.
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