Treason Act 1695
Encyclopedia
The Treason Act 1695 is an Act
of the Parliament of England
which laid down rules of evidence and procedure in high treason
trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821. Some of it is still in force today.
However the Act did not apply to forgery (some kinds of forgery were classed as high treason by the Treason Act 1351
), or to petty treason
.
Today most of the Act has been repealed, but the three year time limit still survives (see below), and of course the rights to be represented and to have a copy of the indictment (now free of charge) still exist in other legislation. However the "two witnesses" rule no longer exists in the United Kingdom
. In 1800 this rule, and all other special rules of evidence in treason cases, were abolished for cases of killing or attempting to kill the Sovereign. The Treason Act 1842
extended this exception still further, to all attempts to maim or wound the Sovereign (non-lethal assaults on the Sovereign were treason until 1998). Finally, in 1945, the special status of treason was removed for all kinds of treason, and ever since then the evidence required, and the procedure followed, in treason proceedings has been the same as in murder trials.
Repeals
Sections 2 and 4 were repealed in part by the Statute Law Revision Act 1888. The Treason Act 1945
repealed the whole Act, except for sections 5 and 6. Section 5 was repealed in part by the Statute Law Revision Act 1948
.
be prosecuted under the Treason Act 1351
for an alleged affair with Diana, Princess of Wales
, it was pointed out that the mooted evidence fell outside the time limit.
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 England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
which laid down rules of evidence and procedure in high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821. Some of it is still in force today.
Provisions
The Act provided that:- People accused of treason should have the right to be represented by up to two counselCounselA counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
. - Nobody could be convicted of treason except by the evidence of two witnesses to the same offence (but not necessarily the same overt actOvert ActIn criminal law, an overt act , an open act, one that can be clearly proved by evidence, and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime...
of the offence). (This rule, previously enacted in the Treason Act 1547Treason Act 1547The Treason Act 1547 was an Act of the Parliament of England. It is mainly notable for being the first instance of the rule that two witnesses are needed to prove a charge of treason, a rule which still exists today in the United States Constitution.-Abolition of new offences:During the reign of...
, the Treason Act 1554Treason Act 1554The Treason Act 1554 was an Act of the Parliament of England. It is not to be confused with two other Acts about treason passed in the same year, 1&2 Ph. & M...
and the Sedition Act 1661, was inherited by the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
and incorporated into Article III, Section 3 of the United States ConstitutionArticle Three of the United States ConstitutionArticle Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
, which added that both witnesses had to have witnessed the same overt act.) - Nobody could be prosecuted or punished for treason or misprision of treasonMisprision of treasonMisprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority...
unless the indictmentIndictmentAn 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...
was signed by the grand juryGrand juryA grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
within three years of the crime being committed (except in cases of an attempt on the life of the King, or treason outside England and WalesEngland and WalesEngland and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
). - A defendant should be allowed to have a copy of the indictment against him (at his own expense).
- No evidence could be used against him except what was pleaded in the indictment.
However the Act did not apply to forgery (some kinds of forgery were classed as high treason by the Treason Act 1351
Treason Act 1351
The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to...
), or to petty treason
Petty treason
Petty treason or petit treason was an offence under the common law of England which involved the betrayal of a superior by a subordinate. It differed from the better-known high treason in that high treason can only be committed against the Sovereign...
.
History
The Act was passed because previously the law had been extremely harsh, allowing little opportunity for a defendant to defend himself and enabling trumped-up charges of treason to succeed. However between 1817 and 1998 the protection of the Act was removed from those accused of treason by assaulting the heir to the throne, or misprision of such treason.Today most of the Act has been repealed, but the three year time limit still survives (see below), and of course the rights to be represented and to have a copy of the indictment (now free of charge) still exist in other legislation. However the "two witnesses" rule no longer exists in 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...
. In 1800 this rule, and all other special rules of evidence in treason cases, were abolished for cases of killing or attempting to kill the Sovereign. The Treason Act 1842
Treason Act 1842
The Treason Act 1842 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It was passed early in the reign of Queen Victoria...
extended this exception still further, to all attempts to maim or wound the Sovereign (non-lethal assaults on the Sovereign were treason until 1998). Finally, in 1945, the special status of treason was removed for all kinds of treason, and ever since then the evidence required, and the procedure followed, in treason proceedings has been the same as in murder trials.
Repeals
Sections 2 and 4 were repealed in part by the Statute Law Revision Act 1888. The Treason Act 1945
Treason Act 1945
The Treason Act 1945 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland.It was introduced into the House of Lords as a purely procedural statute, whose sole purpose was to abolish the old and highly technical procedure in cases of treason, and assimilate it to...
repealed the whole Act, except for sections 5 and 6. Section 5 was repealed in part by the Statute Law Revision Act 1948
Statute Law Revision Act 1948
The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom.Section 5 and Schedule 2 authorised the citation of 158 earlier Acts by short titles....
.
The Act today
The three year time limit described above – and the original exception to it – are still on the law books today, and are contained in sections 5 and 6 of the Act. (However grand juries were abolished in England in 1933, and now indictments need no longer be signed.) When in 2000 a British newspaper suggested that James HewittJames Hewitt
James Hewitt is a former British household cavalry officer in the British Army. He had an affair with Diana, Princess of Wales for five years, receiving extensive media coverage after revealing details of the affair.-Early life:...
be prosecuted under the Treason Act 1351
Treason Act 1351
The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to...
for an alleged affair with Diana, Princess of Wales
Diana, Princess of Wales
Diana, Princess of Wales was the first wife of Charles, Prince of Wales, whom she married on 29 July 1981, and an international charity and fundraising figure, as well as a preeminent celebrity of the late 20th century...
, it was pointed out that the mooted evidence fell outside the time limit.
See also
- High treason in the United KingdomHigh treason in the United KingdomUnder the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; having sexual intercourse with the sovereign's consort, with his eldest unmarried daughter, or with the wife of the heir to the...
- Article Three of the US Constitution, section 3
- Security of King and Government Act 1695Security of King and Government Act 1695The Security of King and Government Act 1695 was an Act of the Parliament of England. Its long title was An act for the better security of his Majesty's royal person and government...
- Treason ActTreason ActTreason Act or Treasons Act is a stock short title used for legislation in the United Kingdom and in the Republic of Ireland on the subject of treason and related offences...