Treason Act 1842
Encyclopedia
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. It was last used in 1981 to prosecute Marcus Sarjeant
.
. Francis's death sentence was commuted to transportation for life
on 1 July. Two days later, in a smilar attack, John William Bean fired a pistol at the Queen, but it was loaded only with paper and tobacco.
Edward Oxford
, who had shot at Victoria in 1840, felt that the attempts were encouraged by his acquittal on the grounds of insanity two years before. Bean's assault, though physically harmless, was still punishable by death. Feeling that such a penalty was too harsh, Albert encouraged Parliament to pass a law recognising lesser crimes against the monarch, such as intent to alarm. Bean was sentenced to 18 months in jail.
had its own special rules of evidence and procedure, which made it difficult to prosecute traitors successfully, such as the requirement that the prosecution produce two witnesses to the same overt act
, or that three judges preside at the trial. (See Treason Act 1695
for details.) The Treason Act 1800
relaxed these rules in relation to attempts on the King's life, bringing the rules in such cases in line with the less restrictive rules which then existed in ordinary murder
cases. Section 1 of the 1842 Act went further, removing the special rules in all cases of treason involving any attempt to wound or maim the Queen.
This section was repealed on 15 June 1945 by the Treason Act 1945
. This repeal was consequential on the extension of the ordinary rules of evidence and procedure to all forms of treason by section 1 of that Act.
. In 1981, Marcus Sarjeant
was sentenced to five years on pleading guilty to firing blank
shots at the Queen when she was on parade.
Sentence
A person convicted of an offence under this section is liable to imprisonment
for a term not exceeding seven years. An attempt to assault or alarm the monarch was made punishable by flogging
and up to seven years' imprisonment. No-one who violated the act was ever flogged.
Relevant cases
, in Great Britain it is now only treason to "compass or imagine" the Queen's death. Consequently assaulting the Queen is only treason if it proves that state of mind.
In Northern Ireland intending or causing "any bodily harm" to the Queen remains treason under the Treason Act (Ireland) 1537
.
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 of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
. It was passed early in the reign of Queen Victoria. It was last used in 1981 to prosecute Marcus Sarjeant
Marcus Sarjeant
Marcus Simon Sarjeant is notable for firing six blank shots at Queen Elizabeth II as she rode down The Mall to the Trooping the Colour ceremony in 1981.-Background:...
.
Background
On 29 May 1842, Victoria was riding in a carriage along The Mall, London, when John Francis, described by Victoria's husband Prince Albert as a "little, swarthy, ill-looking rascal ... of the age of twenty-six to thirty, with a shabby hat and of dirty appearance", aimed a pistol at her but did not fire. The following day, Victoria drove the same route, though faster and with a greater escort, in a deliberate attempt to provoke Francis to take a second aim and catch him in the act. As expected, Francis shot at her, but he was seized by plain clothes policemen, tried, and convicted of high treasonHigh 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...
. Francis's death sentence was commuted to transportation for life
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...
on 1 July. Two days later, in a smilar attack, John William Bean fired a pistol at the Queen, but it was loaded only with paper and tobacco.
Edward Oxford
Edward Oxford
Edward Oxford was tried for high treason for attempting to assassinate Queen Victoria in 1840.The Queen was out riding on Constitution Hill with her husband, Prince Albert, on 10 June, when Oxford shot twice at the couple, missing both times. He was seized by onlookers, arrested and tried at the...
, who had shot at Victoria in 1840, felt that the attempts were encouraged by his acquittal on the grounds of insanity two years before. Bean's assault, though physically harmless, was still punishable by death. Feeling that such a penalty was too harsh, Albert encouraged Parliament to pass a law recognising lesser crimes against the monarch, such as intent to alarm. Bean was sentenced to 18 months in jail.
Section 1
In 19th century Britain, treasonTreason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
had its own special rules of evidence and procedure, which made it difficult to prosecute traitors successfully, such as the requirement that the prosecution produce two witnesses to the same overt act
Overt Act
In 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...
, or that three judges preside at the trial. (See Treason Act 1695
Treason Act 1695
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...
for details.) The Treason Act 1800
Treason Act 1800
The Treason Act 1800 was an Act of the Parliament of the Kingdom of Great Britain. It assimilated the procedure on trials for treason and misprision of treason to the procedure on trials for murder in certain cases. It was passed as a result of an attempt on the life of George III by James...
relaxed these rules in relation to attempts on the King's life, bringing the rules in such cases in line with the less restrictive rules which then existed in ordinary murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
cases. Section 1 of the 1842 Act went further, removing the special rules in all cases of treason involving any attempt to wound or maim the Queen.
This section was repealed on 15 June 1945 by 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...
. This repeal was consequential on the extension of the ordinary rules of evidence and procedure to all forms of treason by section 1 of that Act.
Section 2
This section is still in force. It created a new offence (less serious than treason) of assaulting the Queen, or of having a firearm or offensive weapon in her presence with intent to injure or alarm her or to cause a breach of the peaceBreach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
. In 1981, Marcus Sarjeant
Marcus Sarjeant
Marcus Simon Sarjeant is notable for firing six blank shots at Queen Elizabeth II as she rode down The Mall to the Trooping the Colour ceremony in 1981.-Background:...
was sentenced to five years on pleading guilty to firing blank
Blank (cartridge)
A blank is a type of cartridge for a firearm that contains gunpowder but no bullet or shot. When fired, the blank makes a flash and an explosive sound . Blanks are often used for simulation , training, and for signaling...
shots at the Queen when she was on parade.
Sentence
A person convicted of an offence under this section is liable to 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....
for a term not exceeding seven years. An attempt to assault or alarm the monarch was made punishable by flogging
Flagellation
Flagellation or flogging is the act of methodically beating or whipping the human body. Specialised implements for it include rods, switches, the cat o' nine tails and the sjambok...
and up to seven years' imprisonment. No-one who violated the act was ever flogged.
Relevant cases
- R v. Francis (1842) 4 State Tr N.S. 1376
- R v. Bean (1842) 4 State Tr N.S. 1382
- R v. Hamilton (1849) 7 State Tr N.S. 1130
- Pate's CaseRobert PateRobert Francis Pate, Jr was a former British Army officer, best remembered for his assault on Queen Victoria on June 27, 1850.-Early career:In 1841, Pate purchased a Cornetcy in the 10th Light Dragoons...
(1850) 8 State Tr N.S. 1
Section 3
This section is also still in force, and provides that section 2 does not affect the penalty for treason. However, although under the Treason Act 1795 many kinds of assault on the Queen were treason, that Act was repealed in 1998. Under the present lawTreason 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...
, in Great Britain it is now only treason to "compass or imagine" the Queen's death. Consequently assaulting the Queen is only treason if it proves that state of mind.
In Northern Ireland intending or causing "any bodily harm" to the Queen remains treason under the Treason Act (Ireland) 1537
Treason Act (Ireland) 1537
The Treason Act 1537 is an Act of the former Parliament of Ireland which adds several offences to the law of treason in Northern Ireland...
.
External links
- Hansard (House of Commons), 12 July 1842, vol.65, col. 19 - 28 (first and second reading)
- Hansard (House of Commons), 13 July 1842, vol.65, col. 80 - 84 (committee)
- Hansard (House of Commons), 13 July 1842, vol.65, col. 99 (third reading)
- Hansard (House of Lords), 14 July 1842, vol.65, col. 100 - 101 (first reading)
- Hansard (House of Commons), 15 July 1842, vol.65, col. 182 - 184 (report)
- Hansard (House of Lords), 15 July 1842, vol.65, col. 167 - 171 (second reading)