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Offences Against The Person Act 1861

Offences Against The Person Act 1861

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The Offences against the Person Act 1861 (24 & 25 Vict c 100) is an Act
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 of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 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 consolidated provisions related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the criminal law consolidation Acts 1861
Criminal law consolidation Acts 1861
The criminal law consolidation Acts 1861 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 They consolidated provisions from a large number of earlier statutes which were then repealed.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 was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, 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...

 (and the equivalent Irish Act), incorporating subsequent statutes.

Although it has been substantially amended, it continues to be the foundation for prosecuting personal injury, short of murder, in the courts of 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...

.

In England and Wales, and in Northern Ireland, the sexual offences under this Act have all been repealed. For current sexual offences see the Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...

 and the Sexual Offences (Northern Ireland) Order 2008. In Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...

 (both 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...

 and the Republic
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

) the Offences against the Person Act 1861 continues to be the basis of a ban on abortion.

Commentary


The Act as originally drafted listed specific methods whereby harm might be caused. For example, section 18 originally included an offence of shooting which could be committed with any of the specified intents. Sections 11 to 15 specified various means by which a person might attempt to commit murder.

In some cases, these reflected political issues of then great significance. For example, the Fenian
Fenian
The Fenians , both the Fenian Brotherhood and Irish Republican Brotherhood , were fraternal organisations dedicated to the establishment of an independent Irish Republic in the 19th and early 20th century. The name "Fenians" was first applied by John O'Mahony to the members of the Irish republican...

s were promoting their political case by leaving barrels of explosives in public places. Hence, sections 28 to 30 and 64 specifically address the problem of the resulting injuries. Similarly, children were throwing stones at passing railway trains, and these provisions remain in force.

As originally enacted, the Act had 79 sections. 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...

, 37 sections remain in force, namely sections 4, 5, 9, 10, 16 to 18, 20 to 38, 44, 45, 47, 57 to 60, 64, 65, 68 and 78. Of those, only sections 25, 34 to 36 and 78 have not been either partially repealed or otherwise amended. Different subsets of its provisions remain in force 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...

 and in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

.

Dangerous offenders


See the Criminal Justice Act 2003 for further provisions about sentencing for manslaughter and for offences under sections 4 and 16 to 47 of this Act.

Sections 1 to 3 - Murder


Sections 1 to 3 dealt with the death penalty for murder
Murder in English law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another either intending to cause death or intending to cause serious injury .-Actus reus:The definition of the actus reus Murder is an offence under the...

 and have been repealed.

In the Republic of Ireland, the references to murder in these sections were changed to references to capital murder by section 15 of the Criminal Justice Act 1964. They were repealed by section 9(1) of, and the second schedule to, the Criminal Justice Act 1990. But the repeal of section 1 did not affect the operation of sections 64 to 68.(s.9(2))

Section 1 - Penalty for murder


This section replaced the corresponding provision in section 3 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...

 (9 Geo 4 c 31) and section 4 of the corresponding Irish Act (10 Geo 4 c 34).

Section 3 - Disposal of body


This section provided that the body of every person executed for murder was to be buried within the precincts of the last prison in which he had been confined, and that his sentence was to direct that this should happen. It replaced the corresponding provision in section 16 of the Anatomy Act 1832
Anatomy Act 1832
The Anatomy Act 1832 was a United Kingdom Act of Parliament that gave freer license to doctors, teachers of anatomy, and bona fide medical students to dissect donated bodies...

 (as amended by section 1 of the next mentioned Act) and replaced section 2 of the Hanging in Chains Act 1834 (4 & 5 Will 4 c 26).

Section 4


The penalty for offences under this section was increased by article 5(1) of the Criminal Law (Amendment) (Northern Ireland) Order 1977, but not in relation to offences "committed before the commencement" of that order (art.5(3)).

Conspiracy to murder


This section creates the offence of conspiracy to murder
Conspiracy to murder
Conspiracy to murder is a statutory offence in England and Wales and Northern Ireland and the Republic of Ireland.-England and Wales:Conspiracy to murder is an offence by virtue of section 1 of the Criminal Law Act 1977.Mens rea...

 in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

.

The repeal of as much of this section as related to the offence of conspiracy to murder 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...

 was consequential on the codification of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 by Part I of the Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...

. The effect of this section, in relation to conspiracy to commit murder abroad, was preserved by section 1(4) of that Act.

The repeal of as much of this section as related to the offence of conspiracy to murder 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...

 was consequential on the codification of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 by Part IV of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)).

Section 5 - Manslaughter


This section now provides that a person convicted of Manslaughter in English law
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

 is liable to imprisonment for life or for any shorter term.

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 now reads:
Repeals

The words "or to pay" to the end were repealed by Part I of Tenth Schedule to the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...

. The other words were repealed by the Statute Law Revision Act 1892.

"Penal servitude for life"

This means imprisonment for life: See section 1(2) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...

 and section 1(2) of the Criminal Justice Act (Northern Ireland) 1953 and section 11(2) of the Criminal Law Act, 1997.

Other matters


Sections 6 to 8 have been repealed. They respectively dealt with the form of the indictment for murder and manslaughter, with excusable homicide and with petty treason.

Section 6 replaced section 4 of the Criminal Procedure Act 1851 (14 & 15 Vict c 100). This section was repealed for the Republic of Ireland on 22 August 1924.

Section 7 replaced section 10 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...

.

Section 8 replaced section 2 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...

.

Jurisdiction


Sections 9 and 10: Murder or manslaughter abroad. Section 9 gives the courts in England, Wales and Ireland extra-territorial jurisdiction over homicides committed by British subjects overseas. (Note however the restricted definition of "subject" under section 3 of the British Nationality Act 1948.) Section 10 gives these courts jurisdiction over fatal acts committed by British subjects overseas where the death occurs in England, Wales or Ireland, and jurisdiction over fatal acts committed in England, Wales or Ireland by anyone, including aliens, where the death occurs abroad. (The word "criminally" in that section has been held to exclude fatal acts done by aliens overseas although the death occurs in England, Wales or Ireland, since such acts are not punishable under the criminal law.)
Sections 9 and 10 respectively replace sections 7 and 8 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...

. Section 10 was first enacted in 1728/29 by 2 Geo 2 c 21.

Attempts to murder


Sections 11 to 15 dealt with attempts to murder and have been repealed. See now the Criminal Attempts Act 1981
Criminal Attempts Act 1981
The Criminal Attempts Act 1981 is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes...

.

Section 11 - Administering poison or wounding or causing grievous bodily harm with intent to murder

This section replaced section 2 of the Offences against the Person Act 1837
Offences Against the Person Act 1837
The Offences against the Person Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland...

 (7 Will 4 & 1 Vict c 85).

Section 12 - Destroying or damaging a building with gunpowder with intent to murder

This section replaced section 2 of the Arson Act 1846 (9 & 10 Vict c 25) (Malicious injuries by fire)

Section 13 - Setting fire to or casting away a ship with intent to murder

Section 14 - Attempting to administer poison, or shooting or attempting to shoot, or attempting to drown, suffocate or strangle with intent to murder

This section replaced section 3 of the Offences against the Person Act 1837
Offences Against the Person Act 1837
The Offences against the Person Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland...

.

Section 15 - Attempting to commit murder by any other means

Threats to kill


Section 16

The making of a threat to kill is an offence where the defendant intends the victim to fear it will be carried out. It is immaterial whether it is premeditated or said in anger.

Although the normal maximum sentence is ten years, offenders deemed to present a "significant risk" of "serious harm" to the public can now receive a life sentence under the Criminal Justice Act 2003
Criminal Justice Act 2003
The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland....

.

Other threats of violence may be prosecuted summarily under section 4 of the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...

.

This section, as originally enacted, replaced the offence of sending, delivering or uttering a letter or writing threatening to kill or murder under section 1 of the 10 & 11 Vict c 66 (1847); the other offences under that section being consolidated elsewhere.

In Northern Ireland, this section was substituted by article 4 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16)).

In the Republic of Ireland, this section has been repealed and replaced by section 5 of the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Bodily harm


In the Republic of Ireland, sections 16 to 26 and 28 to 34 of this Act were repealed by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...



Section 17 - Impeding a person endeavouring to save himself or another from shipwreck.

Shipping was the lifeblood of the Empire and so specific offences to protect seamen were common.

Wounding and grievous bodily harm

The offences under sections 18 and 20 of this Act are discussed in detail in the article grievous bodily harm
Grievous bodily harm
Grievous bodily harm is a term of art used in English criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences against the Person Act 1861....

.

Section 18

This section creates the offences of wounding and causing grievous bodily harm, with intent to cause grievous bodily harm, or to resist arrest. It is punishable with life imprisonment.
"18. Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person ... with intent ... to do some ... grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable ... to be kept in penal servitude for life ..."


This section replaces section 4 of the Offences against the Person Act 1837
Offences Against the Person Act 1837
The Offences against the Person Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland...

.

The offences under this section of shooting and attempting to shoot with intent have been repealed. It is also no longer possible to charge the remaining offences of wounding and causing grievous bodily harm as having been committed with intent to maim, disfigure or disable as the relevant words have been repealed.

Section 19

This section defined the expression "loaded arms". The repeal of this section was consequential on the repeal of the offences of shooting and attempting to shoot with intent under sections 14 and 18 above.

Section 20

This section creates the offences of wounding and inflicting grievous bodily harm. They are less serious than the offences created by section 18 and carry a maximum prison sentence of 5 years.
"Inflicting bodily injury, with or without weapon
20. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and, being convicted thereof shall be liable ... to be kept in penal servitude ...."


This section replaces section 4 of the Prevention of Offences Act 1851
Prevention of Offences Act 1851
The Prevention of Offences Act 1851 is an Act of the Parliament of the United Kingdom.It is still in force in the Republic of Ireland.It was retained for the Republic of Ireland by...

 (14 & 15 Vict c 19). The offence of wounding either with or without a weapon or instrument under this section replaces the offence of stabbing, cutting or wounding under that section.

Garrotting, etc. - Administering chloroform, etc.

Sections 21 and 22: Attempting to choke, &c., in order to commit or assist in the committing of any indictable offence. Certain forms of attack have always been viewed with particular horror and the use of strangulation or drugs to render someone unconscious with a view to committing a crime require special treatment. Contemporary crime including date rape
Date rape
"Date rape", often referred to as acquaintance rape, is an assault or attempted assault usually committed by a new acquaintance involving sexual intercourse without mutual consent....

 following the use of hypnotic drugs such as Flunitrazepam
Flunitrazepam
Flunitrazepam is marketed as a potent hypnotic, sedative, anticonvulsant, anxiolytic, amnestic, and skeletal muscle relaxant drug most commonly known as Rohypnol...

 show that little has changed save that where the intended offence is of a sexual nature, separate legislation applies (see Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...

)
.

Section 22 replaces section 3 of the Prevention of Offences Act 1851
Prevention of Offences Act 1851
The Prevention of Offences Act 1851 is an Act of the Parliament of the United Kingdom.It is still in force in the Republic of Ireland.It was retained for the Republic of Ireland by...

.

Poisoning

Sections 23 and 24 cover the insidious forms of attack based on administering poisons or other dangerous chemicals and substances intending to injure another. Although rarely used today, the offences remain available should the specific circumstances arise, e.g. sending a package containing a dangerous substance to an embassy.

Section 25 permits a jury to find a person charged with an offence under section 23 guilty of an offence under 24.

Sections 23 to 25 respectively replace sections 1 to 3 of the 23 & 24 Vict c 8 (1860) (unlawful administering of poison).

Section 26 - Neglecting or causing bodily harm to servants

This section deals with the problem of neglect by an employer who failed to provide adequate food, clothing and accommodation for staff and servants. It is punishable on conviction on indictment with imprisonment for a term not exceeding five years.

This section replaces section 1 of the Poor Law (Apprentices) Act 1851 (14 & 15 Vict c 11).

The offence of assault under that section has been replaced by one of doing or causing bodily harm.

See also the summary offence under section 6 of the Conspiracy and Protection of Property Act 1875
Conspiracy and Protection of Property Act 1875
The Conspiracy and Protection of Property Act 1875 is an Act of the Parliament of the United Kingdom relating to labour relations, which together with the Employers and Workmen Act 1875, fully decriminalised the work of trade unions...

 which could be committed by neglecting to provide medical aid.

Section 27 - Abandoning or exposing a child under the age of two

The offence is in practice obsolete, as it has been superseded by the offence of cruelty to persons under sixteen under section 1 of the Children and Young Persons Act 1933
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland...

. The exception to this is that it can be committed by a person who does not have responsibility for the child within the meaning of the 1933 Act (assuming that such a person can unlawfully abandon or expose a child), and also by a person who is under sixteen.

Explosives, etc.

Sections 28, 29, 30, and 64 created a range of criminal offences supplementing the Explosive Substances Act 1883
Explosive Substances Act 1883
The Explosive Substances Act 1883 is an Act of the Parliament of the United Kingdom. It makes it illegal to use -- or conspire or intend to use -- any explosive substance to cause an explosion likely to endanger life or cause serious injury to property, whether or not any explosion actually takes...

 and the Explosives Act 1875. These remain in force, although the Criminal Damage Act 1971 covers all aspects of the resulting damage to property and the Terrorism Act 2000
Terrorism Act 2000
The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996...

 deals with possession for terrorist purposes.

Section 28 replaces section 3 of the Arson Act 1846 (malicious injuries by fire).

Section 29 replaces section 4 of the Arson Act 1846.

Section 30 replaces the corresponding offence under section 6 of that Act; the other offences under that section being consolidated elsewhere.

Section 31 - Setting spring guns with intent to inflict grievous bodily harm

This section addresses the problem of those who wish to protect their property with hidden traps.

This section replaces sections 1 to 4 of the 7 & 8 Geo 4 c 18 (1827) (An Act to prohibit the setting of spring guns, mantraps and other engines calculated to destroy human life or inflict grievous bodily harm).

Causing danger on railways

Sections 32 to 34 protect the railways from those who place obstructions on the line, throw stones at the passing trains, and generally endanger the passengers.

Section 32 replaced the offence of attempting to endanger the safety of passeengers under section 6 of the Prevention of Offences Act 1851
Prevention of Offences Act 1851
The Prevention of Offences Act 1851 is an Act of the Parliament of the United Kingdom.It is still in force in the Republic of Ireland.It was retained for the Republic of Ireland by...

; the other offence being consolidated elsewhere.

Section 33 replaced section 7 of that Act.

Section 35 - Drivers of carriages injuring persons by furious driving


In England and Wales and Northern Ireland this section creates the offence of causing bodily harm by wanton or furious driving
Causing bodily harm by wanton or furious driving
Causing bodily harm by wanton or furious driving is a statutory offence in England and Wales and Northern Ireland. It has been abolished in the Republic of Ireland.-Statute:...

. It is repealed in the Republic of Ireland.

Section 36 - Assaulting or obstructing a clergyman in the execution of his duties


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...

 and 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...

, this section reads:
Repeals

The words omitted at the end were repealed by section 1(2) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...

 and the Criminal Justice Act (Northern Ireland) 1953.

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

"Divine service"

See Matthews v King [1934] 1 KB 505, 50 TLR 62, 30 Cox 27

"Misdemeanor"

See 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...

 and the Criminal Law Act (Northern Ireland) 1967.

Section 37 - Assault on any person authorized to preserve any shipwrecked vessel or goods


This offence is triable only on indictment and punishable with imprisonment for a term not exceeding seven years.

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Section 38


This section was repealed for Northern Ireland by section 7(3) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c.28) (N.I.). The offences of assault with intent to resist arrest and assaulting, etc. a peace officer under this section were replaced by section 7(1) of that Act.

Assault with intent to resist arrest

In England and Wales, this section creates the offence of assault with intent to resist arrest
Assault with intent to resist arrest
Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.-England and Wales:...

 and provides the penalty to which a person is liable on conviction of that offence on indictment.

Assaulting, resisting or wifully obstructing a peace officer in the execution of his duty

This offence was repealed and replaced by section 51 of the Police Act 1964
Police Act 1964
The Police Act 1964 was an Act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise local constabularies, and allowed for the amalgamation of existing...

. An assault on a constable in the execution of his duty can now be prosecuted summarily under section 89(1) of the Police Act 1996
Police Act 1996
The Police Act 1996 is an Act of the Parliament of the United Kingdom which defined the current police areas, constituted the current police authorities and set out the relationship between the Home Secretary and the territorial police forces. It replaced the Police and Magistrates Courts Act...

.

Assault with intent to commit felony

The repeal of this offence was consequential on the abolition of the distinction between felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

 and misdemeanour.

Section 39 - Assaults with intent to obstruct the sale of grain, or its free passage


Immediately before its repeal, in England and Wales, this section read:
Repeals

The words "and kept to hard labour" were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...

 and for Northern Ireland by section 1(2) of the Criminal Justice Act (Northern Ireland) 1953.

This section was repealed as it applied to England and Wales by section 1(1) of, and Group 5 of Part I of Schedule 1 to, the Statute Law (Repeals) Act 1989. It has not been replaced.

This section was repealed for the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Derivation

This section was derived from the corresponding provision in section 26 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...

, and replaced both that provision and section 2 of the 14 & 15 Vict c 92 (which applied to Ireland). The words in square brackets in the text of section 39 above are different to those in section 26 of the Offences against the Person Act 1828.

This offence was previously created by the Corn Trade Act 1737.

Mode of trial

This offence could be tried at quarter sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...

.

Proposals for repeal

In 1980, the Criminal Law Revision Committee
Criminal Law Revision Committee
The Criminal Law Revision Committee of England & Wales is a standing committee of learned legal experts that may be called upon by the Home Secretary to advise on legal issues and to report back recommendations for reform...

 recommended that sections 39 and 40 be repealed.

In a joint report dated 7 April 1989, the Law Commission
Law Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...

 and the Scottish Law Commission
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...

 said that, between them, the offences of common assault
Common assault
Common assault was an offence under the common law of England, and has been held now to be a statutory offence in England and Wales. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. It was thought to include battery...

, battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...

 and affray
Affray
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror of ordinary people...

, and the offences under the Criminal Damage Act 1971, made adequate provision for the punishment of any conduct that amounted to an offence under either section 39 or section 40. They said that the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...

 agreed that sections 39 and 40 served no further useful purpose. They recommended that both sections be repealed.

Section 40 - Assaults on seamen, etc


Immediately before its repeal, in England and Wales, this section read:
Repeals

The words omitted were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...

 and for Northern Ireland by section 1(2) of the Criminal Justice Act (Northern Ireland) 1953.

This section was repealed as it applied England and Wales by section 1(1) of, and Group 5 of Part I of Schedule 1 to, the Statute Law (Repeals) Act 1989. It has not been replaced.

This section was repealed for the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Derivation

This section was derived from and replaced the corresponding provision in section 26 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...

.

This offence was previously created by section 2 of the Shipping Offences Act 1793.

Appeal

The 20 & 21 Vict c 43 provided that either party could appeal to one of the superior courts of common law if they were dissatisfied with the determination of the justices as being erroneous in point of law.

Proposals for repeal

As to the recommendations of the Criminal Law Revision Committee, Law Commission, and Scottish Law Commission, see the preceding section of this article.

Section 41 - Assault arising from combination


The repeal of this section was consequential on the decriminalization of trade unions. See the Criminal Law Amendment Act 1871
Criminal Law Amendment Act 1871
The Criminal Law Amendment Act 1871 is an Act of the Parliament of the United Kingdom passed by W. E. Gladstone's Liberal Government...

 and the Trade Union Act 1871
Trade Union Act 1871
Trade Union Act 1871 was a Act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom.-Background:...

.

Section 42 - Common assault and battery


In England and Wales, this section has been repealed and has been replaced by section 39 of the Criminal Justice Act 1988. The Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...

, Schedule 6, increased the maximum fine to £200. (Entries relating to Offences Against the Person Act 1861 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16).

Section 39 of the Criminal Justice Act 1988 made the offence a summary only offences, and a person guilty of either assault or battery liable to a fine not exceeding level 5 (£5,000) on the standard scale and to imprisonment for a term not exceeding six months, or to both.

In Northern Ireland, this section was substituted by section 23(1) of the Criminal Justice Act (Northern Ireland) 1953 (c.14) (N.I.). Section 23(2) of that Act provides that any reference to this section in section 46 of the Summary Jurisdiction Act (Northern Ireland) 1953
Summary Jurisdiction Act (Northern Ireland) 1953
The Summary Jurisdiction Act 1953 is an Act of the Parliament of Northern Ireland that restricted the freedom of the press in relation to court proceedings in Northern Ireland. It prohibited the press from publishing any opening statements, and gave the magistrate discretion to forbid the...

, or in any other enactment, is to be construed as a reference to this section as amended by that Act. This provision is said to be for the removal of doubt.

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Section 43 - Aggravated assault and battery


This section replaces section 1 of the 16 & 17 Vict c 30 (1853) (aggravated assaults upon women and children)

In England and Wales, this section has been repealed and has not been replaced. The Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...

, Schedule 6, increased the maximum fine to £500.

In Northern Ireland, this section makes provision for the summary prosecution of aggravated assaults on women and children. The maximum fine for this offence was increased by section 60(2) of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 (c.13) (N.I.)

In the Republic of Ireland, this section was repealed by section 26 of, and the second schedule to, the Criminal Justice Act 1951 (No.2)

Section 44 and 45

In the Republic of Ireland, these sections was repealed by section 26 of, and the second schedule to, the Criminal Justice Act 1951 (No.2)

Section 46

This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Section 47


This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Assault occasioning actual bodily harm

In England and Wales, and in Northern Ireland, this section creates the offence of assault occasioning actual bodily harm and provides the penalty to which a person is liable on conviction of that offence on indictment.

In the Republic of Ireland this offence has been replaced by the offence of assault causing harm under section 3 of the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Common assault

In England and Wales, the provision in this section relating to common assault has been repealed.

In Northern Ireland, this section provides that a person who is convicted on indictment of common assault
Common assault
Common assault was an offence under the common law of England, and has been held now to be a statutory offence in England and Wales. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. It was thought to include battery...

 is liable to imprisonment for a term not exceeding two years. This penalty was substituted by virtue of article 4(2)(b) of the Criminal Justice (No.2) (Northern Ireland) Order 2004 and was previously imprisonment for a term not exceeding one year.

Rape, abduction and defilement of women


Section 48 - Rape

This section provided that a person guilty of rape
Rape in English law
-Statute:The offence is created by of the Sexual Offences Act 2003:-Consent, s.1 & & :This expression is defined by section 74. The evidential and conclusive presumptions created by sections 75 and 76 apply to this offence...

 was liable to be kept in penal servitude for life or for any term not less than three years or to be imprisoned (with or without hard labour) for any term not exceeding two years.

It was a revised version of section 16 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...

, incorporating the non-textual amendments made to that section by section 3 of the Substitution of Punishments of Death Act 1841 (4 & 5 Vict c 56) and section 2 of the Penal Servitude Act 1857. It replaced section 16 of the 1828 Act and the corresponding provision in section 3 of the 1841 Act, which were repealed.

In England and Wales, this section was repealed and replaced by section 1(1) of the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...

. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences by the Sexual Offences (Northern Ireland) Order 2008.

Section 49 - Procuring, by false pretences, false representations or other fraud, a girl under 21 to have illicit carnal connexion with any man

The expression 'illicit carnal connexion' means extramarital sexual intercourse.

This section replaced section 1 of the 12 & 13 Vict c 76 (1849) (procuring the defilement of women).

This section was repealed and replaced by section 2(1) of the Criminal Law Amendment Act 1885
Criminal Law Amendment Act 1885
The Criminal Law Amendment Act 1885 , or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes", was the latest in a 25-year series of legislation in the United Kingdom beginning with the Offences against the Person Act 1861 that...



Carnal knowledge of girls under 12

See carnal knowledge
Carnal knowledge
Carnal knowledge is an archaic or legal euphemism for sexual intercourse. The term derives from the Biblical usage of the verb know/knew, as in the King James and other versions, a euphemism for sexual conduct...



Section 50 replaced section 17 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...

 and the corresponding provision in section 3 of the Substitution of Punishments of Death Act 1841 (4 & 5 Vict c 56) and incorporated the non-textual amendment made by section 2 of the Penal Servitude Act 1857.

Sections 50 and 51 were repealed by section 2 of the Offences against the Person Act 1875
Offences against the Person Act 1875
The Offences against the Person Act 1875 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland...

. They were replaced by sections 3 and 4 of that Act (also replaced) which had a broader scope.

Section 52 - Indecent assault upon a female

In England and Wales, this section was repealed and replaced by section 14(1) of the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...

. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences.

Abduction

Sections 53 to 56 were repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Sections 53 and 54 created various offences of abduction, including:

Forcible abduction of any woman with intent to marry or carnally know her. This would be charged as the common law offences of kidnapping and false imprisonment, or rape, and/or human trafficking under the Sexual Offences Act 2003.

In England and Wales, section 53 was repealed and replaced by sections 17 and 18 of the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...

.
In England and Wales, section 54 was repealed and replaced by section 17(1) of the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...

.
In Northern Ireland, repeal of these sections was consequential upon the codification of the law relating to sexual offences.

Section 55 - Abduction of a girl under 16

In England and Wales, this section was repealed and replaced by section 20 of the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...

. In Northern Ireland, repeal of this section was consequential upon the codification of the law relating to sexual offences.

Child Stealing


Section 56 created the offence of child stealing. In England and Wales, it has been repealed and replaced by the Child Abduction Act 1984
Child Abduction Act 1984
The Child Abduction Act 1984 is an Act of the Parliament of the United Kingdom. It creates offences that replace, in England and Wales, the offence of child stealing under section 56 of the Offences against the Person Act 1861....

.

Bigamy


Section 57 - Bigamy
This section creates the offence 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...

. It 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...

.

Abortion


Section 58

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...

, 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...

 and the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

 this section creates the offence of using drugs or instruments to procure abortion. It replaces section 6 of the Offences against the Person Act 1837
Offences Against the Person Act 1837
The Offences against the Person Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland...

.

Section 59

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...

, 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...

 and the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

, this section creates an offence of supplying or procuring poison or instruments for the purpose of criminal abortion.

Concealing the birth of a child


Section 60 - Concealing the birth of a child

This section creates the offence of concealing the birth of a child. It replaces section 14 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...

.

Unnatural offences


Section 61 - Buggery

This section abolished the death penalty for buggery
Buggery
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...

, and provided instead that a person convicted of buggery was liable to be kept in penal servitude for life or for any term not less than ten years.

This section replaced section 15 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...

.

In England and Wales section 61 was repealed and replaced by section 12(1) of the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...

.

Section 62 - attempted buggery - assault with intent to commit buggery - indecent assault upon a male

In England and Wales section 62 was repealed and replaced by sections 15(1) and 16(1) of the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...

.

In Northern Ireland section 62 was found to be incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...

 and was repealed by the Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...

.

Carnal knowledge


Section 63 defined the expression "carnal knowledge
Carnal knowledge
Carnal knowledge is an archaic or legal euphemism for sexual intercourse. The term derives from the Biblical usage of the verb know/knew, as in the King James and other versions, a euphemism for sexual conduct...

". In England and Wales, this section was repealed and replaced by section 44 of the Sexual Offences Act 1956
Sexual Offences Act 1956
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act...

.

Other matters


Section 64: This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Section 65: search warrants for weapons, explosives and other articles intended for use in committing offences. This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Sections 66 to 79 dealt with supplemental matters.

Section 68 provides that indictable offences under the Act committed within the jurisdiction of the Admiralty are subject to the punishments to which they would be subject if they had been committed in England. If this provision was not redundant in 1861, it is now.

Section 73: This section was repealed in the Republic of Ireland by section 31 of, and the Schedule to, the Non-Fatal Offences Against the Person Act 1997
Non-Fatal Offences Against The Person Act 1997
The Non-Fatal Offences Against the Person Act 1997 is an Act of the Oireachtas which virtually codified the criminal law on offences against the person in the Republic of Ireland...

.

Consequential repeals


The repeal of sections replaced by this Act was effected by the Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c.95)

External links