Treason Felony Act 1848
Encyclopedia
The Treason Felony Act 1848 (11 & 12 Vict. c. 12) is an Act
of the Parliament
of the United Kingdom of Great Britain and Ireland
. The Act is still in force. It is a law which protects HM the Queen
and the Crown
.
The offences in the Act were originally high treason
under the Sedition Act 1661 (later the Treason Act 1795
), and consequently the penalty was death. However it was found that juries were often reluctant to convict people of capital crimes, and it was thought that the conviction rate might increase if the sentence was reduced to exile to the penal colonies in Australia (the penalty today is life imprisonment). Consequently in 1848 three categories of treason (all derived from the 1795 Act) were reduced to felonies
. (This occurred during a period when the death penalty in the United Kingdom
was being abolished for a great many offences.)
It is treason felony to "compass
, imagine, invent, devise, or intend":
In 2001, The Guardian
newspaper mounted an unsuccessful legal challenge to the Act in the High Court
, alleging that the act "...makes it a criminal offence, punishable by life imprisonment, to advocate abolition of the monarchy in print, even by peaceful means..." They sought a declaration that the Human Rights Act 1998
had altered its meaning so that only violent conduct was criminal. The court held that this was a hypothetical question that did not deserve an answer, since they were not being prosecuted. The case eventually went to the House of Lords
on appeal in 2003. In a unanimous judgement the House agreed that the litigation was unnecessary, but most of the judges nevertheless agreed with (and none disagreed with) Lord Steyn's view that "the part of section 3 of the 1848 Act which appears to criminalise the advocacy of republicanism is a relic of a bygone age and does not fit into the fabric of our modern legal system. The idea that section 3 could survive scrutiny under the Human Rights Act is unreal."
The last reported case under the Act in the United Kingdom was in 1883, although the Act was used in Australia in 1916 to prosecute the "Sydney Twelve
."
or any shorter term.
In Northern Ireland, a person charged with treason felony may not be admitted to bail
except by order of the High Court or of the Secretary of State.
cannot legislate.
Penal transportation
was abolished in 1868, and the maximum sentence today is life imprisonment.
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....
. The Act is still in force. It is a law which protects HM the Queen
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
and the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
.
The offences in the Act were originally 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...
under the Sedition Act 1661 (later the Treason Act 1795
Treason Act 1795
The Sedition Act 1661 was an Act of the Parliament of England, although it was extended to Scotland in 1708. The long title was "An Act for Safety and Preservation of His Majesties Person and Government against Treasonable and Seditious practices and attempts"...
), and consequently the penalty was death. However it was found that juries were often reluctant to convict people of capital crimes, and it was thought that the conviction rate might increase if the sentence was reduced to exile to the penal colonies in Australia (the penalty today is life imprisonment). Consequently in 1848 three categories of treason (all derived from the 1795 Act) were reduced to felonies
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...
. (This occurred during a period when the death penalty in the United Kingdom
Capital punishment in the United Kingdom
Capital punishment in the United Kingdom was used from the creation of the state in 1707 until the practice was abolished in the 20th century. The last executions in the United Kingdom, by hanging, took place in 1964, prior to capital punishment being abolished for murder...
was being abolished for a great many offences.)
It is treason felony to "compass
Compass (law)
In Law, to compass is to purpose something. It is an individual that is imagining something or to plot a plan. Compassing signifies a purpose of the mind , and not carrying such design to effect....
, imagine, invent, devise, or intend":
- to deprive the Queen of her crown,
- to levy war against the Queen, or
- to "move or stir" any foreigner to invade the United Kingdom or any other country belonging to the Queen.
In 2001, The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
newspaper mounted an unsuccessful legal challenge to the Act in the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, alleging that the act "...makes it a criminal offence, punishable by life imprisonment, to advocate abolition of the monarchy in print, even by peaceful means..." They sought a declaration that the Human Rights Act 1998
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...
had altered its meaning so that only violent conduct was criminal. The court held that this was a hypothetical question that did not deserve an answer, since they were not being prosecuted. The case eventually went to the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
on appeal in 2003. In a unanimous judgement the House agreed that the litigation was unnecessary, but most of the judges nevertheless agreed with (and none disagreed with) Lord Steyn's view that "the part of section 3 of the 1848 Act which appears to criminalise the advocacy of republicanism is a relic of a bygone age and does not fit into the fabric of our modern legal system. The idea that section 3 could survive scrutiny under the Human Rights Act is unreal."
The last reported case under the Act in the United Kingdom was in 1883, although the Act was used in Australia in 1916 to prosecute the "Sydney Twelve
Sydney Twelve
The Sydney Twelve were members of the Industrial Workers of the World arrested on 23 September 1916 in Sydney, Australia, and charged with treason under the Treason Felony Act , arson, sedition and forgery....
."
Punishment and procedure
Treason felony is an indictable-only offence. It is punishable with imprisonment for lifeLife imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
or any shorter term.
In Northern Ireland, a person charged with treason felony may not be admitted to bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
except by order of the High Court or of the Secretary of State.
Scottish Parliament
Treason felony is a reserved matter on which the Scottish ParliamentScottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
cannot legislate.
Text
The wording of the relevant section of the Act is: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...
was abolished in 1868, and the maximum sentence today is life imprisonment.
Repealed provisions
Section 4 of the Act contained strict rules about treason felony when committed only by speaking. A conviction required a confession in open court, or the evidence of two witnesses to prove the words spoken. Also a prosecution had to be brought within six days of the offence. Section 4 was repealed by the Statute Law Revision Act 1891.Relevant cases
- R v. Mitchel (1848) 7 State Tr. N.S. 599
- R v. Cuffey (1848) 7 State Tr. N.S. 467, 12 JP 648
- R v. Meany (1867) 10 Cox CC 506, IR 1 CL 500
- Mulcahy v. R (1868) LR 3 HL 306
- R v. Davitt (1870) 11 Cox CC 676
- R v. Deasy (1883) 15 Cox CC 334
Parliamentary debates
- Hansard (House of Commons), 10 April 1848, vol. 98, col. 20 - 59 (first reading)
- Hansard (House of Commons), 10 April 1848, vol. 98, col. 74 - 135 (second reading)
- Hansard (House of Commons), 11 April 1848, vol. 98, col. 153 - 175 (motion to go into committee)
- Hansard (House of Commons), 12 April 1848, vol. 98, col. 223 - 259 (motion to go into committee)
- Hansard (House of Commons), 14 April 1848, vol. 98, col. 341 - 379 (committee)
- Hansard (House of Commons), 17 April 1848, vol. 98, col. 417 - 431 (report)
- Hansard (House of Commons), 18 April 1848, vol. 98, col. 453 - 479 (third reading)
- Hansard (House of Lords), 18 April 1848, vol. 98, col. 447 (first reading)
- Hansard (House of Lords), 19 April 1848, vol. 98, col. 486 - 507 (second reading)
- Hansard (House of Lords), 20 April 1848, vol. 98, col. 534 - 537 (third reading)
- Hansard (House of Lords), 22 April 1848, vol. 98 (royal assent)
See also
- Michael DavittMichael DavittMichael Davitt was an Irish republican and nationalist agrarian agitator, a social campaigner, labour leader, journalist, Home Rule constitutional politician and Member of Parliament , who founded the Irish National Land League.- Early years :Michael Davitt was born in Straide, County Mayo,...
and the Sydney TwelveSydney TwelveThe Sydney Twelve were members of the Industrial Workers of the World arrested on 23 September 1916 in Sydney, Australia, and charged with treason under the Treason Felony Act , arson, sedition and forgery....
, people convicted of treason felony - John Jervis (politician)John Jervis (politician)Sir John Jervis was an English lawyer, law reformer and Attorney General in the administration of Lord John Russell...
, attorney-general who drafted the Act - Capital punishment in the United KingdomCapital punishment in the United KingdomCapital punishment in the United Kingdom was used from the creation of the state in 1707 until the practice was abolished in the 20th century. The last executions in the United Kingdom, by hanging, took place in 1964, prior to capital punishment being abolished for murder...
- 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...
- 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...
- Republicanism in the United KingdomRepublicanism in the United KingdomRepublicanism in the United Kingdom is the movement which seeks to remove the British monarchy and replace it with a republic that has a non-hereditary head of state...
External links
- Lords halt challenge to treason law - The Guardian, Thursday June 26, 2003
- House of Lords judgement - UK Parliament website