Criminal Law Act 1827

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Criminal Law Act 1827
Commencement
1 July 1827
Repealed1967
Other legislation
Repealed byCriminal Law Act 1967
Status: Repealed
Text of statute as originally enacted

The Criminal Law Act 1827 (

Act of the Parliament of the United Kingdom, applicable only to England and Wales. It abolished many obsolete procedural devices in English criminal law, particularly the benefit of clergy. It was repealed by the Criminal Law Act 1967
.

The Act has sixteen parts. Parts I - V concerned the formalities of

Court of Admiralty, Part XIII made provision for pardons
, and Parts XIV - XVI were interpretation and jurisdiction provisions.

Part I: Mode of trial

This part of the act stated:

if any Person not having

Privilege of Peerage, being arraigned upon any Indictment for Treason, Felony or Piracy, shall plead thereto a plea of "Not guilty", he shall by such Plea, without any further Form, be deemed to have put himself upon the Country for Trial.[2]

Before this enactment, defendants who pleaded "not guilty" to a charge of felony were formally obliged to choose their mode of trial, in a standard exchange with the

clerk of the court: "How wilt thou be tried?" "By God and my country." "God grant thee a good deliverance."[3] By this process, the prisoner elected jury trial rather than trial by ordeal: however, as trial by ordeal had been officially abolished by a statute of Henry III in 1219,[4]
: 507  the prisoner in fact had no choice to make. Part I of the 1827 act removed the requirement for this formality.

Part II: Consequences of refusal to plead

Historically, prisoners who refused to plead to an indictment were tortured, in a process known as

12 Geo. 3. c. 20)[5] abolished this: instead, prisoners who refused to answer the indictment were deemed to have pleaded "Guilty", and were then sentenced for the crime. The 1827 act reversed the position;[5] "if any Person being arraigned or charged with any Indictment or Information ... shall stand mute of Malice, or not answer directly to the Indictment or Information, in every Case it shall be lawful for the Court, if it shall so think fit, to order the proper Officer to enter a Plea of 'Not guilty' on behalf of such Person".[2]

Parts III - V

Part III of the act limited the number of

autrefois convict – "no Plea setting forth any Attainder shall be pleaded in bar of any Indictment unless the Attainder be for the same Offence as that charged in the Indictment."[2]
Part V prevented the jury from making any enquiries into the assets of the prisoner on a charge of felony – if the prisoner were convicted, these assets would be confiscated.

Parts VI - VII: Benefit of clergy

Part VI stated - "And be it enacted, That benefit of clergy, with respect to persons convicted of felony, shall be abolished".

4 & 5 Vict. c. 22).[7]

Part VII of the 1827 Act preserved the relief from the death penalty that was formerly available to felons entitled to claim benefit of clergy.[2]

Parts VIII - XI: Punishment of felons

Part VIII specified the penalties for felonies for which no punishment was explicitly prescribed:

consecutive sentences to be imposed on felons.[2]

Part XI provided for increased penalties (imprisonment for up to seven years or transportation for life) for repeat offenders, and made it a felony for any court official to produce fraudulent evidence of previous convictions.[2]

Part XII: Admiralty cases

Part XII prescribed that "all Offences prosecuted in the

High Court of Admiralty of England shall, upon every first and subsequent Conviction, be subject to the same Punishments, whether of Death or otherwise, as if such Offences had been committed upon the Land."[2]

Part XIII: Pardons

Part XIII dealt with pardons – "no free Pardon ... shall prevent or mitigate the Punishment to which the Offender might otherwise be lawfully sentenced on a subsequent Conviction".[2]

Parts XIV - XVI

Part XIV of the act stated that references to males in the act included females, references to singular persons included multiple persons, and that the Act applied to legal persons as well as natural persons.[2] Part XV specified the date on which the Act was to come into force (1 July 1827), and Part XVI excluded Scotland and Ireland from its provisions.

See also

References

  1. short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978
    .
  2. ^ a b c d e f g h i j Pratt, John Tidd (1827). A Collection of the Late Statutes Passed for the Administration of Criminal Justice in England. 52 Fleet St, London: W Benning. p. 69.{{cite book}}: CS1 maint: location (link)
  3. ^ Bouvier, John (1856). "Bouvier's Law Dictionary". Constitution Society. Retrieved 11 June 2016.
  4. ^
    ISBN 978-0-406-93053-8
    .
  5. ^
    ISBN 0814762042
    .
  6. ^ Burtsell, Richard (1907). "Benefit of Clergy". The Catholic Encyclopedia. New York: Robert Appleton Company. Retrieved 11 June 2016 – via New Advent.
  7. ^ Deedes, John; Merivale, Herman (1851). Law Society Reports. Vol. X. London: E B Ince. p. 27.

External links

  • Original text of the bill, from The Statutes of the United Kingdom of Great Britain and Ireland, Volumes 67-68, page 165 (via Google Books)
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