Town Police Clauses Act 1847

Last updated

Town Police Clauses Act 1847
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom.
Long title An Act for consolidating in One Act certain Provisions usually contained in Acts for regulating the Police of Towns.
Citation 10 & 11 Vict. c. 89
Territorial extent 
  • England and Wales
  • Northern Ireland
  • Republic of Ireland
Dates
Royal assent 22 July 1847
Status: Partially repealed
Text of statute as originally enacted
Text of the Town Police Clauses Act 1847 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Town Police Clauses Act 1847 is an Act of the Parliament of the United Kingdom (10 & 11 Vict. c. 89). The statute remains in force in both the United Kingdom (except Scotland) and the Republic of Ireland, and is frequently used by local councils to close roads to allow public events such as processions or street parties to take place. The Act is also used to regulate the local hackney carriage, taxi and private-hire trade in many areas. It deals with a range of street obstructions and nuisances, for example, it makes it illegal to perform certain actions in a public street or other thoroughfare, such as hanging washing, beating carpets, and flying kites, [1] although many of those clauses were repealed in 2015. [2] Historically, it was highly significant legislating against indecent exposure, indecent acts, obscene publications, and prostitution.

Contents

Background

In 1847, the House of Commons Select Committee on Private Bills presented a report. In 1842 to 1843, the average number of private bills passed was 161, rising to an average of 347 from 1845 to 1846. By 21 July 1847, the House of Commons, 490 petitions for private bills were received that year. Already in place, resulting from early reports by the select committee, new mechanisms were in place to deal more efficiently with private bills. [3] [ clarification needed ]

Noting was that much of the business the House of Commons was dealing with were numerous private bills, which due to the clauses they contained, were essentially public bills. Drawing up private bills to deal with public functions had consequences. [3] The select committee wrote:

... some varying or interfering with the general statute or common law of the country; some, though ordinary in their nature, yet of a perplexing and needless diversity in form; and, finally, some so contradictory and mutually discordant as to render their enforcement impossible, and to make the law doubtful and embarrassing even to those who are professionally versed in it [4]

To provide uniformity in legislation in different geographical areas, to reduce the number of private bills about public functions, and to reduce expense, the select committee proposed eight public acts, each dealing with a different topic:

The police legislation was enacted as the Town Police Clauses Act 1847.

Original purposes of the act

The original Act covered six areas,

Provisions still in force

Many clauses of the act are still in force; these are provisions dealing with

The act is still relevant to policing the highway. Many offences in the act relating to nuisance and obstruction in the street, and the act is also a means of regulating road closures for special events. [7]

The law controls the use of fireworks, [8] [9] and the wanton discharge of firearms in the street. [9] A significant role is the licensing of hackney carriages. [10] It also prohibits the wanton furious driving of a horse and carriage in the street. [9] A role of the Act is to regulate peoples' behaviour. It remains an offence to be disorderly or insulting in a police station.

Until 2003, the Act was one piece of legislation against prostitution in a range of premises, including hotels. [11] Although superseded by other laws a conviction for indecency, deriving from the Act, is on a list of offences which can be used to identify those who present a risk, or potential risk, to children. [12]

See also

Related Research Articles

<span class="mw-page-title-main">Indecent exposure</span> Public indecency involving nudity

Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different countries. It ranges from outright prohibition of the exposure of any body parts other than the hands or face to prohibition of exposure of certain body parts, such as the genital area, buttocks or breasts.

<span class="mw-page-title-main">Hackney carriage</span> Car for hire

A hackney or hackney carriage is a carriage or car for hire. A hackney of a more expensive or high class was called a remise. A symbol of London and Britain, the black taxi is a common sight on the streets of the UK. The hackney carriages carry a roof sign TAXI that can be illuminated at night to indicate their availability for passengers.

Nuisance is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,

"an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".

<span class="mw-page-title-main">Criminal Law Amendment Act 1885</span> United Kingdom legislation

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 an Act of the Parliament of the United Kingdom, the latest in a 25-year series of legislation in the United Kingdom of Great Britain and Ireland beginning with the Offences against the Person Act 1861. It raised the age of consent from 13 years of age to 16 years of age and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against prostitution and homosexuality. This act was also notable for the circumstances of its passage in Parliament.

Local boards or local boards of health were local authorities in urban areas of England and Wales from 1848 to 1894. They were formed in response to cholera epidemics and were given powers to control sewers, clean the streets, regulate environmental health risks including slaughterhouses and ensure the proper supply of water to their districts. Local boards were eventually merged with the corporations of municipal boroughs in 1873, or became urban districts in 1894.

<span class="mw-page-title-main">Prostitution in the United Kingdom</span>

In Great Britain, the act of engaging in sex as part of an exchange of various sexual services for money is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are illegal. In Northern Ireland, which previously had similar laws, paying for sex became illegal from 1 June 2015.

<span class="mw-page-title-main">Metropolitan Police Act 1839</span> United Kingdom legislation

The Metropolitan Police Act 1839 is an Act of the Parliament of the United Kingdom. The Act enlarged the district of, and gave greatly increased powers to the Metropolitan Police established by the Metropolitan Police Act 1829. It is one of the Metropolitan Police Acts 1829 to 1895.

Clothing laws vary considerably around the world. In most countries, there are no laws which prescribe what clothing is required to be worn. However, the community standards of clothing are set indirectly by way of prosecution of those who wear something that is not socially approved. Those people who wear insufficient clothing can be prosecuted in many countries under various offences termed indecent exposure, public indecency, nudity or other descriptions. Generally, these offences do not themselves define what is and what is not acceptable clothing to constitute the offence, and leave it to a judge to determine in each case.

<span class="mw-page-title-main">Sexual Offences Act 1967</span> United Kingdom legislation

The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom. It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained the age of 21. The law was extended to Scotland by the Criminal Justice (Scotland) Act 1980 and to Northern Ireland by the Homosexual Offences Order 1982.

<span class="mw-page-title-main">Taxis of the United Kingdom</span> Transportation in form of taxicabs in the United Kingdom

Taxicabs are regulated throughout the United Kingdom, but the regulation of taxicabs in London is especially rigorous with regard to mechanical integrity and driver knowledge. An official report observed that: "Little however is known about the regulation by anyone outside the trade. The Public Carriage Office (PCO), which regulates and licenses taxis and private hire was transferred from the Metropolitan Police to become part of Transport for London in 2000." In 2015, there were around 298,000 licensed drivers in England, of which 164,000 were private hire licences, 62,000 were taxi licences and 72,000 were dual licences.

<span class="mw-page-title-main">Sources of Singapore law</span> Sources of law in Singapore

There are three general sources of Singapore law: legislation, judicial precedents, and custom.

<span class="mw-page-title-main">Civic Government (Scotland) Act 1982</span> United Kingdom legislation

The Civic Government (Scotland) Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters.

<span class="mw-page-title-main">Prostitution in Australia</span> History and nature of sex work (prostitution) in Australia

Prostitution or sex work in Australia is governed by state and territory laws, which vary considerably. Federal legislation also affects some aspects of sex work throughout Australia, and of Australian citizens abroad.

<span class="mw-page-title-main">Sexual Offences Act 1985</span> United Kingdom legislation

The Sexual Offences Act 1985 (c.44) was an Act of the Parliament of the United Kingdom that created two offences concerning prostitution, and increased the maximum sentence for attempted rape from seven years to life imprisonment. The act was applicable in England and Wales only.

<span class="mw-page-title-main">Scottish criminal law</span>

Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 and Prostitution (Scotland) Act 2007 which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Scots law is one of the few legal systems that require corroboration.

Prostitution in Northern Ireland is governed by the Human Trafficking and Exploitation Act 2015, which makes it illegal to pay for sex in Northern Ireland. Prior to the act coming into effect, prostitution in Northern Ireland was regulated by the same or similar laws to those in England and Wales, as it is elsewhere in the United Kingdom. At that time, prostitution in Northern Ireland was legal subject to a number of restraints which controlled certain activities associated with prostitution, such as soliciting, procuring, living on the proceeds of prostitution (pimping), exploitation of prostitutes, under-age prostitution, and keeping a brothel. However, devolution provided the opportunity for separate legislation in Northern Ireland.

The history of prostitution in Canada is based on the fact that Canada inherited its criminal laws from England. The first recorded laws dealing with prostitution were in Nova Scotia in 1759, although as early as August 19, 1675 the Sovereign Council of New France convicted Catherine Guichelin, one of the King's Daughters, with leading a "life scandalous and dishonest to the public", declared her a prostitute and banished her from the walls of Quebec City under threat of the whip. Following Canadian Confederation, the laws were consolidated in the Criminal Code. These dealt principally with pimping, procuring, operating brothels and soliciting. Most amendments to date have dealt with the latter, originally classified as a vagrancy offence, this was amended to soliciting in 1972, and communicating in 1985. Since the Charter of Rights and Freedoms became law, the constitutionality of Canada's prostitution laws have been challenged on a number of occasions.

<span class="mw-page-title-main">Ecclesiastical Courts Jurisdiction Act 1860</span> United Kingdom legislation

The Ecclesiastical Courts Jurisdiction Act 1860 is an Act of the Parliament of the United Kingdom. It is one of the Ecclesiastical Courts Acts 1787 to 1860.

<span class="mw-page-title-main">Modern Slavery Act 2015</span> United Kingdom legislation

The Modern Slavery Act 2015 is an Act of the Parliament of the United Kingdom. It is designed to combat modern slavery in the UK and consolidates previous offences relating to trafficking and slavery. The act extends essentially to England and Wales, but some provisions apply in Scotland and Northern Ireland.

<span class="mw-page-title-main">Vagrancy Act 1898</span> United Kingdom legislation

The Vagrancy Act 1898 was a piece of legislation in England and Wales that criminalised men who lived off the earnings of prostitution (pimping) and who solicited in public places. The bill was generally viewed as successful in its impact, leading to the similar Immoral Traffic (Scotland) Act.

References

  1. ↑ "Ever been drunk driving a steam engine?". BBC News. 17 January 2006.
  2. ↑ "Deregulation Act 2015" . Retrieved 2 December 2023.
  3. 1 2 3 House of Commons (1847). Third Report from the Select Committee on Private Bills together with Minutes of Evidence, Appendix, and Index. House of Commons.
  4. ↑ Third Report from the Select Committee on Private Bills together with Minutes of Evidence, Appendix, and Index. House of Commons. 1847. p. 8.
  5. 1 2 "Town Police Clauses Act 1847 (as enacted)" (PDF). legislation.Gov.UK. Retrieved 18 May 2018.
  6. ↑ "Town Police Clauses Act 1847 (as amended)". legislation.gov.uk. Retrieved 18 May 2018.
  7. ↑ South Somerset District Council (2018). "Road Closure for Special Events Under the Town Police Clauses Act 1847 - Application Form" (PDF). Archived from the original (PDF) on 20 August 2018.
  8. ↑ "Fire Safety Public Advice Fireworks and Firework Displays" (PDF). Isle of Wight Fire and Rescue Service. 2013.
  9. 1 2 3 Richard, Card (19 January 2017). Police law. English, J. (Jack) (15th ed.). Oxford. ISBN   9780198786801. OCLC   973732993.{{cite book}}: CS1 maint: location missing publisher (link)
  10. ↑ "Taxi Licencing". Newcastle City Council. 2015. Retrieved 18 May 2018.
  11. ↑ Adkins, Helen (2002). "The Problem of Prostitution". The Caterer. Retrieved 18 May 2018.
  12. ↑ "5.1 People Posing a Risk to Children - Guidance and Procedure". Hertfordshire Safeguarding Children Board. Retrieved 18 May 2018.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.