Capital punishment in the United Kingdom predates the formation of the UK, having been used in Britain and Ireland from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964; capital punishment for murder was suspended in 1965 and finally abolished in 1969 (1973 in Northern Ireland). Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last person to be executed for treason was William Joyce, in 1946. In 2004, Protocol No. 13 to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention (regardless of the UK's status in relation to the European Union). [1]
During the reign of Henry VIII, as many as 72,000 people are estimated to have been executed. [2] In Elizabethan England, the death penalty applied for treason, murder, manslaughter, infanticide, rape, arson, grand larceny (theft of goods worth more than a shilling), highway robbery, buggery, sodomy and heresy. Hanging was the method used for all but treason, which was punished by drawing, hanging and quartering for men, burning for women, and beheading for the nobility; and heresy, which was punished by burning. About 24% of those facing trial for such offences were actually executed. About 75% of hangings were for theft. [3]
Sir Samuel Romilly, speaking to the House of Commons on capital punishment in 1810, declared that "[there is] no country on the face of the earth in which there [have] been so many different offences according to law to be punished with death as in England". [4] Known as the "Bloody Code", at its height the criminal law included some 220 crimes punishable by death, including "being in the company of Gypsies for one month", "strong evidence of malice in a child aged 7–14 years of age"[ clarification needed ] and "blacking the face or using a disguise whilst committing a crime". Many of these offences had been introduced by the Whig oligarchy to protect the property of the wealthy classes that emerged during the first half of the 18th century, a notable example being the Black Act of 1723, which created 50 capital offences for various acts of theft and poaching. [5] Crimes eligible for the death penalty included shoplifting and stealing sheep, cattle, and horses, and before abolition of the death penalty for theft in 1832, "English law was notorious for prescribing the death penalty for a vast range of offences as slight as the theft of goods valued at twelve pence." [6]
Whilst executions for murder, burglary and robbery were common, the death sentences for minor offenders were often not carried out. A sentence of death could be commuted or respited (permanently postponed) for reasons such as benefit of clergy, official pardons, pregnancy of the offender or performance of military or naval duty. [7] Between 1770 and 1830, an estimated 35,000 death sentences were handed down in England and Wales, of which 7,000 executions were carried out. [8]
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In 1808, Romilly had the death penalty removed for pickpockets and lesser offenders, starting a process of reform that continued over the next 50 years. The death penalty was mandatory (although it was frequently commuted by the government) until the Judgement of Death Act 1823 gave judges the official power to commute the death penalty except for treason and murder. The Punishment of Death, etc. Act 1832 reduced the number of capital crimes by two-thirds. In 1832, the death penalty was abolished for theft, counterfeiting, and forgery except for the forgery of wills and certain powers of attorney. [6] [9]
Gibbeting was abolished in 1832 and hanging in chains was abolished in 1834. In 1837, the death penalty for forging wills and powers of attorney was abolished. The death penalty for rape and some other offences was abolished by the Substitution of Punishments of Death Act in 1841. [10] In 1861, several acts of Parliament (24 & 25 Vict. c. 94 to c. 100) further reduced the number of civilian capital crimes in England and Wales to five: murder, treason, espionage, arson in royal dockyards, and piracy with violence; there were other offences under military law. The 1866 report of the Royal Commission on Capital Punishment noted further obsolete capital offences in Scots law which had not yet been formally repealed. [11] The death penalty remained mandatory for treason and murder unless commuted by the monarch.
The 1866 royal commissioners concluded (with dissenters [12] ) that there was not a case for abolition but recommended an end to public executions. [13] This proposal was included in the Capital Punishment Amendment Act 1868. From that date executions in Great Britain were carried out only in prisons. The punishment of beheading and quartering those executed for treason was abolished in 1870. [14] The last application of that punishment had been in 1820 and the last sentence to the punishment had been in 1839. [15] [16]
The Criminal Procedure (Scotland) Act 1887 abolished the death penalty in Scots law for crimes other than murder, "treason or rebellion against the Sovereign", and (in theory but not in practice) certain types of attempted murder. [17] Relevant offences, which were obsolete or for which lesser punishments had long applied in practice, [11] included theft furtum grave ; [18] robbery or stouthrief; [19] piracy; [20] breaking into houses or ships; [21] destroying ships; [22] fire raising; [23] certain classes of malicious mischief; [24] beating and cursing parents; [25] hamesucken; [26] aggravated rape; [27] abduction; [28] returning to Scotland after banishment for performing a marriage without banns; [29] incest; [30] sodomy; [31] and bestiality. [32]
In 1908, the Children Act 1908 banned the execution of juveniles under the age of 16. In 1922 a new offence of infanticide was introduced to replace the charge of murder for mothers killing their children in the first year of life. In 1930 a parliamentary select committee recommended that capital punishment be suspended for a trial period of five years, but no action was taken. From 1931 pregnant women could no longer be hanged (following the birth of their child) although in practice since the 18th century their sentences had always been commuted.
In 1933 the minimum age for capital punishment was raised to 18 under the Children and Young Persons Act 1933. The last known execution by the civilian courts of a person under 18 was that of Charles Dobell, 17, hanged at Maidstone together with his accomplice William Gower, 18, in January 1889. Harold Wilkins, at 16 years old, was the last juvenile sentenced to the death penalty in the United Kingdom, in 1932 for a sexually related murder, but he was reprieved due to age. [33]
In 1938 the issue of the abolition of capital punishment was brought before parliament. A clause within the Criminal Justice Bill called for an experimental five-year suspension of the death penalty. When war broke out in 1939 the bill was postponed. It was revived after the war in 1948 and to much surprise[ citation needed ] was adopted by a majority in the House of Commons (245 to 222). In the House of Lords the abolition clause was defeated but the remainder of the bill was passed as the Criminal Justice Act 1948. Popular support for abolition was absent and the government decided that it would be inappropriate for it to assert its supremacy by invoking the Parliament Act 1911 over such an unpopular issue.
The then Home Secretary, James Chuter Ede, instead set up a new royal commission (the Royal Commission on Capital Punishment, 1949–1953) with instructions to determine "whether the liability to suffer capital punishment should be limited or modified". The commission's report discussed a number of alternatives to execution by hanging (including the electric chair, gas inhalation, lethal injection, shooting, and the guillotine), but rejected them. It had more difficulty with the principle of capital punishment. Popular opinion believed that the death penalty acted as a deterrent to criminals, but the statistics within the report were inconclusive. Whilst the report recommended abolition from an ethical standpoint, it made no mention of possible miscarriages of justice.[ citation needed ]
The public had by then expressed great dissatisfaction with the verdict in the case of Timothy Evans, who was tried and hanged in 1950 for murdering his infant daughter. It later transpired in 1953 that John Christie had strangled at least six women in the same house; he also confessed to killing Timothy's wife. If the jury in Evans's trial had known this, Evans might have been acquitted. There were other cases in the same period where doubts arose over convictions and subsequent hangings, such as the notorious case of Derek Bentley.[ citation needed ]
The commission concluded that unless there was overwhelming public support in favour of abolition, the death penalty should be retained.
Between 1900 and 1949, 621 men and 11 women were executed in England and Wales. Ten German agents were executed during the First World War under the Defence of the Realm Act 1914, [34] and 16 spies were executed during the Second World War under the Treachery Act 1940. [35]
Whereas the 1866 Naval Discipline Act made "All Spies for the Enemy" subject to death, the Naval Discipline Act 1957 only made spying capital for non-naval personnel if it occurred on naval ships or bases. [36] (The Official Secrets Act 1911 had created a separate non-capital spying offence. [37] )
By 1957 a number of controversial cases highlighted the issue of capital punishment again. Campaigners for abolition were partially rewarded with the Homicide Act 1957. The Act brought in a distinction between capital and non-capital murder.
Only six categories of murder were now punishable by execution:
The police and the government were of the opinion that the death penalty deterred offenders from carrying firearms and it was for this reason that such offences remained punishable by death.
The 1957 act was the last time a three-line whip was imposed in Parliament on the death penalty. Apart from the 1948 Commons decision to accede to the Lords' amendment, all other votes from the 1939 suspension bill to the 1994 reintroduction motion have been free votes with the issue regarded as a matter of conscience. [38] [39] These have been instigated by a backbencher (by motion or private member's bill) rather than on behalf of the Government or the official Opposition. [39] Some commentators see this conscience treatment as a way for political parties to insulate themselves from a backlash over an issue on which their leadership's support for abolition differed from public support for the death penalty. [39] [40]
In 1965 the Labour MP Sydney Silverman, who had committed himself to the cause of abolition for longer than 20 years, introduced a Private Member's Bill to suspend the death penalty for murder. It was passed on a free vote in the House of Commons by 200 votes to 98. The bill was subsequently passed by the House of Lords by 204 votes to 104. [42] [43] Silverman was opposed in the General Election 1966 in the Nelson and Colne constituency by Patrick Downey, the uncle of Lesley Anne Downey, a victim in the Moors murders case, who stood on an explicitly pro-hanging platform. Downey polled over 5,000 votes, 13.7%, then the largest vote for a genuinely independent candidate since 1945. [44]
The Murder (Abolition of Death Penalty) Act 1965 suspended the death penalty in Great Britain (but not in Northern Ireland) for murder for a period of five years, and substituted a mandatory sentence of life imprisonment; it further provided that if, before the expiry of the five-year suspension, each House of Parliament passed a resolution to make the effect of the Act permanent, then it would become permanent. In 1969 the Home Secretary, James Callaghan, proposed a motion to make the Act permanent, which was carried in the Commons on 16 December 1969, [45] and a similar motion was carried in the Lords on 18 December. [46] The death penalty for murder was abolished in Northern Ireland on 25 July 1973 under the Northern Ireland (Emergency Provisions) Act 1973.
Following the abolition of the death penalty for murder, the House of Commons held a vote during each subsequent parliament until 1997 to restore the death penalty. This motion was always defeated, but the death penalty remained for other crimes until the dates mentioned below:
However, no executions were carried out in the United Kingdom for any of these offences after the abolition of the death penalty for murder.
Nevertheless, there remained a working gallows at HMP Wandsworth, London, until 1994, which was tested every six months until 1992. This gallows is now housed in the National Justice Museum in Nottingham. [47]
England and in the United Kingdom: on 13 August 1964, Peter Anthony Allen, at Walton Prison in Liverpool, and Gwynne Owen Evans, at Strangeways Prison in Manchester, were executed for the murder of John Alan West on 7 April that year. [48]
In 1955 Ruth Ellis was the last woman to be hanged in Britain; for the murder of her lover David Blakely.
Scotland: Henry John Burnett, 21, on 15 August 1963 in Craiginches Prison, Aberdeen, for the murder of seaman Thomas Guyan.
Northern Ireland: Robert McGladdery, 26, on 20 December 1961 in Crumlin Road Gaol, Belfast, for the murder of Pearl Gamble.
Wales: Vivian Teed, 24, in HMP Swansea on 6 May 1958, for the murder of William Williams, sub-postmaster of Fforestfach Post Office. [49]
Northern Ireland: Liam Holden in 1973 in Northern Ireland, for the capital murder of a British soldier during the Troubles. Holden was removed from the death cell in May 1973. [50] In 2012 his conviction was quashed on appeal on the grounds that his confession was obtained by torture. [51]
England: David Chapman, who was sentenced to hang in November 1965 for the murder of a swimming pool nightwatchman in Scarborough. [52] He was released from prison in 1979 and later died in a car accident.
Scotland: Patrick McCarron in 1964 for shooting his wife. He killed himself in prison in 1970.
Wales: Edgar Black, who was reprieved on 6 November 1963. He had shot his wife's lover in Cardiff.
The Criminal Damage Act 1971 abolished the offence of arson in royal dockyards.
The Armed Forces Act 1981 abolished the death penalty for the civilian offence of spying in navy ships or bases which had been created by the Naval Discipline Act 1957. [53]
Beheading was abolished as a method of execution for treason in 1973. [54] Hanging, however, remained available until 30 September 1998 [55] when, under a House of Lords amendment to the Crime and Disorder Act 1998, proposed by Lord Archer of Sandwell, the death penalty was abolished for treason and piracy with violence, replacing it with a discretionary maximum sentence of life imprisonment. These were the last civilian offences punishable by death.
On 20 May 1998 the House of Commons voted to ratify the 6th Protocol of the European Convention on Human Rights prohibiting capital punishment except "in time of war or imminent threat of war". The last remaining provisions for the death penalty under military jurisdiction (including in wartime) were removed when section 21(5) of the Human Rights Act 1998 came into force on 9 November 1998. On 10 October 2003, effective from 1 February 2004, [56] the UK acceded to the 13th Protocol, which prohibits the death penalty in all circumstances. [57]
As a legacy from colonial times, several states in the West Indies still had the British Judicial Committee of the Privy Council as the court of final appeal; although the death penalty has been retained in these states, the Privy Council would sometimes delay or deny executions. Some of these states severed links with the British court system in 2001 by transferring the responsibilities of the Privy Council to the Caribbean Court of Justice, to speed up executions. [58]
Although not part of the United Kingdom, the Isle of Man and the bailiwicks of Guernsey and Jersey are British Crown dependencies.
In the Channel Islands, the last death sentence was passed in 1984; the last execution in the Channel Islands was in Jersey on 9 October 1959, when Francis Joseph Huchet was hanged for murder. [59] The Human Rights (Amendment) (Jersey) Order 2006 [60] amends the Human Rights (Jersey) Law 2000 [61] to give effect to the 13th Protocol of the European Convention on Human Rights providing for the total abolition of the death penalty. Both of these laws came into effect on 10 December 2006. Capital punishment was abolished in Guernsey in 2003, and the 13th Protocol was extended to Guernsey in April 2004. Sark (which is part of Guernsey but has its own laws) formally retained it until January 2004, when the Chief Pleas in a 14–9 vote removed it from the statutes. [62] [63]
The last execution on the Isle of Man took place in 1872, when John Kewish was hanged for patricide. Capital punishment was not formally abolished by Tynwald (the island's parliament) until 1993. [64] Five persons were sentenced to death (for murder) on the Isle of Man between 1973 and 1992, although all sentences were commuted to life imprisonment. The last person to be sentenced to death in the UK or its dependencies was Anthony Teare, who was convicted at the Manx Court of General Gaol Delivery in Douglas for contract murder in 1992; he was subsequently retried and sentenced to life imprisonment in 1994. [65] In 2004 the 13th Protocol was adopted, [66] with an effective date of 1 November 2006. [67]
Like the Crown dependencies, the British overseas territories are constitutionally not part of the United Kingdom. However, the British government's ultimate responsibility for good governance of the territories has led it over recent years to pursue a policy of revoking all statutory provision for the death penalty in those territories where it had up until recently been legal.
The last executions in an overseas territory, and indeed the last on British soil, took place in Bermuda in 1977, when two men, Larry Tacklyn and Erskine Burrows, were hanged for the 1973 murder of the territory's then governor, Sir Richard Sharples. [68] In a 1990 referendum with a 33% turnout, 79% of Bermudian voters opted to retain the death penalty. [69]
In 1991, the British government passed an Order in Council, the Caribbean Territories (Abolition of Death Penalty for Murder) Order 1991, which abolished capital punishment for murder in Anguilla, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks and Caicos Islands. [70]
The British government was unable to extend the abolition via Order in Council to Bermuda, the UK's most autonomous overseas territory with powers of almost total self-governance—but warned that if voluntary abolition was not forthcoming it would be forced to consider the unprecedented step of "whether to impose abolition by means of an Act of Parliament". [71] As a result, the Bermudian government introduced its own domestic legislation in 1999 to rectify the problem. [72]
Further measures were subsequently adopted to revoke technicalities in British overseas territories' domestic legislation as regards use of the death penalty for crimes of treason and piracy. In October 2002 the British government abolished the death penalty for treason and piracy in the Turks and Caicos Islands. [73] Since then, the death penalty has been outlawed under all circumstances in all the UK's overseas territories. [74]
Under section 94 of the Extradition Act 2003, it is unlawful for an extradition of an individual to take place if the individual is accused of a capital crime, unless the Home Secretary has received assurances that the death penalty would not be applied in that case. [75] [76] Regardless of this, in July 2018, the Government said it would not object to the United States seeking the death penalty for two suspected British members of ISIS captured by the Syrian Democratic Forces. [77] [78] Although not strictly an extradition case, in response to an urgent question in Parliament on the matter, the Government stated that they still held the policy "to oppose the death penalty in all circumstances as a matter of principle". [79]
Since the death penalty's suspension in 1965, there have been continued public and media calls for its reintroduction, particularly prompted by high-profile murder cases.
At the same time, there have been a number of miscarriages of justice since 1965 where persons convicted of murder have later had their convictions quashed on appeal and been released from prison, strengthening the argument of those who oppose the death penalty's reintroduction. These include the Birmingham Six (cleared in 1991 of planting an IRA bomb which killed 21 people in 1974), the Guildford Four (cleared in 1989 of murdering five people in another 1974 IRA bombing), Stephen Downing (a Derbyshire man who was freed in 2001 after serving 27 years for the murder of a woman in a churchyard) and Barry George (who was freed in 2007 when his conviction for the 1999 murder of TV presenter Jill Dando was quashed on appeal). [80]
Perhaps the first high-profile murder case which sparked widespread calls for a return of the death penalty was the Moors murders trial in 1966, the year after the death penalty's suspension, in which Ian Brady and Myra Hindley were sentenced to life imprisonment for the murders of two children and a teenager in the Manchester area (they later confessed to a further two murders). [81] Later in 1966, the murder of three policemen in West London also attracted widespread public support for the death penalty's return. [82] Other subsequent high-profile cases to have sparked widespread media and public calls for the death penalty's return include "Yorkshire Ripper" Peter Sutcliffe, convicted in 1981 of murdering 13 women and attacking seven others in the north of England; [83] Roy Whiting, who murdered a seven-year-old girl in West Sussex in 2000; [84] and Ian Huntley, a Cambridgeshire school caretaker who killed two 10-year-old girls in 2002. [85]
A November 2009 television survey showed that 70% favoured reinstating the death penalty for at least one of the following crimes: armed robbery, rape, crimes related to paedophilia, terrorism, adult murder, child murder, child rape, treason, child abuse or kidnapping. However, respondents only favoured capital punishment for adult murder, the polling question asked by other organisations such as Gallup, by small majorities or pluralities: overall, 51% favoured the death penalty for adult murder, while 56% in Wales did, 55% in Scotland, and only 49% in England. [86]
In August 2011, the Internet blogger Paul Staines—who writes the political blog Guido Fawkes and heads the Restore Justice Campaign—launched an e-petition on the Downing Street website calling for the restoration of the death penalty for those convicted of the murder of children and police officers. [87] The petition was one of several in support or opposition of capital punishment to be published by the government with the launch of its e-petitions website. Petitions attracting 100,000 signatures would prompt a parliamentary debate on a particular topic, but not necessarily lead to any Parliamentary Bills being put forward. [88] When the petition closed on 4 February 2012 it had received 26,351 signatures in support of restoring capital punishment, [89] but a counter-petition calling to retain the ban on capital punishment received 33,455 signatures during the same time period. [90]
Also in August 2011, a representative survey conducted by Angus Reid Public Opinion showed that 65% of Britons support reinstating the death penalty for murder in Great Britain, while 28% oppose this course of action. Men and respondents aged over 35 are more likely to endorse the change. [91]
In March 2015 a survey by the NatCen British Social Attitudes Report showed that public support for the death penalty had dropped to 48%. [92]
In April 2021 a poll found that 54% of Britons said they would support reinstating the death penalty for those convicted of terrorism in the UK. About a quarter (23%) of respondents said they would be opposed. [93]
After Royal Assent for the Murder (Abolition of Death Penalty) Act 1965, supporters in Parliament have made several attempts to reintroduce capital punishment. On 23 November 1966, Duncan Sandys was refused leave to bring in a Bill to restore capital punishment for the murder of police or prison officers, by a vote of 170 to 292. [94] Motions to make the five-year suspension of capital punishment under the 1965 Act permanent were opposed, but agreed by 343 to 185 in the House of Commons; [95] in the House of Lords, an amendment to continue with a temporary suspension of capital punishment until 31 July 1973 was rejected by 174 to 220. [96] In April 1973, the House of Commons voted against reintroduction. [97]
The deaths of civilians in several IRA bombings in 1974 prompted a renewed debate. On 11 December 1974 Brian Walden moved a motion declaring that "the death penalty would neither deter terrorists nor increase the safety of the public"; Jill Knight moved an amendment calling instead for introduction of legislation providing for death to be the penalty for acts of terrorism causing death. Her amendment was rejected by 217 to 369. [98] A year later, Ivan Lawrence's motion "That this House demands capital punishment for terrorist offences causing death" was rejected by 232 to 361. [99]
"I, personally, have always voted for the death penalty, because I believe that people who go out prepared to take the lives of other people forfeit their own right to live. I believe that that death penalty should be used only rarely. But I believe that no one should go out certain that, no matter how cruel, how vicious, how hideous their murder, they themselves will not suffer the death penalty."
After the Conservatives' victory in the 1979 general election, Eldon Griffiths (Parliamentary adviser to the Police Federation of England and Wales) moved a motion "that the sentence of capital punishment should again be available to the courts" on 19 July 1979. [101] While the motion was not expected to pass, the margin of its defeat (243 to 362) was much wider than expected. [102] Later in the same Parliament, the Criminal Justice Bill provided an opportunity on 11 May 1982 for several new clauses to be proposed which would have reinstated capital punishment. The first, which simply declared that "A person convicted of murder shall be liable to capital punishment", was tabled by Edward Gardner, and rejected by 195 to 357. [103] It was followed by an alternative under which capital punishment would be available "as the penalty for an act of terrorism involving the loss of human life"; this new clause was rejected by 176 to 332. [104] A further new clause proposing capital punishment "as the penalty for murder by means of firearms or explosives" was rejected by 176 to 343. [105] Then a new clause allowing for capital punishment "as the penalty for murder of a police or prison officer" was rejected by 208 to 332. [106] Finally, a new clause allowing capital punishment "as the penalty for murder in the course of robbery and burglary which involves the use of offensive weapons" was rejected by 151 to 331. [107]
The new Parliament in 1983 again prompted supporters of capital punishment to put their case. Sir Edward Gardner's motion "That this House favours the restoration of the death penalty for murder" was debated on 13 July 1983, with several amendments moved to restrict capital punishment to certain categories of murder. The amendments were voted on first: capital punishment for murder "resulting from acts of terrorism" was rejected by 245 to 361, for murder "of a police officer during the course of his duties" by 263 to 344, for murder "of a prison officer during the course of his duties" by 252 to 348, for murder "by shooting or causing an explosion" by 204 to 374, and for murder "in the course or furtherance of theft" by 194 to 369. The main motion was then defeated by 223 to 368. [108] Towards the end of the Parliament, a new clause proposed to the Criminal Justice Bill proposed to return the death penalty for "A person convicted by the unanimous verdict of a jury of the premeditated killing of another person or of knowingly and intentionally killing another person in a manner, or for a reason, or in circumstances which a reasonable person would consider to be evil" was rejected by 230 to 342 on 1 April 1987. [109]
The Criminal Justice Bill in 1988 provided a further opportunity for a debate; the new clause proposed by Roger Gale allowed for the jury in a murder case to "have the power, upon reaching a verdict of guilt of murder, to recommend ... death in the manner authorised by law". It was rejected by 218 to 341. [110] [111]
The aforementioned bills were rejected despite support from then Prime Minister Margaret Thatcher. [112]
On 17 December 1990 a new Criminal Justice Bill again saw amendments designed to reintroduce capital punishment. The first covered anyone over 18 "convicted of the murder of a police officer acting in the execution of his duty" and was rejected by 215 to 350; [113] a general reintroduction of death as the penalty for murder (with special provision for the Court of Appeal to decide whether to substitute a life sentence) was then rejected by 182 to 367. [114] Capital punishment for "murder committed by means of firearms, explosives or an offensive weapon, or for the murder of a police or prison officer" was rejected by 186 to 349. [115]
A Parliamentary debate on a question proposing reintroduction of capital punishment came on 21 February 1994 when new clauses to the Criminal Justice and Public Order Bill were moved. The first, providing for death as the sentence for "the murder of a police officer acting in the execution of his duty", was rejected by 186 to 383; [116] A new clause providing for general reintroduction with power for the Court of Appeal to substitute life imprisonment was rejected by 159 to 403. [117] This would have been aimed at terrorists in the Northern Ireland conflict. [118]
In June 2013 a new bill for capital punishment in England and Wales was introduced, sponsored by Conservative MP Philip Hollobone. This Bill was withdrawn. [119]
The British Democrats, [120] Britain First [121] and UK Independence Party (UKIP) [122] have policies for a referendum on the reintroduction of the death penalty in the UK.
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Capital punishment in Canada dates to Canada's earliest history, including its period as first a French then a British colony. From 1867 to the elimination of the death penalty for murder on July 26, 1976, 1,481 people had been sentenced to death, and 710 had been executed. Of those executed, 697 were men and 13 women. The only method used in Canada for capital punishment of civilians after the end of the French regime was hanging. The last execution in Canada was the double hanging of Arthur Lucas and Ronald Turpin on December 11, 1962, at Toronto's Don Jail. The National Defence Act prescribed the death penalty for certain military offences until 1999, although no military executions had been carried out since 1946.
Capital punishment – the process of sentencing convicted offenders to death for the most serious crimes and carrying out that sentence, as ordered by a legal system – first appeared in New Zealand in a codified form when New Zealand became a British colony in 1840. It was first carried out with a public hanging in Victoria Street, Auckland in 1842, while the last execution occurred in 1957 at Mount Eden Prison, also in Auckland. In total, 85 people have been lawfully executed in New Zealand.
Arson in royal dockyards and armories was a criminal offence in the United Kingdom and the British Empire. It was among the last offences that were punishable by capital punishment in the United Kingdom. The crime was created by the Dockyards etc. Protection Act 1772 passed by the Parliament of Great Britain, which was designed to prevent arson and sabotage against vessels, dockyards, and arsenals of the Royal Navy.
The Murder Act 1965 is an act of the Parliament of the United Kingdom. It abolished the death penalty for murder in Great Britain. The act replaced the penalty of death with a mandatory sentence of imprisonment for life.
The Treason Act 1814 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which modified the penalty for high treason for male convicts.
Capital punishment is forbidden by the Charter of Fundamental Rights and Freedoms of the Czech Republic and is simultaneously prohibited by international legal obligations arising from the Czech Republic's membership of both the Council of Europe and the European Union.
Walter James Bolton was a New Zealand farmer who was found guilty of poisoning his wife. He is known as the last person to be executed in New Zealand before the abolition of capital punishment.
Capital punishment is forbidden in Switzerland under article 10, paragraph 1 of the Swiss Federal Constitution. Capital punishment was abolished from federal criminal law in 1942, but remained available in military criminal law until 1992. The last actual executions in Switzerland took place during World War II.
Capital punishment in Australia has been abolished in all jurisdictions since 1985. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.
Capital punishment in Malaysia is used as a penalty within its legal system for various crimes. There are currently 27 capital crimes in Malaysia, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2007, rape resulting in death. Executions are carried out by hanging. Capital punishment was mandatory for 11 crimes for many years. In October 2018, the government imposed a moratorium on all executions with a view to repeal the death penalty altogether, before it changed its stance and agreed to keep the death penalty but would make it discretionary.
Capital punishment in Armenia was a method of punishment that was implemented within Armenia's Criminal Code and Constitution until its eventual relinquishment in the 2003 modifications made to the Constitution. Capital punishment's origin in Armenia is unknown, yet it remained present in the Armenia Criminal Code of 1961, which was enforced and applied until 1999. Capital punishment was incorporated into Armenian legislation and effectuated for capital crimes, which were crimes that were classified to be punishable by death, including treason, espionage, first-degree murder, acts of terrorism and grave military crimes.
Capital punishment in the Republic of Ireland was abolished in statute law in 1990, having been abolished in 1964 for most offences including ordinary murder. The last person to be executed was Michael Manning, hanged for murder in 1954. All subsequent death sentences in the Republic of Ireland, the last handed down in 1985, were commuted by the President, on the advice of the Government, to terms of imprisonment of up to 40 years. The Twenty-first Amendment to the constitution, passed by referendum in 2001, prohibits the reintroduction of the death penalty, even during a state of emergency or war. Capital punishment is also forbidden by several human rights treaties to which the state is a party.
Capital punishment in Romania was abolished in 1990, and has been prohibited by the Constitution of Romania since 1991.
To be hanged, drawn and quartered was a method of torturous capital punishment used principally to execute men convicted of high treason in medieval and early modern Britain and Ireland. The convicted traitor was fastened to a hurdle, or wooden panel, and drawn behind a horse to the place of execution, where he was then hanged, emasculated, disembowelled, beheaded, and quartered. His remains would then often be displayed in prominent places across the country, such as London Bridge, to serve as a warning of the fate of traitors. The punishment was only ever applied to men; for reasons of public decency, women convicted of high treason were instead burned at the stake.
Capital punishment is legal in Tonga, but has not been imposed since 1982. The country's lack of executions puts it into the category of a state abolitionist in practice, where it retains the death penalty in law but has had a formal or informal moratorium for at least ten years. Tonga's low rate of murder convictions forms part of the reason for the lack of executions, as well as its courts’ apparent unwillingness to impose the penalty unless it appears absolutely necessary to do so.
The island country of Jersey is a state in which capital punishment has been abolished.
Capital punishment in Montenegro was first prescribed by law in 1798. It was abolished on 19 June 2002. The last execution, by shooting, took place on 29 January 1981, and the two last death sentences were pronounced on 11 October 2001. Montenegro is bound by the following international conventions prohibiting capital punishment : Second Optional Protocol to the International Covenant on Civil and Political Rights, as well as Protocols No. 6 and No. 13 to the European Convention on Human Rights. Article 26 of the Montenegrin Constitution (2007) that outlawed the death penalty states: "In Montenegro, capital punishment punishment is forbidden”.
Capital punishment has been abolished in Seychelles. The country permanently abolished the death penalty by a Constitutional amendment in June 1993.
Capital punishment is not a legal penalty in Samoa. The death penalty was used in the colonial era, but the practice had ceased by the time of independence in 1962, with death sentences being commuted to life imprisonment, and it was formally abolished in 2004. The last execution was carried out in 1952.
the death penalty was eventually restricted by the Criminal Procedure (Scotland) Act 1887 to cases of murder, attempted murder and treason.
There were 8,536 votes in favour of retention of the death penalty and 2,237 in favour of abolition
Rounding out the actual numbers, of the 33,700 eligible voters, 10,800 bothered to show up. This was a third of the electorate. There were 109 spoilt ballots
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: CS1 maint: location missing publisher (link)Hansard notes (Parliament of the United Kingdom):
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