Criminal Procedure Act 1853

Criminal Procedure Act 1853^[1]
	Parliament of the United Kingdom
Long title	An Act [for the better Prevention and Punishment of aggravated Assaults upon Women and Children, and] for preventing Delay and Expense in the Administration of certain Parts of the Criminal Law.
Citation	16 & 17 Vict. c. 30
Territorial extent	England and Wales
Dates
Royal assent	14 June 1853
Other legislation
Amended by	Criminal Statutes Repeal Act 1861
Status: Partially repealed
Text of statute as originally enacted
Revised text of statute as amended

Last updated October 24, 2024

The Criminal Procedure Act 1853 (16 & 17 Vict. c. 30) is an Act of the Parliament of the United Kingdom. It makes provision for the giving of evidence by prisoners otherwise than at their own trial.

Preamble

The preamble was repealed by the Statute Law Revision Act 1892.

Sections 1 to 8

Section 1 was repealed by section 1 of, and the Schedule to, the Act 24 & 25 Vict c 95. It is replaced by section 43 of the Offences against the Person Act 1861.

Section 2 was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Sections 3 to 8 were repealed by the Statute Law Revision Act 1892.

Section 9 – Bringing up a prisoner to give evidence

It shall be lawful for... any judge of the [High Court]... in any case where he may see fit to do so, upon application by affidavit, to issue a warrant or order under his hand for bringing up any prisoner or person confined in any gaol, prison, or place, under any sentence or under commitment for trial or otherwise, (except under process in any civil action, suit or proceeding,) before any court, judge, justice, or other judicature, to be examined as a witness in any cause or matter, civil or criminal depending or to be inquired of or determined in or before such court, judge, justice, or other judicature; and the person required by such warrant or order to be so brought before such court, judge, justice, or other judicature, shall be so brought under the same care and custody, and be dealt with in the like manner in all respects, as a prisoner required by any writ of habeas corpus awarded by any of her Majesty's Superior Courts of Law at [the Royal Courts of Justice] to be brought before such court to be examined as a witness in any cause or matter depending before such court is now by law required to be dealt with.^[4]

The words "One of Her Majesty's Principal Secretaries of State, or" in the first place were repealed by section 15 of, and the Schedule to, the Prison Act 1898.

The words "or Common Pleas, or any Baron of the Exchequer" in the second place were repealed by the Statute Law Revision Act 1892.

"High Court"

According to legislation.gov.uk these words were substituted by 224(1) of Supreme Court of Judicature (Consolidation) Act 1925. Halsbury's Statutes has the words "Court of Queen's Bench" instead. The jurisdiction of that court is now vested in the High Court.^[5]

"The Royal Courts of Justice"

According to legislation.gov.uk these words were substituted by 224(1) of Supreme Court of Judicature (Consolidation) Act 1925. Halsbury's Statutes has the word "Westminster" instead.

Section 10 – Extent of act

This section provided that this act did not extend to Scotland or Ireland.

In the United Kingdom, the reference to Ireland must now be construed as a reference to Northern Ireland.^[6]

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References

Halsbury's Statutes,
John Mounteney Lely. "The Criminal Procedure Act, 1853". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1894. Volume 3. Title "Criminal Law". Pages 85 to 87.
William Paterson (ed). "Aggravated Assaults Act". The Practical Statutes of the Session 1853. John Crockford. Essex Street, Strand, London. 1853. Pages 25 to 30.

↑ The citation of this Act by this short title was authorised by the Short Titles Act 1896.
↑ The words omitted from the title were repealed by the Statute Law Revision Act 1892.
↑ This is the effect of section 10 of the Act and the presumption that an Act extends to the United Kingdom unless the contrary is specified.
↑ "Criminal Procedure Act 1853". www.legislation.gov.uk.
↑ The Senior Courts Act 1981, section 19(2)
↑ The Irish Free State (Consequential Adaptation of Enactments) Order 1923 (SR&O 1923/405), article 2 (as read with the former section 1 of the Eire (Confirmation of Agreements) Act 1938 and sections 1(1) and (3) of the Ireland Act 1949).

External links

The Criminal Procedure Act 1853, as amended from the National Archives.
The Criminal Procedure Act 1853, as originally enacted from the National Archives.

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[1] The citation of this Act by this short title was authorised by the Short Titles Act 1896.

[2] The words omitted from the title were repealed by the Statute Law Revision Act 1892.

[3] This is the effect of section 10 of the Act and the presumption that an Act extends to the United Kingdom unless the contrary is specified.

[4] "Criminal Procedure Act 1853". www.legislation.gov.uk.

[5] The Senior Courts Act 1981, section 19(2)

[6] The Irish Free State (Consequential Adaptation of Enactments) Order 1923 (SR&O 1923/405), article 2 (as read with the former section 1 of the Eire (Confirmation of Agreements) Act 1938 and sections 1(1) and (3) of the Ireland Act 1949).

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