Act of Parliament | |
Long title | An Act for the further Prevention of malicious shooting, and attempting to discharge loaded Fire-Arms, stabbing, cutting, wounding, poisoning, and the malicious using of Means to procure the Miscarriage of Women; and also the malicious setting Fire to Buildings; and also for repealing a certain Act, made in England in the twenty-first Year of the late King James the First, intituled, An Act to prevent the destroying and murthering of Bastard Children; [lower-alpha 1] and also an Act made in Ireland in the sixth Year of the Reign of the late Queen Anne, also intituled, An Act to prevent the destroying and murthering of Bastard Children; [lower-alpha 2] and for making other Provisions in lieu thereof. |
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Citation | 43 Geo. 3. c. 58 |
Dates | |
Royal assent | 24 June 1803 |
Repealed |
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Other legislation | |
Repeals/revokes |
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Amended by | |
Repealed by | |
Status: Repealed |
43 Geo. 3. c. 58, commonly called Lord Ellenborough's Act [1] and sometimes referred to as the Malicious Shooting Act 1803 [2] or the Malicious Shooting or Stabbing Act 1803, [3] is an Act of the Parliament of the United Kingdom of Great Britain and Ireland.
The Bill was proposed by the Lord Chief Justice of England and Wales, Edward Law, 1st Baron Ellenborough. Lord Ellenborough wished to clarify the law relating to abortion, which, at the time, was not clearly defined in the common law. The bill was introduced in the House of Lords in March 1803 as the Malicious Shootings Bill and also included provisions for clarifying certain other offences. After various amendments it was passed to the House of Commons on 18 May.
The Act provided that it was an offence for any person to perform or cause an abortion. The punishment for performing or attempting to perform a post quickening abortion was the death penalty (section 1) and otherwise was transportation for fourteen years (section 2).
Similar provision was made for Scotland by the Malicious Wounding, etc. (Scotland) Act 1825 (6 Geo. 4. c. 126, An Act to make provision in Scotland for the further prevention of malicious shooting and attempting to discharge loaded firearms, stabbing, cutting, wounding, poisoning, maiming, disfiguring, and disabling His Majesty's subjects).
The Act was repealed by section 1 of the Offences Against the Person Act 1828.
Abortion in the United Kingdom is de facto available under the terms of the Abortion Act 1967 in Great Britain and the Abortion (No.2) Regulations 2020 in Northern Ireland. The procurement of an abortion remains a criminal offence in Great Britain under the Offences Against the Person Act 1861, although the Abortion Act provides a legal defence for both the pregnant woman and her doctor in certain cases. Although a number of abortions did take place before the 1967 Act, there have been around 10 million abortions in the United Kingdom. Around 200,000 abortions are carried out in England and Wales each year and just under 14,000 in Scotland; the most common reason cited under the ICD-10 classification system for around 98% of all abortions is "risk to woman's mental health."
Edward Law, 1st Baron Ellenborough,, was an English judge. After serving as a member of parliament and Attorney General, he became Lord Chief Justice.
Assault occasioning grievous bodily harm is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".
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.
Concealment of birth is the act of a parent failing to report the birth of a child. The term is sometimes used to refer to hiding the birth of a child from friends or family, but is most often used when the appropriate authorities have not been informed about a stillbirth or the death of a newborn. This is a crime in many countries, with varying punishments.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
The Malicious Damage Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to malicious damage from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Malicious Injuries to Property Act 1827, incorporating subsequent statutes.
Abortion in Malta is illegal except in cases where the life of the pregnant woman is at risk. Until 2023, it was illegal without exception. Malta has the most restrictive laws regarding abortion in Europe with the law in Malta held to be influenced by Roman Catholic Christianity, which formed part of the identity of 82% of the population according to the 2021 census.
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.
The Offences Against the Person Act 1828, also known as Lord Lansdowne's Act, was an Act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single Act. Among the laws it replaced was clause XXVI of Magna Carta, the first time any part of Magna Carta was repealed, and the Buggery Act 1533. The Act also abolished the crime of petty treason.
The Act 7 Will. 4 & 1 Vict. c. 85, sometimes called the Offences against the Person Act 1837, was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It amended the law relating to offences against the person. It was one of the Acts for the Mitigation of the Criminal Law passed during the session 7 Will. 4 & 1 Vict. The Legal Observer said that this Act materially lessened the severity of the punishment of offences against the person.
Peel's Acts were Acts of the Parliament of the United Kingdom. They consolidated provisions from a large number of earlier statutes which were then repealed. Their purpose was to simplify the criminal law. The term refers to the Home Secretary who sponsored them, Sir Robert Peel.
Child destruction is the name of a statutory offence in England and Wales, Northern Ireland, Hong Kong and in some parts of Australia.
The Indictments Act 1915 is an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point where some barristers specialised entirely in drawing up indictments. During the nineteenth century several Acts were passed by Parliament to correct this problem, but none were entirely successful. In 1913 Lord Haldane created a committee to draw up a draft bill reforming the law of indictments, which became the Indictments Act 1915.
The Piracy Act 1850, sometimes called the Pirates Repeal Act 1850, is an Act of the Parliament of the United Kingdom. It relates to proceedings for the condemnation of ships and other things taken from pirates and creates an offence of perjury in such proceedings.
The Criminal Statutes Repeal Act 1861(24 & 25 Vict. c. 95) was an Act of the Parliament of the United Kingdom that repealed for the United Kingdom statutes relating to the English criminal law from ? to ?.
The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system.
The Offences Against the Person (Ireland) Act 1829, also known as the Offences Against the Person Act (Ireland) 1829, is an Act of the Parliament of the United Kingdom that consolidated for Ireland provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single Act.
The Criminal Statutes (Ireland) Repeal Act 1828 was an Act of the Parliament of the United Kingdom that repealed for Ireland statutes relating to the criminal law from 1225 to 1826.
The Criminal Law (India) Act 1828 was an Act of the Parliament of the United Kingdom that reformed criminal justice in India.
Text of Lord Ellenborough's Act in Wikisource.