Murder (Abolition of Death Penalty) Act 1965

Last updated

Murder (Abolition of Death Penalty) Act 1965 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to abolish capital punishment in the case of persons convicted in Great Britain of murder or convicted of murder or a corresponding offence by court-martial and, in connection therewith, to make further provision for the punishment of persons so convicted.
Citation 1965 c. 71
Introduced by Sydney Silverman
Territorial extent  England and Wales and Scotland
Dates
Royal assent 8 November 1965
Commencement 9 November 1965 [2]
Other legislation
Amended by Criminal Justice Act 1967, Statute Law (Repeals) Act 1973, Statute Law (Repeals) Act 1974, Criminal Procedure (Scotland) Act 1975, Powers of Criminal Courts (Sentencing) Act 2000, Criminal Justice Act 2003, Armed Forces Act 2006
Relates to Northern Ireland (Emergency Provisions) Act 1973.
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Murder (Abolition of Death Penalty) Act 1965 [1] (c. 71) is an act of the Parliament of the United Kingdom. It abolished the death penalty for murder in Great Britain (the death penalty for murder survived in Northern Ireland until 1973). The act replaced the penalty of death with a mandatory sentence of imprisonment for life.

Contents

Provisions

The 1965 act amended the Homicide Act 1957, which had already reduced hangings to only four or fewer per year. [3]

The 1965 act was introduced to Parliament as a private member's bill by Sydney Silverman MP. The act provides that charges of capital murder at the time it was passed were to be treated as charges of simple murder and all sentences of death were to be commuted to sentences of life imprisonment. The legislation contained a sunset clause, which stated that the act would expire on 31 July 1970 "unless Parliament by affirmative resolutions of both Houses otherwise determines". [4] Resolutions were passed in the Commons and Lords on 16 and 18 December 1969, thereby making the act permanent. [5]

Subsequent events

No executions have occurred in the United Kingdom since the Murder (Abolition of Death Penalty) Act 1965. The last were on 13 August 1964, when Peter Allen and Gwynne Evans were hanged for murdering John Alan West during a theft four months earlier, a death penalty crime under the 1957 act. [3] The 1965 act left four capital offences: high treason, "piracy with violence" (piracy with intent to kill or cause grievous bodily harm), arson in royal dockyards and espionage, as well as other capital offences under military law.

The 1965 act did not extend to Northern Ireland, where Westminster seldom overrode the criminal law responsibility of the Parliament of Northern Ireland at Stormont. During the Troubles Westminster passed the Northern Ireland Constitution Act 1973, abolishing Stormont, and the Northern Ireland (Emergency Provisions) Act 1973, abolishing the death penalty for murder there. The death penalty was not fully abolished in the United Kingdom until 1998 by the Human Rights Act 1998 and the Crime and Disorder Act 1998.

See also

Notes

  1. 1 2 The citation of this act by this short title is authorised by section 3(1) of this act.
  2. The Murder (Abolition of Death Penalty) Act 1965, section 3(4)
  3. 1 2 Seal, Lizzie (12 March 2019). "A brief history of capital punishment in Britain". BBC History Magazine . Retrieved 8 September 2019.
  4. Murder (Abolition of Death Penalty) Act 1965, section 4
  5. Hansard: HC Deb 16 December 1969 vol 793 cc1297, HL Deb 18 December 1969 vol 306 cc1264-1321; "On this Day; 1969: MPs vote to abolish hanging". BBC. 16 December 2008. Retrieved 25 June 2017.

Further reading

Related Research Articles

<span class="mw-page-title-main">Capital punishment in the United Kingdom</span> History of the death penalty in the UK

Capital punishment in the United Kingdom predates the formation of the UK, having been used within the British Isles 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. 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 execution for treason took place in 1946. In 2004 the 13th Protocol 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.

<span class="mw-page-title-main">High treason in the United Kingdom</span> Offence under British law

Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.

Capital punishment in Canada dates back to Canada's earliest history, including its period as a French colony and, after 1763, its time as 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 were 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 military prescribed firing squad as the method of execution until 1999, although no military executions had been carried out since 1946.

<span class="mw-page-title-main">Capital punishment in India</span> Death penalty in India, its states and union territories

Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution as given under Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of cases'.

<span class="mw-page-title-main">Capital punishment in New Zealand</span> Overview of capital punishment in New Zealand

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 executed in New Zealand.

The "Bloody Code" was a series of laws in England, Wales and Ireland in the 18th and early 19th centuries which mandated the death penalty for a wide range of crimes. It was not referred to by this name in its own time; the name was given later owing to the sharply increased number of people given the death penalty, even for crimes considered minor by 21st century standards.

<span class="mw-page-title-main">Arson in royal dockyards</span> Capital crime in the UK until 1971

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.

Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.

<span class="mw-page-title-main">Homicide Act 1957</span> United Kingdom legislation

The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice, reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It restricted the use of the death penalty for murder.

<span class="mw-page-title-main">Treason Felony Act 1848</span> United Kingdom legislation

The Treason Felony Act 1848 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. Parts of the Act are still in force. It is a law which protects the King and the Crown.

<span class="mw-page-title-main">Treason Act 1814</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Treason Act 1790</span> United Kingdom legislation

The Treason Act 1790 was an Act of the Parliament of the Kingdom of Great Britain which abolished burning at the stake as the penalty for women convicted of high treason, petty treason and abetting, procuring or counselling petty treason, and replaced it with drawing and hanging.

Capital punishment in Hong Kong was formally abolished on 23 April 1993 by virtue of the Crimes (Amendment) Ordinance 1993. Before then, capital punishment was the usual sentence given since the establishment of the Crown Colony of Hong Kong for offences such as murder, kidnapping ending in death, and piracy.

Capital punishment is a legal penalty in Pakistan. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy.

<span class="mw-page-title-main">Capital punishment in Australia</span> History of the death penalty in Australia

Capital punishment in Australia was a form of punishment in Australia that has been abolished in all jurisdictions. 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 a legal penalty in Malaysian law.

<span class="mw-page-title-main">Piracy Act 1837</span> United Kingdom legislation

The Piracy Act 1837 is an Act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishable with death. This offence still exists in the United Kingdom and in the Republic of Ireland, but is no longer punishable by death in either country.

<span class="mw-page-title-main">Capital punishment in Ireland</span> Overview of the capital punishment in Ireland

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 by the British state on the island of Ireland was Robert McGladdery, who was hanged on 20 December 1961 in Crumlin Road Gaol in Belfast, Northern Ireland. The last person to be executed by the state in the Republic of Ireland was Michael Manning, hanged for murder on 20 April 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 of 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 is legal in Tonga, but has not been imposed since 1982. The country's lack of executions puts it into the category of 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 form 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.

Capital punishment is not a legal punishment in the Independent State of Papua New Guinea.