Peel's Acts

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Peel's Acts (as they are commonly known) 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 They consolidated provisions from a large number of earlier statutes which were then repealed.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.

Contents

Some writers apply the term Peel's Acts to the series of acts passed between 1826 and 1832. [1] Other writers apply the term Peel's Acts specifically to five of those acts, namely chapters 27 to 31 of the session 7 & 8 Geo. 4 (1827). [2]

According to some writers, the Criminal Law Act 1826 (7 Geo. 4. c. 64) was the first of Peel's Acts. [3]

The acts were the product of a failed [4] attempt to codify the criminal law.

Background

In the United Kingdom, Acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book. [5]

In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. [6] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. [6] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done. [7]

In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including: [8]

The acts 7 & 8 Geo. 4. cc. 27 to 31

These Acts are:

Similar provisions were made for Ireland: [11]

The acts replaced by the Criminal Law Consolidation Acts 1861

James Edward Davis said that the Criminal Law Consolidation Acts 1861 are new editions of Peel's Acts. [12] The acts listed below were replaced by the Criminal Law Consolidation Acts 1861. There were two separate sets of broadly identical acts for England and Ireland respectively.

The first four acts on this list consolidated 316 acts, representing almost four-fifths of all offences.[ citation needed ]

England

Ireland

Sources

Citations

  1. James Fitzjames Stephen. A History of the Criminal Law of England. Macmillan and Co. London. 1883. Volume 2. Pages 216 and 217. Encyclopædia Britannica. Eleventh Edition. 1911. Volume 7. Page 485. "Stephen's History of the Criminal Law" (1883) 133 Blackwood's Edinburgh Magazine 731 at 735 (No 812 June). "Art IX - The Criminal Law of England" (1864) 18 Law Magazine and Law Review 139 at 153 and .
  2. William Robinson. An Analysis of, and Digested Index to the Criminal Statutes. Saunders and Benning. London. 1829. Page v.
  3. "Preliminary Note". Halsbury's Statutes of England. (The Complete Statutes of England). First Edition. 1929. Volume 4. Page 255.
  4. No Criminal Code was passed
  5. Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN   0738-2480. JSTOR   744300.
  6. 1 2 Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  7. Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard) . Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
  8. Britain, Great (1829). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. H.M. statute and law printers. p. 436.
  9. Arnold, Thomas James (1894). The Law Relating to Municipal Corporations in England and Wales. Shaw and Sons.
  10. Evan James MacGillivray. Insurance Law relating to all Risks other than Marine. Sweet and Maxwell, Limited. Chancery Lane, London. 1912. Page xi
  11. "Criminal Laws - Ireland" in "Abstract of Important Public Acts". The Companion to the Almanac, or Year-Book of General Information; for 1829. (The British Almanac). Charles Knight. London. Page 161. Thomas Stephen. The Book of the Constitution of Great Britain. Glasgow. 1835. Pages 319 and 320.
  12. James Edward Davis. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100. Butterworths. London. Hodges, Smith & Co. 1861. Pages vi and vii.
  13. Dyson and Green. "The properties of the law". Dyson (ed). Unravelling Tort and Crime. Cambridge University Press. 2014. Chapter 14. pp 389–400.
  14. Vaughan, William Edward (2009). Murder Trials in Ireland, 1836–1914. New History of Ireland (Irish Legal History Society). Vol. 19. Four Courts Press. pp. 433, 448. ISBN   9781846821585.
  15. O'Connor, James; Farran, Edmond Chomley; Byrne, William; Kough, C. Norman (1911). The Irish Justice of the Peace. Dublin: E. Posonby. p. xii.
  16. William Edward Vaughan. Murder Trials in Ireland, 1836–1914. pp. 384 and 448.
  17. The Statutes of the United Kingdom of Great Britain and Ireland. Vol. 1225. His Majesty's Statute and Law Printers. 1829 via Google Books.
  18. Turner (editor). Russell on Crime (12th ed.). Stevens. 1964. Volume I. Page cxxxiv.
  19. The Irish Jurist, 1968, vol. 3, p 150
  20. R v Brown [1994] 1 AC 212 at 248, (1993) 157 JP 360, HL, per Lord Lowry
  21. 86 Journal of the House of Commons 165

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