Penal Servitude Act 1864

Last updated

Penal Servitude Act 1864 [1]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Long title An Act to amend the Penal Servitude Acts.
Citation 27 & 28 Vict. c. 47
Territorial extent  United Kingdom of Great Britain and Ireland
Dates
Royal assent 25 July 1864
Other legislation
Amended by

The Penal Servitude Act 1864 is an act of the Parliament of the United Kingdom. The act amended the Penal Servitude Act 1853 and the Penal Servitude Act 1857. The act received royal assent on 25 July 1864. [2]

Contents

Provisions

The provisions of the act include:

Timeline

The act had its second reading on 4 March 1864 and gained royal assent on 25 July 1864. [9]

Repeal

Sections 2 and 6 of the Act (giving corporal punishments and arrest without warrant) were repealed by the Penal Servitude Act 1891. [10] [11]

Related Research Articles

<span class="mw-page-title-main">Penal transportation</span> Relocation of convicted criminals to a distant place

Penal transportation was the relocation of convicted criminals, or other persons regarded as undesirable, to a distant place, often a colony, for a specified term; later, specifically established penal colonies became their destination. While the prisoners may have been released once the sentences were served, they generally did not have the resources to return home.

The "Bloody Code" was a series of laws in England, Wales and Ireland in the eighteenth and early nineteenth 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 later standards.

<span class="mw-page-title-main">Penal labour</span> Type of forced labour performed by prisoners

Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included involuntary servitude, penal servitude, and imprisonment with hard labour. The term may refer to several related scenarios: labour as a form of punishment, the prison system used as a means to secure labour, and labour as providing occupation for convicts. These scenarios can be applied to those imprisoned for political, religious, war, or other reasons as well as to criminal convicts.

Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court. But it has long been exercised as to extra curial contempts.

<span class="mw-page-title-main">Offences Against the Person Act 1861</span> UK criminal statute

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.

<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">Piracy Act 1717</span> Act of the Parliament of Great Britain

The Piracy Act 1717, sometimes called the Transportation Act 1717, was an Act of the Parliament of Great Britain that established a regulated, bonded system to transport criminals to colonies in North America for indentured service, as a punishment for those convicted or attainted in Great Britain, excluding Scotland. The Act established a seven-year transportation sentence as a punishment for people convicted of lesser felonies, and a fourteen-year sentence for more serious crimes, in lieu of capital punishment. Completion of the sentence had the effect of a pardon; the punishment for returning before completion was death. It is commonly accepted that 30,000 convicts may have been transported to the British American colonies, with some estimates going as high as 50,000.

Criminal Law Act is a stock short title used for legislation in the Kingdom of Great Britain and later in the United Kingdom, as well as in the Republic of Ireland and the Republic of Singapore. The term encompasses acts relating to the criminal law, including both substantive and procedural aspects of that law. The term sometimes tends to be used for Acts that do not have a single cohesive subject matter.

<span class="mw-page-title-main">Offences Against the Person Act 1828</span> Act of Parliament of the United Kingdom

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.

Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy under section 11 of the Matrimonial Causes Act 1973.

<span class="mw-page-title-main">Offences Against the Person Act 1875</span> United Kingdom legislation

The Offences against the Person Act 1875 was an act of the Parliament of the United Kingdom of Great Britain and Ireland. Its purpose was to extend the scope of sexual offences against children.

<span class="mw-page-title-main">Incitement to Mutiny Act 1797</span> United Kingdom legislation

The Incitement to Mutiny Act 1797 was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny.

<span class="mw-page-title-main">Criminal Justice Act 1948</span> United Kingdom legislation

The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It implemented several widespread reforms of the English criminal justice system, mainly abolishing penal servitude, corporal punishment, and the right of peers to be tried for treason and felony in the House of Lords. The act also dealt with more minor aspects of criminal law, such as the procedure regarding bail. Early versions of the bill attempted to abolish the death penalty, but this would not occur until 1965.

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

The Punishment of Offences Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the death penalty for a number of statutory offences and replaced it with transportation for life.

<span class="mw-page-title-main">Unlawful Drilling Act 1819</span> United Kingdom legislation

The Unlawful Drilling Act 1819, also known as the Training Prevention Act is an Act of the Parliament of the United Kingdom. It was one of the Six Acts passed after the Peterloo massacre.

<span class="mw-page-title-main">Incitement to Disaffection Act (Ireland) 1797</span> United Kingdom legislation

The Incitement to Disaffection Act (Ireland) 1797 was an act of the Parliament of the Kingdom of Ireland. It made equivalent provision to the Incitement to Mutiny Act 1797 for Ireland.

<span class="mw-page-title-main">Forgery of Foreign Bills Act 1803</span> United Kingdom legislation

The Forgery of Foreign Bills Act 1803 was an Act of the Parliament of the United Kingdom. Prior to its repeal in 2013, it created offences of forgery of foreign instruments in Scotland.

<span class="mw-page-title-main">Attempted Rape Act 1948</span> United Kingdom legislation

The Attempted Rape Act 1948 was an Act of the Parliament of the United Kingdom that increased the maximum sentence for attempted rape from two years' imprisonment to seven years' penal servitude. The Attempted Rape Act was repealed and replaced by the Sexual Offences Act 1956, which maintained the maximum sentence of seven years' imprisonment until the 1956 Act was amended by the Sexual Offences Act 1985, which increased the maximum sentence to life imprisonment.

<span class="mw-page-title-main">Salary of Sir J. Lawrence Act 1864</span> United Kingdom law

The Salary of Sir J. Lawrence Act 1864 is an act of the Parliament of the United Kingdom. The act allowed Sir John Laird Mair Lawrence to collect an annuity alongside his salary as Governor General of India. The act received royal assent on 18 March 1864.

<span class="mw-page-title-main">Matrimonial Causes Act 1864</span> United Kingdom law

The Matrimonial Causes Act 1864 is an act of the Parliament of the United Kingdom. The act reduced the powers of women deserted by their husbands to protect their property and income from him or any of his creditors. The act received royal assent on 14 July 1864.

References

  1. Section 1 of this Act provides that it may be cited as the Penal Servitude Act of the year in which it was passed.
  2. 1 2 3 4 A Collection of the Public General Statutes passed in the Twenty-seventh and Twenty-eighth Years of the reign of Her Majesty Queen Victoria: Being the Sixth Session of the Eighteenth Parliament of the United Kingdom of Great Britain and Ireland. George Edward Eyre and William Spottiswoode. 1864. p. 197.
  3. D. A. Thomas (1978). "The Penal Equation: Derivations of the penalty structure of English criminal law" (PDF). University of Cambridge. p. 44. Retrieved 20 February 2020.
  4. Michael W. Melling (September 1983). "Cleaning House in a Suddenly Closed Society: TheGenesis, Brief Life and Untimely Death of the Habitual Criminals Act, 1869". Osgoode Hall Law Journal . 21 (2): 323. Retrieved 20 February 2020.
  5. 1 2 3 4 5 6 7 A Collection of the Public General Statutes passed in the Twenty-seventh and Twenty-eighth Years of the reign of Her Majesty Queen Victoria: Being the Sixth Session of the Eighteenth Parliament of the United Kingdom of Great Britain and Ireland. George Edward Eyre and William Spottiswoode. 1864. p. 198.
  6. M. Heather Tomlinson (2015). Bailey, Victor (ed.). Policing and Punishment in Nineteenth Century Britain. Routledge. p. 170. ISBN   9781317374893.
  7. 1 2 A Collection of the Public General Statutes passed in the Twenty-seventh and Twenty-eighth Years of the reign of Her Majesty Queen Victoria: Being the Sixth Session of the Eighteenth Parliament of the United Kingdom of Great Britain and Ireland. George Edward Eyre and William Spottiswoode. 1864. p. 199.
  8. Justice Committee. "Prisoners (Control of Release) (Scotland) Bill Supplementary written submission from the Law Society of Scotland" (PDF). Scottish Parliament . p. 2.
  9. "SECOND READING. HC Deb 04 March 1864 vol 173 cc1496-525". Hansard . Retrieved 20 February 2020.
  10. "Penal Servitude Act 1891 - Amendment of law as to term of penal servitude and as to sentences of imprisonment". Legislation.gov.uk . Retrieved 20 February 2020.
  11. "Penal Servitude Act 1891 - Amendment of law as to apprehension of licensees and supervisees". Legislation.gov.uk . Retrieved 20 February 2020.