Act of Parliament | |
Long title | An Act to amend certain Acts relating to the Crime of Piracy. |
---|---|
Citation | 7 Will. 4 & 1 Vict. c. 88 |
Dates | |
Royal assent | 17 July 1837 |
Commencement | 1 October 1837 |
Other legislation | |
Amended by | Statute Law Revision Act 1874 |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Piracy Act 1837 (7 Will. 4 & 1 Vict. c. 88) 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 Ireland, but is no longer punishable by death in either country.
Section 2 of the Act creates the offence of piracy with violence:
Whosoever, with intent to commit or at the time of or immediately before or immediately after committing the crime of piracy in respect of any ship or vessel, shall assault, with intent to murder, any person being on board of or belonging to such ship or vessel, or shall stab, cut, or wound any such person, or unlawfully do any act by which the life of such person may be endangered, shall be guilty of felony...
The offences of piracy which existed in 1837 have since been abolished. The "crime of piracy" mentioned in section 2 is now defined by the Merchant Shipping and Maritime Security Act 1997 (in section 26 and Schedule 5), [2] which simply sets out articles 101 to 103 of the United Nations Convention on the Law of the Sea (1982):
Article 101Definition of piracy
Piracy consists of any of the following acts:
- (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed—
- (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
- (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
- (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
- (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
Article 102Piracy by a warship, government ship or government aircraft whose crew has mutinied
The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.
Article 103Definition of a pirate ship or aircraft
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.
Since this definition is restricted to the high seas, piracy in British territorial waters would today be treated as robbery, assault or attempted murder under the Territorial Waters Jurisdiction Act 1878, or as hijacking under the Aviation and Maritime Security Act 1990 (which can also be applied to piracy on the high seas).[ original research? ]
In 1998 the mandatory death penalty was abolished, and the sentence is now up to life imprisonment.
Ireland abolished the death penalty for piracy in 1964. [3] The Act remains in force. [4]
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror of ordinary people. Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; if so, it is for one of these offences that they are usually charged.
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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.
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The Piracy Act 1698 was an Act of the Parliament of England passed in the eleventh year of King William III. The main purpose behind the statute was to make some corrections to the Offences at Sea Act 1536.
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The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received royal assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished rebuttable presumption that a child is doli incapax and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy.
The Criminal Law Act 1967 is an act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.
The Piracy Act 1721 (c.24) was an Act of the Parliament of Great Britain.
The Offences Against the Person Act 1828 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single Act. It was part of the criminal law reforms known collectively as "Peel's Acts", passed with the objective of simplifying and clarifying the law. 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. It also abolished the crime of petty treason.
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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.
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets another person in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". However, some jurisdictions have merged being an accessory before the fact with aiding and abetting.
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.
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