Polygamy in the United Kingdom

Last updated

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. [1]

Contents

In 2012, the BBC reported on Muslims practicing polygamy in the UK. [2]

England and Wales

Bigamy is a statutory offence in England and Wales. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861:

Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years [...] Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.

— Section 57 of the Offences against the Person Act 1861 [3]

This section replaced section 22 of the Offences against the Person Act 1828 for England and Wales, [4] which replaced section 1 of the Bigamy Act 1603 (1 Jas. 1. c. 11). [5] This section replaces section 26 of the Act 10 Geo. 4. c. 34 for Northern Ireland. [4]

Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is dead [6] or that the marriage has been dissolved. [7]

Bigamy is triable either way. [8] A person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, [9] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. [10] [11]

Relevant cases are:

Scotland

Bigamy was a common law offence [12] in Scotland prior to the passing of the Marriage and Civil Partnership (Scotland) Act 2014 when it became a statutory offence. [13] It is an offence for a person to enter into a marriage or civil partnership while either party knows that they, or the other party, is married to or in a civil partnership with another person. The offence is punishable with up to 2 years in prison or a fine (or both). [14]

Northern Ireland

In Northern Ireland, a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, [15] or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both. [16]

See also

Related Research Articles

<span class="mw-page-title-main">Bigamy</span> Act of having two concurrent marriages

In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws.

Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Fiji, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, although charges of attempting to pervert the course of justice are also raised in Scotland, while the South African counterpart is defeating or obstructing the course of justice. A similar concept, obstruction of justice, exists in United States law.

<span class="mw-page-title-main">Theft Act 1968</span> United Kingdom legislation

The Theft Act 1968 is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.

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".

<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">Theft Act 1978</span> United Kingdom legislation

The Theft Act 1978 is an act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006.

Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.

False accounting is a legal term for a type of fraud, considered a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland.

<span class="mw-page-title-main">Malicious Damage Act 1861</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Crime and Disorder Act 1998</span> United Kingdom legislation

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.

In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving. Canada's Criminal Code has equivalent provisions covering dangerous driving.

Burglary is a statutory offence in England and Wales.

<span class="mw-page-title-main">Official Secrets Act 1920</span> United Kingdom legislation

The Official Secrets Act 1920 was an Act of the Parliament of the United Kingdom.

Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003:

(1) A person (A) commits an offence if—

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Causing bodily harm by wanton or furious driving is a statutory offence in England and Wales and Northern Ireland. It has been abolished in the Republic of Ireland.

Abstracting electricity is a statutory offence of dishonestly using, wasting, or diverting electricity, covered by different legislation in England and Wales, Northern Ireland and the Republic of Ireland. The law applies, for instance, in cases of bypassing an electricity meter, reconnecting a disconnected meter, or unlawfully obtaining a free telephone call. In Low v Blease [1975] Crim LR 513 it was held that electricity could not be stolen as it is not property within the meaning of section 4 of the Theft Act 1968. In one reported case in 2015 a man was arrested for abstracting electricity by charging his mobile telephone on a train, but was ultimately not charged. Before the Computer Misuse Act 1990 those who misused computers ("hackers") were charged with abstracting electricity, as no other law applied.

Removing article from place open to the public is a statutory offence in England and Wales and Northern Ireland.

Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.

Soliciting to murder is a statutory offence of incitement in England and Wales and Northern Ireland and the Republic of Ireland.

<span class="mw-page-title-main">Perjury Act 1911</span> United Kingdom legislation

The Perjury Act 1911 is an act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences.

References

  1. ↑ "Matrimonial Causes Act 1973".
  2. ↑ "Polygamy in Islam: The women victims of multiple marriage". BBC News. 2012-05-31. Retrieved 2021-05-30.
  3. ↑ "Section 57 of the Offences against the Person Act 1861".
  4. 1 2 James Edward Davis. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory. Butterworths. 1861. Pages 276 and 277.
  5. ↑ R v. Taylor [1950] 2 All ER 170, CCA
  6. ↑ R v. Tolson [1889] 23 QBD 164
  7. ↑ R v. Gould (1968)
  8. ↑ The Magistrates' Courts Act 1980 (c. 43), section 17(1) and Schedule 1, paragraph 5(i)
  9. ↑ The Offences against the Person Act 1861 (24 & 25 Vict. c. 100), section 57; the Criminal Justice Act 1948 (11 & 12 Geo. 6. c. 58), section 1(1)
  10. ↑ The Magistrates' Courts Act 1980 (c. 43), section 32(1)
  11. ↑ For case law on sentencing, see: Sentencing Manual (2013-03-20 revised ed.), Crown Prosecution Service, archived from the original on 2014-12-02
  12. ↑ "Marriage and Civil Partnership (Scotland) Bill". The Scottish Government. Retrieved 14 December 2018.
  13. ↑ Marriage and Civil Partnership (Scotland) Act 2014 (Act, Section 28). 12 March 2014. Retrieved 14 December 2018.
  14. ↑ Marriage (Scotland) Act 1977 (Act, Section 24). 26 May 1977. Retrieved 14 December 2018.
  15. ↑ The Offences against the Person Act 1861 (24 & 25 Vict. c.100), section 57; the Criminal Justice Act (Northern Ireland) 1953, section 1(1)
  16. ↑ The Magistrates' Courts (Northern Ireland) Order 1981 (No.1675 (N.I.26)), article 46(4)
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.