 | |
| Formation | March 16, 1824 |
|---|---|
| Founder | Dr Lushington MP |
| Dissolved | May 7, 1824 |
| Purpose | To consider consolidating and amending England's criminal law |
Key people | See § membership |
Parent organization | House of Commons |
| Website | Report |
The Select Committee on the Criminal Law in England was a select committee of the House of Commons of the Parliament of the United Kingdom appointed to consider consolidating and amending the criminal law of England and Wales.
In the United Kingdom, acts of Parliament remain in force until expressly repealed.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. [1]
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. [2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. [2] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done. [3]
On 16 March 1824, Dr Stephen Lushington MP proposed a motion in the House of Commons to appoint a select committee to consider consolidating and amending England's criminal law. [4] The primary motivation for that criminal statutes had accumulated since Magna Carta without systematic organization, these laws were scattered and in "the greatest possible confusion", and had contributed to considerable increase in the bulk of the statute book. Dr Lushington proposed approach was to:
The Motion was seconded by John Smith MP and was approved, without objection. [4]
The committee was appointed on 16 March 1824, consisting of 27 members with a quorum of five and the power to "send for persons and paper": [5]
| Name | Party | Commentary |
|---|---|---|
| Dr Stephen Lushington | Whig | Proposed the committee. |
| Robert Peel | Tory | Home Secretary |
| John Singleton Copley | Tory | Attorney General |
| Sir Charles Wetherell | Tory | Solicitor General |
| Edward Littleton | Tory | - |
| John Hensleigh Allen | Whig | - |
| Sir Edward Knatchbull, 9th Baronet | Tory | - |
| Sir George Chetwynd, 2nd Baronet | None | - |
| Thomas Spring Rice | Whig | |
| Sir John Newport | Whig | - |
| Thomas Courtenay | Tory | - |
| Sir James Mackintosh | Whig | - |
| John Smith | Tory | Seconded the committee. |
| George Lamb | Whig | - |
| George Abercromby, 3rd Baron Abercromby | Whig | - |
| Thomas Fowell Buxton [a] | Whig | - |
| Charles Western | Whig | - |
| Thomas Barrett-Lennard | Whig | - |
| Sir Edward Hyde East | Whig | - |
| William Manning | Tory | - |
| George Robert Dawson | Tory | - |
| John Hearle Tremayne | Tory | - |
| Robert Percy Smith | Tory | - |
| Edmond Wodehouse | Tory | Added on 18 March 1824. [6] |
| Davies Gilbert | Tory | Added on 18 March 1824. [6] |
| Charles Rumbold | Whig | Added on 18 March 1824. [6] |
| George Gipps | Tory | Added on 18 March 1824. [6] |
The committee had its first meeting on 7 March 1824. [5] The committee reported on 2 April 1824, using the illustrative example of a Forgery Bill and resolving to consolidate the criminal law under several heads and to bring in Bills to do so: [6]
Resolved, That it is the opinion of this Committee, That it is expedient that the statutes relating to the Criminal Law, should be consolidated under their several heads.
Resolved, That the Chairman be directed to move for leave to bring in Bills pursuant to the above Resolution for consolidating the Criminal Law, without any amendments or alterations. Resolved, That it is the opinion of this Committee, That it is expedient that certain omissions and anomalies in the present state of the Criminal Law, be brought under the consideration of the House, with a view to remedy the same by legislative provisions.
Resolved, That the Chairman be directed to move for leave to bring in Bills supplying such omissions, and remedying such anomalies; but that the same be in Bills to be wholly distinct from the consolidating Bills.
The committee further reported on 7 May 1824. [6]
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: [7]
In 1827, Peel's Acts were passed to modernise, consolidate and repeal provisions of the criminal law, territorially limited to England and Wales and Scotland, including:
In 1828, parallel Bills for Ireland to Peel's Acts were introduced, becoming: [8]
In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 related statutes. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law.
In 1861, bills were introduced, drafted by Charles Sprengel Greaves to mirror Peel's Acts, to consolidate and modernise the criminal law across: [9]
In 1861, the Criminal Consolidation Acts were passed for that purpose:
In 1830, the Forgery Act 1830 (11 Geo. 4 & 1 Will. 4. c. 66) was passed, which consolidated provisions in the law relating to forgery and repealed for England and Wales over 25 statutes relating to the criminal law.
In 1832, the Coinage Offences Act 1832 (2 & 3 Will. 4. c. 34) was passed, which consolidated provisions in the law relating to the counterfeiting and clipping of coins, repealed for the United Kingdom almost 50 statutes relating to the criminal law, and abolished the punishment of the death penalty for coinage offences.
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.
The Offences Against the Person Act 1837 was an act of the Parliament of the United Kingdom that amended the law to lessen the severity of punishment of offences against the person, lessening the severity of the punishment of offences.
The Criminal Law Consolidation Acts 1861 were Acts of the Parliament of the United Kingdom that consolidated provisions from a large number of earlier statutes which were then repealed. Their purpose was to simplify the criminal law. There were six consolidation Acts and a further Act which effected consequential repeals.
Peel's Acts 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.
The Coinage Offences Act 1832 was an act of the Parliament of the United Kingdom that consolidated England and Wales all legislation concerning the counterfeiting and clipping of coins into one act. Such conduct was often considered to be high treason: this act downgraded the offence to felony and abolished the death penalty for all coinage offences.
The Criminal Law Act 1826 is an act of the Parliament of the United Kingdom that consolidated a large number of acts relating to criminal procedure.
The Forgery Act 1837 was an act of the Parliament of the United Kingdom that abolished the punishment of the death penalty for all offences of forgery, substituting it for transportation or imprisonment.
The Forgery Act 1830 was an act of the Parliament of the United Kingdom that consolidated for England and Wales all legislation imposing the death penalty for forgery into one act. Two years later, the Forgery, Abolition of Punishment of Death Act 1832 abolished the death penalty for most of these offences. The Forgery Act 1837 abolished the death penalty for the remaining offences.
The Statute Law Revision Act 1876 was an act of the Parliament of the United Kingdom that substituted references of repealed enactments in various acts with references to non repealed enactments.
The Criminal Statutes Repeal Act 1861(24 & 25 Vict. c. 95) was an act of the Parliament of the United Kingdom that repealed for England and Wales and Ireland statutes relating to the English criminal law from 1634 to 1860. The act was intended, in particular, to facilitate the preparation of a revised edition of the statutes.
The Summary Jurisdiction Act 1884, also known as the Summary Jurisdiction (Repeal) Act 1884, was an act of the Parliament of the United Kingdom that clarified the Summary Jurisdiction Acts as amended by the Summary Jurisdiction Act 1879 and repealed for England and Wales statutes from 1691 to 1882.
The Forgery, Abolition of Punishment of Death Act 1832 was an act of the Parliament of the United Kingdom that for the United Kingdom the death penalty for all offences of forgery, except for forging wills and certain powers of attorney.
The Offences Against the Person (Ireland) Act 1829, also known as the Offences Against the Person Act (Ireland) 1829, is an act of the Parliament of the United Kingdom that consolidated for Ireland provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single act.
The Juries Act 1825, also known as the County Juries Act 1825, is an act of the Parliament of the United Kingdom that consolidated and amended statutes for England and Wales related to juries. The act abolished outdated penalties, moved responsibility for creating jury lists from petty constables to churchwardens and parish overseers, expanded jury qualification to include bankers and merchants and devise a new method of jury selection. The act repealed for England and Wales statutes from 1259 to 1824.
The Criminal Statutes Repeal Act 1827 or the Criminal Statutes (England) Repeal Act 1827 was an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to the English criminal law from 1225 to 1826.
The Summary Jurisdiction Act1848, also known as the Duties of Justices Act 1848 is an act of the Parliament of the United Kingdom that consolidated the provisions of a large number of statutes relating to summary jurisdiction. The act is one of the Jervis's Acts, also known as Summary Jurisdiction Acts, which reformed the local administration of justice in England.
The Criminal Statutes (Ireland) Repeal Act 1828 was an act of the Parliament of the United Kingdom that repealed for Ireland enactments relating to the criminal law from 1225 to 1826.
The Criminal Law (India) Act 1828 was an act of the Parliament of the United Kingdom that reformed criminal justice in India.
The Juries (Ireland) Act 1833 is an act of the Parliament of the United Kingdom that consolidated and amended statutes for Ireland related to juries. The act abolished outdated penalties, moved responsibility for creating jury lists from petty constables to churchwardens and parish overseers, expanded jury qualification to include bankers and merchants and devise a new method of jury selection. The act repealed for Ireland statutes from 1259 to 1825.
The Juries Act (Ireland) 1871, also known as the Juries (Ireland) Act 1871, is an act of the Parliament of the United Kingdom that consolidated and amended statutes for Ireland related to juries. The act notably replaced the existing system of jury qualification based on property requirements with a new system based on poor law ratings.
This article incorporates text from this source, which is in the public domain .