Act of Parliament | |
Long title | An Act for due Process to be had in High Treasons, in Cases of Lunacy or Madness. |
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Citation | 33 Hen. 8. c. 20 |
Dates | |
Royal assent | 1 April 1542 |
Repealed | 30 July 1948 |
Other legislation | |
Amended by | Statute Law Revision Act 1863 |
Repealed by | Statute Law Revision Act 1948 |
Status: Repealed | |
Text of statute as originally enacted |
The Treason Act 1541 or the Consequences of Attainer for Treason Act 1541 (33 Hen. 8. c. 20) was an Act of the Parliament of England passed in 1542 (acts of Parliament were backdated to the year in which the session of Parliament had begun, rather than the year in which the Act was actually passed). It provided for the trial and punishment of lunatics for high treason. The reason given for passing the Act was given by the Act itself, which stated "it is a thing almost impossible certainly to judge" whether a defendant's madness was real or feigned.
Section I of the Act provided for the trial of a person who committed treason "when they were in good, whole and perfect memory, and after their accusation, examination and confession thereof before any [of] the King's majesty's council, shall happen to fall to madness or lunacy". If it appeared to at least four of the council that the defendant was sane at the time of their offence and at their "accusation, examination and confession," then a commission was to investigate the treason, swear in a jury, and try the defendant in his absence in the same manner as they would if he were sane and present. The section specifically provided that evidence would be admissible for the defence as well as for the prosecution. If convicted, the defendant would receive the same penalty as a sane defendant (death).
The same procedure applied to a peer of the realm, except that they would be tried by their peers before the Lord High Steward instead of by a jury and a normal judge.
Section II said that if the defendant had already been tried and convicted before he turned insane, then he was still to be executed in the normal manner.
The act was retrospective and applied to treasons committed before as well as after it was passed. Its effect was reversed by the Treason Act 1554 (1 & 2 Ph. & M. c. 10).
Criminal Law Act 1541 | |
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Act of Parliament | |
Long title | An Act to proceed by Commission of Oyer and Determiner against such Persons as shall confess Treason, &c., without remanding the same to be tried in the Shire where the Offence was committed. |
Citation | 33 Hen. 8. c. 23 |
Dates | |
Royal assent | 1 April 1542 |
Repealed |
|
Other legislation | |
Amended by | Juries Act 1825 |
Repealed by | |
Status: Repealed | |
Text of statute as originally enacted |
Another Act, the Criminal Law Act 1541 (33 Hen. 8. c. 23), abolished peremptory challenge in trials for treason and misprision of treason. This Act was repealed by the Treason Act 1554 (1 & 2 Ph. & M. c. 10, sec. 7). The Royal Assent by Commission Act 1541 (33 Hen. 8. c. 21) created various new kinds of high treason (which were abolished in 1547).
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning.
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions.
In English law, the benefit of clergy was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and defendants made many efforts to claim clergy status, often on questionable or fraudulent grounds.
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.
The privilege of peerage is the body of special privileges belonging to members of the British peerage. It is distinct from parliamentary privilege, which applies only to those peers serving in the House of Lords and the members of the House of Commons, while Parliament is in session and forty days before and after a parliamentary session.
In English criminal law, attainder was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime. It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Anyone condemned of capital crimes could be attainted.
The Criminal Lunatics Act 1800 was an Act of the Parliament of Great Britain that required and established a set procedure for the indefinite detention of mentally ill offenders. It was passed through the House of Commons in direct reaction to the trial of James Hadfield, who attempted to assassinate King George III.
The Treason Act 1695 is an Act of the Parliament of England which laid down rules of evidence and procedure in high treason trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821. Some of it is still in force today.
The Sedition Act 1661 was an Act of the Parliament of England, although it was extended to Scotland in 1708. Passed shortly after the Restoration of Charles II, it is no longer in force, but some of its provisions continue to survive today in the Treason Act 1695 and the Treason Felony Act 1848. One clause which was included in the Treason Act 1695 was later adapted for the United States Constitution.
Treason Act or Treasons Act or Statute of Treasons is a stock short title used for legislation in the United Kingdom and in the Republic of Ireland on the subject of treason and related offences.
In the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries. Under present-day practice, juries are generally summoned for criminal trials in the Crown Court where the offence is an indictable offence or an offence triable either way. All common law civil cases were tried by jury until the introduction of juryless trials in the new county courts in 1846, and thereafter the use of juries in civil cases steadily declined. Liability to be called upon for jury service is covered by the Juries Act 1974.
The Treason Act 1543 was an Act of the Parliament of England passed during the reign of King Henry VIII of England, which stated that acts of treason or misprision of treason that were committed outside the realm of England could be tried within England. Those convicted of high treason would have their estates confiscated by the King and then be hanged, drawn and quartered.
The Treason Act 1554 was an Act of the Parliament of England. It is not to be confused with two other Acts about treason passed in the same year, 1 & 2 Ph. & M. cc. 9 and 11.
The Treason Act 1547 was an Act of the Parliament of England. It is mainly notable for being the first instance of the rule that two witnesses are needed to prove a charge of treason, a rule which still exists today in the United States Constitution.
The Royal Assent by Commission Act 1541 was an Act of the Parliament of England, passed in 1542, which attainted Queen Catherine Howard for adultery, thereby authorising her execution. It also provided that all of Queen Catherine's assets were to be forfeited to the Crown while also creating a new method in which royal assent could be granted to legislation.
The Treason Act 1714 or Trial of Rebels Act 1715 was an Act of Parliament of the Parliament of Great Britain passed during the Jacobite Rising of 1715. Its long title was An act for the more easy and speedy trial of such persons as have levied or shall levy war against his Majesty. It enacted that anyone who was in custody for high treason before 23 January 1716 could be tried anywhere in England, regardless of where they had allegedly committed their crime. Under common law a trial normally had to take place in the county where the crime happened.
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.
The Sheriffs (Scotland) Act 1747 was an Act of the Parliament of Great Britain which applied only to Scotland. It stated that anyone who was prosecuted on or after 1 April 1748 for treason or misprision of treason could be tried anywhere in Scotland if the crime had been committed in any of the shires of Dunbartain, Stirling, Perth, Kincardine, Aberdeen, Inverness, Nairn, Cromarty, Argyll, Forfarshire, Banff, Sutherland, Caithness, Elgine, Ross, and Orkney. Normally a crime had to be tried in the shire where it had been committed. The Act also said that in such a trial, the jurors could come from adjoining counties, instead of the county where the trial was held.
The Treason (Ireland) Act 1854 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It extended part of the Treason Act 1708 to Ireland, specifically the rules about giving the defendant advance notice of the witnesses and jurors in his case. It was repealed as regards Northern Ireland by the Treason Act 1945, which abolished the unique procedural rules which applied in treason cases. As of 16 January 2020 it remains in force in the Republic of Ireland.
The Criminal Law Act 1827 was an act of the Parliament of the United Kingdom, applicable only to England and Wales. It abolished many obsolete procedural devices in English criminal law, particularly the benefit of clergy. It was repealed by the Criminal Law Act 1967.