Act of Parliament | |
Long title | An Act for discontinuing the Judgement which has been required by Law to be given against Women convicted of certain Crimes, and substituting another Judgement in lieu thereof. |
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Citation | 30 Geo. 3. c. 48 |
Territorial extent | |
Dates | |
Repealed | 30 September 1998 [2] |
Other legislation | |
Amended by | |
Repealed by | Crime and Disorder Act 1998, section 36(3)(a) & 120(2) & Sch.10 |
Status: Repealed | |
Revised text of statute as amended |
The Treason Act 1790 (30 Geo. 3. c. 48) was an Act of the Parliament of the Kingdom of Great Britain which abolished burning at the stake as the penalty for women convicted of high treason, petty treason and abetting, procuring or counselling petty treason, and replaced it with drawing and hanging.
Identical provision was made for Ireland by the Treason by Women Act (Ireland) 1796.
The original penalty for high treason, petty treason or abetting counselling or procuring petty treason for women was to be drawn to the place of execution and burned to death. This was replaced, with effect from 5 June 1790, with drawing to the place of execution followed by hanging by section 1. The section was amended by the Forfeiture Act 1870 to abolish drawing.
This section made provision for women convicted of petty treason to suffer additional punishments which were already provided for murder by the Murder Act 1751 (25 Geo. 2. c. 37), ss. 1 - 10. This included provision for the disposal of the body.
The repeal of this section for England and Wales on 1 July 1828 by section 1 of the Offences Against the Person Act 1828 was consequential on the abolition of petty treason by sections 1 and 2 of that Act.
This section allowed the King to alter the sentence of any woman condemned to burning having been convicted of those offences prior to (the commencement of section 1 on) 5 June 1790. By warrant under the hand of one of the principal Secretaries of State, the King had the discretionary ("if he shall think proper") authority to order that the condemned woman be hanged in the execution of that judgement. This section was repealed by the Statute Law Revision Act 1871.
This section was a saving clause and provided that women convicted of those offences would still be liable to such forfeitures and corruption of blood as they would have been if they had been attainted of those offences before the passing of the Act.
This section was repealed by the Statute Law Revision Act 1960.
The Act was repealed when the death penalty for treason was abolished by the Crime and Disorder Act 1998.
Capital punishment in the United Kingdom predates the formation of the UK, having been used in Britain and Ireland from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964; capital punishment for murder was suspended in 1965 and finally abolished in 1969. Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last to be executed for treason was William Joyce, in 1946. In 2004, Protocol No. 13 to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention.
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.
Petty treason or petit treason was an offence under the common law of England in which a person killed or otherwise violated the authority of a social superior, other than the king. In England and Wales, petty treason ceased to be a distinct offence from murder by virtue of the Offences against the Person Act 1828. It was abolished in Ireland in 1829. It never existed in Scotland. It has also been abolished in other common-law countries.
Arson in royal dockyards and armories was a criminal offence in the United Kingdom and the British Empire. It was among the last offences that were punishable by capital punishment in the United Kingdom. The crime was created by the Dockyards etc. Protection Act 1772 passed by the Parliament of Great Britain, which was designed to prevent arson and sabotage against vessels, dockyards, and arsenals of the Royal Navy.
The Treason Act 1351 is an Act of the Parliament of England wherethrough, according to William Blackstone, common law treason offences were enumerated and no new offences were, by statute, created. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to Ireland in 1495 and to Scotland in 1708. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason". It was passed to clarify precisely what was treason, as the definition under common law had been expanded rapidly by the courts until its scope was controversially wide. The Act was last used to prosecute William Joyce in 1945 for collaborating with Germany in World War II.
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 Treason Act 1814 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which modified the penalty for high treason for male convicts.
The Murder Act 1751, sometimes referred to as the Murder Act 1752, was an Act of the Parliament of Great Britain.
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.
To be hanged, drawn and quartered was a method of torturous capital punishment used principally to execute men convicted of high treason in medieval and early modern Britain and Ireland. The convicted traitor was fastened to a hurdle, or wooden panel, and drawn behind a horse to the place of execution, where he was then hanged, emasculated, disembowelled, beheaded, and quartered. His remains would then often be displayed in prominent places across the country, such as London Bridge, to serve as a warning of the fate of traitors. The punishment was only ever applied to men; for reasons of public decency, women convicted of high treason were instead burned at the stake.
The Treason by Women Act (Ireland) 1796 was an act of the Parliament of the Kingdom of Ireland which reduced the penalty for women convicted of high treason and petty treason from death by burning to death by hanging. It was the Irish equivalent of the Treason Act 1790 passed by the Parliament of the Kingdom of Great Britain.
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 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 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 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 Crimes Act of 1790, formally titled An Act for the Punishment of Certain Crimes Against the United States, defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789. The Crimes Act was a "comprehensive statute defining an impressive variety of federal crimes".
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 Corruption of Blood Act 1814 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which abolished corruption of blood for all crimes except high treason, petty treason and murder. Corruption of blood had until then been an automatic consequence of attainder for treason and felony. The Act was the result of the efforts of the law reformer Sir Samuel Romilly MP, who had failed to pass a similar bill in 1813.
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.