Treason Act 1708

Last updated

Treason Act 1708 [1]
Coat of Arms of Great Britain (1707-1714).svg
Long title An Act for improving the Union of the Two Kingdoms.
Citation 7 Ann. c. 21
Dates
Commencement 1 July 1709
Other legislation
Amended by
Status: Amended
Revised text of statute as amended

The Treason Act 1708 (7 Ann. c. 21) is an Act of the Parliament of Great Britain which harmonised the law of high treason between the former kingdoms of England and Scotland following their union as Great Britain in 1707.

Contents

This Act is partly still in force in Great Britain (as of 2018). [2]

Offences

Before the Act was passed, treason in Scotland consisted of "theft in landed men, murder under trust, wilful fire-raising, firing coalheughs, and assassination." Section 1 of the Act abolished these offences and replaced them with the English definition of high treason. The Act also applied the English offence of misprision of treason to Scotland. (However it did not extend petty treason to Scotland.)

The Act also created new offences of treason. It became treason:

These new offences were similar to existing treasons in England, as in England it was already treason to kill judges or to forge the English seal. (For treason in English law in 1708 and today, see High treason in the United Kingdom.)

Since 1708 treason law in Scotland has generally remained the same as in England. However while the offence of counterfeiting the Seal of Scotland was removed from English treason law in 1861, [3] it is still treason in Scottish law. [4] Also counterfeiting the Great Seal of Great Britain (which was treason under another Act [5] ) ceased to be treason in England and became a felony in 1861. [6]

When the Scottish Parliament was established in 1998, treason and misprision of treason were designated as reserved matters, meaning they fall outside its jurisdiction.

Procedure

Section III of the Act required the Scottish courts to try cases of treason and misprision of treason according to English rules of procedure and evidence. This rule was repealed in 1945. [7]

Sections still in force

The Act originally had eleven sections, which were later renumbered one to fourteen. Of the fourteen sections, four survive:

Other treason legislation in 1708

Another Act, 7 Ann. c. 25, amended the Coin Act 1696 (which made it treason to counterfeit coins).

See also

Related Research Articles

<span class="mw-page-title-main">High treason in the United Kingdom</span> Offence under British law

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.

Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority.

<span class="mw-page-title-main">Treason Act 1351</span> United Kingdom legislation

The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. 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.

<span class="mw-page-title-main">Treason Act 1695</span> English and British legislation

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.

<span class="mw-page-title-main">Sedition Act 1661</span> Mostly superseded United Kingdom Law

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.

<span class="mw-page-title-main">Treason Act 1945</span> United Kingdom legislation

The Treason Act 1945 was an Act of the Parliament of the United Kingdom.

<span class="mw-page-title-main">Treason Act 1553</span> United Kingdom legislation

The Treason Act 1553 was an Act of the Parliament of England.

<span class="mw-page-title-main">Treason Act 1554</span> United Kingdom legislation

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 c 9 and 11.

<span class="mw-page-title-main">Treason Act 1746</span> United Kingdom legislation

The Treason Act 1746 was an Act of the Parliament of Great Britain. The long title is "An Act for allowing Persons impeached of High Treason, whereby any Corruption of Blood may be made, or for Misprision of such Treason, to make their full Defence by Council."

<span class="mw-page-title-main">Treason (Ireland) Act 1821</span> United Kingdom legislation

The Treason (Ireland) Act 1821 is an Act of the Parliament of the United Kingdom. It extended most of the English Treason Act 1695 to Ireland. Previously the 1695 Act only applied to England and Scotland.

<span class="mw-page-title-main">Treason Act 1547</span> United Kingdom legislation

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.

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

The Forgery Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to forgery 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 Forgery Act 1830, incorporating subsequent statutes.

<span class="mw-page-title-main">Incitement to Mutiny Act 1797</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Jurors (Scotland) Act 1745</span> United Kingdom legislation

The Jurors (Scotland) Act 1745 was an Act of the Parliament of Great Britain, passed during the Jacobite Rising of 1745. 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; and for the better ascertaining the Qualifications of Jurors in Trials for High Treason or Misprision of Treason, in that Part of Great Britain called Scotland." It was one of the Juries (Scotland) Acts 1745 to 1869.

The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation.

<span class="mw-page-title-main">Forgery of Foreign Bills Act 1803</span> United Kingdom legislation

The Forgery of Foreign Bills Act 1803 was an Act of the Parliament of the United Kingdom. Prior to its repeal in 2013, it created offences of forgery of foreign instruments in Scotland.

<span class="mw-page-title-main">Forgery Act 1830</span> United Kingdom legislation

The Forgery Act 1830 was an Act of the Parliament of the United Kingdom. It consolidated into one Act all legislation imposing the death penalty for forgery. Two years later the death penalty was abolished for most of these offences, and for the remaining offences in 1837.

<span class="mw-page-title-main">Treason Outlawries (Scotland) Act 1748</span> United Kingdom legislation

The Treason Outlawries (Scotland) Act 1748 was an Act of the Parliament of Great Britain which applied only to Scotland. Its long title was "An Act to ascertain and establish the Method of Proceeding to and upon Outlawries for High Treason and Misprision of High Treason, in Scotland."

<span class="mw-page-title-main">Bank of England Act 1696</span> United Kingdom legislation

The Bank of England Act 1696 was an Act of the Parliament of England. It was one of the Bank of England Acts 1694 to 1892.

<span class="mw-page-title-main">Treason (Ireland) Act 1854</span> United Kingdom legislation

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.

References

  1. The citation of this Act by this short title was authorised by section 1 of, and Schedule 1 to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. legislation.gov.uk
  3. Sections 2 and 31 of the Forgery Act 1830 (11 Geo. IV & 1 Gul. IV c. 66) repealed and re-enacted the forgery provisions of the 1708 Act in England and Wales, and the Forgery Act 1861 repealed the 1830 Act and re-enacted this offence as a felony in section 1.
  4. Forgery Act 1830, section 29; and Treason Act 1708, section 12.
  5. Forgery Act 1830, section 2; formerly 1 Mar. Stat. 2 c. 6 (1553)
  6. Forgery Act 1861
  7. Treason Act 1945 (c. 44), section 2(2) and Schedule.
  8. "Union with England Act 1707, section 24". The National Archives. Retrieved 14 June 2013.
  9. Forgery Act 1830, sections 29 and 31.