Criminal Law Act 1826
The Criminal Law Act 1826 (7 Geo 4 c 64) is an Act of the Parliament of the United Kingdom. It was a consolidation Act. It consolidated a large number of Acts relating to criminal procedure. It was due to Sir Robert Peel (see Peel's Acts).
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| Long title | An Act for improving the Administration of Criminal Justice in England. |
|---|---|
| Citation | 7 Geo. 4. c. 64 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 26 May 1826 |
It formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of depositions, the form of indictments, and the costs of prosecutions.[2]
See also abatement in pleading.
Preamble
The preamble was repealed by the Statute Law Revision Act 1890.
Sections 1 to 27
Section 1 was repealed by the Statute Law Revision Act 1950.
Sections 2 and 3 were repealed by section 34 of the Indictable Offences Act 1848.
Section 4 was repealed by section 45 of, and Schedule 3 to, the Coroners Act 1887.
Sections 5 and 6 were repealed by the Statute Law Revision Act 1950.
Sections 7 and 8 were repealed by the Statute Law Revision Act 1873.
Sections 9 to 11 were repealed by section 1 of, the Schedule to, 24 & 25 Vict c 95 (1861).
Sections 12 and 13 were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.
Sections 14 to 16 were repealed by section 9 of, and Schedule 2 to, the Indictments Act 1915.
Section 17 was repealed by the Statute Law Revision Act 1950.
Sections 18 and 19 were repealed by section 9 of, and Schedule 2 to, the Indictments Act 1915.
Section 20 was repealed by the Statute Law Revision Act 1873.
Section 21 was repealed by section 56(4) of, and Part I of Schedule 11 to, the Courts Act 1971.
Sections 22 to 25 were repealed by section 10 of, and the Schedule to, the Costs in Criminal Cases Act 1908.
Section 26 was repealed by section 4 of the Criminal Justice Administration Act 1851.
Section 27 was repealed by section 10 of, and the Schedule to, the Merchant Shipping (Expences) Act 1882.
Section 28 - Courts may order compensation to those who have been active in the apprehension of certain offenders
This section originally read:
And, for the better Remuneration of Persons who have been active in the Apprehension of certain Offenders, be it enacted, That where any Person shall appear to any Court of Oyer and Terminer, Gaol Delivery, Superior Criminal Court of a County Palatine, or Court of Great Sessions, to have been active in or towards the Apprehension of any Person charged with Murder, or with feloniously and maliciously shooting at, or attempting to discharge any kind of loaded Fire Arms at any other Person, or with stabbing, cutting, or poisoning, or with administering any thing to procure the Miscarriage of any Woman, or with Rape, or with Burglary or felonious House-breaking, or with Robbery on the Person, or with Arson, or with Horse-stealing, Bullock-stealing, or Sheep-stealing, or with being accessory before the Fact to any of the Offences aforesaid, or with receiving any Stolen Property knowing the same to have been stolen, every such Court is hereby authorized and empowered, in any of the Cases aforesaid, to order the Sheriff of the County in which the Offence shall have been committed to pay to the Person or Persons, who shall appear to the Court to have been active in or towards the Apprehension of any Person charged with any of the said Offences, such Sum or Sums of Money as to the Court shall seem reasonable and sufficient to compensate such Person or Persons for his, her, or their Expences, Exertions, and Loss of Time in or towards such Apprehension ; and where any Person shall appear to any Court of Sessions of the Peace, to have been active in or towards the Apprehension of any Party charged with receiving Stolen Property knowing the same to have been stolen, such Court shall have Power to order Compensation to such Person in the same Manner as the other Courts herein-before mentioned: Provided always, that nothing herein contained shall prevent any of the said Courts from also allowing to any such Persons, if Prosecutors or Witnesses, such Costs, Expences, and Compensation, as Courts are by this Act empowered to allow to Prosecutors and Witnesses respectively.
It now reads:
. . . where any person shall appear to [the Crown Court],[3] to have been active in or towards the apprehesion of any person charged with [an indictable offence], [the Crown Court][4] is hereby authorised and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed to pay to the person or persons who shall appear to the court to have been active in or towards the apprehension of any person charged with [that offence] such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person or persons for his, her, or their expences, exertions, and loss of time in or towards such apprehension; . . . : . . .
The words of enactment at the start were repealed by the Statute Law Revision (No. 2) Act 1890.
The words "the Crown Court" were substituted by section 56(1) of, and paragraph 2 of Schedule 8 to, the Courts Act 1971. This was consequential on the creation of the Crown Court and the abolition of its predecessors by that Act.
The words "an arrestable offence" (which are not printed in the amended text above because they have been replaced) and the words "that offence" were substituted by section 10(1) of, and paragraph 3(1) of Schedule 2 to, the Criminal Law Act 1967. This was consequential on the creation of the classification arrestable offence by that Act. The words "an indictable offence" were substituted for the words "an arrestable offence" by section 111 of, and paragraph 39 of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act 2005. This was consequential on the abolition of the classification arrestable offence by that Act.
The words after "and where any Person shall appear to any Court of Sessions of the Peace, to have been active in or towards the Apprehension of any Party charged with receiving Stolen Property knowing the same to have been stolen, such Court shall have Power to order Compensation to such Person in the same Manner as the other Courts herein-before mentioned" were repealed by sections 10(1) and (2) of, and paragraph 3(1) of Schedule 2 to, and Part III of Schedule 3 to, the Criminal Law Act 1967.
The proviso to this section was repealed by the Statute Law (Repeals) Act 1998.
"Sheriff"
Sheriffs appointed for a county or Greater London are now known as high sheriffs, and any reference in any enactment or instrument to a sheriff must be construed accordingly in relation to sheriffs for a county or Greater London.[5]
The following cases are relevant to this section:
Section 29 - Such orders to be paid by the Sheriff, who may obtain immediate repayment on application to the Treasury
. . . every order for payment to any person in respect of such apprehension as aforesaid shall be forthwith made out and delivered by the proper officer of the court unto such person . . . ; and the sheriff of the county for the time being is hereby authorised and required, upon sight of such order, forthwith to pay to such person, or to anyone duly authorised on his or her behalf, the money in such order mentioned; and every such sheriff may immediately apply for repayment of the same to the . . . [Lord Chancellor] who, upon inspecting such order, together with the acquittance of the person entitled to receive the money thereon, shall forthwith order repayment to the sheriff of the money so by him paid, without fee or reward whatsoever.
The words of enactment at the start were repealed by the Statute Law Revision (No. 2) Act 1888.
The words "upon being paid for the same the sum of 25p and no more" in the second place were repealed on 19 November 1998 by section 1(1) of, and Group 2 of Part 1 of Schedule 1 to the Statute Law (Repeals) Act 1998.
The words before "Lord Chancellor" were repealed by the Statute Law Revision Act 1890.
The words "Lord Chancellor" were substituted by article 4(a) of the Transfer of Functions (Treasury and Lord Chancellor) Order 1976 (S.I. 1976/229)
"Sheriff"
Sheriffs appointed for a county or Greater London are now known as high sheriffs, and any reference in any enactment or instrument to a sheriff must be construed accordingly in relation to sheriffs for a county or Greater London.[6]
Sections 30 to 32
Section 30 was repealed by section 170 of, and paragraph 1 of Schedule 15 to, and Schedule 16 to, the Criminal Justice Act 1988.
Section 31 was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.
Section 32 was repealed by the Statute Law Revision Act 1873.
See also
References
- Archbold Criminal Pleading, Evidence and Practice, 1999, para 5-585 to 5-586
- John Mounteney Lely. "The Criminal Law Act, 1826". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1894. Volume 3. Title "Criminal Law". Pages 12 to 20.
- The cititation of this Act by this short title was authorised by the Short Titles Act 1896
- Halsbury's Statutes
- This is how the words are printed on legislation.gov.uk; Halsbury's Statutes prints them as "any [Crown Court]"
- This is how the words are printed on legislation.gov.uk; Halsbury's Statutes prints them as "every such court"
- The Local Government Act 1972, section 219(1)
- The Local Government Act 1972, section 219(1)
External links
- The Criminal Law Act 1826, as amended from the National Archives.
- The Criminal Law Act 1826, as originally enacted from the National Archives.