The "Bloody Code" was a series of laws in England, Wales and Ireland in the 18th and early 19th centuries which mandated the death penalty for a wide range of crimes. It was not referred to as such in its own time, but the name was given later owing to the sharply increased number of people given the death penalty, even for crimes considered minor or
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
by 21st century standards.
History
In 1689 there were 50 offences on the statute book punishable by death in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, but that number had almost quadrupled by 1776, and it reached 220 by the end of the century. Most of the new laws introduced during that period were concerned with the defence of property, which some commentators have interpreted as a form of class suppression of the poor by the rich.
George Savile, 1st Marquess of Halifax
George Savile, 1st Marquess of Halifax, (11 November 1633 – 5 April 1695), was an English statesman, writer, and politician who sat in the House of Commons in 1660, and in the House of Lords after he was raised to the peerage in 1668.
Backgr ...
, expressed a contemporary view when he said that "Men are not hanged for stealing horses, but
that horses may not be stolen".
Grand larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Engla ...
was one of the crimes that drew the death penalty; it was defined as the theft of goods worth more than 12
pence
A penny is a coin ( pennies) or a unit of currency (pl. pence) in various countries. Borrowed from the Carolingian denarius (hence its former abbreviation d.), it is usually the smallest denomination within a currency system. Presently, it is th ...
, about one-twentieth of the weekly wage for a skilled worker at the time.
[ As the 18th century proceeded, jurors often deliberately under-assessed the value of stolen goods in order to avoid a ]mandatory death sentence
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are ins ...
. In the Kingdom of Ireland
The Kingdom of Ireland ( ga, label=Classical Irish, an Ríoghacht Éireann; ga, label=Modern Irish, an Ríocht Éireann, ) was a monarchy on the island of Ireland that was a client state of England and then of Great Britain. It existed from ...
, a separate but subordinate state, a similar "Bloody Code" existed, but there were not as many capital crimes.
As the number of capital crimes increased, lawmakers sought a less harsh punishment that might still deter potential offenders and penal transportation
Penal transportation or transportation was the relocation of convicted criminals, or other persons regarded as undesirable, to a distant place, often a colony, for a specified term; later, specifically established penal colonies became their ...
with a term of indentured servitude
Indentured servitude is a form of labor in which a person is contracted to work without salary for a specific number of years. The contract, called an "indenture", may be entered "voluntarily" for purported eventual compensation or debt repayment, ...
became a more common punishment. This trend was expanded by the Transportation Act 1717
The Piracy Act 1717 (4 Geo 1 c 11), sometimes called the Transportation Act 1717 (1718 in New Style), was an Act of the Parliament of Great Britain that established a regulated, bonded system to transport criminals to colonies in North Ame ...
(16 Geo. 3 c.43), which regulated and subsidised the practice, until its use was suspended by the Criminal Law Act 1776. With the American Colonies already in active rebellion, parliament claimed its continuance "is found to be attended with various inconveniences, particularly by depriving this kingdom of many subjects whose labour might be useful to the community, and who, by proper care and correction, might be reclaimed from their evil course". This law would become known as the Hard Labour Act and the Hulks Act for both its purpose and its result. With the removal of the important transportation alternative to the death penalty, it would in part prompt the use of prisons for punishment and the start of prison building programmes. In 1785 Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
would be deemed a suitably desolate place to transport convicts; transportation would resume, now to a specifically planned penal colony
A penal colony or exile colony is a settlement used to exile prisoners and separate them from the general population by placing them in a remote location, often an island or distant colonial territory. Although the term can be used to refer to ...
, with the departure of the First Fleet
The First Fleet was a fleet of 11 ships that brought the first European and African settlers to Australia. It was made up of two Royal Navy vessels, three store ships and six convict transports. On 13 May 1787 the fleet under the command ...
in 1787. It has been estimated that over one-third of all criminals convicted between 1788 and 1867 were transported to Australia, including Van Diemen's Land
Van Diemen's Land was the colonial name of the island of Tasmania used by the British during the European exploration of Australia in the 19th century. A British settlement was established in Van Diemen's Land in 1803 before it became a sepa ...
(now Tasmania
)
, nickname =
, image_map = Tasmania in Australia.svg
, map_caption = Location of Tasmania in AustraliaCoordinates:
, subdivision_type = Country
, subdi ...
). Some criminals could escape transportation if they agreed to join the British Army
The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...
. Jurist William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family i ...
said of the Bloody Code:
Leon Radzinowicz
Sir Leon Radzinowicz, (15 August 1906 – 29 December 1999) was a criminologist and academic. He was the founding director of the Institute of Criminology at the Faculty of Law at the University of Cambridge.
Early life
Radzinowicz was born on ...
listed 49 pages of "Capital Statutes of the Eighteenth Century" divided into 21 categories:[Radzinowicz 1948, pp]
xx–xxi
an
611–659
("Appendix I: Capital Statutes of the Eighteenth Century")
# High treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, including offences against the Protestant succession and the Protestant establishment
# Other offences against the State
# Offences against public order
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
, including riot
A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.
Riots typically involve destruction of property, public or private. The property targete ...
and destruction of flood defences and bridges
# Offences against the administration of justice
The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to ...
# Offences against public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...
# Offences against public revenue
Government revenue or national revenue is money received by a government from taxes and non-tax sources to enable it to undertake public expenditure. Government revenue as well as government spending are components of the government budget and ...
, including smuggling
Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations.
There are various ...
# Petty treason
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 offen ...
and murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
# Stabbing, maiming and shooting at any person
# Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
, forcible abduction and other sexual offence
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes.
Some laws regarding sexual activity are ...
s
# Simple grand larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Engla ...
and allied offences
# Burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
and allied offences
# Larceny from the person
# Larceny and embezzlement
Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
by servants, Post Office
A post office is a public facility and a retailer that provides mail services, such as accepting letters and parcels, providing post office boxes, and selling postage stamps, packaging, and stationery. Post offices may offer additional serv ...
employees, clerks and other agent
Agent may refer to:
Espionage, investigation, and law
*, spies or intelligence officers
* Law of agency, laws involving a person authorized to act on behalf of another
** Agent of record, a person with a contractual agreement with an insuranc ...
s
# Blackmail
Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to fa ...
# Offences by bankrupt
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debt ...
s
# Forgery
Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forbidd ...
of deeds, bonds, testaments, bills of exchange, stocks, stamps, banknotes, etc.
# Falsely personating
Personation (rather than ''im''personation) is a primarily-legal term, meaning 'to assume the identity of another person with intent to deceive'. It is often used for the kind of voter fraud where an individual votes in an election, whilst prete ...
another with intent to defraud
# Destroying ships to the prejudice of insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...
companies
# Coin
A coin is a small, flat (usually depending on the country or value), round piece of metal or plastic used primarily as a medium of exchange or legal tender. They are standardized in weight, and produced in large quantities at a mint in order t ...
age offences
# Malicious injuries to property, including arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...
# Piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...
Relaxation of the law
In 1823, the Judgement of Death Act 1823
The Judgment of Death Act 1823 (c.48; repealed) was an Act of the Parliament of the United Kingdom (although it did not apply to Scotland). Passed at a time when there were over 200 offences in English law which carried a mandatory sentence o ...
made the death penalty discretionary for all crimes except treason and murder. Gradually during the middle of the nineteenth century the number of capital offences was reduced, and by 1861 was down to five. The last execution in the UK took place in 1964, and the death penalty was legally abolished in the following years for the crimes of:
* Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
, 1969 in England, Wales and Scotland, and 1973 in Northern Ireland
* Arson in royal dockyards
Arson in royal dockyards was a criminal offence in the United Kingdom and the British Empire. It was among the last offences that were punishable by execution in the United Kingdom. The crime was created by the Dockyards etc. Protection Act 1772 ...
, 1971
* Espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
, 1981
* Piracy with violence, 1998
* Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, 1998
* Six military offences, 1998
See also
* Black Act 1723
The Act 9 Geo 1 c 22, commonly known as the Black Act, or the Waltham Black Act, and sometimes called the Black Act 1722, the Black Act 1723, the Waltham Black Act 1722, the Criminal Law Act 1722, or the Criminal Law Act 1723, was an Act of t ...
Citations
General sources
*
Further reading
*
*
*
*
*
External links
Amnesty International: History of the Abolition of the Death Penalty in the UK
Rough justice – Victorian style, BBC News
{{Law of Europe
Legal history of England
Legal history of Ireland
Legal history of Wales
Capital punishment in the United Kingdom
Georgian era