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The Criminal Procedure Act 1851 ( 14 & 15 Vict. c. 100) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. It was drafted by
Charles Sprengel Greaves Charles Sprengel Greaves MA QC (1802–1881), eldest son of William Greaves MD (1771–1848) of Mayfield, Staffordshire, by his first wife, Anne-Lydia, was born at Burton on 18 July 1802.Rupert Simms. Bibliotheca Staffordiensis. Printed for th ...
. Stephen said that compared to earlier legislation on defects in
indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
s, the Criminal Procedure Act 1851 "went further in the way of removing technicalities, but it did so by an enumeration of them, so technical and minute, that no one could possibly understand it who had not first acquainted himself with all the technicalities which it was meant to abolish." Stephen, J F. History of the Criminal Law of England. 1883. Volume 1
Page 285
The whole Act was repealed by Part I of Schedule 1 to the
Statute Law (Repeals) Act 1986 The Statute Law (Repeals) Act 1986 (c 12) is an Act of the Parliament of the United Kingdom. This Act was partly in force in Great Britain at the end of 2010. It implemented recommendations contained in the twelfth report on statute law revisi ...
.


Section 1

In this section, the words "both with respect to the liability of witnesses to be prosecuted for perjury and otherwise" were repealed by th
Schedule
to the
Perjury Act 1911 The Perjury Act 1911 (1 & 2 Geo 5 c 6) is an Act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences. This Act has effect as if section 89 of the Criminal Justice Act 1967 and section 80 o ...
.


Section 4

This section was repealed by 24 & 25 Vict c 95.


Section 5

So much of this section as related to forging or uttering any instrument was repealed by 24 & 25 Vict c 95. In this section, so far as it related to Ireland, the words "stealing, "embezzling," and the words "or for obtaining by false pretences" were repealed by th
Schedule
to the
Larceny Act 1916 The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences. The definition of larceny for the purposes of the Ac ...
.


Section 6

This section was repealed by 24 & 25 Vict c 95.


Section 8

This section was repealed by 24 & 25 Vict c 95.


Section 9

This section was repealed b
Part III
of Schedule 3 to the
Criminal Law Act 1967 The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territ ...
.


Section 11

This section was repealed by 24 & 25 Vict c 95.


Section 12

This section was repealed by Part III of Schedule 3 to the Criminal Law Act 1967.


Sections 13 to 17

These sections were repealed by 24 & 25 Vict c 95.


Section 18

This section, from the words "and in cases" to the end of the section, repealed by the Schedule to the Larceny Act 1916.


Sections 19 to 22

These sections were repealed by the Schedule to the Perjury Act 1911.


Section 27

This section, so far as it applied to Northern Ireland, was repealed b
Part I
of Schedule 7 to the
Judicature (Northern Ireland) Act 1978 The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland. Prior to the partition of Ireland, Northern Ir ...
.


Section 29

So much of this section as related to any indecent assault, or any
assault occasioning actual bodily harm Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and t ...
, or any attempt to have carnal knowledge of a girl under twelve years of age, was repealed by 24 & 25 Vict c 95.


Section 30

In this section, the word "information", the words "and presentment," and the words from "and the terms" to "a presentment" were repealed by Part III of Schedule 3 to the Criminal Law Act 1967.


See also

*
Criminal Procedure Act Criminal Procedure Act (with its variations) is a stock short title used for legislation relating to criminal procedure in Hong Kong, Malaysia, New Zealand, the Republic of Ireland, South Africa and the United Kingdom. The Bill for an Act with th ...


References

*
Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...
, *Charles Sprengel Greaves. Lord Campbell's Acts, for the Further Improving the Administration of Criminal Justice, and the Better Prevention of Offences. Late W Benning & Co. Fleet Street, London. 1851. Page
1
to 35. *Robert Richard Pearce. The New Law of Indictments; comprising Lord Campbell's Administration of Criminal Justice Improvement Act; An Act for the Better Prevention of Offences; and An Act to Amend the Law Relating to the Expenses of Prosecutions, &c. S Sweet, and Stevens & Norton. London. 1851. Page
19
to 44. *William Hanbury Aggs. Chitty's Statutes of Practical Utility. Sixth Edition. Sweet and Maxwell. Stevens and Sons. Chancery Lane, London. 1912
Volume 3
Title "Criminal Law". Page 258 et seq. *John Mounteney Lely. "The Criminal Procedure Act, 1851". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1894. Volume 3. Title "Criminal Law". Page
78
to 85. *John Mounteney Lely. Chitty's Collection of Statutes of Practical Utility. Fourth Edition. Henry Sweet. Stevens and Sons. Chancery Lane, London. 1880. Volume 2. Title "Criminal Law". Page
262
to 267. *The Statutes: Third Revised Edition. HMSO. London. 1950
Volume 6
Page 112 et seq. *The Statutes: Second Revised Edition. Printed under the authority of HMSO. London. 1894. Volume 8. Page
1002
to 1008. *The Statutes: Revised Edition. London. 1877. Volume 11. Page
260
to 265. *William Paterson (ed). "Administration of Criminal Justice Improvement Act". The Practical Statutes of the Session 1851. John Crockford. Essex Street, Strand, London. 1851. Page
256
to 271. *A Collection of the Public General Statutes passed in the Fourteenth and Fifteenth Year of the Reign of Her Majesty Queen Victoria, 1851. Queen's Printer. London. 1851
Page 831
et seq.


External links



as amended from the
Irish Statute Book The Irish Statute Book, also known as the electronic Irish Statute Book (eISB), is a database produced by the Office of the Attorney General of Ireland. It contains copies of Acts of the Oireachtas and statutory instruments.
.
British Public Statutes Affected
for 1851. Irish Statute Book.

BAILII The British and Irish Legal Information Institute (BAILII, pronounced "Bailey") provides legal information, and especially reports of cases decided by courts, in the United Kingdom generally. Decisions from England and Wales, Ireland, Northern ...
. {{UK legislation United Kingdom Acts of Parliament 1851