The Forfeiture Act 1870 (33 & 34 Vict c 23) is a British
Act of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
that abolished the automatic
forfeiture of goods and land as a punishment for
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 ...
and
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
. It does not apply to
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, which did not fully abolish forfeiture until th
Criminal Justice (Scotland) Act 1949 Prior to the Act being passed, a person convicted of treason or felony automatically and permanently forfeited all of his lands and possessions to the Crown. The old offence of ''
praemunire
In English history, ''praemunire'' or ''praemunire facias'' () refers to a 14th-century law that prohibited the assertion or maintenance of papal jurisdiction, or any other foreign jurisdiction or claim of supremacy in England, against the suprema ...
'', which was also punished with forfeiture, was only a
misdemeanour
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 ...
, and so the Act did not apply to it.
Although the Act is mostly repealed today, section 2 remains in force and states that anyone convicted of treason shall be disqualified from holding public office, shall lose his
right to vote in elections (except in elections to local authorities),
[Local Government (Members and Officers) Act (Northern Ireland) 1964, Schedule] and lose his pension. (His pension can however be restored, in whole or in part, under section 70 of the Criminal Justice Act 1948.)
Section 31 of the Forfeiture Act also abolished the final incarnation of the punishment of being
hanged, drawn and quartered
To be hanged, drawn and quartered became a statutory penalty for men convicted of high treason in the Kingdom of England from 1352 under Edward III of England, King Edward III (1327–1377), although similar rituals are recorded during the rei ...
, which had been law in various forms since ancient times.
See also
*
Treason Act 1814
The Treason Act 1814 (54 Geo. III c. 146) 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.
Originally the mandatory sentence for a man convicted of hi ...
*
High treason in the United Kingdom
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 eld ...
*
Corruption of Blood Act 1814
The Corruption of Blood Act 1814 (54 Geo. 3 c. 145) 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 ...
Notes
References
External links
*
* which supplements the Forfeiture Act.
United Kingdom Acts of Parliament 1870
English criminal law
1870 in England
1870 in Wales
Acts of the Parliament of the United Kingdom concerning England and Wales
{{England-law-stub