The Treason Act 1695 (7 & 8 Will 3 c 3) is an Act of the

Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advise ...

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.

Provisions

The Act provided that: * People accused of treason should have the right to be represented by up to two

counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...

. * Nobody could be convicted of treason except by the evidence of two witnesses to the same offence (but not necessarily the same overt act of the offence). (This rule, previously enacted in the

Treason Act 1547 The Treason Act 1547 (1 Ed. 6 c.12) 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 S ...

, the Treason Act 1554 and the Sedition Act 1661, was inherited by the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

and incorporated into Article III, Section 3 of the United States Constitution, which added that both witnesses had to have witnessed the same overt act.) * Nobody could be prosecuted or punished for treason or misprision of treason unless the

indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that ...

was signed by the

grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a p ...

within three years of the crime being committed (except in cases of an attempt on the life of the King, or treason outside

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 En ...

). * A defendant should be allowed to have a copy of the indictment against him (at his own expense). * No evidence could be used against him except what was pleaded in the indictment. However, the Act did not apply to forgery (some kinds of forgery were classed as high treason by the Treason Act 1351), or to petty treason.

History

The Act was passed because previously the law had been extremely harsh, allowing little opportunity for a defendant to defend himself and enabling trumped-up charges of treason to succeed. By the 1680s even the notoriously severe Judge Jeffreys was prepared to admit that it was "hard" that the accused in a treason trial had no right to counsel. However, between 1817 and 1998 the protection of the Act was removed from those accused of treason by assaulting the heir to the throne, or misprision of such treason. Today most of the Act has been repealed, but the three-year time limit still survives (''see below''), and of course, the rights to be represented and to have a copy of the indictment (now free of charge) still exist in other legislation. However, the "two witnesses" rule no longer exists in the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...

. In 1800 this rule, and all other special rules of evidence in treason cases, were abolished for cases of killing or attempting to kill the Sovereign. The Treason Act 1842 extended this exception still further, to all attempts to maim or wound the Sovereign (non-lethal assaults on the Sovereign were treason until 1998). Finally, in 1945, the special status of treason was removed for all kinds of treason, and ever since then the evidence required, and the procedure followed, in treason proceedings have been the same as in murder trials. Repeals Sections 2 and 4 were repealed in part by the

Statute Law Revision Act 1888 The Statute Law Revision Act 1888 (51 & 52 Vict c 3) is an act of the Parliament of the United Kingdom, a Statute Law Revision Act repealing all or part of various earlier acts of Parliament. Provisions The act included a Schedule in three Pa ...

. The Treason Act 1945 repealed the whole Act, except for sections 5 and 6. Section 5 was repealed in part by the

Statute Law Revision Act 1948 The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom. Section 5(3) of the Statute Law Revision Act 1950 provided that this Act, so far as it repealed chapter 34 of the Statute of Westminster 1285 (13 Edw. 1 St. ...

The Act today

The three-year time limit described above – and the original exception to it – are still on the law books today, and are contained in sections 5 and 6 of the Act. (However grand juries were abolished in England in 1933, and now indictments need no longer be signed.) When in 2000 a British newspaper suggested that James Hewitt be prosecuted under the Treason Act 1351 for an alleged affair with

Diana, Princess of Wales Diana, Princess of Wales (born Diana Frances Spencer; 1 July 1961 – 31 August 1997) was a member of the British royal family. She was the first wife of King Charles III (then Prince of Wales) and mother of Princes William and Harry. Her ac ...

,BBC News
31.8.2000 it was pointed out that the mooted evidence fell outside the time limit.

References

The Treason Act 1695
as amended, from Legislation.gov.uk *'William III, 1695-6: An Act for regulateing of Tryals in Cases of Treason and Misprision of Treason hapter III. Rot. Parl. 7 & 8 Gul. III. pt. 1.nu.3., Statutes of the Realm: volume 7: 1695-1701 (1820), pp. 6–7. URL: http://www.british-history.ac.uk/report.asp?compid=46810. Date accessed: 16 February 2007. {{UK legislation 1695 in law 1695 in England Treason in England Acts of the Parliament of England Acts of the Parliament of England still in force English criminal law

Provisions

History

The Act today

See also

References