The Forgery, Abolition of Punishment of Death Act 1832 ( 2 & 3 Will. 4. c. 123) was an act of the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

that for 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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...

the

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

for all offences of

forgery Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific mens rea, intent to wikt:defraud#English, defraud. Tampering with a certain legal instrument may be fo ...

, except for forging

will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...

s and certain powers of attorney.

Background

In the

, acts of Parliament remain in force until expressly repealed. Blackstone's ''

Commentaries on the Laws of England The ''Commentaries on the Laws of England'' (commonly, but informally known as ''Blackstone's Commentaries'') are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarend ...

'', published in the late

18th-century The 18th century lasted from 1 January 1701 (represented by the Roman numerals MDCCI) to 31 December 1800 (MDCCC). During the 18th century, elements of Enlightenment thinking culminated in the Atlantic Revolutions. Revolutions began to cha ...

, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book. In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book. From 1810 to 1825,

The Statutes of the Realm ''The Statutes of the Realm'' is an authoritative collection of acts of the Parliament of England from the earliest times to the Union of the Parliaments in 1707, and acts of the Parliament of Great Britain passed up to the death of Queen A ...

was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done. In 1812,

William Booth William Booth (10 April 1829 – 20 August 1912) was an English Methodist preacher who, along with his wife, Catherine, founded the Salvation Army and became its first General (1878–1912). This Christian movement, founded in 1865, has a qu ...

was the last person to be hanged for forgery in England. A public outcry at the harshness of his sentence resulted in the death penalty in

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...

being reserved for capital crimes, making Booth the last person in England hanged for a non-capital crime. In 1822,

Sir Robert Peel Sir Robert Peel, 2nd Baronet (5 February 1788 – 2 July 1850), was a British Conservative statesman who twice was Prime Minister of the United Kingdom (1834–1835, 1841–1846), and simultaneously was Chancellor of the Exchequer (1834–183 ...

entered the cabinet as

home secretary The secretary of state for the Home Department, more commonly known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom and the head of the Home Office. The position is a Great Office of State, maki ...

and in 1826 introduced a number of reforms to the

English criminal law English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, i ...

, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier

statutes A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

, including: *

Benefit of Clergy In English law, the benefit of clergy ( Law Latin: ''privilegium clericale'') was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ec ...

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 Eng ...

and other Offences of Stealing *

Burglary Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually ...

Robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...

and

Threat A threat is a communication of intent to inflict harm or loss on another person. Intimidation is a tactic used between conflicting parties to make the other timid or psychologically insecure for coercion or control. The act of intimidation f ...

s for the Purpose of

or of

Extortion Extortion is the practice of obtaining benefit (e.g., money or goods) through coercion. In most jurisdictions it is likely to constitute a criminal offence. Robbery is the simplest and most common form of extortion, although making unfounded ...

Embezzlement Embezzlement (from Anglo-Norman, from Old French ''besillier'' ("to torment, etc."), of unknown origin) is a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking ...

, False Pretences, and the

Receipt of Stolen Property Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individua ...

* Malicious Injuries to Property * Remedies against the

Hundred 100 or one hundred (Roman numerals, Roman numeral: C) is the natural number following 99 (number), 99 and preceding 101 (number), 101. In mathematics 100 is the square of 10 (number), 10 (in scientific notation it is written as 102). The standar ...

In 1827, several acts were passed for this purpose, territorially limited to

and

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

, including: * Criminal Statutes Repeal Act 1827 ( 7 & 8 Geo. 4. c. 27), which repealed for

over 140 enactments relating to the

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

. * Criminal Law Act 1827 ( 7 & 8 Geo. 4. c. 28), which modernised the administration of criminal justice. * Larceny Act 1827 ( 7 & 8 Geo. 4. c. 29), which consolidated provisions in the law relating to

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 Eng ...

. * Malicious Injuries to Property Act 1827 ( 7 & 8 Geo. 4. c. 30), which consolidated provisions in the law relating to malicious injuries to property. In 1828, parallel bills for

Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...

to Peel's Acts were introduced, becoming: * Criminal Statutes (Ireland) Repeal Act 1828 ( 9 Geo. 4. 54), which repealed for

over 140 enactments relating to the

. * Criminal Law (Ireland) Act 1828 ( 9 Geo. 4. 54), which modernised the administration of criminal justice. * Larceny (Ireland) Act 1828 ( 9 Geo. 4. c. 55) which consolidated provisions in the law relating to

. * Malicious Injuries to Property (Ireland) Act 1828 ( 9 Geo. 4. c. 56), which consolidated provisions in the law relating to malicious injuries to property. In 1828, the

Offences Against the Person Act 1828 The Offences Against the Person Act 1828 ( 9 Geo. 4. c. 31), also known as Lord Lansdowne's Act, was an act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the ...

( 9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to

offences against the person In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analysed by division into the fol ...

and repealed for

almost 60 enactments relating to the

. In 1829, the Offences Against the Person (Ireland) Act 1829 ( 10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to

and repealed for

almost 60 enactments relating to the

Criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

. In 1828, the

Criminal Law (India) Act 1828 The Criminal Law (India) Act 1828 ( 9 Geo. 4. c. 74) was an act of the Parliament of the United Kingdom that reformed criminal justice in India. The act repealed for India acts repealed for England and Wales in the Criminal Statutes Repeal ...

( 9 Geo. 4. c. 74) was passed, which repealed for

India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

offences repealed by the Criminal Statutes Repeal Act 1827 ( 7 & 8 Geo. 4. c. 27) the

( 9 Geo. 4. c. 31). In 1830, the Forgery Act 1830 ( 11 Geo. 4 & 1 Will. 4. c. 66) was passed, which consolidated provisions in the law relating to

and repealed for

over 25 enactments relating to the criminal law. In 1832, the Coinage Offences Act 1832 ( 2 & 3 Will. 4. c. 34) was passed, which consolidated provisions in the law relating to the

counterfeit A counterfeit is a fake or unauthorized replica of a genuine product, such as money, documents, designer items, or other valuable goods. Counterfeiting generally involves creating an imitation of a genuine item that closely resembles the original ...

ing and clipping of coins, repealed for the

almost 50 enactments relating to the criminal law, and abolished the punishment of the

for coinage offences.

Passage

In 1832, several petitions were made to

to abolish the

in relation to offences of

: * 30 March 1832 (

House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...

): residents of Monstrevan. * 17 May 1832 (

): residents of

Folkestone Folkestone ( ) is a coastal town on the English Channel, in Kent, south-east England. The town lies on the southern edge of the North Downs at a valley between two cliffs. It was an important harbour, shipping port, and fashionable coastal res ...

. * 17 May 1832 (

): residents of

Athy Athy ( ; ) is a market town at the meeting of the River Barrow and the Grand Canal in south-west County Kildare, Ireland, 72 kilometres southwest of Dublin. A population of 11,035 (as of the 2022 census) made it the sixth largest town in Kil ...

. * 14 June 1832 (

): residents of

Derry Derry, officially Londonderry, is the second-largest City status in the United Kingdom, city in Northern Ireland, and the fifth-largest on the island of Ireland. Located in County Londonderry, the city now covers both banks of the River Fo ...

, Portarlington,

Cavan Cavan ( ; ) is the county town of County Cavan in Republic of Ireland, Ireland. The town lies in Ulster, near the border with County Fermanagh in Northern Ireland. The town is bypassed by the main N3 road (Ireland), N3 road that links Dublin ( ...

and

Ballybay Ballybay () is a town and civil parish in County Monaghan, Ireland. The town is centred on the crossroads of the R183 and R162 roads. Geography The town is the meeting point for roads going to Monaghan, Castleblayney, Carrickmacross and ...

. * 22 June 1832 (

): residents of Leiglin Bridge and

Kildare Kildare () is a town in County Kildare, Ireland. , its population was 10,302, making it the 7th largest town in County Kildare. It is home to Kildare Cathedral, historically the site of an important abbey said to have been founded by Saint ...

. * 29 June 1832 (

): residents of Youghall. * 2 July 1832 (

): residents of Thornton, Aisgarth and Bangor. * 6 July 1832 (

): residents of Parsons Town. * 9 July 1832 (

): residents of

. * 13 July 1832 (

): residents of

Lutterworth Lutterworth is an historic market town and Civil parishes in England, civil parish in the Harborough District, Harborough district of Leicestershire, England. The town is located in southern Leicestershire, close to the borders with Warwicks ...

. * 17 July 1832 (

): residents of Bagnal's Town. * 25 July 1832 (

): residents of

Jedburgh Jedburgh ( ; ; or ) is a town and former royal burgh in the Scottish Borders and the traditional county town of the Shires of Scotland, historic county of Roxburghshire. History Jedburgh began as ''Jedworð'', the "worth" or enclosed settlem ...

. * 25 July 1832 (

): residents of

Liverpool Liverpool is a port City status in the United Kingdom, city and metropolitan borough in Merseyside, England. It is situated on the eastern side of the River Mersey, Mersey Estuary, near the Irish Sea, north-west of London. With a population ...

. * 2 August 1832 (

): grand jurors from Leitrim. * 3 August 1832 (

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

): residents of Castle Comer. * 3 August 1832 (

): residents of

Waterford Waterford ( ) is a City status in Ireland, city in County Waterford in the South-East Region, Ireland, south-east of Ireland. It is located within the Provinces of Ireland, province of Munster. The city is situated at the head of Waterford H ...

. * 3 August 1832 (

): residents of

Roscrea Roscrea () is a market town in County Tipperary, Ireland. In 2022 it had a population of 5,542. Roscrea is one of the oldest towns in Ireland, having developed around the 7th century monastery of Crónán of Roscrea, Saint Crónán of Roscrea, p ...

. * 4 August 1832 (

): residents of Donegal. * 6 August 1832 (

): residents of

. * 6 August 1832 (

): residents of

. * 6 August 1832 (

): residents of Cootehill. * 6 August 1832 (

): residents of Newtown Limivady. * 6 August 1832 (

): residents of Rathangan. * 6 August 1832 (

): residents of Thornton Rusts. * 6 August 1832 (

): members of the

Leinster Leinster ( ; or ) is one of the four provinces of Ireland, in the southeast of Ireland. The modern province comprises the ancient Kingdoms of Meath, Leinster and Osraige, which existed during Gaelic Ireland. Following the 12th-century ...

Circuit Bar. * 7 August 1832 (

): residents of

Lisburn Lisburn ( ; ) is a city in Northern Ireland. It is southwest of Belfast city centre, on the River Lagan, which forms the boundary between County Antrim and County Down. First laid out in the 17th century by English and Welsh settlers, with t ...

. * 7 August 1832 (

): grand jurors from Leitrim. * 7 August 1832 (

): residents of

Dublin Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...

. * 8 August 1832 (

): Mr Sadler. * 9 August 1832 (

): grand jurors from Lisburne. * 9 August 1832 (

): residents of

Kingsbridge Kingsbridge is a market town in the South Hams district of Devon, England, with a population of 6,116 at the United Kingdom Census 2011, 2011 census. Two electoral wards bear the name of ''Kingsbridge'' (East & North). Their combined population ...

. * 9 August 1832 (

): residents of Bishop Stortford. * 9 August 1832 (

): residents of Loughall. * 9 August 1832 (

): members of the National Political Union. * 11 August 1832 (

): residents of Rathangan, Ramelton and

, and grand jurors from

Wexford Wexford ( ; archaic Yola dialect, Yola: ''Weiseforthe'') is the county town of County Wexford, Republic of Ireland, Ireland. Wexford lies on the south side of Wexford Harbour, the estuary of the River Slaney near the southeastern corner of the ...

. * 16 August 1832 (

): residents of

. * 13 August 1832 (

): residents of

. * 13 August 1832 (

): residents of Ramelton. * 13 August 1832 (

): residents of Leighlin Bridge. Leave to bring in the Forgery Punishments Bill was granted to the

attorney general In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

, Thomas Denman , and the

solicitor general A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...

, Sir William Horne , and the Bill had its

first reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...

in the

on 22 June 1832, introduced by Thomas Denman . The Bill had its

second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...

in the

on 30 June 1832, and was committed to a Committee of the Whole House, which met on 24 July 1832 and reported on 25 July 1832, with amendments. The amended Bill was considered on 26 July 1832 and had its

third reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...

in the

on 31 July 1832. Notable opposition came from Sir Charles Wetherell . The Bill had its

in the

on 1 August 1832. The Bill had its

in the

on 10 August 1832, introduced by the

Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...

Henry Brougham, 1st Baron Brougham and Vaux Henry Peter Brougham, 1st Baron Brougham and Vaux, (; 19 September 1778 – 7 May 1868) was a British statesman who became Lord High Chancellor of Great Britain and played a prominent role in passing the Reform Act 1832 and Slavery A ...

, and was committed to a Committee of the Whole House, which met on 13 August 1832, and reported on 14 August 1832, with amendments, adding exceptions at the request of Lord Wynford, allowing the

in cases of forgery of wills and

power of attorney A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...

. The amended Bill had its

in the

on 15 August 1832, with amendments. The amended Bill was considered and agreed to by the

on 15 August 1832. The Bill was granted

royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...

on 16 August 1832.

Provisions

Section 1 of the act abolished the

for all offences of

. Section 2 of the act provided that this abolition did not extent to punishments for forging or altering wills and certain powers of attorney. Section 3 of the act provided that it is sufficient to describe a forgery in an indictment and that indictments did not need to include a copy of the forged document.

Legacy

Subsequent developments

At the start of the parliamentary session in 1853,

Lord Cranworth Robert Monsey Rolfe, 1st Baron Cranworth, PC (18 December 1790 – 26 July 1868) was a British lawyer and Liberal politician. He twice served as Lord High Chancellor of Great Britain. Background and education Born at Cranworth, Norfolk, he ...

announced his intention to the improvement of the statute law and in March 1853, appointed the

Board for the Revision of the Statute Law The Board for the Revision of the Statute Law (also known as the Statute Law Board or the Board for the Consolidation of the Statute Laws) was a commission from 1853 to 1854 to consolidate a significant portion of the statute law of the United ...

to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform. In 1854,

appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

. The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 ( 19 & 20 Vict. c. 64). On 17 February 1860, the

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

, Sir Richard Bethell told the

that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time. In 1861, bills were introduced to consolidate and modernise the

, drafted by Charles Sprengel Greaves across: *

Offences Against the Person In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analysed by division into the fol ...

* Malicious Injuries to Property *

Forgery Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific mens rea, intent to wikt:defraud#English, defraud. Tampering with a certain legal instrument may be fo ...

* Coining * Accessories and Abettors In 1861, the Criminal Law Consolidation Acts were passed: *

Accessories and Abettors Act 1861 The Accessories and Abettors Act 1861 ( 24 & 25 Vict. c. 94) is a mainly repealed Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated statutory English criminal law related to accomplices, including many cl ...

( 24 & 25 Vict. c. 94) *

Criminal Statutes Repeal Act 1861 The Criminal Statutes Repeal Act 1861 ( 24 & 25 Vict. c. 95) was an act of the Parliament of the United Kingdom that repealed for England and Wales and Ireland enactments relating to the English criminal law from 1634 to 1860. The act was int ...

( 24 & 25 Vict. c. 95) * Larceny Act 1861 ( 24 & 25 Vict. c. 96) * Malicious Damage Act 1861 ( 24 & 25 Vict. c. 97) * Forgery Act 1861 ( 24 & 25 Vict. c. 98) *

Coinage Offences Act 1861 The Coinage Offences Act 1861 ( 24 & 25 Vict. c. 99) was an act of the Parliament of the United Kingdom which codified various coinage offences. It was repealed and replaced by the Coinage Offences Act 1936 ( 26 Geo. 5 & 1 Edw. 8. c. 16). ...

( 24 & 25 Vict. c. 99) *

Offences Against the Person Act 1861 The Offences against the Person Act 1861 ( 24 & 25 Vict. c. 100) is an act of the Parliament of the United Kingdom that consolidated provisions related to offences against the person (an expression which, in particular, includes offences of ...

( 24 & 25 Vict. c. 100)

Repeals

Section 1 of the Forgery Act 1837 ( 7 Will. 4 & 1 Vict. c. 84) abolished the exception, providing that any person convicted of any of those offences was liable to be

transported ''Transported'' is an Australian convict melodrama film directed by W. J. Lincoln. It is considered a lost film. Plot In England, Jessie Grey is about to marry Leonard Lincoln but the evil Harold Hawk tries to force her to marry him and she ...

for life, or for a term not less than seven years, or to be imprisoned for a term not exceeding four years and not less than two years. The whole act was repealed by section 1 of, and the schedule to, the

''('' 24 & 25 Vict. c. 95).

References

{{Authority control Robert Peel English criminal law Forgery in the United Kingdom United Kingdom Acts of Parliament 1832 Repealed United Kingdom Acts of Parliament Capital punishment in the United Kingdom

Background

Passage

Provisions

Legacy

Subsequent developments

Repeals

See also

References