The Forgery Act 1837 (
7 Will. 4 & 1 Vict. c. 84) 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 abolished the punishment of the death penalty for all offences of forgery, substituting it for
transportation
Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
or imprisonment.
The act was one of the
Acts for the Mitigation of the Criminal Law
The Acts of the Apostles (, ''Práxeis Apostólōn''; ) is the fifth book of the New Testament; it tells of the founding of the Christian Church and the spread of its message to the Roman Empire.
Acts and the Gospel of Luke make up a two-par ...
(
7 Will. 4 & 1 Vict. cc. 84–91), which reduced the severity of punishments in the
criminal justice system
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
and abolished 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 several offences.
Background
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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
,
acts of Parliament remain in force until expressly repealed.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 Robbery 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
In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.
Elements
The elements of false pretenses are:
*a false representation
*of a material pa ...
, 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
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 ...
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
The Criminal Statutes Repeal Act 1827 ( 7 & 8 Geo. 4. c. 27) or the Criminal Statutes (England) Repeal Act 1827 was an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to the English criminal ...
(
7 & 8 Geo. 4. c. 27), which repealed for
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 ...
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
The Criminal Statutes (Ireland) Repeal Act 1828 ( 9 Geo. 4. c. 53) was an act of the Parliament of the United Kingdom that repealed for Ireland enactments relating to the criminal law from 1225 to 1826.
The act included repeals mirroring for ...
(
9 Geo. 4. 54), which repealed 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 ...
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 (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
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 (Ireland) Act 1828
The Malicious Injuries to Property Act 1827 ( 7 & 8 Geo. 4. c. 30) or the Malicious Injuries to Property (England) Act 1827 was an act of the Parliament of the United Kingdom. It was one of Peel's Acts, replacing the provisions abolished in ...
(
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
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 ...
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 1829, the
Offences Against the Person (Ireland) Act 1829
The Offences Against the Person (Ireland) Act 1829 ( 10 Geo. 4. c. 34), also known as the Offences Against the Person Act (Ireland) 1829, is an act of the Parliament of the United Kingdom that consolidated for Ireland enactments related to off ...
(
10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed 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 ...
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
The Criminal Statutes Repeal Act 1827 ( 7 & 8 Geo. 4. c. 27) or the Criminal Statutes (England) Repeal Act 1827 was an act of the Parliament of the United Kingdom that repealed for England and Wales enactments relating to the English criminal ...
(
7 & 8 Geo. 4. c. 27) 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).
In 1830, the
Forgery Act 1830 (
11 Geo. 4 & 1 Will. 4. c. 66) was passed, which consolidated provisions in the law relating to
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 ...
and repealed for
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 ...
over 25 enactments relating to the criminal law.
In 1832, the
Coinage Offences Act 1832
The Coinage Offences Act 1832 ( 2 & 3 Will. 4. c. 34) was an act of the Parliament of the United Kingdom that consolidated for the United Kingdom all legislation concerning the counterfeiting and clipping of coins into one act. Such conduct w ...
(
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
Clipping may refer to:
Words
* Clipping (morphology), the formation of a new word by shortening it, e.g. "ad" from "advertisement"
* Clipping (phonetics), shortening the articulation of a speech sound, usually a vowel
* Clipping (publications ...
of coins, repealed 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 ...
almost 50 enactments relating to the criminal law, and abolished the punishment of 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 coinage offences.
In 1832, the
Forgery, Abolition of Punishment of Death Act 1832
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 that for the United Kingdom the death penalty for all offences of forgery, except for forging wills and certain ...
(
2 & 3 Will. 4. c. 123) was passed, which abolished the punishment of the death penalty 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
wills and certain
powers of attorney.
In 1837, bills were introduced by the
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 ...
,
Lord John Russell
John Russell, 1st Earl Russell (18 August 1792 – 28 May 1878), known as Lord John Russell before 1861, was a British Whig and Liberal statesman who served as Prime Minister of the United Kingdom from 1846 to 1852 and again from 1865 to 186 ...
, to reduce the severity of punishments in the
criminal justice system
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
and abolish 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 several offences:
*
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 ...
*
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 ...
*
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 ...
*
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 valuable goods, or taking hostages. Those who conduct acts of piracy are call ...
*
Arson
Arson is the act 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, watercr ...
*
Solitary confinement
Solitary confinement (also shortened to solitary) is a form of imprisonment in which an incarcerated person lives in a single Prison cell, cell with little or no contact with other people. It is a punitive tool used within the prison system to ...
*
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 ...
Passage
Leave to bring in the Forgery Bill was granted to the
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 ...
,
Lord John Russell
John Russell, 1st Earl Russell (18 August 1792 – 28 May 1878), known as Lord John Russell before 1861, was a British Whig and Liberal statesman who served as Prime Minister of the United Kingdom from 1846 to 1852 and again from 1865 to 186 ...
, 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 ...
,
John Campbell 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 ...
,
Robert Rolfe , on 23 March 1837.
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
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 ...
on 10 April 1837,
introduced by
Lord John Russell
John Russell, 1st Earl Russell (18 August 1792 – 28 May 1878), known as Lord John Russell before 1861, was a British Whig and Liberal statesman who served as Prime Minister of the United Kingdom from 1846 to 1852 and again from 1865 to 186 ...
as part of a wider package of acts to reduce the severity of punishment in the criminal justice system. 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
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 ...
on 24 April 1837 and was committed to a
committee of the whole house.
During debate,
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 ...
expressed concerns about the preparedness of the House to discuss the measures, and the effectiveness of secondary punishments including transpiration and imprisonment.
The committee which met on 19 May 1837 and reported on 30 May 1837, with amendments.
The report was considered on 27 June 1837, and the amended bill 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
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 ...
on 1 July 1837, without amendments.
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
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 ...
on 1 July 1837.
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
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 ...
on 4 July 1837 and was committed to a
committee of the whole house,
introduced by
Thomas Aitchison-Denman, 2nd Baron Denman.
The measures in the bill to reduce
capital punishment
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 (law), sentence ordering that an offender b ...
was supported by
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 ...
, but the rushed timeline of the bill was criticised.
The committee met on 10 July 1837 and reported on 11 July 1837, with amendments.
The amended bill 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
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 ...
on 11 July 1837,
with amendments, and passed on 14 July 1837, with amendments.
The amended bill was considered and agreed to by the
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 ...
on 15 July 1837.
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 17 July 1837.
Provisions
Section 1
Section 1 of the act abolished the death penalty for the offences mentioned in the preamble, including:
*
Forgery Act 1830 (
1 Will. 4. c. 66)
*
Government Annuities Act 1832 (
2 & 3 Will. 4. c. 59)
*
Forgery, Abolition of Punishment of Death Act 1832
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 that for the United Kingdom the death penalty for all offences of forgery, except for forging wills and certain ...
(
2 & 3 Will. 4. c. 123)
*
Loans for Jamaica, Trinidad, etc. Act 1832 (
2 & 3 Will. 4. c. 125)
*
Abolition of Slavery Act 1835 (
5 & 6 Will. 4. c. 45)
*
Dominica, etc., Relief Act 1835 (
5 & 6 Will. 4. c. 51)
It provided instead that a person convicted of any of those offences after the passing of the act 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:
Section 2
Section 2 of the act repealed parts of several earlier acts relating to forgery, providing that a person convicted of any of those offences after the passing of the act 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, including:
*
Forgery, Abolition of Punishment of Death Act 1832
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 that for the United Kingdom the death penalty for all offences of forgery, except for forging wills and certain ...
(
2 & 3 Will. 4. c. 123)
*
Criminal Law Act 1833 (
3 & 4 Will. 4. c. 44)
*
Customs, etc. Act 1833 (
3 & 4 Will. 4. c. 51)
Section 3
Section 3 of the act provided that persons convicted of offences made punishable by imprisonment could be kept to hard labour and solitary confinement.
Section 4
Section 4 of the act provided that the act did not affect the powers conferred by
Prisons Act 1835 (
5 & 6 Will. 4. c. 38) or
Gaols Act 1823 (
4 Geo. 4. c. 64).
Section 5
Section 5 of the act provided that the act was to come into force on 1 October 1837.
Legacy
Subsequent developments
The act was one of the
Acts for the Mitigation of the Criminal Law
The Acts of the Apostles (, ''Práxeis Apostólōn''; ) is the fifth book of the New Testament; it tells of the founding of the Christian Church and the spread of its message to the Roman Empire.
Acts and the Gospel of Luke make up a two-par ...
(
7 Will. 4 & 1 Vict. cc. 84–91), which reduced the severity of punishments in the
criminal justice system
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
and abolished 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 several offences:
* Forgery Act 1837 (
7 Will. 4 & 1 Vict. c. 84)
*
Offences Against the Person Act 1837 (
7 Will. 4 & 1 Vict. c. 85)
*
Burglary Act 1837 (
7 Will. 4 & 1 Vict. c. 86)
*
Robbery from the Person Act 1837 (
7 Will. 4 & 1 Vict. c. 87)
*
Piracy Act 1837
The Piracy Act 1837 ( 7 Will. 4 & 1 Vict. c. 88) is an act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishabl ...
(
7 Will. 4 & 1 Vict. c. 88)
*
Burning of Buildings, etc. Act 1837 (
7 Will. 4 & 1 Vict. c. 89)
*
Solitary Confinement Act 1837 (
7 Will. 4 & 1 Vict. c. 90)
*
Punishment of Offences Act 1837 (
7 Will. 4 & 1 Vict. c. 91)
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,
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 ...
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
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 ...
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
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 ...
, 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
*
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 ...
*
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
The Larceny Act 1861 ( 24 & 25 Vict. c. 96) was an act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was) that consolidated provisions related to larceny and similar offences from a number of earlier statutes ...
(
24 & 25 Vict. c. 96)
*
Malicious Damage Act 1861
The Malicious Damage Act 1861 ( 24 & 25 Vict. c. 97) is an act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was). It consolidated provisions related to malicious damage from a number of earlier statutes into ...
(
24 & 25 Vict. c. 97)
*
Forgery Act 1861
The Forgery Act 1861 ( 24 & 25 Vict. c. 98) is an act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was) that consolidated provisions related to forgery from a number of earlier statutes into a single act. For ...
(
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)
Repeal
The act was partially repealed by the
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), specifically:
The act was partially repealed by the
Statute Law Revision Act 1874
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 ...
(
37 & 38 Vict. c. 35), specifically:
The act was wholly repealed by section 39 of, and schedule 2 to, the
Government Annuities Act 1929 (
19 & 20 Geo. 5. c. 29).
Notes
References
*John Frederick Archbold. "1 Victoria, c. 84". The Recent Criminal Statutes, (1 Victoria, cc. 84 to 91,) with Forms of Indictments, Notes and Index. Shaw & Sons. Fetter Lane, London. 1837. Page
1to 16.
*Richard Matthews. "Forgery". The Criminal Law as altered by various Statutes of Will. IV. and 1 Victoria. Alphabetically Arranged. Comprising the New Statutes, New Forms of Indictment, the Evidence necessary to support them, the Punishment in each Case, and an Index. Saunders and Benning. Fleet Street, London. 1837. Page
86to 97. See also "Forgery - Abolishing Death in" at pages 209 to 215, and "Punishment" at page 168.
*"The Forgery Act, 1837".
Halsbury's Statutes of England. First Edition. Butterworth & Co (Publishers) Ltd. Bell Yard, Temple Bar, London. 1929. Volume 4
Page 460.
*William Newland Welsby and Edward Beavan. Chitty's Collection of Statutes. Second Edition. S Sweet. London. Hodges and Smith. Dublin. 1851. Volume 2. Title "Criminal Law". Subtitle "Forgery and False Personation". Page
241
to 243.
*John Tidd Pratt. A Collection of the Public General Statutes passed in the last Session (7 Will. 4 & 1 Vic.) as far as relates to the Office of a Justice of the Peace and to parochial matters, in England and Wales, with Notes, References, and an Index. Shaw & Sons. Fetter Lane, London. 1837. Page
119
to 125.
*"Abstract of Public General Statutes" (1837) 18 The Law Magazin
487
{{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