Treason Felony Act 1848, Section 3

Total Page:16

File Type:pdf, Size:1020Kb

Treason Felony Act 1848, Section 3 Changes to legislation: There are currently no known outstanding effects for the Treason Felony Act 1848, Section 3. (See end of Document for details) Treason Felony Act 1848 1848 CHAPTER 12 11 and 12 Vict 3 Offences declared felonies by this Act to be punishable by transportation or imprisonment. If any person whatsoever shall, within the United Kingdom or without, compass, imagine, invent, devise, or intend to deprive or depose our Most Gracious Lady the Queen, from the style, honour, or royal name of the imperial crown of the United Kingdom, or of any other of her Majesty’s dominions and countries, or to levy war against her Majesty, within any part of the United Kingdom, in order by force or constraint to compel her to change her measures or counsels, or in order to put any force or constraint upon or in order to intimidate or overawe both Houses or either House of Parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom or any other of her Majesty’s dominions or countries under the obeisance of her Majesty, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing . F1 or by any overt act or deed, every person so offending shall be guilty of felony, and being convicted thereof shall be liable . F2 to be transported beyond the seas for the term or his or her natural life . F2 Textual Amendments F1 Words repealed by Statute Law Revision Act 1891 (c. 67) F2 Words repealed by Statute Law Revision Act 1892 (c. 19) Modifications etc. (not altering text) C1 Reference to transportation for life to be construed as reference to imprisonment for life or any shorter term: Penal Servitude Act 1857 (c. 3), s. 2, (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 22(1)(2) 2 Treason Felony Act 1848 (c. 12) Document Generated: 2021-07-06 Changes to legislation: There are currently no known outstanding effects for the Treason Felony Act 1848, Section 3..
Recommended publications
  • New Media, Free Expression, and the Offences Against the State Acts
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2020 New Media, Free Expression, and the Offences Against the State Acts Laura K. Donohue Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/2248 https://ssrn.com/abstract=3825722 Laura K. Donohue, New Media, Free Expression, and the Offences Against the State Acts, in The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act? 163 (Mark Coen ed., Oxford: Hart Publishing 2021). This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, European Law Commons, Human Rights Law Commons, International Law Commons, Internet Law Commons, Legislation Commons, and the National Security Law Commons New Media, Free Expression, and the Offences Against the State Acts Laura K. Donohue1 Introduction Social media has become an integral part of modern human interaction: as of October 2019, Facebook reported 2.414 billion active users worldwide.2 YouTube, WhatsApp, and Instagram were not far behind, with 2 billion, 1.6 billion, and 1 billion users respectively.3 In Ireland, 3.2 million people (66% of the population) use social media for an average of nearly two hours per day.4 By 2022, the number of domestic Facebook users is expected to reach 2.92 million.5 Forty-one percent of the population uses Instagram (65% daily); 30% uses Twitter (40% daily), and another 30% uses LinkedIn.6 With social media most prevalent amongst the younger generations, these numbers will only rise.
    [Show full text]
  • High Treason
    11th October 2017 High Treason The first Treason Act in England was enacted by Parliament at the time of Edward III in 1351, which codified the common law of Treason and contained most of acts defined as Treason. It is still in force but has been very significantly amended (Wikipedia - Treason Act 1351). The main definitions relate to any person planning or imagined: “to harm the King or his immediate family, his sons and heirs or their companions; levying war against the King, plus actions against the King's officials, counterfeiting the Great Seal. Privy Seal or coinage of the realm.” The definitions also included that any person who "adhered to the King's enemies in his Realm, giving them aid and comfort in his Realm or elsewhere was guilty of High Treason" The penalty for these offences at the time was Hanging, Drawing and Quartering. The Act is still in force today (without the "drawing and quartering part") The Act was last used to prosecute William Joyce in 1945, who was subsequently hanged for collaborating with Germany during WWII More recently the Treason Felony Act (1848) declared that It is treason felony to: "compass, imagine, invent, devise, or intend: • to deprive the Queen of her crown, • to levy war against the Queen, or • to "move or stir" any foreigner to invade the United Kingdom or any other country belonging to the Queen.” Blair and the New Labour government enacted The Crime and Disorder Act (1998) which amended The Treason Felony Act (1848) and formally abolished the death penalty for the last offences carrying it, namely treason and piracy.
    [Show full text]
  • Terrorist Speech and the Future of Free Expression
    TERRORIST SPEECH AND THE FUTURE OF FREE EXPRESSION Laura K. Donohue* Introduction.......................................................................................... 234 I. State as Sovereign in Relation to Terrorist Speech ...................... 239 A. Persuasive Speech ............................................................ 239 1. Sedition and Incitement in the American Context ..... 239 a. Life Before Brandenburg................................. 240 b. Brandenburg and Beyond................................ 248 2. United Kingdom: Offences Against the State and Public Order ....................................................................... 250 a. Treason............................................................. 251 b. Unlawful Assembly ......................................... 254 c. Sedition ............................................................ 262 d. Monuments and Flags...................................... 268 B. Knowledge-Based Speech ................................................ 271 1. Prior Restraint in the American Context .................... 272 a. Invention Secrecy Act...................................... 274 b. Atomic Energy Act .......................................... 279 c. Information Relating to Explosives and Weapons of Mass Destruction............................................ 280 2. Strictures in the United Kingdom............................... 287 a. Informal Restrictions........................................ 287 b. Formal Strictures: The Export Control Act ..... 292 II. State in
    [Show full text]
  • Crime and Disorder Act 1998 Page 1
    Crime and Disorder Act 1998 Page 1 Crime and Disorder Act 1998 1998 CHAPTER 37 Sweet & Maxwell Ltd. UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty©s Stationery Office. An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child©s failure to give evidence at his trial; to abolish the death penalty for treason and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes. [31st July 1998] BE IT ENACTED by the Queen©s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:Ð PART I Prevention of crime and disorder CHAPTER I England and Wales Crime and disorder: general 1.Ð Anti-social behaviour orders. (1) An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namelyÐ (a) that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and (b) that such an order is necessary to protect relevant persons from further anti-social acts by him.
    [Show full text]
  • 268KB***The Law on Treasonable Offences in Singapore
    Published on e-First 14 April 2021 THE LAW ON TREASONABLE OFFENCES IN SINGAPORE This article aims to provide an extensive and detailed analysis of the law on treasonable offences in Singapore. It traces the historical development of the treason law in Singapore from the colonial period under British rule up until the present day, before proceeding to lay down the applicable legal principles that ought to govern these treasonable offences, drawing on authorities in the UK, India as well as other Commonwealth jurisdictions. With a more long-term view towards the reform and consolidation of the treason law in mind, this article also proposes several tentative suggestions for reform, complete with a draft bill devised by the author setting out these proposed changes. Benjamin LOW1 LLB (Hons) (National University of Singapore). “Treason doth never prosper: what’s the reason? Why, if it prosper, none dare call it treason.”2 I. Introduction 1 The law on treasonable offences, more commonly referred to as treason,3 in Singapore remains shrouded in a great deal of uncertainty and ambiguity despite having existed as part of the legal fabric of Singapore since its early days as a British colony. A student who picks up any major textbook on Singapore criminal law will find copious references to various other kinds of substantive offences, general principles of criminal liability as well as discussion of law reform even, but very little mention is made of the relevant law on treason.4 Academic commentary on this 1 The author is grateful to Julia Emma D’Cruz, the staff of the C J Koh Law Library, the Lee Kong Chian Reference Library and the ISEAS Library for their able assistance in the author’s research for this article.
    [Show full text]
  • Treason Felony Act 1848
    Status: This is the original version (as it was originally enacted). Treason Felony Act 1847 1848 CHAPTER 12 An Act for the better Security of the Crown and Government of the United Kingdom. [22d April 1848] WHEREAS by an Act of the Parliament of Great Britain passed in the Thirty-sixth Year of the Reign of His late Majesty King George the Third, intituled An Act for the Safety and Preservation of His Majesty s Person and Government against treasonable and seditious Practices and Attempts, it was among other things enacted, that if any Person or Persons whatsoever, after the Day of the passing of that Act, during the natural Life of His said Majesty, and until the End of the next Session of Parliament after the Demise of the Crown, should, within the Realm or without, compass, imagine, invent, devise, or intend Death or Destruction, or any bodily Harm tending to Death or Destruction, Maim or Wounding, Imprisonment or Restraint of the Person of His said Majesty, His Heirs or Successors, or to deprive or depose Him or Them from the Style, Honour, or Kingly Name of the Imperial Crown of this Realm or of any other of His said Majesty's Dominions or Countries, or to levy War against His said Majesty, His Heirs and Successors, within this Realm, in order, by Force or Constraint, to compel Him or Them to change His or Their Measures or Counsels, or in order to put any Force or Constraint upon or to intimidate or overawe both Houses or either House of Parliament, or to move or stir any Foreigner or Stranger with Force to invade this Realm or
    [Show full text]
  • Submission No. 187 COMMENTS on BEHALF of the BAR OF
    Submission No. 187 COMMENTS ON BEHALF OF THE BAR OF ENGLAND AND WALES PROSCRIPTION Coverage 1. This paper sets out some comments, from the perspective of the Bar of England and Wales, on those provisions of the National Security (Miscellaneous Provisions) Bill 2003 (the “Bill”) which amend the Societies Ordinance to provide for the proscription of organisations. It also summarises the appeal procedures created in the UK under immigration and terrorism legislation. Introductory comments 2. In approaching the proposed provisions we consider that it is fundamental to recognise the importance of the right of an individual to freedom of expression, to freedom of association and to freedom of thought, conscience and religion. 3. Only where absolutely necessary should these freedoms be restricted on the grounds of national security. Any such restriction should be necessary and proportionate. 4. Any legislation providing the basis for restriction of these rights should be absolutely clear and should protect the rule of law. Comments on Section 8A(2)(a) and (b) 5. There is inevitably a problem in defining with sufficient precision the minimum conditions which must be met before an order for proscription may be made. One solution to the problem is to seek 1 to define the types of activity which may lead to proscription of an organization which commits, promotes, encourages or is otherwise concerned with such acts. This broadly speaking is the approach adopted in England by the Terrorism Act 2000 (“TA 2000”) in Sections 1 and 3. 6. This statutory scheme and its implementation are very controversial in the UK.
    [Show full text]
  • La Criminalisation De La Manifestation, Une Affaire De Police : Généalogie De L’Infraction D’Attroupement Illégal
    La criminalisation de la manifestation, une affaire de police : généalogie de l’infraction d’attroupement illégal Par Francis Villeneuve Ménard Thèse soumise à la Faculté des études supérieures et postdoctorales dans le cadre des exigences du programme de maîtrise en droit Sous la direction de la professeure Marie-Eve Sylvestre Section de droit civil Faculté de droit Université d'Ottawa © Francis Villeneuve Ménard, Ottawa, Canada, 2016 ii Nevertheless, a government, no less than an individual, must possess rights and powers for self-protection, and the permanent well- being of the community, which will be dormant until the necessity of circumstances call them into active life, and they must then be enforced with prudence and firmness, but yet without sowing the seeds of still greater evils, by too forcible conquest, or too revengeful punishment. Such thoughts are naturally suggested by the consideration of the provisions of our law as to unlawful assemblies. (Edward Wise, The Law Relating to Riots and Unlawful Assemblies, 2e éd, Londres, Shaw & Sons, 1848 à la p 85). iii Résumé : Dans un contexte où les tactiques policières, judiciaires et législatives de contrôle des espaces publics se multiplient, plusieurs n’hésitent pas à parler de criminalisation de la protestation sociale. Au Canada, le spectre du droit criminel se fait notamment sentir par le biais de l’infraction d’avoir participé à un attroupement illégal, qui criminalise le fait d’avoir pris part à un rassemblement qui fait «!craindre!» des troubles à la paix publique. Cette infraction n’est pas sans soulever certaines interrogations quant à son adéquation aux principes censés être au cœur du droit criminel moderne et du pouvoir de punir de l’État.
    [Show full text]
  • Treason in Law, Treason Is the Crime That
    Treason A 19th century illustration of Guy Fawkes by George Cruikshank. Guy Fawkes tried to assassinate James I of England. He failed and was convicted of treason and sentenced to be hanged, drawn and quartered. In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a lesser superior was petty treason. A person who commits treason is known in law as a traitor. Oran's Dictionary of the Law (1983) defines treason as "...[a]...citizen's actions to help a foreign government overthrow, make war against, or seriously injure the [parent nation]." In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aided or involved by such an endeavour. Outside legal spheres, the word "traitor" may also be used to describe a person who betrays (or is accused of betraying) their own political party, nation, family, friends, ethnic group, team, religion, social class, or other group to which they may belong. Often, such accusations are controversial and disputed, as the person may not identify with the group of which they are a member, or may otherwise disagree with the group leaders making the charge. See, for example, race traitor. At times, the term "traitor" has been levelled as a political epithet, regardless of any verifiable treasonable action.
    [Show full text]
  • Parliamentary Debates House of Commons Official Report General Committees
    PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee DEREGULATION BILL Fourteenth Sitting Tuesday 18 March 2014 (Afternoon) CONTENTS CLAUSES 50 to 57 agreed to. SCHEDULE 16 agreed to. CLAUSES 58 to 60 agreed to, one with amendments. SCHEDULE 17 agreed to, with amendments. Adjourned till Tuesday 20 March at half-past Eleven o’clock. Written evidence reported to the House. PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON – THE STATIONERY OFFICE LIMITED £6·00 PBC (Bill 162) 2013 - 2014 Members who wish to have copies of the Official Report of Proceedings in General Committees sent to them are requested to give notice to that effect at the Vote Office. No proofs can be supplied. Corrigenda slips may be published with Bound Volume editions. Corrigenda that Members suggest should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Saturday 22 March 2014 STRICT ADHERENCE TO THIS ARRANGEMENT WILL GREATLY FACILITATE THE PROMPT PUBLICATION OF THE BOUND VOLUMES OF PROCEEDINGS IN GENERAL COMMITTEES © Parliamentary Copyright House of Commons 2014 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 443 Public Bill Committee18 MARCH 2014 Deregulation Bill 444 The Committee consisted of the following Members: Chairs: †MR JIM HOOD,MR CHRISTOPHER CHOPE † Barwell, Gavin (Croydon Central) (Con) † Maynard, Paul (Blackpool North and
    [Show full text]
  • Martial Law, Conscription and Billeting
    International Law Research; Vol. 1, No. 1; 2012 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing Obsolete Crown Prerogatives Relating to: Martial Law, Conscription and Billeting Graham S McBain1 1 Solicitor. MA (Cantab), LLB (Cantab), LLM (Harv). Open Scholar, Peterhouse, Cambridge. Fulbright Scholar, Harvard Law School. Correspondence: Graham S McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. Email: [email protected] Received: August 1, 2012 Accepted: August 23, 2012 Online Published: October 26, 2012 doi:10.5539/ilr.v1n1p13 URL: http://dx.doi.org/10.5539/ilr.v1n1p13 Abstract This article indicates that there are various rights, or privileges, of the Crown (so - called ‘Crown prerogatives’) which still exist under English law and which are at variance with modern society and human rights. Indeed, one would assert the Crown prerogative is the biggest impediment in English based legal systems to an extension of human rights at present, since it is so ample in scope and yet so indeterminate in nature. This article argues that martial law - that is, the right of the Crown to apply military law to civilians (which often resulted in their summary trial and execution in past rebellions) - should be abolished. It is unnecessary and contrary to modern human rights. Also abolished should be the right of the Crown to billet members of the armed forces on the public - now governed by legislation. Finally, the Crown prerogative to forcibly conscript able-bodied male subjects into the army and navy should be abolished. It was replaced by legislation during World War I and II since it was thought to be too uncertain, legally.
    [Show full text]
  • Legal Curiosities: Fact Or Fable?
    Legal Curiosities: Fact or Fable? This informal document has been produced by the Law Commission’s Statute Law Repeals team to answer some of the queries that they regularly receive about alleged old laws. Most of the curiosities below have no basis in the law as it currently stands, although a few represent the law as it used to be. This list does not purport to be definitive, and readers should not rely on it without conducting their own research. March 2013 Alleged law In force? Comment It is illegal to enter the Houses Yes The 1313 Statute Forbidding Bearing of Parliament wearing a suit of Armour forbids members of of armour. Parliament from wearing armour in the House. It is illegal to die in No The issue of dying in Parliament Parliament. appears to arise from the idea that anyone who dies in a Royal Palace is eligible for a state funeral. We have not been able to trace any such law, and neither have the House of Commons authorities.1 Under the Coroners Act 1988, the coroner of the Queen's household has jurisdiction over an inquest into a death in a royal palace. However, state funerals are not mandatory. There have been at least four deaths in the grounds of the Palace of Westminster: - Guy Fawkes and Sir Walter Raleigh were both executed in the Old Palace yard (the present buildings being the New Palace, built after the fire of 1834). - Spencer Perceval, the only British Prime Minister to be assassinated, was shot and died in the lobby of the House of Commons in 1812.
    [Show full text]