Criminal Law Act 1967, Section 13

Total Page：16

File Type：pdf, Size：1020Kb

Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967, Section 13. (See end of Document for details) Criminal Law Act 1967 1967 CHAPTER 58 PART II OBSOLETE CRIMES 13 Abolition of certain offences, and consequential repeals. (1) The following offences are hereby abolished, that is to say— (a) any distinct offence under the common law in England and Wales of maintenance (including champerty, but not embracery), challenging to fight, eavesdropping or being a common barrator, a common scold or a common night walker; and (b) any offence under an enactment mentioned in Part I of Schedule 4 to this Act, to the extent to which the offence depends on any section or part of a section included in the third column of that Schedule. (2) Accordingly the enactments mentioned in Parts I and II of Schedule 4 to this Act are hereby repealed to the extent specified in the third column of the Schedule, but subject to the provisions of Part III of the Schedule. (3) This section shall extend to Northern Ireland only in so far as it relates— (a) to offences under any Act of the Parliament of Ireland; or (b) to offences under any other enactment of which the repeal is in Schedule 4 to this Act expressed to extend to Northern Ireland; and in so far as it repeals any such Act or enactment. Extent Information E1 This section shall extend to Northern Ireland only in accordance with s. 11(3) 2 Criminal Law Act 1967 (c. 58) Part II – Obsolete Crimes Document Generated: 2021-04-03 Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967, Section 13. (See end of Document for details) Modifications etc. (not altering text) C1 The text of S. 10(2), S. 13(2), Sch. 2 paras. 3, 4, 6, 10, 12(2), 13(1)(a)(c)(d), 14, Sch. 3 and Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Criminal Law Act 1967 (c. 58) 3 Document Generated: 2021-04-03 Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967, Section 13..

Copy Link

Recommended publications

Extent to Which the Common Law Is Applied in Determining What
THE AMERICAN LAW REGISTER, APRIL, 1867. THE EXTE'N"IT TO WHICH THE COM ON LAW IS APPLIED IN DE- TERMINING WHAT CONSTITUTES A CRIME, AND THE NATURE AND DEGREE OF PUNISHMENT CONSEQUENT THEREUPON. PART III. (Concluded from the January.umber.) 1. Subject of Third. Part stated. 2. Statement by .Mr. Wheaton on tie question. 3. Exceptional states as to common-law application. 4-6. With what qualifications the common law has been adopted. 7-9. Felonies provided for by statute. Reasoning in relation thereto. 10, 11. Early and important case on the question. 12-18. Acts of public evil example; acts tending to breach of peace; con- -piracy, &c., indictable at common law. 19-21. Offences against Christianity; against the marital relation; obscenity, &c., also been held indictable. 22-24. Cases peculiar to this country also brought within common-law influence. 25, 26. 'Numerous acts of malicious mischief that are punishable at common law. 27-30. Also nuisances ; disturbing the peace; acts tenxding to defeat public justice. and various miscellaneous offences. 31, 32. Other instances named of common-law influence. 33-36. Brief review of the treatise; and 38. Conclusion. 1. IF a satisfactory conclusion has been reached in reference to the vexed question which has now been considered, and which has given rise to such strongly-conflicting opinions, by jurists of the highest eminence and ability, the remaining question, where, with one or two narrow exceptions, the eases and opinions are in VOL. XV.-21 (321) APPLICATION OF THE COMMON LAW almost perfect accord, cannot be attended with much difficulty.
[Show full text]
Vania Is Especi
THE PUNISHMENT OF CRIME IN PROVINCIAL PENNSYLVANIA HE history of the punishment of crime in provincial Pennsyl- vania is especially interesting, not only as one aspect of the Tbroad problem of the transference of English institutions to America, a phase of our development which for a time has achieved a somewhat dimmed significance in a nationalistic enthusiasm to find the conditioning influence of our development in that confusion and lawlessness of our own frontier, but also because of the influence of the Quakers in the development df our law. While the general pat- tern of the criminal law transferred from England to Pennsylvania did not differ from that of the other colonies, in that the law and the courts they evolved to administer the law, like the form of their cur- rency, their methods of farming, the games they played, were part of their English cultural heritage, the Quakers did arrive in the new land with a new concept of the end of the criminal law, and proceeded immediately to give force to this concept by statutory enactment.1 The result may be stated simply. At a time when the philosophy of Hobbes justified any punishment, however harsh, provided it effec- tively deterred the occurrence of a crime,2 when commentators on 1 Actually the Quakers voiced some of their views on punishment before leaving for America in the Laws agreed upon in England, wherein it was provided that all pleadings and process should be short and in English; that prisons should be workhouses and free; that felons unable to make satisfaction should become bond-men and work off the penalty; that certain offences should be published with double satisfaction; that estates of capital offenders should be forfeited, one part to go to the next of kin of the victim and one part to the next of kin of the criminal; and that certain offences of a religious and moral nature should be severely punished.
[Show full text]
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving
[Show full text]
Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency
International Law Research; Vol. 6, No. 1; 2017 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: November 20, 2016 Accepted: February 19, 2017 Online Published: March 7, 2017 doi:10.5539/ilr.v6n1p1 URL: https://doi.org/10.5539/ilr.v6n1p1 1. INTRODUCTION Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.1 The purpose of this article is to consider the crime of public nuisance (also called common nuisance), a common law crime. The word 'nuisance' derives from the old french 'nuisance' or 'nusance' 2 and the latin, nocumentum.3 The basic meaning of the word is that of 'annoyance';4 In medieval English, the word 'common' comes from the word 'commune' which, itself, derives from the latin 'communa' - being a commonality, a group of people, a corporation.5 In 1191, the City of London (the 'City') became a commune. Thereafter, it is usual to find references with that term - such as common carrier, common highway, common council, common scold, common prostitute etc;6 The reference to 'common' designated things available to the general public as opposed to the individual. For example, the common carrier, common farrier and common innkeeper exercised a public employment and not just a private one.
[Show full text]
Concealment of Birth: Time to Repeal a 200-Year-Old “Convenient Stop-Gap”?
University of Plymouth PEARL https://pearl.plymouth.ac.uk Faculty of Arts and Humanities School of Society and Culture 2019-07 Concealment of Birth: Time to Repeal a 200-Year-Old "Convenient Stop-Gap"? Milne, E http://hdl.handle.net/10026.1/15651 10.1007/s10691-019-09401-6 Feminist Legal Studies Springer Science and Business Media LLC All content in PEARL is protected by copyright law. Author manuscripts are made available in accordance with publisher policies. Please cite only the published version using the details provided on the item record or document. In the absence of an open licence (e.g. Creative Commons), permissions for further reuse of content should be sought from the publisher or author. Concealment of birth: time to repeal a 200-year-old “convenient stop-gap”? Introduction The criminal offence of concealment of birth (concealment) prohibits the secret disposal of the dead body of a child in order to conceal knowledge of that child’s birth under English and Welsh criminal law.1 Most prosecutions are of women who have concealed or denied their pregnancy, then given birth alone, with the child dying around the time of birth, and the woman disposing of the body without informing another person of the existence of the child. The offence is closely connected to newborn infant homicide and defendants are often suspected of being responsible for the child’s death. While the offence can be committed by anyone, the defendant is most often the birth mother.2 The offence is rarely prosecuted with only four convictions between 2010 and 2014 (Milne 2017), and since 2002 only one person has received an immediate custodial sentence.3 However, despite the small number of convictions and nature of the sentence, the offence is significant, particularly when analysed from a feminist perspective.
[Show full text]
Criminal Law Act 1967 (C
Criminal Law Act 1967 (c. 58) 1 SCHEDULE 4 – Repeals (Obsolete Crimes) Document Generated: 2021-04-04 Status: This version of this schedule contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967, SCHEDULE 4. (See end of Document for details) SCHEDULES SCHEDULE 4 Section 13. REPEALS (OBSOLETE CRIMES) Modifications etc. (not altering text) C1 The text of S. 10(2), S. 13(2), Sch. 2 paras. 3, 4, 6, 10, 12(2), 13(1)(a)(c)(d), 14, Sch. 3 and Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. PART I ACTS CREATING OFFENCES TO BE ABOLISHED Chapter Short Title Extent of Repeal 3 Edw. 1. The Statute of Westminster Chapter 25. the First. (Statutes of uncertain date — Statutum de Conspiratoribus. The whole Act. 20 Edw. 1). 28 Edw. 1. c. 11. (Champerty). The whole Chapter. 1 Edw. 3. Stat. 2 c. 14. (Maintenance). The whole Chapter. 1 Ric. 2. c. 4. (Maintenance) The whole Chapter. 16 Ric. 2. c. 5. The Statute of Praemunire The whole Chapter (this repeal extending to Northern Ireland). 24 Hen. 8. c. 12. The Ecclesiastical Appeals Section 2. Act 1532. Section 4, so far as unrepealed. 25 Hen. 8. c. 19. The Submission of the Clergy Section 5. Act 1533. The Appointment of Bishops Section 6. Act 1533. 25 Hen. 8. c.
[Show full text]
Violence Against the Person
Home Office Counting Rules for Recorded Crime With effect from April 2021 Violence against the Person Homicide Death or Serious Injury – Unlawful Driving Violence with injury Violence without injury Stalking and Harassment All Counting Rules enquiries should be directed to the Force Crime Registrar Home Office Counting Rules for Recorded Crime With effect from April 2021 Homicide Classification Rules and Guidance 1 Murder 4/1 Manslaughter 4/10 Corporate Manslaughter 4/2 Infanticide All Counting Rules enquiries should be directed to the Force Crime Registrar Home Office Counting Rules for Recorded Crime With effect from April 2021 Homicide – Classification Rules and Guidance (1 of 1) Classification: Diminished Responsibility Manslaughter Homicide Act 1957 Sec 2 These crimes should not be counted separately as they will already have been counted as murder (class 1). Coverage Murder Only the Common Law definition applies to recorded crime. Sections 9 and 10 of the Offences against the Person Act 1861 give English courts jurisdiction where murders are committed abroad, but these crimes should not be included in recorded crime. Manslaughter Only the Common Law and Offences against the Person Act 1861 definitions apply to recorded crime. Sections 9 and 10 of the Offences against the Person Act 1861 gives courts jurisdiction where manslaughters are committed abroad, but these crimes should not be included in recorded crime. Legal Definitions Corporate Manslaughter and Homicide Act 2007 Sec 1(1) “1 The offence (1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised - (a) causes a person’s death, and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.” Capable of Being Born Alive - Infant Life (Preservation) Act 1929 Capable of being born alive means capable of being born alive at the time the act was done.
[Show full text]
Arrangement of Sections
Criminal Law Act 1967 CHAPTER 58 ARRANGEMENT OF SECTIONS PART I FELONY AND MISDEMEANOUR Section 1. Abolition of distinction between felony and misdemeanour. 2. Arrest without warrant. 3. Use of force in making arrest, etc. 4. Penalties for assisting offenders. 5. Penalties for concealing offences or giving false information. 6. Trial of offences. 7. Powers of dealing with offenders. 8. Jurisdiction of quarter sessions. 9. Pardon. 10. Amendments of particular enactments, and repeals. 11. Extent of Part I, and provision for Northern Ireland. 12. Commencement, savings, and other general provisions. PART 11 OBSOLETE CRIMES 13. Abolition of certain offences, and consequential repeals. PART III SUPPLEMENTARY 14. Civil rights in respect of maintenance and champerty. 15. Short title. SCHEDULES: Schedule 1-Lists of offences falling, or not falling, within jurisdiction of quarter sessions. Schedule 2-Supplementary amendments. Schedule 3-Repeals (general). Schedule 4--Repeals (obsolete crimes). A Criminal Law Act 1967 CH. 58 1 ELIZABETH n , 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and BTemporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- PART I FELONY AND MISDEMEANOUR 1.-(1) All distinctions between felony and misdemeanour are J\b<?liti?n of hereby abolished.
[Show full text]
Old-Time Punishments
Presented to the UNIVERSITY OF TORONTO LIBRARY by the ONTARIO LEGISLATIVE LIBRARY 1980 (\V\ 7- OLD-TIME PUNISHMENTS. WORKS BY WILLIAM ANDREWS, F.R.H.S. Mr. William Andrews has produced several books of singular value in their historical and archaeological character. He has a genius for digging among dusty parchments and old books, and for bringing out from among them that which it is likely the public of to-day will care to read. Scotsman. Curiosities of the Church. A volume both entertaining and instructive, throwing much light on the manners and customs of bygone generations of Churchmen, and will be read to-day with much interest. Nftitbery House Magazine. An extremely interesting volume. North British Daily Mail. A work of lasting interest. Hull Kxaminer. Full of interest. The Globe. The reader will find much in this book to interest, instruct, and amuse. Home Chimes. We feel sure that many will feel grateful to Mr. Andrews for having produced such an interesting book. The Antiquary. Historic Yorkshire. Cuthbert Bede, the popular author of "Verdant Green," writing to Society, says: "Historic Yorkshire," by William Andrews, will be of great interest and value to everyone connected with England's largest county. Mr. Andrews not only writes with due enthusiasm for his subject, but has arranged and marshalled his facts and figures with great skill, and produced a thoroughly popular work that will be read eagerly and with advantage. Historic Romance. STRANGE STORIES, CHARACTERS, SCENES, MYSTERIES, AND MEMORABLE EVENTS IN THE HISTORY OF OLD ENGLAND. In his present work Mr. Andrews has traversed a wider field than in his last book, "Historic Yorkshire," but it is marked by the same painstaking care for accuracy, and also by the pleasant way in which he popularises strange stories and out-of-the-way scenes in English History.
[Show full text]
Criminal Law Act 1967
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967. (See end of Document for details) Criminal Law Act 1967 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] PART I FELONY AND MISDEMEANOUR Annotations: Extent Information E1 Subject to s. 11(2)-(4) this Part shall not extend to Scotland or Northern Ireland see s. 11(1) 1 Abolition of distinction between felony and misdemeanour. (1) All distinctions between felony and misdemeanour are hereby abolished. (2) Subject to the provisions of this Act, on all matters on which a distinction has previously been made between felony and misdemeanour, including mode of trial, the law and practice in relation to all offences cognisable under the law of England and Wales (including piracy) shall be the law and practice applicable at the commencement of this Act in relation to misdemeanour. [F12 Arrest without warrant. (1) The powers of summary arrest conferred by the following subsections shall apply to offences for which the sentence is fixed by law or for which a person (not previously convicted) may under or by virtue of any enactment be sentenced to imprisonment for a term of five years [F2(or might be so sentenced but for the restrictions imposed by 2 Criminal Law Act 1967 (c.
[Show full text]
Cases and Materials on Criminal Law
Cases and Materials on Criminal Law Michael T Molan Head ofthe Division ofLaw South Bank University Graeme Broadbent Senior Lecturer in Law Bournemouth University PETMAN PUBLISHING Contents Preface ix Acknowledgements x Table ofcases xi Table of Statutes xxiii 1 External elements of liability 1 Proof - Woolmington v DPP - Criminal Appeal Act 1968 - The nature of external elements - R v Deller - Larsonneur - Liability for omissions - R v Instan - R v Stone and Dobinson - Fagan v Metropolitan Police Commissioner - R v Miller - R v Speck - Causation in law -Äv Pagett - Medical treatment - R v Sw/YA - R v Cheshire - The victim's reaction as a «ovtt.j öcto interveniens — Rv Blaue - R v Williams 2 Fault 21 Intention -Äv Hancock and Shankland - R v Nedrick - Criminal Justice Act 1967 s.8 - Recklessness -fiv Cunningham - R v Caldwell - R v Lawrence - Elliott \ C -R\ Reid -Rv Satnam; R v Kevra/ - Coincidence of acft« re«i and /nens rea - Thabo Meli v R - Transferred malice -Rv Pembliton -Rv Latimer 3 Liability without fault 56 Cundy v Le Cocq - Sherras v De Rutzen - SWef v Parsley - L/OT CA/« /4/£ v R - Gammon Ltd v Attomey-General for Hong Kong - Pharmaceutical Society ofGreat Britain v Storkwain 4 Factors affecting fault 74 Mistake - Mistake of fact negativing fault -Rv Tolson - DPP v Morgan - Mistake as to an excuse or justification - R v Kimber - R v Williams (Gladstone) - Beckford v R - Intoxication - DPP v Majewski - Rv Caldwell - Rv Hardie - R v Woods - R v O'Grady - Mental Disorder - M'Naghten's Case -Rv Kemp - Rv Sullivan - R v Hennessy
[Show full text]
Unusual Punishments” in Anglo- American Law: the Ed Ath Penalty As Arbitrary, Discriminatory, and Cruel and Unusual John D
Northwestern Journal of Law & Social Policy Volume 13 | Issue 4 Article 2 Spring 2018 The onceptC of “Unusual Punishments” in Anglo- American Law: The eD ath Penalty as Arbitrary, Discriminatory, and Cruel and Unusual John D. Bessler Recommended Citation John D. Bessler, The Concept of “Unusual Punishments” in Anglo-American Law: The Death Penalty as Arbitrary, Discriminatory, and Cruel and Unusual, 13 Nw. J. L. & Soc. Pol'y. 307 (2018). https://scholarlycommons.law.northwestern.edu/njlsp/vol13/iss4/2 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Law & Social Policy by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. Copyright 2018 by Northwestern University Pritzker School of Law `Vol. 13, Issue 4 (2018) Northwestern Journal of Law and Social Policy The Concept of “Unusual Punishments” in Anglo-American Law: The Death Penalty as Arbitrary, Discriminatory, and Cruel and Unusual John D. Bessler* ABSTRACT The Eighth Amendment of the U.S. Constitution, like the English Bill of Rights before it, safeguards against the infliction of “cruel and unusual punishments.” To better understand the meaning of that provision, this Article explores the concept of “unusual punishments” and its opposite, “usual punishments.” In particular, this Article traces the use of the “usual” and “unusual” punishments terminology in Anglo-American sources to shed new light on the Eighth Amendment’s Cruel and Unusual Punishments Clause. The Article surveys historical references to “usual” and “unusual” punishments in early English and American texts, then analyzes the development of American constitutional law as it relates to the dividing line between “usual” and “unusual” punishments.
[Show full text]