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Criminal Procedure Act 1851

The Criminal Procedure Act 1851 (14 & 15 Vict. c. 100) was an act of the Parliament of the United Kingdom. It was drafted by Charles Sprengel Greaves. Stephen said that compared to earlier legislation on defects in indictments, the Criminal Procedure Act 1851 "went further in the way of removing technicalities, but it did so by an enumeration of them, so technical and minute, that no one could possibly understand it who had not first acquainted himself with all the technicalities which it was meant to abolish."

Subsequent developments

Sections 4, 6, 8, 11, 13, 14, 15, 16, 17, and so much of section 5 "as relates to forging or uttering any Instrument", and so much of section 29 "as relates to any indecent Assault, or any Assault occasioning actual bodily Harm or any Attempt to have carnal Knowledge of a Girl under Twelve Years of Age" were repealed by section 1 of, and the schedule to, the Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95).

In section 1 of the act, the words "both with respect to the liability of witnesses to be prosecuted for perjury and otherwise", and sections 19–22 of the act, were repealed by section 17 of, and the schedule to, the Perjury Act 1911 (1 & 2 Geo. 5. c. 6).

In section 5 of the act, so far as it related to Ireland, the words "stealing, "embezzling," and the words "or for obtaining by false pretences" and in section 18 of the act, the words from "and in cases" to the end of the section, were repealed by the schedule to the Larceny Act 1916 (6 & 7 Geo. 5. c. 50).

In section 3 of the act, the word "information", the words "and presentment," and the words from "and the terms" to "a presentment", and sections 9 and 12 of the act, were repealed by part III of schedule 3 to the Criminal Law Act 1967.

Section 27 of the act, so far as it applied to Northern Ireland, was repealed by part I of schedule 7 to the Judicature (Northern Ireland) Act 1978.

The whole act was repealed by section 1(1) of, and the part XXX of schedule 1 to, the Statute Law (Repeals) Act 1986.

See also

Notes

References

  • Halsbury's Statutes,
  • Charles Sprengel Greaves. Lord Campbell's Acts, for the Further Improving the Administration of Criminal Justice, and the Better Prevention of Offences. Late W Benning & Co. Fleet Street, London. 1851. Pages 1 to 35.
  • Robert Richard Pearce. The New Law of Indictments; comprising Lord Campbell's Administration of Criminal Justice Improvement Act; An Act for the Better Prevention of Offences; and An Act to Amend the Law Relating to the Expenses of Prosecutions, &c. S Sweet, and Stevens & Norton. London. 1851. Pages 19 to 44.
  • William Hanbury Aggs. Chitty's Statutes of Practical Utility. Sixth Edition. Sweet and Maxwell. Stevens and Sons. Chancery Lane, London. 1912. Volume 3. Title "Criminal Law". Page 258 et seq.
  • John Mounteney Lely. "The Criminal Procedure Act, 1851". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1894. Volume 3. Title "Criminal Law". Pages 78 to 85.
  • John Mounteney Lely. Chitty's Collection of Statutes of Practical Utility. Fourth Edition. Henry Sweet. Stevens and Sons. Chancery Lane, London. 1880. Volume 2. Title "Criminal Law". Pages 262 to 267.
  • The Statutes: Third Revised Edition. HMSO. London. 1950. Volume 6. Page 112 et seq.
  • The Statutes: Second Revised Edition. Printed under the authority of HMSO. London. 1894. Volume 8. Pages 1002 to 1008.
  • The Statutes: Revised Edition. London. 1877. Volume 11. Pages 260 to 265.
  • William Paterson (ed). "Administration of Criminal Justice Improvement Act". The Practical Statutes of the Session 1851. John Crockford. Essex Street, Strand, London. 1851. Pages 256 to 271.
  • A Collection of the Public General Statutes passed in the Fourteenth and Fifteenth Year of the Reign of Her Majesty Queen Victoria, 1851. Queen's Printer. London. 1851. Page 831 et seq.

External links