The Criminal Procedure Act 1853 (
16 & 17 Vict. c. 30) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. It makes provision for the giving of evidence by prisoners otherwise than at their own trial.
Preamble
The preamble was repealed by the
Statute Law Revision Act 1892
The Statute Law Revision Act 1892 (55 & 56 Vict c 19) is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill 1892.
This Act was repealed for the United Kingdom by Group 1 oPart IXof Schedule 1 ...
.
Sections 1 to 8
Section 1 was repealed by section 1 of, and the Schedule to, the Act
24 & 25 Vict c 95. It is replaced by section 43 of the
Offences against the Person Act 1861.
Section 2 was repealed by section 56(4) of, and Part IV of Schedule 11 to, the
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and Wales.
It established the Crown Court, introduced the posts of circuit judge and recorde ...
.
Sections 3 to 8 were repealed by the Statute Law Revision Act 1892.
Section 9 – Bringing up a prisoner to give evidence
The words "One of Her Majesty's Principal Secretaries of State, or" in the first place were repealed by section 15 of, and the Schedule to, the
Prison Act 1898
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correct ...
.
The words "or
Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, or any
Baron of the Exchequer
The Barons of the Exchequer, or ''barones scaccarii'', were the judges of the English court known as the Exchequer of Pleas. The Barons consisted of a Chief Baron of the Exchequer and several puisne (''inferior'') barons. When Robert Shute was a ...
" in the second place were repealed by the Statute Law Revision Act 1892.
"High Court"
According to legislation.gov.uk these words were substituted by 224(1) of
Supreme Court of Judicature (Consolidation) Act 1925
The Supreme Court of Judicature (Consolidation) Act 1925, sometimes referred to as the Supreme Court of Judicature Act 1925, was an Act of the Parliament of the United Kingdom.
Section 99
This section was replaced by section 84 of the Supreme C ...
.
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...
has the words "
Court of Queen's Bench" instead. The jurisdiction of that court is now vested in the High Court.
"The Royal Courts of Justice"
According to legislation.gov.uk these words were substituted by 224(1) of Supreme Court of Judicature (Consolidation) Act 1925. Halsbury's Statutes has the word "Westminster" instead.
Section 10 – Extent of act
This section provided that this act did not extend to
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
or
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
.
In the United Kingdom, the reference to Ireland must now be construed as a reference to
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
.
[The ( SR&O 1923/405), article 2 (as read with the former section 1 of the ]Eire (Confirmation of Agreements) Act 1938
The Eire (Confirmation of Agreements) Act 1938 was an Act of the Parliament of the United Kingdom passed on 17 May 1938. It was the British implementing measure for the 1938 Anglo-Irish Agreements which were signed at London on 25 April 1938 b ...
and sections 1(1) and (3) of the Ireland Act 1949
The Ireland Act 1949 is an Act of the Parliament of the United Kingdom intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament, the Oireachtas.
Background
Following the secession of most o ...
).
See also
Criminal Procedure Act
Criminal Procedure Act (with its variations) is a stock short title used for legislation relating to criminal procedure in Hong Kong, Malaysia, New Zealand, the Republic of Ireland, South Africa and the United Kingdom.
The Bill for an Act with th ...
References
*
Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ...
,
*John Mounteney Lely. "The Criminal Procedure Act, 1853". The Statutes of Practical Utility. (Chitty's Statutes). Fifth Edition. Sweet and Maxwell. Stevens and Sons. London. 1894. Volume 3. Title "Criminal Law". Page
85to 87.
*William Paterson (ed). "Aggravated Assaults Act". The Practical Statutes of the Session 1853. John Crockford. Essex Street, Strand, London. 1853. Page
25to 30.
External links
The Criminal Procedure Act 1853 as amended from the
National Archives.
The Criminal Procedure Act 1853 as originally enacted from the
National Archives.
{{UK legislation
United Kingdom Acts of Parliament 1853