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Select Committee on the Criminal Law in England

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The Select Committee on the Criminal Law in England was a select committee of the House of Commons in the Parliament of the United Kingdom.

Background

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In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[1]

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.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done.[3]

Establishment

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On 16 March 1824, Dr Stephen Lushington MP proposed a motion in the House of Commons to appoint a select committee to consider consolidating and amending England's criminal law.[4] The primary motivation for that criminal statutes had accumulated since Magna Carta without systematic organization, these laws were scattered and in "the greatest possible confusion", and had contributed to considerable increase in the bulk of the statute book. Dr Lushington proposed approach was to:

  • Group existing criminal statutes under specific categories (e.g., all forgery laws together, all larceny laws together).
  • Initially focus only on consolidation without changing the substance of laws or their punishments.
  • Address any law reforms or alterations in a later stage, likely in the next session.
  • Ensure any future changes would be clearly presented to Parliament.

The Motion was seconded by John Smith MP and was approved, without objection.[4]

Membership

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The Committee was appointed on 16 March 1824, consisting of ? members with a quorum of five and the power to "send for persons and paper":[5]

Name Party Commentary
Dr Stephen Lushington Whig Proposed the Committee
Robert Peel Tory Home Secretary
John Singleton Copley Tory Attorney General
Sir Charles Wetherell Tory Solicitor General
Edward Littleton Tory -
John Hensleigh Allen Whig -
Sir Edward Knatchbull, 9th Baronet Tory -
Sir George Chetwynd, 2nd Baronet None -
Thomas Spring Rice Whig
Sir John Newport Whig -
Thomas Courtenay Tory -
Sir James Mackintosh Whig -
John Smith Tory Seconded the Committee.
George Lamb Whig -
George Abercromby, 3rd Baron Abercromby Whig -
Thomas Fowell Buxton[a] Whig -
Charles Western Whig -
Thomas Barrett-Lennard Whig -
Sir Edward Hyde East Whig -
William Manning Tory -
George Robert Dawson Tory -
John Hearle Tremayne Tory -
Robert Percy Smith Tory -
Edmond Wodehouse Tory Added on 18 March 1824.[6]
Davies Gilbert Tory Added on 18 March 1824.[6]
Charles Rumbold Whig Added on 18 March 1824.[6]
George Gipps Tory Added on 18 March 1824.[6]

Report

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The Committee had its first meeting on 7 March 1824.[5] The Committee reported on 2 April 1824, using the illustrative example of a Forgery Bill and resolving to consolidate the criminal law under several heads and to bring in Bills to do so:[6]

Resolved, That it is the opinion of this Committee, That it is expedient that the statutes relating to the Criminal Law, should be consolidated under their several heads.

Resolved, That the Chairman be directed to move for leave to bring in Bills pursuant to the above Resolution for consolidating the Criminal Law, without any amendments or alterations. Resolved, That it is the opinion of this Committee, That it is expedient that certain omissions and anomalies in the present state of the Criminal Law, be brought under the consideration of the House, with a view to remedy the same by legislative provisions.

Resolved, That the Chairman be directed to move for leave to bring in Bills supplying such omissions, and remedying such anomalies; but that the same be in Bills to be wholly distinct from the consolidating Bills.

The Committee further reported on 7 May 1824.[6]

Legacy

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In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including:[7]

In 1827, Peel's Acts were passed to modernise, consolidate and repeal provisions of the criminal law, territorially limited to England and Wales and Scotland, including:

In 1828, parallel Bills for Ireland to Peel's Acts were introduced, becoming:[8]

In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 related statutes. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law.

In 1861, bills were introduced, drafted by Charles Sprengel Greaves to mirror Peel's Acts, to consolidate and modernise the criminal law across:[9]

In 1861, the Criminal Consolidation Acts were passed for that purpose:

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 and repealed for England and Wales over 25 statutes relating to the criminal law.

In 1832, the Coinage Offences Act 1832 (2 & 3 Will. 4. c. 34) was passed, which consolidated provisions in the law relating to the counterfeiting and clipping of coins, repealed for the United Kingdom almost 50 statutes relating to the criminal law, and abolished the punishment of the death penalty for coinage offences.

See also

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Notes

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  1. ^ The Journals of the House of Commons incorrectly reads "Powell Buxton".

References

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  1. ^ Farmer, Lindsay (2000). "Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45". Law and History Review. 18 (2): 397–425. doi:10.2307/744300. ISSN 0738-2480. JSTOR 744300.
  2. ^ a b Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024. Public Domain This article incorporates text from this source, which is in the public domain.
  3. ^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills". Parliamentary Debates (Hansard). Vol. 283. Parliament of the United Kingdom: House of Lords. col. 179.
  4. ^ a b "Consolidation Of the Criminal Law Of England". Parliamentary Debates (Hansard). Vol. 18. Parliament of the United Kingdom: House of Commons. 16 March 1824. col. 1063–1064.
  5. ^ a b Commons, Great Britain House of (1824). The Journals of the House of Commons. Vol. 79. pp. 168, 169, 182, 339. Retrieved 28 October 2024.
  6. ^ a b c d e f Commons, Great Britain Parliament House of (1824). Reports from Committees. pp. 168, 169, 199, 182, 250, 339.
  7. ^ Britain, Great (1827). Statutes at Large ...: (29 v. in 32) Statutes or the United Kingdom, 1801-1806; [1807-1832. pp. 152, 436.
  8. ^ Companion to the Almanac, Or Yearbook of General Information for ... 1835. p. 161.
  9. ^ Britain, Great (1861). Statutes at Large ...: (37 v.) A collection of the public general statutes, 1833-1869. p. 454.
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