Criminal Procedure Act 1851

The Criminal Procedure Act 1851 (14 & 15 Vict c 100) is an Act of the Parliament of the United Kingdom. It was drafted by Charles Sprengel Greaves.[2] 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."[3]

The Criminal Procedure Act 1851[1]
Long titleAn Act for further improving the Administration of Criminal Justice.
Citation14 & 15 Vict c 100
Dates
Royal assent7 August 1851
Text of statute as originally enacted
Revised text of statute as amended

The whole Act was repealed by Part I of Schedule 1 to the Statute Law (Repeals) Act 1986.

Section 1

In this section, the words "both with respect to the liability of witnesses to be prosecuted for perjury and otherwise" were repealed by the Schedule to the Perjury Act 1911.

Section 4

This section was repealed by 24 & 25 Vict c 95.

Section 5

So much of this section as related to forging or uttering any instrument was repealed by 24 & 25 Vict c 95.

In this section, so far as it related to Ireland, the words "stealing, "embezzling," and the words "or for obtaining by false pretences" were repealed by the Schedule to the Larceny Act 1916.

Section 6

This section was repealed by 24 & 25 Vict c 95.

Section 8

This section was repealed by 24 & 25 Vict c 95.

Section 9

This section was repealed by Part III of Schedule 3 to the Criminal Law Act 1967.

Section 11

This section was repealed by 24 & 25 Vict c 95.

Section 12

This section was repealed by Part III of Schedule 3 to the Criminal Law Act 1967.

Sections 13 to 17

These sections were repealed by 24 & 25 Vict c 95.

Section 18

This section, from the words "and in cases" to the end of the section, repealed by the Schedule to the Larceny Act 1916.

Sections 19 to 22

These sections were repealed by the Schedule to the Perjury Act 1911.

Section 27

This section, so far as it applied to Northern Ireland, was repealed by Part I of Schedule 7 to the Judicature (Northern Ireland) Act 1978.

Section 29

So much of this section as related 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occasioning actual bodily harm, or any attempt to have carnal knowledge of a girl under twelve years of age, was repealed by 24 & 25 Vict c 95.

Section 30

In this section, the word "information", the words "and presentment," and the words from "and the terms" to "a presentment" were repealed by Part III of Schedule 3 to the Criminal Law Act 1967.

See also

References
  • Halsbury's Statutes,
  • Charles Sprengel Greaves. Lord Campbell's Acts. W Benning & Co. London. 1851. Page 1 et seq.
  • Robert Richard Pearce. The New Law of Indictments. S Sweet, and Stevens & Norton. London. 1851. Page 19 et seq.
  • 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.
  1. The citation of this Act by this short title is authorised in the Republic of Ireland by section 1 of, and Schedule 1 to the Short Titles Act 1896. Due to the repeal of those provisions it is authorised in the United Kingdom by section 19(2) of the Interpretation Act 1978.
  2. (1851) 15 Law Magazine (New Series) 226; (1851) 15 Jurist 361; (1948) 63 British Columbia Reports 49 ; (1946) 86 Canadian Criminal Cases Annotated 340 ; Law Reform Commission of Canada, The Charge Document in Criminal Cases (1987) p 8 .
  3. Stephen, J F. History of the Criminal Law of England. 1883. Volume 1. Page 285.
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