Wikipedia

Forgery Act 1837

The Forgery Act 1837 (7 Will. 4 & 1 Vict. c. 84) was an act of the Parliament of the United Kingdom that abolished the punishment of the death penalty for all offences of forgery, substituting it for transportation or imprisonment.

Forgery Act 1837[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to abolish the Punishment of Death in Cases of Forgery.
Citation7 Will. 4 & 1 Vict. c. 84
Introduced byLord John Russell MP (Commons)
Thomas Aitchison-Denman, 2nd Baron Denman (Lords)
Territorial extent United Kingdom
Dates
Royal assent17 July 1837
Commencement1 October 1837[b]
Repealed21 November 1929
Other legislation
Amends
Amended by
Repealed byGovernment Annuities Act 1929
Relates to
Status: Repealed
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted

The act was one of the Acts for the Mitigation of the Criminal Law (7 Will. 4 & 1 Vict. cc. 84—91), which reduced the severity of punishments in the criminal justice system and abolished the death penalty for several offences.

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 statutes, which was declared "very expedient to be done." However, this was never done.[3]

In 1812, William Booth was the last person to be hanged for forgery in England. A public outcry at the harshness of his sentence resulted in the death penalty in England and Wales being reserved for capital crimes, making Booth the last person in England hanged for a non-capital crime.[4]

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:[5]

In 1827, several acts were passed for this purpose, territorially limited to England and Wales and Scotland, including:

In 1828, parallel Bills for Ireland to Peel's Acts were introduced, becoming:[6]

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 statutes relating to the criminal law. 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 1828, the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) was passed, which repealed for India offences repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27) the Offences Against the Person Act 1828 (9 Geo. 4. c. 31).

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.

In 1832, the Forgery, Abolition of Punishment of Death Act 1832 (2 & 3 Will. 4. c. 123) was passed, which abolished the punishment of the death penalty for all offences of forgery, except for forging wills and certain powers of attorney.

Passage

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Leave to bring in the Forgery Bill was granted to Lord John Russell MP, the attorney general, John Campbell MP and the solicitor general, Robert Rolfe MP, on 23 March 1837.[7] The bill had its first reading in the House of Commons on 10 April 1837,[7][8] introduced by Lord John Russell MP as part of a wider package of acts to reduce the severity of punishment in the criminal justice system.[9] The bill had its second reading in the House of Commons on 24 April 1837 and was committed to a Committee of the Whole House.[10] During debate, Sir Robert Peel expressed concerns about the preparedness of the House to discuss the measures, and the effectiveness of secondary punishments including transpiration and imprisonment.[10] The Committee which met on 19 May 1837 and reported on 30 May 1837, with amendments.[7] The report was considered on 27 June 1837,[11] and the amended bill had its third reading in the House of Commons on 1 July 1837.[7]

The bill had its first reading in the House of Lords on 1 July 1837.[12][13] The bill had its second reading in the House of Lords on 4 July 1837 and was committed to a Committee of the Whole House,[12] introduced by Thomas Aitchison-Denman, 2nd Baron Denman.[14] The measures in the bill to reduce capital punishment was supported by Henry Brougham, 1st Baron Brougham and Vaux, but the rushed timeline of the bill was criticised.[14] The Committee which met on 10 July 1837 and reported on 11 July 1837, with amendments.[12] The amended bill had its third reading in the House of Lords on 11 July 1837,[12] with amendments, passed on 14 July 1837.[15]

The amended bill was considered and agreed to by the House of Commons on 15 July 1837.[7]

The bill was granted royal assent on 17 July 1837.[12][16]

Provisions

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Section 1

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Section 1 of the act abolished the death penalty for the offences mentioned in the preamble, including:[17]

It provided instead that a person convicted of any of those offences after the passing of the act was liable to be transported for life, or for a term not less than seven years, or to be imprisoned for a term not exceeding four years and not less than two years:

Section 2

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Section 2 of the act repealed parts of several earlier acts relating to forgery, providing that a person convicted of any of those offences after the passing of the act was liable to be transported for life, or for a term not less than seven years, or to be imprisoned for a term not exceeding four years and not less than two years, including:[17]

Section 3

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Section 3 of the act provided that persons convicted of offences made punishable by imprisonment could be kept to hard labour and solitary confinement.[17]

Section 4

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Section 4 of the act provided that the act did not affect the powers conferred by Prisons Act 1835 (5 & 6 Will. 4. c. 38) or Gaols Act 1823 (4 Geo. 4. c. 64).[17]

Section 5

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Section 5 of the act provided that the act was to come into force on 1 October 1837.[17]

Legacy

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Subsequent developments

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The act was one of the Acts for the Mitigation of the Criminal Law (7 Will. 4 & 1 Vict. cc. 84—91), which reduced the severity of punishments in the criminal justice system and abolished the death penalty for several offences:[18]

At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law.[2] The board issued three reports, recommending the creation of a permanent body for statute law reform.

In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law.[2] The commission made four reports. Recommendations made by the commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).

On 17 February 1860, the attorney general, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.[2]

In 1861, bills were introduced to consolidate and modernise the criminal law, drafted by Charles Sprengel Greaves across:[19]

In 1861, the Criminal Law Consolidation Acts were passed:

Repeal

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The act was partially repealed by the Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95), specifically:[20]

"So much of Sections One and Two as relates to the forging, altering, offering, uttering, disposing of, or putting off any Will, Testament, Codicil, or Testamentary Writing, or any Power of Attorney, or other Authority therein mentioned, and to Principals in the Second Degree and Accessories before the Fact in such Offences, and so much of Sections Two and Three as relates to the Punishment of any Offence created by or formerly punishable under any Enactment in this Schedule."

The act was partially repealed by the Statute Law Revision Act 1874 (37 & 38 Vict. c. 35), specifically:[21]

The act was wholly repealed by section 39 of, and schedule 2 to, the Government Annuities Act 1929 (19 & 20 Geo. 5. c. 29).

Notes

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  1. ^ The citation of this act by this short title was authorised by the Short Titles Act 1896, section 1 and first schedule. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ^ Section 5.
  3. ^ Section 27.
  4. ^ Cruelty to Animals (Ireland) Act 1837
  5. ^ Customs, etc. Act 1833
  6. ^ Forgery, Abolition of Punishment of Death Act 1832
  7. ^ Court of Bankruptcy (England) Act 1833

References

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  • John Frederick Archbold. "1 Victoria, c. 84". The Recent Criminal Statutes, (1 Victoria, cc. 84 to 91,) with Forms of Indictments, Notes and Index. Shaw & Sons. Fetter Lane, London. 1837. Pages 1 to 16.
  • Richard Matthews. "Forgery". The Criminal Law as altered by various Statutes of Will. IV. and 1 Victoria. Alphabetically Arranged. Comprising the New Statutes, New Forms of Indictment, the Evidence necessary to support them, the Punishment in each Case, and an Index. Saunders and Benning. Fleet Street, London. 1837. Pages 86 to 97. See also "Forgery - Abolishing Death in" at pages 209 to 215, and "Punishment" at page 168.
  • "The Forgery Act, 1837". Halsbury's Statutes of England. First Edition. Butterworth & Co (Publishers) Ltd. Bell Yard, Temple Bar, London. 1929. Volume 4: [1] [2]. Page 460.
  • William Newland Welsby and Edward Beavan. Chitty's Collection of Statutes. Second Edition. S Sweet. London. Hodges and Smith. Dublin. 1851. Volume 2. Title "Criminal Law". Subtitle "Forgery and False Personation". Pages 241 to 243.
  • John Tidd Pratt. A Collection of the Public General Statutes passed in the last Session (7 Will. 4 & 1 Vic.) as far as relates to the Office of a Justice of the Peace and to parochial matters, in England and Wales, with Notes, References, and an Index. Shaw & Sons. Fetter Lane, London. 1837. Pages 119 to 125.
  • "Abstract of Public General Statutes" (1837) 18 The Law Magazine 487
  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 c d e Ilbert, Courtenay (1901). Legislative methods and forms. Oxford: Clarendon Press. p. 57. Retrieved 9 September 2024.   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. ^ John Nicholls Booth (1982). Booths in history: Their roots and lives, encounters, and achievements. Ridgeway Press. ISBN 978-0943230009. Retrieved 27 October 2024.
  5. ^ Britain, Great (1829). The Statutes of the United Kingdom of Great Britain and Ireland [1827-. H.M. statute and law printers. p. 436.
  6. ^ Companion to the Almanac, Or Yearbook of General Information for ... 1835. p. 161.
  7. ^ a b c d e Commons, Great Britain House of (1837). The Journals of the House of Commons - Volume 92 (January 1837 to July 1837) (PDF). Vol. 62. pp. 217, 245, 291, 387, 395, 402, 412, 420, 467, 493, 498, 513, 573, 660, 663, 670. Retrieved 27 October 2024.
  8. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 37. Parliament of the United Kingdom: House of Commons. 10 April 1837. col. 922.
  9. ^ "Criminal Law". Parliamentary Debates (Hansard). Vol. 37. Parliament of the United Kingdom: House of Commons. 23 March 1837. col. 710–733.
  10. ^ a b "Forgery Bill". Parliamentary Debates (Hansard). Vol. 38. Parliament of the United Kingdom: House of Commons. 24 April 1837. col. 252–255.
  11. ^ "Forgery". Parliamentary Debates (Hansard). Vol. 38. Parliament of the United Kingdom: House of Commons. 27 June 1837. col. 1660–1661.
  12. ^ a b c d e Lords, Great Britain House of (1837). Journals of the House of Lords. Vol. 69. pp. 513, 538, 574, 583, 623, 632, 648, 667. Retrieved 27 October 2024.
  13. ^ "Minutes". Parliamentary Debates (Hansard). Vol. 38. Parliament of the United Kingdom: House of Lords. 1 July 1837. col. 1743.
  14. ^ a b "Criminal Law". Parliamentary Debates (Hansard). Vol. 38. Parliament of the United Kingdom: House of Lords. 4 July 1837. col. 1773–1790.
  15. ^ "Reform of the Criminal Law". Parliamentary Debates (Hansard). Vol. 38. Parliament of the United Kingdom: House of Lords. 14 July 1837. col. 1907–1908.
  16. ^ "Prorogation". Parliamentary Debates (Hansard). Vol. 38. Parliament of the United Kingdom: House of Lords. 17 July 1837. col. 1921.
  17. ^ a b c d e Britain, Great (1837). Statutes at Large ...: (37 v.) A collection of the public general statutes, 1833-1869. pp. 489–494.
  18. ^ The Legal Observer, Or, Journal of Jurisprudence. J. Richards. 1837.
  19. ^ Britain, Great (1861). Statutes at Large ...: (37 v.) A collection of the public general statutes, 1833-1869. p. 454.
  20. ^ Britain, Great (1861). Statutes at Large ...: (37 v.) A collection of the public general statutes, 1833-1869. pp. 462–463.
  21. ^ Lords, Great Britain Parliament House of (1874). Public Bills. p. 177.
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