Criminal Procedure Act 1853


Criminal Procedure Act 1853


The Criminal Procedure Act 1853 (16 & 17 Vict. c. 30) is an Act of the Parliament of the United Kingdom. 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The preamble was repealed by the Statute Law Revision Act 1892.

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Section 1 was repealed by section 1 of, and the Schedule to, the Act 24 & 25 Vict c 95.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Section 2 was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Sections 3 to 8 were repealed by the Statute Law Revision Act 1892.

Section 9 – Bringing up a prisoner to give evidence

It shall be lawful for... any judge of the [High Court]... in any case where he may see fit to do so, upon application by affidavit, to issue a warrant or order under his hand for bringing up any prisoner or person confined in any gaol, prison, or place, under any sentence or under commitment for trial or otherwise, (except under process in any civil action, suit or proceeding,) before any court, judge, justice, or other judicature, to be examined as a witness in any cause or matter, civil or criminal depending or to be inquired of or determined in or before such court, judge, justice, or other judicature; and the person required by such warrant or order to be so brought before such court, judge, justice, or other judicature, shall be so brought under the same care and custody, and be dealt with in the like manner in all respects, as a prisoner required by any writ of habeas corpus awarded by any of her Majesty's Superior Courts of Law at [the Royal Courts of Justice] to be brought before such court to be examined as a witness in any cause or matter depending before such court is now by law required to be dealt with.

The words "One of Her Majesty's Principal Secretaries of State, or" in the first place were repealed by section 15 of, and the Schedule to, the Prison Act 1898.

The words "or Common Pleas, or any Baron of the Exchequer" in the second place were repealed by the Statute Law Revision Act 1892.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. Halsbury's Statutes 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 or Ireland.

In the United Kingdom, the reference to Ireland must now be construed as a reference to Northern Ireland.

See also

Criminal Procedure Act

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References

  • Halsbury's Statutes,
  • 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". Pages 85 to 87.
  • William Paterson (ed). "Aggravated Assaults Act". The Practical Statutes of the Session 1853. John Crockford. Essex Street, Strand, London. 1853. Pages 25 to 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.

Text submitted to CC-BY-SA license. Source: Criminal Procedure Act 1853 by Wikipedia (Historical)



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