Act of Parliament of the United Kingdom
United Kingdom legislation
The Criminal Law (India) Act 1828 (9 Geo. 4 . c. 74) was an act of the Parliament of the United Kingdom that reformed criminal justice in India .
The act repealed for India acts repealed for England and Wales in the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4 c. 27).
Background
In the United Kingdom , acts of Parliament remain in force until expressly repealed.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] The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[ 2] [ 3]
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:[ 4]
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:[ 5]
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 c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 statutes relating to the Criminal law .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 c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 statutes relating to the Criminal law .
Passage
Leave to bring in the Criminal Justice (India) Bill was granted on 4 June 1828 and the Bill had its first reading in the House of Commons on 6 June 1828.[ 6] second reading in the House of Commons on 17 June 1828 and was committed to a Committee of the Whole House , which met and reported on 24 June 1828, with amendments.[ 6] House of Commons on 7 July 1828 and re-committed to a Committee of the Whole House , which met and reported on 7 July 1828, with amendments.[ 6] third reading in the House of Commons on 10 July 1828.[ 6]
The amended Bill had its first reading in the House of Lords on 11 July 1828.[ 7] second reading in the House of Lords on 15 July 1828 and was committed to a Committee of the Whole House , which met and reported on 16 July 1828, without amendment.[ 7] third reading in the House of Lords on 17 July 1828, with amendment.[ 7]
The amended Bill was considered and agreed to by the House of Commons on 22 July 1828.[ 6]
The Bill was granted royal assent on 25 July 1828.[ 7]
Repealed acts
Section 125 of the act repealed for India all acts (and parts of acts) repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4 c. 27) and the Offences Against the Person Act 1828 (9 Geo. 4 . c. 31), effective on 1 March 1829.
See also
Notes
References
^ 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 . ^ a b Ilbert, Courtenay (1901). Legislative methods and forms Clarendon Press . p. 57. Retrieved 9 September 2024 .public domain .^ Gerald Gardiner, Baron Gardiner (5 June 1967). "Consolidation Bills" . Parliamentary Debates (Hansard) ^ Britain, Great (1829). The Statutes of the United Kingdom of Great Britain and Ireland [1827- ^ Companion to the Almanac, Or Yearbook of General Information for ... ^ a b c d e Commons, Great Britain House of (1828). Journals of the House of Commons ^ a b c d Lords, Great Britain House of (1828). Journals of the House of Lords . Retrieved 19 October 2024 .
