Trisha Shetty (Editor)

History of English criminal law

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English law did not originally make a distinction between criminal and civil proceedings.

Contents

The first signs of the modern distinction between crimes and civil matters emerged during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation (except where the King wanted to raise money by selling a new form of Writ).

The development of the "State" dispensing justice in a court only emerged parallel to or after the emergence of the concept of sovereignty. It was only in the 18th century that European countries began operating police forces. From this point, criminal law had the mechanisms for enforcement, which allowed for its development as a credible and self-sufficient entity.

Abolished offences

  • Petty treason
  • Arson
  • Larceny
  • Robbery
  • Burglary
  • Concealment of treasure trove
  • Cheating, except in relation to the public revenue
  • Forgery
  • Sedition
  • Seditious libel
  • Misprision of felony (disputed - alleged never to have existed)
  • Compounding a felony
  • Riot
  • Rout
  • Unlawful assembly
  • Affray
  • Breach of the peace
  • Defamatory libel (aka criminal libel, aka criminal defamatory libel)
  • Obscene libel
  • Blasphemy
  • Blasphemous libel
  • Incitement
  • Maintenance (not including embracery)
  • Champerty
  • Bribery
  • Embracery
  • Challenging to fight
  • Eavesdropping
  • Being a common barrator - see Barratry
  • Being a common scold
  • Being a common nightwalker
  • Forcible entry
  • Forcible detainer
  • Attempt
  • Conspiracy (except for conspiracy to defraud, conspiracy to corrupt public morals and conspiracy to outrage public decency)
  • See also criminal libel for general information about the common law libel offences listed above.

    Offences held no longer to exist or never to have existed

  • Effecting a public mischief
  • Conspiracy to effect a public mischief
  • Extant offences

  • Murder in English law#History
  • Manslaughter in English law#History
  • Abolished offences

  • Petty treason
  • Capital murder
  • Felo de se
  • Extant offences

  • Rape in English law#History
  • Abolished offences

  • Buggery
  • Assault with intent to commit buggery
  • Gross indecency between men
  • Indecent assault on a man
  • Indecent assault on a woman
  • Extant offences

  • Criminal damage in English law#History
  • Abolished offences

  • Larceny
  • Embezzlement
  • Fraudulent conversion
  • Abolished offences

    See forgery:

  • Offences under section 18 and section 20 of the Pharmacy Act 1954 repealed by http://www.legislation.gov.uk/uksi/2007/289/schedule/1/paragraph/1/made
  • See personation:

  • Offences under section 13 of the Customs and Excise Management Act 1979
  • Offences under section 12 of the Inland Revenue Regulation Act 1890
  • (Both repealed by the Commissioners for Revenue and Customs Act 2005)

    See cheating:

    Abolished offences

  • Sedition
  • Seditious libel
  • Incitement to mutiny, contrary to section 1 of the Incitement to Mutiny Act 1797
  • Causing disaffection, contrary to sections 43 and 87 of the Police Act 1997
  • Offences under the Unlawful Drilling Act 1819
  • Various forms of statutory piracy
  • Abolished offences

  • Blasphemy
  • Blasphemous libel
  • Abolished offences

  • Misprision of felony
  • Compounding a felony
  • Embracery
  • Offences held no longer to exist or never to have existed

  • Effecting a public mischief
  • Conspiracy to effect a public mischief
  • Abolished offences

  • Rout
  • Unlawful assembly
  • Breach of the peace
  • Defamatory libel
  • Abolished offences

  • Obscene libel
  • Offences under the Prevention of Corruption Acts 1889 to 1916
  • The common law offence of bribery
  • Protection of animals and the environment

    See Cruelty to animals#United Kingdom and Environmental crime

    Abolished offences

  • Incitement
  • Accessory to felony: Secondary principal/Principal in the second degree, Accessory before the fact, Accessory after the fact
  • Abolished classes

  • Felony
  • Misdemeanour
  • Arrestable offence
  • Abolished defences

  • Provocation
  • Abolished proceedings

  • Criminal information
  • References

    History of English criminal law Wikipedia