The act is often considered one of Peel's Acts, which consolidated, repealed and replaced a large number of existing statutes. The act formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of depositions, the form of indictments, and the costs of prosecutions.
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]
The act formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of depositions, the form of indictments, and the costs of prosecutions.[8][9]
Courts may order compensation to those who have been active in the apprehension of certain offenders
This section originally read:
And, for the better Remuneration of Persons who have been active in the Apprehension of certain Offenders, be it enacted, That where any Person shall appear to any Court of Oyer and Terminer, Gaol Delivery, Superior Criminal Court of a County Palatine, or Court of Great Sessions, to have been active in or towards the Apprehension of any Person charged with Murder, or with feloniously and maliciously shooting at, or attempting to discharge any kind of loaded Fire Arms at any other Person, or with stabbing, cutting, or poisoning, or with administering any thing to procure the Miscarriage of any Woman, or with Rape, or with Burglary or felonious House-breaking, or with Robbery on the Person, or with Arson, or with Horse-stealing, Bullock-stealing, or Sheep-stealing, or with being accessory before the Fact to any of the Offences aforesaid, or with receiving any Stolen Property knowing the same to have been stolen, every such Court is hereby authorized and empowered, in any of the Cases aforesaid, to order the Sheriff of the County in which the Offence shall have been committed to pay to the Person or Persons, who shall appear to the Court to have been active in or towards the Apprehension of any Person charged with any of the said Offences, such Sum or Sums of Money as to the Court shall seem reasonable and sufficient to compensate such Person or Persons for his, her, or their Expences, Exertions, and Loss of Time in or towards such Apprehension ; and where any Person shall appear to any Court of Sessions of the Peace, to have been active in or towards the Apprehension of any Party charged with receiving Stolen Property knowing the same to have been stolen, such Court shall have Power to order Compensation to such Person in the same Manner as the other Courts herein-before mentioned: Provided always, that nothing herein contained shall prevent any of the said Courts from also allowing to any such Persons, if Prosecutors or Witnesses, such Costs, Expences, and Compensation, as Courts are by this Act empowered to allow to Prosecutors and Witnesses respectively.
It now reads:
. . . where any person shall appear to [the Crown Court],[10] to have been active in or towards the apprehension of any person charged with [an indictable offence], [the Crown Court][11] is hereby authorised and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence shall have been committed to pay to the person or persons who shall appear to the court to have been active in or towards the apprehension of any person charged with [that offence] such sum or sums of money as to the court shall seem reasonable and sufficient to compensate such person or persons for his, her, or their expences, exertions, and loss of time in or towards such apprehension; . . . : . . .
The words "the Crown Court" were substituted by section 56(1) of, and paragraph 2 of Schedule 8 to, the Courts Act 1971. This was consequential on the creation of the Crown Court and the abolition of its predecessors by that Act.
The words "an arrestable offence" (which are not printed in the amended text above because they have been replaced) and the words "that offence" were substituted by section 10(1) of, and paragraph 3(1) of Schedule 2 to, the Criminal Law Act 1967. This was consequential on the creation of the classification arrestable offence by that Act. The words "an indictable offence" were substituted for the words "an arrestable offence" by section 111 of, and paragraph 39 of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act 2005. This was consequential on the abolition of the classification arrestable offence by that act.
The words after "and where any Person shall appear to any Court of Sessions of the Peace, to have been active in or towards the Apprehension of any Party charged with receiving Stolen Property knowing the same to have been stolen, such Court shall have Power to order Compensation to such Person in the same Manner as the other Courts herein-before mentioned" were repealed by sections 10(1) and (2) of, and paragraph 3(1) of Schedule 2 to, and Part III of Schedule 3 to, the Criminal Law Act 1967.
Sheriffs appointed for a county or Greater London are now known as high sheriffs, and any reference in any enactment or instrument to a sheriff must be construed accordingly in relation to sheriffs for a county or Greater London.[12]
Such orders to be paid by the Sheriff, who may obtain immediate repayment on application to the Treasury
. . . every order for payment to any person in respect of such apprehension as aforesaid shall be forthwith made out and delivered by the proper officer of the court unto such person . . . ; and the sheriff of the county for the time being is hereby authorised and required, upon sight of such order, forthwith to pay to such person, or to anyone duly authorised on his or her behalf, the money in such order mentioned; and every such sheriff may immediately apply for repayment of the same to the . . . [Lord Chancellor] who, upon inspecting such order, together with the acquittance of the person entitled to receive the money thereon, shall forthwith order repayment to the sheriff of the money so by him paid, without fee or reward whatsoever.
The words "upon being paid for the same the sum of 25p and no more" in the second place were repealed on 19 November 1998 by section 1(1) of, and Group 2 of Part 1 of Schedule 1 to the Statute Law (Repeals) Act 1998.
Sheriffs appointed for a county or Greater London are now known as high sheriffs, and any reference in any enactment or instrument to a sheriff must be construed accordingly in relation to sheriffs for a county or Greater London.[13]
Sections 30 to 32
Section 30 was repealed by section 170 of, and paragraph 1 of Schedule 15 to, and Schedule 16 to, the Criminal Justice Act 1988.
Section 31 was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.
Section 32 of the act repealed 31 enactments for the United Kingdom excluding Scotland and Ireland (i.e., England and Wales) from 1275 to 1825, listed in that section. Section 32 of the act also provided that for offenses and other matters committed or done before the passing of the act, the repealed Acts would still apply as if the Act had not been passed.[16]
An Act passed in the Second and Third Years of the Reign of King Edward the Sixth, intituled An Act for the Trial of Murders and Felonies in several Counties.
An Act passed in the Fifth and Sixth Years of the same Reign, intituled An Act to take away the Benefit of Clergy from such as rob in one Shire and fly into another
An Act passed in the First and Second Years of the Reign of King Philip and Queen Mary, intituled An Act appointing an Order to Justices of Peace for the Bailment of Prisoners.
An Act passed in the Tenth and Eleventh Years of the Reign of King William, intituled An Act for the better apprehending, prosecuting, and punishing of Felons that commit Burglary, Housebreaking, or Robbery in Shops, Warehouses, Coach-houses, or Stables, or that steal Horses.
An Act passed in the First Year of the Reign of Queen Anne, intituled An Act for punishing of Accessories to Felonies and Receivers of Stolen Goods; and to prevent the wilful burning and destroying of Ships.
An Act passed in, the Sixth Year of the Reign of King George the First, intituled An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons.
An Act passed in the Twenty-fifth Year of the Reign of King George the Second, intituled An Act for the better preventing Thefts and Robberies; and for regulating Places of public Entertainment, and punishing Persons keeping disorderly Houses.
As relates to Payments to Prosecutors in Cases of Felony.
An Act passed in the Twenty-seventh Year of the same Reign, intituled An Act for the better securing to Constables and others the Expences of conveying Offenders to Gaol, and for allowing the Charges of poor Persons bound to give Evidence against Felons.
As relates to the Allowance of Compensation to poor Persons appearing on Recognizance to give Evidence against any one accused of Felony.
An Act passed in the Eighteenth Year of the Reign of King George the Third, intituled An Act for the Payment of Costs to Parties on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and Prosecutors of any Larceny or other Felony.
As relates to Payments and Allowances to Prosecutors and other Persons appearing on Recognizance or Subpoena to give Evidence as to any Felony, and to Rules and Regulations touching the Costs and Charges to be allowed to such Prosecutors and Persons.
An Act passed in the Forty-third Year of the same Reign, intituled An Act for remedying certain Defects in the Laws relative to the building and repairing of County, Bridges and other Works maintained at the Expence of the Inhabitants of Counties in England.
As relates to laying the Property in; the Surveyor of County Bridges in any Indictment.
An Act passed in the Fifty-sixth Year of the same Reign, intituled An Act for removing Difficulties in the Conviction of Offenders stealing Property from Mines.
An Act passed in the Fifty-eighth Year of the same Reign, intituled An Act for repealing such Parts of, several Acts as allow pecuniary and other Rewards upon the Conviction of Persons for Highway Robbery and other Crimes and Offences; and for facilitating the Means of prosecuting Persons accused of Felony and other Offences.
Except so much thereof as relates to disorderly Houses.
An Act passed in the Fifty-ninth Year of the same Reign, intituled An Act to facilitate the Trial of Felonies committed on board. Vessels employed on Canals, Navigable Rivers, and Inland Navigations.
An Act passed in the same Year, intituled An Act to facilitate the Trials of Felonies committed on Stage Coaches and Stage Waggons and other such Carriages, and of Felonies committed on the Boundaries of Counties
An Act passed in the First Year of His present Majesty's Reign, for making general the Provisions of the said recited Act of the Fifty-sixth Year of the Reign of King George the Third.
An Act passed in the Third Year of the present Reign, intituled An Act for the further and more adequate Punishment of Persons convicted of Manslaughter, and of Servants convicted of robbing their Masters, and of Accessories before the Fact to Grand Larceny and certain other Felonies.
As provides that Accessories before the Fact may be indicted for a Misdemeanor.
Another Act passed in the same Year, intituled An Act to amend the general Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England.
As relates to stating in any Indictment any Things to be the Property of the Clerk to the Trustees or Commissioners, as therein mentioned.
An Act passed in the Sixth Year of the present Reign, intituled An Act to amend Two Acts for removing Difficulties in the Conviction of Offenders stealing Property in Mines and from Corporate Bodies.
^This Act was repealed in whole by the Statute Law Revision Act 1861. The Notes to the Statute Law Revision Act 1861 state "Repealed, except as to Scotland or Ireland, by 7 Geo. 4. c. 64. s. 32. Repealed, as to Ireland, by 9 Geo. 4. c. 53. s. 1. Semble, the Act here entered does not apply to Scotland. (Amended by 6 Geo. 4. c. 56.)"
^ abcdefgCommons, Great Britain House of (1826). Journals of the House of Commons. H.M. Stationery Office. pp. 147, 206, 251, 273, 285, 293, 299, 303, 364–365. Retrieved 22 October 2024.
^ abcdeLords, Great Britain House of (1826). Journals of the House of Lords. pp. 279, 299, 305, 316, 339–340, 344, 353, 380. Retrieved 22 October 2024.
