Jump to content

Offences against the Person Act 1861: Difference between revisions

From LGBT History Project
mNo edit summary
Ross Burgess (talk | contribs)
No edit summary
Line 1: Line 1:
'''Offences against the Person Act 1861''' was an Act of Parliament which was similar to today’s criminal justice bill. Section 61 of the Bill dealt with “unnatural offences” specifying “[[buggery]]”. It replaced the death penalty for buggery with life imprisonment “for any term not less than ten years”.
'''Offences against the Person Act 1861''' was an Act of Parliament which was similar to today’s criminal justice bill.


This section replaced section 15 of the [[Offences against the Person Act 1828]].
Section 61 of the Bill dealt with “unnatural offences” specifying “[[buggery]]”. It replaced the death penalty for buggery with life imprisonment “for any term not less than ten years”. This section replaced section 15 of the [[Offences against the Person Act 1828]].
 
Section 62 for the first time introduced the offences of attempted sodomy and indecent assault, with a penalty of between 3 and 10 years penal servitude, or two years imprisonment with hard labour.


In England and Wales section 61 was repealed and replaced by section 12(1) of the [[Sexual Offences Act 1956]].
In England and Wales section 61 was repealed and replaced by section 12(1) of the [[Sexual Offences Act 1956]].
Line 8: Line 10:


In Northern Ireland section 62 was found to be incompatible with the [[Convention for the Protection of Human Rights and Fundamental Freedoms]] and was repealed by the [[Sexual Offences Act 2003]].
In Northern Ireland section 62 was found to be incompatible with the [[Convention for the Protection of Human Rights and Fundamental Freedoms]] and was repealed by the [[Sexual Offences Act 2003]].
==External links==
http://www.legislation.gov.uk/ukpga/1861/100/pdfs/ukpga_18610100_en.pdf Text of teh Act.




[[Category:Legislation]]
[[Category:Legislation]]

Revision as of 22:15, 31 October 2012

Offences against the Person Act 1861 was an Act of Parliament which was similar to today’s criminal justice bill.

Section 61 of the Bill dealt with “unnatural offences” specifying “buggery”. It replaced the death penalty for buggery with life imprisonment “for any term not less than ten years”. This section replaced section 15 of the Offences against the Person Act 1828.

Section 62 for the first time introduced the offences of attempted sodomy and indecent assault, with a penalty of between 3 and 10 years penal servitude, or two years imprisonment with hard labour.

In England and Wales section 61 was repealed and replaced by section 12(1) of the Sexual Offences Act 1956.

In England and Wales section 62 was repealed and replaced by sections 15(1) and 16(1) of the Sexual Offences Act 1956.

In Northern Ireland section 62 was found to be incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms and was repealed by the Sexual Offences Act 2003.

http://www.legislation.gov.uk/ukpga/1861/100/pdfs/ukpga_18610100_en.pdf Text of teh Act.