Piracy Act 1837
Encyclopedia
The Piracy Act 1837 is an Act
of the Parliament of the United Kingdom
. It abolished the death penalty for most offences of piracy
, but created a new offence often known as piracy with violence, which was punishable with death. This offence still exists in the United Kingdom
and in the Republic of Ireland
, but is no longer punishable by death in either country.
Section 2 of the Act creates the offence of piracy with violence:
(1982):
Since this definition is restricted to the high seas, piracy in British territorial waters
would today be treated as robbery
, assault
or attempted murder
under the Territorial Waters Jurisdiction Act 1878
, or as hijacking under the Aviation and Maritime Security Act 1990 (which can also be applied to piracy on the high seas).
In 1998 the mandatory death penalty was abolished, and the sentence is now up to life imprisonment
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. It abolished the death penalty for most offences of piracy
Piracy
Piracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
, but created a new offence often known as piracy with violence, which was punishable with death. This offence still exists in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, but is no longer punishable by death in either country.
Section 2 of the Act creates the offence of piracy with violence:
United Kingdom
The offences of piracy which existed in 1837 have since been abolished. The "crime of piracy" mentioned in section 2 is now defined by the Merchant Shipping and Maritime Security Act 1997 (in section 26 and Schedule 5),http://www.opsi.gov.uk/acts/acts1997/97028--k.htm which simply sets out articles 101 to 103 of the United Nations Convention on the Law of the SeaUnited Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
(1982):
Definition of piracy
Piracy consists of any of the following acts: any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed—
- (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
- (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
Piracy by a warship, government ship or government aircraft whose crew has mutinied
The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.
Definition of a pirate ship or aircraft
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.
Since this definition is restricted to the high seas, piracy in British territorial waters
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
would today be treated as robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
or attempted murder
Attempted murder
Attempted murder is a crime in England and Wales and Northern Ireland.-Today:In English criminal law, attempted murder is the crime of more than merely preparing to commit unlawful killing and at the same time having a specific intention to cause the death of human being under the Queen's Peace...
under the Territorial Waters Jurisdiction Act 1878
Territorial Waters Jurisdiction Act 1878
The Territorial Waters Jurisdiction Act 1878 is an Act of the Parliament of Great Britain. The long title of the Act is "An Act to regulate the law relating to the Trial of Offences committed on the Sea within a certain distance of the Coasts of Her Majesty’s Dominions." It is still in force...
, or as hijacking under the Aviation and Maritime Security Act 1990 (which can also be applied to piracy on the high seas).
In 1998 the mandatory death penalty was abolished, and the sentence is now up to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
.
Republic of Ireland
The Republic of Ireland abolished the death penalty for piracy in 1964.http://www.irishstatutebook.ie/1964/en/act/pub/0005/index.html The Act remains in force.http://www.irishstatutebook.ie/isbc/bps1837.htmlSee also
- Capital punishment in the United KingdomCapital punishment in the United KingdomCapital punishment in the United Kingdom was used from the creation of the state in 1707 until the practice was abolished in the 20th century. The last executions in the United Kingdom, by hanging, took place in 1964, prior to capital punishment being abolished for murder...
- Capital punishment in IrelandCapital punishment in IrelandCapital punishment has been abolished in the Republic of Ireland. The last execution was in 1954. From then until 1990 while capital punishment remained on the statute book, a practice arose whereby every sentence of death was commuted by the Irish president...
- Piracy Act 1698Piracy Act 1698The Piracy Act 1698 c.7 was an Act of Parliament of the Parliament of England passed in the eleventh year of William III. The long title of the Act is "An Act for the more effectuall Suppressions of Piracy"...
(repealed) - Piracy Act 1717Piracy Act 1717The Piracy Act 1717 was an Act of the Parliament of Great Britain long title An Act for the further preventing Robbery, Burglary, and other Felonies, and for the more effectual Transportation of Felons, and unlawful Exporters of Wool; and for declaring the Law upon some Points relating to...
(repealed) - Piracy Act 1721Piracy Act 1721The Piracy Act 1721 was an Act of the Parliament of Great Britain.The long title and preamble of the Act were:Parts of the Act were superseded by the Piracy Act 1837....
(repealed) - Judgement of Death Act 1823Judgement of Death Act 1823The Judgement of Death Act 1823 was an Act of the Parliament of the United Kingdom . Passed at a time when there were over 200 offences in English law which carried a mandatory sentence of death, it gave judges the discretion to pass a lesser sentence for the first time. It did not apply to...
External links
- The Piracy Act 1837, as amended from the National Archives.
- The Piracy Act 1837, as originally enacted from the National Archives.