Treason Act 1945
Encyclopedia
The Treason Act 1945 is an Act
of the Parliament
of the United Kingdom of Great Britain and Northern Ireland.
It was introduced into the House of Lords as a purely procedural statute, whose sole purpose was to abolish the old and highly technical procedure in cases of treason
, and assimilate it to the procedure on trials for murder:
It also abolished the rule that treason trials in Scotland had to be conducted according to the rules of English criminal law.
to all cases of treason and misprision of treason, subject to five separate repeals of words, and to a saving clause in section 2(2):
The application of the Treason Act 1800 was subject to a saving clause in section 2(2):
Section 3(2) of the Act extended the Treason Act 1800
, as applied by the Act, to Northern Ireland
.
Section 3(3) of the Act provided that, for the purposes of section 6 of the Government of Ireland Act 1920
, the Act was to be deemed to be an Act passed before the appointed day.
, John Amery
, Thomas Haller Cooper and Walter Purdy. J. W. Hall said that if the statutory requirement for corroboration had not been repealed by this Act, William Joyce could not have been convicted on the basis of the evidence offered at his trial. One witness, Detective Inspector Hunt, connected him with the broadcasts during the period before the expiration of the passport (though other witnesses might have come forward).
and the Treason Act 1708
. Those two entries could not be repealed because they were referred to in section 2(2). The other entries were spent because their sole effect was to repeal other enactments.
Sections 1 and 2 of, and the Schedule to, this Act were repealed for England and Wales
by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
.
The Act was repealed for Northern Ireland by section 15(2) of, and Part 2 of Schedule 2 to, Criminal Law Act (Northern Ireland) 1967, and for Scotland
by section 83(3) of, and Schedule 8 to, the Criminal Justice (Scotland) Act 1980
.
Section 3(3) of the Act was repealed for Northern Ireland by section 41(1) of, and Part I of Schedule 6 to, the Northern Ireland Constitution Act 1973
(c.36).
Section 1 of this Act, and the Treason Act 1800, has been replaced for England and Wales by section 12(6) of the Criminal Law Act 1967
and for Northern Ireland by section 14(7) of the Criminal Law Act (Northern Ireland) 1967. They were replaced for Scotland by section 39 of the Criminal Justice (Scotland) Act 1980
(also repealed).
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
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom of Great Britain and Northern Ireland.
It was introduced into the House of Lords as a purely procedural statute, whose sole purpose was to abolish the old and highly technical procedure in cases of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, and assimilate it to the procedure on trials for murder:
It also abolished the rule that treason trials in Scotland had to be conducted according to the rules of English criminal law.
Section 1
Section 1 of the Act applied the Treason Act 1800Treason Act 1800
The Treason Act 1800 was an Act of the Parliament of the Kingdom of Great Britain. It assimilated the procedure on trials for treason and misprision of treason to the procedure on trials for murder in certain cases. It was passed as a result of an attempt on the life of George III by James...
to all cases of treason and misprision of treason, subject to five separate repeals of words, and to a saving clause in section 2(2):
Section 2
Section 2(1) of the Act effected consequential repeals:The application of the Treason Act 1800 was subject to a saving clause in section 2(2):
Section 3
Section 3(1) of the Act provided that it may be cited as the Treason Act, 1945.Section 3(2) of the Act extended the Treason Act 1800
Treason Act 1800
The Treason Act 1800 was an Act of the Parliament of the Kingdom of Great Britain. It assimilated the procedure on trials for treason and misprision of treason to the procedure on trials for murder in certain cases. It was passed as a result of an attempt on the life of George III by James...
, as applied by the Act, to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
Section 3(3) of the Act provided that, for the purposes of section 6 of the Government of Ireland Act 1920
Government of Ireland Act 1920
The Government of Ireland Act 1920 was the Act of the Parliament of the United Kingdom which partitioned Ireland. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or as the Fourth Home Rule Act.The Act was intended...
, the Act was to be deemed to be an Act passed before the appointed day.
Use of the Act
The procedure established by this Act was used in four trials: those of William JoyceWilliam Joyce
William Joyce , nicknamed Lord Haw-Haw, was an Irish-American fascist politician and Nazi propaganda broadcaster to the United Kingdom during the Second World War. He was hanged for treason by the British as a result of his wartime activities, even though he had renounced his British nationality...
, John Amery
John Amery
John Amery was a British fascist who proposed to the Wehrmacht the formation of a British volunteer force and made recruitment efforts and propaganda broadcasts for Nazi Germany...
, Thomas Haller Cooper and Walter Purdy. J. W. Hall said that if the statutory requirement for corroboration had not been repealed by this Act, William Joyce could not have been convicted on the basis of the evidence offered at his trial. One witness, Detective Inspector Hunt, connected him with the broadcasts during the period before the expiration of the passport (though other witnesses might have come forward).
Repeal and replacement
The schedule to this Act was repealed on 18 December 1953 by section 1 of, and the first schedule to, the Statute Law Revision Act 1953, except in so far as it related to the Treason Act 1695Treason Act 1695
The Treason Act 1695 is an Act of the Parliament of England which laid down rules of evidence and procedure in high treason trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821...
and the Treason Act 1708
Treason Act 1708
The Treason Act 1708 is an Act of the Parliament of Great Britain which harmonised the law of high treason between the former kingdoms of England and Scotland following their union as Great Britain in 1707. It came into effect on 1 July 1709. Some of it is still in force today...
. Those two entries could not be repealed because they were referred to in section 2(2). The other entries were spent because their sole effect was to repeal other enactments.
Sections 1 and 2 of, and the Schedule to, this Act were repealed for England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
The Act was repealed for Northern Ireland by section 15(2) of, and Part 2 of Schedule 2 to, Criminal Law Act (Northern Ireland) 1967, and for Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
by section 83(3) of, and Schedule 8 to, the Criminal Justice (Scotland) Act 1980
Criminal Justice (Scotland) Act 1980
The Criminal Justice Act 1980 is an Act of Parliament in the United Kingdom . It decriminalized private homosexual acts between two consenting adults in Scotland:"Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent...
.
Section 3(3) of the Act was repealed for Northern Ireland by section 41(1) of, and Part I of Schedule 6 to, the Northern Ireland Constitution Act 1973
Northern Ireland Constitution Act 1973
The Northern Ireland Constitution Act 1973 was an Act of the Parliament of the United Kingdom which received the Royal Assent on 18 July 1973...
(c.36).
Section 1 of this Act, and the Treason Act 1800, has been replaced for England and Wales by section 12(6) of the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
and for Northern Ireland by section 14(7) of the Criminal Law Act (Northern Ireland) 1967. They were replaced for Scotland by section 39 of the Criminal Justice (Scotland) Act 1980
Criminal Justice (Scotland) Act 1980
The Criminal Justice Act 1980 is an Act of Parliament in the United Kingdom . It decriminalized private homosexual acts between two consenting adults in Scotland:"Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent...
(also repealed).