• Source: Criminal Statutes (Ireland) Repeal Act 1828

The Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. c. 53) was an act of the Parliament of the United Kingdom that repealed for Ireland statutes relating to the criminal law from 1225 to 1826.
The act included repeals mirroring for Ireland the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4 c. 27), including repealing acts of the Parliament of England extended to Ireland by Poynings' Act 1495.
Similar provision was made for India by the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74).




Background


In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.
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. From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done.
In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including:

Benefit of Clergy
Larceny and other Offences of Stealing
Burglary, Robbery and Threats for the Purpose of Robbery or of Extortion
Embezzlement, False Pretences, and the Receipt of Stolen Property
Malicious Injuries to Property
Remedies against the Hundred
In 1827, several Acts were passed for this purpose, territorially limited to England and Wales and Scotland, including:

Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27), which repealed for England and Wales over 140 statutes relating to the criminal law
Criminal Law Act 1827 (7 & 8 Geo. 4. c. 28), which modernised the administration of criminal justice.
Larceny Act 1827 (7 & 8 Geo. 4. c. 29), which consolidated provisions in the law relating to larceny.
Malicious Injuries to Property Act 1827 (7 & 8 Geo. 4. c. 30), which consolidated provisions in the law relating to malicious injuries to property.
In 1828, the Offences Against the Person Act 1828 (9 Geo. 4 c. 31) was passed, which consolidated for England and Wales provisions in the law related to offences against the person.
During the parliamentary debate for the Larceny Laws Repeal Bill in the House of Commons on 13 March 1827, which extended only to England and Wales, the home secretary Sir Robert Peel assured members of parliament that a similar Bill was in preparation for Ireland.
In 1828, parallel Bills for Ireland to Peel's Acts were introduced, becoming:

Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. 54)
Criminal Law (Ireland) Act 1828 (9 Geo. 4. 54)
Larceny (Ireland) Act 1828 (9 Geo. 4. c. 55)
Malicious Injuries to Property (Ireland) Act 1828 (9 Geo. 4. c. 56)




Passage


The Larceny Acts Repeal (Ireland) Bill was brought in to the House of Commons on 6 May 1828 by the chief secretary for Ireland, William Lamb , Mr Doherty and Thomas Wallace, 1st Baron Wallace . The Bill had its first reading in the House of Commons on 12 May 1828. The Bill had its second reading in the House of Commons on 19 May 1828 and was committed to a Committee of the Whole House, which met and reported with amendments on 3 June 1828. The amended Bill was considered and agreed on 9 June 1828 and had its third reading in the House of Commons on 13 July 1828.
The Bill had its first reading in the House of Lords on 16 June 1828. The Bill had its second reading on 24 June 1828 and was committed to a Committee of the Whole House which met on 1 July 1828 and reported with amendments on 2 July 1828. The amended Bill had its third reading on 3 July 1828.
The amended Bill was considered and agreed to by the House of Commons on 3 July 1828.
The Bill was granted royal assent on 15 July 1828.




Legacy


The territorial extent of the act was limited to Ireland. Section 125 of the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) repealed for India all the acts listed in the act.
The territorial terms of the act led to several acts being for the avoidance of doubt for Scotland repealed by later Statute Law Revision Acts, including:

Statute Law Revision Act 1861 (24 & 25 Vict. c. 101)
Statute Law Revision Act 1867 (30 & 31 Vict. c. 59)
Statute Law Revision Act 1872 (35 & 36 Vict. c. 63)
Statute Law Revision Act 1873 (36 & 37 Vict. c. 91)
Statute Law Revision Act 1887 (50 & 51 Vict. c. 59)
Statute Law (Repeals) Act 1973 (1973 c. 39)




Repealed acts


Section 1 of the act repealed 142 acts listed in that section. The territorial extent of the repeal, to take effect on 31 August 1828, was limited to Ireland and the jurisdiction of the Admiralty of Ireland. Section 1 of the act also stated that for offenses and other matters committed or done before 31 August 1828, the repealed Acts will still apply as if the Act had not been passed.
Section 2 of the act repealed all provisions in other laws that were designed to continue or perpetuate the acts being repealed by this legislation, to take effect on 31 August 1828.
Section 3 of the act stated that the extent of any repeals did not stretch to the Post Office, "any Branch of the Public Revenue", navy and army stores and other royal "Public Stores", with the exception of the Embezzlement of Naval, etc., Stores Act 1812 (52 Geo. 3 c. 12).




See also


Halsbury's Statutes
Statute Law Revision Act




Notes






References

Kata Kunci Pencarian:

• Criminal Statutes (Ireland) Repeal Act 1828
• Criminal Statutes Repeal Act 1827
• Criminal Statutes Repeal Act 1861
• Offences Against the Person Act 1828
• Offences Against the Person Act 1861
• List of acts of the Parliament of Ireland, 1600–1690
• Juries (Ireland) Act 1833
• Statute of Westminster 1275
• Criminal Law (India) Act 1828
• List of acts of the Parliament of Ireland, 1500–1599