From Wikipedia, the free encyclopedia High treason in the United Kingdom
High treason in the United Kingdom
Main articles: High Treason and Treason Since the Crime and Disorder Act 1998 became law,
the maximum sentence for treason in the UK has been
life imprisonment.
Offences
High treason today comprises:
• Treason Act 1351:
• compassing the death of the sovereign, or of the
sovereign’s wife or eldest son and heir
• violating the sovereign’s wife, or the sovereign’s
eldest unmarried daughter, or the sovereign’s
eldest son’s wife
• levying war against the sovereign in the realm
• adhering to the sovereign’s enemies, giving them
aid and comfort, in the realm or elsewhere
• killing the King’s Chancellor, Treasurer (an office
long in commission) or Justices
• Treason Act 1702 and Treason Act (Ireland) 1703:
William Joyce was the last person to be tried for treason in the • attempting to hinder the succession to the
UK, here seen under armed guard in 1945. throne under the Bill of Rights 1689 and the Act
of Settlement 1701
Under the law of the United Kingdom, high treason is • Treason Act 1708:
the crime of disloyalty to the Crown. Offences constitut- • killing the Lords of Session or Lords of Justiciary
ing high treason include plotting the murder of the sov- in Scotland
ereign; having sexual intercourse with the sovereign’s • (in Scottish law only) counterfeiting the Great
consort, with his eldest unmarried daughter, or with the Seal of Scotland
wife of the heir to the throne; levying war against the See the English History section below for detail about the of-
sovereign and adhering to the sovereign’s enemies, giv- fences created by the 1351 Act.
ing them aid or comfort; and attempting to undermine In addition to the crime of treason, the Treason
the lawfully established line of succession. Several other Felony Act 1848 (still in force today) created a new of-
crimes have historically been categorised as high trea- fence known as treason felony, with a maximum sen-
son, including counterfeiting money and being a Catholic tence of life imprisonment instead of death (but today,
priest.[1] due to the abolition of the death penalty, the maximum
High treason was formerly distinguished from petty penalty both for high treason and treason felony would
treason, a treason committed against a subject of the be the same—life imprisonment). Under the traditional
sovereign, the scope of which was limited by statute to categorisation of offences into treason, felonies, and mis-
the murder of a legal superior. Petty treason comprised demeanours, treason felony was merely another form
the murder of a master by his servant, of a husband by of felony. Several categories of treason which had been
his wife, or of a bishop. Petty treason ceased to be a introduced by the Sedition Act 1661 were reduced to
distinct offence from murder in 1828, and consequently felonies. While the common law offences of misprision
high treason is today often referred to simply as treason. and compounding were abolished in respect of felonies
Considered to be the most serious of offences, high (including treason felony) by the Criminal Law Act 1967,
treason was often met with extraordinary punishment, which abolished the distinction between misdemeanour
because it threatened the security of the state. A partic- and felony, misprision of treason and compounding trea-
ularly horrific manner of execution known as hanging, son are still offences under the common law.
drawing and quartering was often employed. The last According to the law in force, it is treason felony to
treason trial was that of William Joyce, who was executed "compass, imagine, invent, devise, or intend":
in 1946. • to deprive the sovereign of the Crown,
1
From Wikipedia, the free encyclopedia High treason in the United Kingdom
• to levy war against the sovereign "in order by force held to include both male and female sovereigns, but on-
or constraint to compel her to change her measures ly the spouses of male Sovereigns. It is not sufficient to
or counsels, or in order to put any force or merely allege that an individual is guilty of high treason
constraint upon or in order to intimidate or overawe because of his thoughts or imaginations; there must be
both Houses or either House of Parliament", or an overt act indicating the plot.[citation needed]
• to "move or stir" any foreigner to invade the United A second form of high treason defined by the Treason
Kingdom or any other country belonging to the Act 1351 was having sexual intercourse with "the King’s
sovereign. companion, or the King’s eldest daughter unmarried, or
the wife of the King’s eldest son and heir." If the inter-
Northern Ireland course is not consensual, only the rapist is liable, but
In addition to the Acts of 1351, 1703, and 1848, two addi- if it is consensual, then both parties are liable (as Anne
tional Acts passed by the old Parliament of Ireland apply Boleyn and Catherine Howard, wives of Henry VIII, dis-
to Northern Ireland alone. The following is also treason: covered to their cost). The jurist Sir William Blackstone
• Treason Act (Ireland) 1537: writes that "the plain intention of this law is to guard
• attempting bodily harm to the king, queen, or the Blood Royal from any suspicion of bastardy, whereby
their heirs apparent the succession to the Crown might be rendered dubious."
• attempting to deprive them of their title Thus, only women are covered in the statute; it is not,
• publishing that the sovereign is a heretic, tyrant, for example, high treason to rape a Queen-Regnant’s hus-
infidel or usurper of the Crown band. Similarly, it is not high treason to rape a widow
• rebelliously withholding from the sovereign his of the sovereign or of the heir-apparent. Diana, Princess
fortresses, ships, artillery etc. of Wales admitted that she had an affair with her riding
• Crown of Ireland Act 1542: instructor, James Hewitt, between 1987 and 1992. As she
• doing anything to endanger the sovereign’s was then the wife of the Prince of Wales, heir to the
person throne, this fitted the definition of high treason, and a
• doing anything which might disturb or interrupt national newspaper briefly attempted[5][6] to have He-
the sovereign’s possession of the Crown witt prosecuted for what was then still a capital of-
(Note that although the Irish Act of Supremacy 1560 is fence.[7]
still in force,[2] it is no longer treason to contravene it.[3]) It is high treason "if a man do levy war against our
Lord the King in his realm" or "if a man be adherent
to the King’s enemies in his realm, giving to them aid
History: England and Wales and comfort in the realm, or elsewhere." Conspiracy to
In England, there was no clear common law definition of levy war or aid the sovereign’s enemies do not amount to
treason; it was for the king and his judges to determine if this kind of treason, though it may be encompassing the
an offence constituted treason. Thus, the process became Sovereign’s death. In modern times only these kinds of
open to abuse, and decisions were often arbitrary. For in- treason have actually been prosecuted (during the World
stance, during the reign of Edward III, a knight was con- Wars and the Easter Rising).
victed of treason because he assaulted one of the king’s The Treason Act 1351 made it high treason to "slay
subjects and held him for a ransom of £90. It was only the Chancellor, Treasurer, or the King’s justices of the
in 1351 that Parliament passed legislation on the subject one bench or the other, justices in eyre, or justices of as-
of treason. Under the Treason Act 1351, or "Statute of size, and all other justices assigned to hear and deter-
Treasons", which distinguished between high and petty mine, being in their places doing their offices."
treason, several distinct offences constitute high treason; The last types of high treason defined by the Treason
most of them continue to do so, while those relating to Act 1351 were the forgery of the Great Seal or Privy Seal,
forgery have been relegated to ordinary offences.[4] the counterfeiting of English (later British) money and
First, it is high treason to "compass or imagine the the importing of money known to be counterfeit. These
death of our Lord the King, of our Lady his Queen, or of offences, however, were reduced to felonies rather than
their eldest son and heir." The terms "compass or imag- high treasons in 1861 and 1832 respectively.
ine" indicate the premeditation of a murder; it would Finally, the Treason Act 1351 specified that the listing
not be high treason to accidentally kill the sovereign or of offences was meant to be exhaustive. Only Parliament,
any other member of the Royal Family (though some- not the courts, could add to the list. It provided that if
one could be charged with manslaughter or negligent "other like cases of treason may happen in time to come,
homicide). However it has also been held to include re- which cannot be thought of nor declared at present", the
belling against or trying to overthrow the monarch, as court may refer the matter to the King and Parliament,
experience has shown that this normally involves the which could then determine the matter by passage of an
monarch’s death. The terms of this provision have been Act.
2
From Wikipedia, the free encyclopedia High treason in the United Kingdom
After the passage of the Treason Act 1351, several treason to kill Philip II of Spain, her king consort, or to
other offences were deemed to comprise high treason try to deprive him of his title.[13]
by Act of Parliament. Parliament seemed especially un- William III made it high treason to manufacture, buy,
restrained during the reign of Edward III’s successor, sell or possess instruments whose sole purpose is to coin
Richard II. Numerous new offences—including intending money. He also made adding any inscription normally
to kill the Sovereign (even without an overt act demon- found on a coin to any piece of metal that may resemble a
strating such intent) and killing an ambassador—were coin high treason. George II made it high treason to mark
declared treasonable.[8] Richard II, however, was de- or colour a silver coin so as to make it resemble a gold
posed; his successor, Henry IV, rescinded the legislation one.
and restored the standard of Edward III. Aside from laws relating to counterfeiting and suc-
In 1495 Poynings’ Law extended English law to cover cession, very few acts concerning the definition of high
Ireland. treason were passed. Under laws passed during the reign
From the reign of Henry IV onwards, several new of- of Elizabeth I, it was high treason for an individual to
fences were made treasons; most legislation on the sub- attempt to defend the jurisdiction of the Pope over the
ject was passed during the reign of Henry VIII. It became English Church for a third time (a first offence being a
high treason to deface money; to escape from prison misdemeanour and a second offence a felony),[14] or for
whilst detained for committing treason, or to aid in an a Roman Catholic priest to enter the realm and refuse
escape of a person detained for treason; to commit arson to conform to the English Church,[15] or to purport to
to extort money; to refer to the Sovereign offensively in release a subject of his allegiance to the Crown or the
public writing; to counterfeit the Sovereign’s sign manu- Church of England and to reconcile him or her with a for-
al, signet or privy seal; to refuse to abjure the authority eign power.[16] Charles II’s Sedition Act 1661 made it trea-
of the Pope; to marry any of the Sovereign’s children, sis- son to imprison, restrain or wound the king. Although
ters, aunts, nephews or nieces without royal permission; this law was abolished in the United Kingdom in 1998,
to marry the Sovereign without disclosing prior sexual it still continues to apply in some Commonwealth coun-
relationships; attempting to enter into a sexual relation- tries. Under laws passed after James II was deposed, it
ship (out of marriage) with the Queen or a Princess; deny- became treasonable to correspond with the Jacobite
ing the Sovereign’s official styles and titles; and refusing claimants (main article), or to hinder succession to the
to acknowledge the Sovereign as the Supreme Head of Throne under the Act of Settlement 1701, or to publish
the Church of England. Some offences, whose complex- that anyone other than the individual specified by the
ion was entirely different from traitorous actions, were Act of Settlement had the right to inherit the Crown.[17]
nevertheless made treasons; thus, it was high treason for
a Welshman to steal cattle, or for an assembly of twelve
or more rioters to refuse to disperse when so command-
History: after union with Scot-
ed. land
All new forms of high treason introduced since the
In 1708, following the Union of England and Scotland in
Treason Act 1351, except those to do with forgery and
the previous year, Queen Anne signed the Treason Act
counterfeiting, were abrogated by the Treason Act 1547,
1708, which harmonised the treason laws of both former
which was passed at the beginning of the reign of Edward
kingdoms (effective from July 1709). The English offences
VI.[9] The Act created new kinds of treason however, in-
of high treason and misprision of treason (but not pet-
cluding denying that the King was the Supreme Head of
ty treason) were extended to Scotland, and the treason-
the Church, and attempting to interrupt the succession
able offences then existing in Scotland were abolished.
to the throne as determined by the Act of Succession
These were: "theft in Landed Men", murder in breach of
1543.[10]
trust, fire-raising, "firing coalheughs" and assassination.
When Mary I became queen in 1553, she passed an Act
The Act also made it treason to counterfeit the Great Seal
abolishing all treasons whatsoever which had been creat-
of Scotland, or to slay the Lords of Session or Lords of
ed since 1351.[11] Later that year, however, the offence of
Justiciary "sitting in Judgment in the Exercise of their
forging the Sovereign’s sign manual or signet once again
Office within Scotland". In general, treason law in Scot-
became high treason.[12] Furthermore, the anti-counter-
land remained the same as in England, except that when
feiting laws were extended so as to include foreign mon-
in England the offence of counterfeiting the Great Seal
ey deemed legal tender in England. Thus, it became high
of the United Kingdom etc. (an offence under other leg-
treason to counterfeit such foreign money, or to import
islation[18]) was reduced from treason to felony by the
counterfeit foreign money and actually attempt to use it
Forgery Act 1861, this change was not made in Scotland
to make a payment. (But importing any counterfeit Eng-
until later, and though in England it has not been treason
lish money remained high treason, even if no attempt
to forge the Scottish Great Seal since 1861,[19] in Scotland
were made to use it in payment.) Mary also made it high
this remains treason today.[20] When the Scottish Par-
3
From Wikipedia, the free encyclopedia High treason in the United Kingdom
liament was set up in 1998, treason and treason felony English mother, he had moved to Britain in his teens and
were among the "reserved matters" it was prohibited applied for a British passport in 1933 which was still valid
from legislating about, ensuring that the law of treason when he defected to Germany and so under the law he
remains uniform throughout the United Kingdom. owed allegiance to Britain. He appealed against his con-
Between 1817 and 1820 it was treason to kill the viction to the House of Lords on the grounds he had lied
Prince Regent.[21] In 1832 counterfeiting money ceased about his country of birth on the passport application
to be treason and became a felony.[22] In Ireland, coun- and did not owe allegiance to any country at the begin-
terfeiting seals ceased to be treason in 1861, in line with ning of the war. The appeal was not upheld and he was
England and Wales.[23] executed at Wandsworth Prison on 3 January 1946.
It is thought the strength of public feeling against
First World War Joyce as a perceived traitor was the driving force behind
A notable treason trial occurred at the Old Bailey in 1916 his prosecution. The only evidence offered at his trial
when Sir Roger Casement was accused of siding with Ger- that he had begun broadcasting from Germany while his
many for his role in the Easter Rising in Ireland. The British passport was valid was the testimony of a London
charge against him was that he tried to encourage Irish police inspector who had questioned him before the war
soldiers in the British Army to desert and fight for Ger- while he was an active member of the British Union of
many as a means to secure Irish freedom. Casement ar- Fascists and claimed to have recognised his voice on a
gued that, as an Irishman, he was a foreigner and could propaganda broadcast in the early weeks of the war (he
not be tried in an English court. This argument failed already had previous convictions for assault and riotous
because he had been in the employment of the British assembly as a result of street fights with communists and
Government as a diplomat for almost all of his adult life, anarchists).
and had accepted a knighthood and a pension from the
Treachery Act 1940
British Government on his retirement in 1911. He was
hanged in Pentonville Prison on 3 August 1916, regarded Main article: Treachery Act 1940
as a martyr by the Irish Republican movement. Until 1945 treason had its own rules of evidence and pro-
The Titles Deprivation Act 1917 authorised the king cedure which made it difficult to prosecute accused trai-
to deprive peers of their peerage if they had assisted the tors, such as the need for two witnesses to the same
enemy during the war, or voluntarily resided in enemy offence. Consequently in the Second World War it was
territory. This was mainly in response to the closeness of perceived that there was a need for a new offence with
the British royal family with some German thrones, lead- which to deal with traitors more expediently. The
ing to the loss of British titles from the dukes of Saxe- Treachery Act 1940 was passed creating a felony called
Coburg and Gotha and Brunswick, the Crown Prince of treachery, to punish disloyalty and espionage. It was a
Hanover, and the Viscount Taaffe. Whilst the act allowed capital offence. Seventeen people were sentenced to be
for their descendants to petition for the restoration of shot or hanged for this offence instead of for treason (one
these titles, as of 2010, no descendant has done so. death sentence was commuted).[25] Theodore Schurch
was the last person to be put to death for treachery, in
Second World War 1946. He was also the last person to be executed for a
crime other than murder. Josef Jakobs, a German spy ex-
John Amery was executed in 1945 after pleading guilty to
ecuted for treachery, was the last person to be executed
eight charges of treason for efforts to recruit British pris-
in the Tower of London.
oners of war into the British Free Corps and for making
The Treachery Act 1940 was suspended in February
propaganda broadcasts for Nazi Germany.
1946, and was repealed in 1967.[26]
The last execution for treason in the United Kingdom
was held in 1946. William Joyce (also known as Lord Haw
1945 to 1998
Haw) stood accused of levying war against King George
VI by travelling to Germany in the early months of World In June 1945 the Treason Act 1945 abolished the special
War II and taking up employment as a broadcaster of rules of evidence and procedure formerly used in treason
pro-Nazi propaganda to British radio audiences. He was trials, and replaced them with the rules applicable to
awarded a personal commendation by Adolf Hitler in murder trials, to simplify the law. As discussed above, the
1944 for his contribution to the German war effort. On his last treason prosecutions occurred later that year.
capture at the end of the war, Parliament rushed through From 1945, treason consisted of the offences which
the Treason Act 1945[24] to facilitate a trial that would are treason today (see above), plus two other kinds. The
have the same procedure as a trial for murder. Before the Succession to the Crown Act 1707 made it treason to af-
Act, a trial for treason short of regicide involved an elab- firm that any person has a right to succeed to the Crown
orate and lengthy medieval procedure. Although Joyce otherwise than according to the Act of Settlement and
was born in the United States to an Irish father and an Acts of Union, or that the Crown and Parliament cannot
4
From Wikipedia, the free encyclopedia High treason in the United Kingdom
legislate for the limitation of the succession to the In England and Wales and in Northern Ireland, the
Crown.[27] This was abolished in 1967. The Treason Act statutory defence of marital coercion is not available to a
1795 made it treason to "compass, imagine, invent, devise wife charged with treason.[30][31]
or intend death or destruction, or any bodily harm tend-
ing to death or destruction, maim or wounding, impris-
onment or restraint, of the person of ... the King." This
Trial
was abolished in 1998, when the death penalty was also Peers and their wives and widows were formerly entitled
abolished.[28] to be tried for treason and for felonies in the House of
Lords or the Lord High Steward’s Court, the former being
used in every case except when Parliament was not in
Liability session. In the House of Lords, the Lord High Steward
As a general rule, no British criminal court has jurisdic- presided, but the entire House acted as both judge and ju-
tion over the Sovereign, from whom they derive their au- ry. In the Lord High Steward’s Court, the Lord High Ste-
thority. As Sir William Blackstone writes, "the law sup- ward was a judge, and a panel of "Lords Triers" served
poses an incapacity of doing wrong from the excellence as a jury. There was no right of peremptory challenge
and perfection ... of the King." Furthermore, to charge in either body. Trial by either body ceased in 1948, since
the sovereign with high treason would be inconsistent, which time peers have been tried in the same courts as
as it would constitute accusing him of disloyalty to him- commoners.
self. After the English Civil War, however, Charles I was Commoners, and now peers and their wives and wid-
tried for treason against the people of England. His trial ows, are entitled to be tried for high treason, and also for
and execution were irregular; they were more accurately lesser crimes, by jury. Formerly, commoners were enti-
products of a revolution, rather than a legal precedent, tled to thirty-five peremptory challenges in cases of trea-
and those responsible were themselves tried for treason son, but only twenty in cases of felony and none in cases
after the monarchy was restored (see List of regicides of of misdemeanours; all peremptory challenges, however,
Charles I). However, a person who attempts to become the were abolished in 1988.[32]
Sovereign without a valid claim can be held guilty of trea- Another mode of trial for treason, and also for other
son. Consequently Lady Jane Grey was executed for trea- crimes, is in the House of Lords following impeachment
son for usurping the throne in 1553. by the House of Commons. Normally, the Lord Chancellor
An alien resident in the United Kingdom owes allegi- presides during trials; when a peer is accused of high
ance to the Crown, and may be prosecuted for high trea- treason, however, the Lord High Steward must preside.
son. The only exception is an enemy lawful combatant in By convention, however, the Lord Chancellor would be
wartime, e.g. a uniformed enemy soldier on British terri- appointed Lord High Steward for the duration of the tri-
tory. al—the post of Lord High Steward ceased to be regularly
A British subject resident abroad also continues to filled in 1421, being revived only for trials of peers and
owe allegiance to the Crown. If he or she becomes a citi- for coronations. Whilst impeachments are still possible,
zen of another state before a war during which he bears no impeachment has occurred since 1806.
arms against the Crown, he or she is not guilty of high Finally, it was possible for Parliament to pass an Act
treason. On the other hand, becoming a citizen of an ene- of attainder, which pronounces guilt without a trial. His-
my state during wartime is high treason, as it constitutes torically, Acts of attainder have been used against po-
adhering to the sovereign’s enemies. litical opponents when speedy executions were desired.
Insane individuals are not punished for their crimes. In 1661, Parliament passed acts posthumously attainting
During the reign of Henry VIII, however, it was enacted Oliver Cromwell, Henry Ireton and John Bradshaw—who
that in the cases of high treason, an idiot could be tried were previously involved in Charles I’s trial—of treason.
in his absence as if he were perfectly sane. In the reign of These three individuals were posthumously executed,
Mary I, the statute was repealed. and are the only individuals to have suffered this fate
The Treason Act 1495 provides that in a civil war be- posthumously under English treason laws. (In 1540, a
tween two claimants to the throne, those who fight for Scottish court summoned Robert Leslie, who was de-
the losing side cannot be held guilty of a crime merely for ceased, for a trial for treason. The Estates-General de-
fighting against the winner. clared the summons lawful; Leslie’s body was exhumed,
and his bones were presented at the bar of the court. This
Duress and marital coercion procedure was never used in England.)
Duress is not available as a defence to treason involving
the death of the sovereign.[29]
5
From Wikipedia, the free encyclopedia High treason in the United Kingdom
Procedure and evidence Modern procedure
The procedure on trials for treason is the same as that on
Before 1945 trials for murder.[33][34][35] It is therefore an indictable-
only offence.
Certain special rules procedures have historically applied
to high treason cases. The privilege of the peerage and
parliamentary privilege preclude the arrest of certain in-
Alternative verdict
dividuals (including peers, wives and widows of peers England and Wales
and members of Parliament) in many cases, but treason On the trial of an indictment for treason, the jury can-
was not included (nor were felony or breach of the not return an alternative verdict to the offence charged
peace). Similarly, an individual could not claim sanctuary in that indictment under section 6(3) of the Criminal Law
when charged with high treason; this distinction be- Act 1967. For this purpose each count is considered to be
tween treasons and felonies was lost as sanctuary laws a separate indictment (s.6(7)). For example, the jury can-
were repealed in the late 17th and early 19th century. not give an alternative verdict of manslaughter in cases
The defendant, furthermore, could not claim the benefit of the assassination of the monarch. The Homicide Act
of clergy in treason cases; but the benefit of the clergy, as 1957 does not apply.
well, was abolished during the 19th century. Northern Ireland
Formerly, if an individual stood mute and refused to On the trial of an indictment for treason, the jury can-
plead guilty or not guilty for a felony, he would be tor- not return an alternative verdict to the offence charged
tured until he enter a plea; if he died in the course of the in that indictment under section 6(2) of the Criminal Law
torture, his lands would not be seized to the Crown, and Act (Northern Ireland) 1967. For this purpose each count
his heirs would be allowed to succeed to them. In cases of is considered to be a separate indictment (s.6(7)).
high treason, however, an individual could not save his
lands by refusing to enter a plea; instead, a refusal would Limitation
be punished by immediate forfeiture of all estates. This A person may not be indicted for treason committed
distinction between treasons and felonies ended in 1772, within the United Kingdom (subject to the following ex-
when the court was permitted to enter a plea on a defen- ception) unless the indictment is signed within three
dant’s behalf. years of the commission of that offence.[36][37][38] This
Formerly, an individual was not entitled to assistance limitation does not apply to treason which consists of de-
of counsel in any capital case, including treason; the rule, signing, endeavouring or attempting to assassinate the
however, was abolished in treason cases by the Treason sovereign.[39] There is no time limit on the prosecution
Act 1695. The same Act restored a rule from 1661 which of treason committed outside of the United Kingdom.[40]
had made it necessary to produce at least two witnesses
to prove each alleged offence of high treason. Nearly one Bail
hundred years later a stricter version of this rule was In England and Wales, a person charged with treason
incorporated into the Constitution of the United States. may not be granted bail except by order of a High Court
The 1695 Act also provided for a three year time limit judge or of the Secretary of State.[41] In Northern Ireland,
on bringing prosecutions for treason (except for assassi- such a person may not be admitted to bail except by or-
nating the king) and misprision of treason, another rule der of the High Court or of the Secretary of State.[42]
which has been imitated in some common law countries. In Scotland, all crimes and offences which are treason
These rules made it difficult to prosecute charges of are bailable.[43]
treason, and the rule was relaxed by the Treason Act
1800 to make attempts on the life of the King subject to
the same rules of procedure and evidence as existed in Punishment
murder trials (which did not require two witnesses). This
change was extended to all assaults on the Sovereign by Before 1998
the Treason Act 1842. Finally the special rules for treason The form of execution once suffered by traitors was often
were abolished by the Treason Act 1945 when the rules of (though not invariably) torturous. The condemned could
evidence and procedure in all cases of treason were made not walk or be carried to the place of execution; the sen-
the same as for murder. However, the original three-year tence required that they were to be drawn: they might
time limit stated above survived into the present day. be dragged along the ground, but were normally tied on-
This meant that when James Hewitt was accused of trea- to a hurdle which was drawn to the place of execution
son because of his affair with the Princess of Wales, he by a horse. A man would then be hanged by a noose
could not be prosecuted because it could not be proved around the neck, but not so as to die: there would be no
that he had done it within the foregoing three year peri- "drop" to break the neck. Whilst still alive, he would be
od.
6
From Wikipedia, the free encyclopedia High treason in the United Kingdom
cut down and allowed to drop to the ground, stripped of last execution of any kind for high treason was that of
his clothes, his genitals cut off, his viscera pulled out and William Joyce by hanging in 1946.
burnt before his own eyes, and other organs would be No person has been prosecuted for treason since
torn out of his body. The body would be decapitated, and Joyce. A number of cases of treason (especially during the
cut into four quarters. The body parts would be at the Northern Ireland Troubles) have been prosecuted as or-
disposal of the Sovereign, and generally they would be dinary murder or other crimes, and the admitted adul-
gibbeted or publicly displayed. This torturous sentence tery of Diana, Princess of Wales, was never prosecuted.
was amended in 1814 so that the offender would hang to
death; the disembowelling, beheading and quartering to Today
be carried out posthumously. A person convicted of treason is liable to imprisonment
Women were excluded from this type of punishment for life or for any shorter term.[49] (See Life imprison-
and instead were drawn and then burned at the stake, ment in England and Wales for more details).
until this was replaced with hanging by the Treason Act Treason also entails disqualification from public of-
1790 and the Treason by Women Act (Ireland) 1796. fice, and loss of suffrage[50] (except in local elections[51]).
The penalty for high treason by counterfeiting or (This rule does not apply in Scotland.[52])
clipping coins was the same as the penalty for petty trea-
son (which for men was drawing and hanging without
the torture and quartering, and for women was burning Scottish Parliament and North-
or hanging.)[44]
Individuals of noble birth were not subjected to ei-
ern Ireland Assembly
ther form of torture, but merely beheaded. Even com- Treason (including constructive treason) is a reserved
moners’ sentences were sometimes commuted to be- matter on which the Scottish Parliament cannot legis-
heading—a sentence not formally removed from the Bri- late.[53]
tish law until 1973.[45] Treason (but not powers of arrest or criminal proce-
In addition to being tortured and executed, a traitor dure) is an excepted matter on which the Northern Ire-
was also deemed "attainted". The first consequence of at- land Assembly cannot legislate.[54]
tainder was forfeiture; all lands and estates of a traitor
were forever forfeit to the Crown. A second consequence
was corruption of blood; the attainted person could nei-
Treason today
ther inherit property, nor transmit it to his or her de- Almost all treason-related offences introduced since the
scendants. This may have been open to abuse, either by Treason Act 1351 was passed have been abolished or rel-
avaricious monarchs or by parliament when little (if any) egated to lesser offences. The Treason Act 1351, on the
evidence was available to secure a conviction. There was other hand, has not been significantly amended; the only
a complex and ceremonial procedure used to try treason changes involve the removal of counterfeiting, as ex-
cases, with a strict requirement for a minimum of two plained above. For the state of the law today, see the Of-
witnesses to the crime. fences section above.
In 1870, attainder was abolished. In the same year In Autumn 2001 following 9/11, the British govern-
in England,[46] and in 1949 in Scotland,[47] posthumous ment threatened British citizens who fought for the Tal-
drawing and quartering was abolished, and so the sole iban army in Afghanistan against Anglo-American troops
punishment was hanging. with prosecution for treason, although no one was subse-
By 1965, capital punishment had been abolished for quently tried, at least not for treason.
almost all crimes, but was still mandatory (unless the On 8 August 2005, it was reported that the UK Govern-
offender was pardoned or the sentence commuted) for ment was considering bringing prosecutions for treason
high treason until 1998. By section 36 of the Crime and against a number of British Islamic clerics who have pub-
Disorder Act 1998[48] the maximum punishment for high licly spoken positively about acts of terrorism against
treason became life imprisonment. (See also Treason Act civilians in Britain, or attacks on British soldiers abroad,
1814.) including the 7 July London bombings and numerous at-
The last beheading of a peer for high treason was that tacks on troops serving in Iraq and Afghanistan.[55] Fol-
of Simon Fraser, 11th Lord Lovat in 1747. The last exe- lowing this threat one foreign cleric who the British gov-
cution by burning for high treason was that of Catherine ernment had failed to deport fled to Lebanon, only to
Murphy in 1789. The last sentences of hanging, drawing request to be rescued by the British military during the
and quarterings were those on the Cato Street Conspira- 2006 Israeli-Lebanon War. However later that year pros-
tors in 1820, (but the drawing and quartering were omit- ecutors indicted Abu Hamza al-Masri for inciting murder
ted by Royal command). One of the last executions for (he was convicted in February 2006), and it now seems
high treason was that of John Amery, the last person in unlikely that anyone will be charged with treason in the
the United Kingdom to plead guilty to high treason. The foreseeable future.
7
From Wikipedia, the free encyclopedia High treason in the United Kingdom
In 2008 the former attorney-general, Lord Goldsmith [16] Religion Act 1580
QC, published a report on his review of British citizen- [17] Succession to the Crown Act 1707; repealed in 1967
ship. One of his recommendations was for a "thorough [18] The Forgery Act 1830 (11 Geo. IV & 1 Gul. IV c. 66),
reform and rationalisation of the law" of treason. [56] section 2; formerly 1 Mar. stat. 2 c. 6.
[19] The Forgery Act 1830 and the Forgery Act 1861
Acts in force today [20] The Treason Act 1708, section 12 (disapplied from
Acts containing substantive or procedural law England by Forgery Act 1830, sections 30 and 31).
• Treason Act 1351 (most forms of treason) [21] Treason Act 1817
• Treason Act 1495 (special defence to treason) [22] Coinage Act 1832 (2&3 Will. 4 c. 34), s. 1
• Treason Act (Ireland) 1537 (Northern Ireland only) [23] Forgery Act 1861
• Crown of Ireland Act 1542 (Northern Ireland only) [24] 1945 c.44
• Treason Act 1695 (limitation on prosecution) [25] British Military & Criminal History in the period
• Treason Act 1702 (a further form of treason) 1900 to 1999
• Treason Act (Ireland) 1703 (equivalent to Treason [26] Criminal Law Act 1967
Act 1702) [27] Encyclopædia Britannica 1991 ed.
• Treason Act 1708 (further forms of treason) [28] Crime and Disorder Act 1998, section 36
• Treason Act 1814 and Forfeiture Act 1870 (the [29] Archbold Criminal Pleading, Evidence and Practice
penalty for treason) (2008) 17-119.
• Treason (Ireland) Act 1821 (extends provisions of the [30] The Criminal Justice Act 1925 (15 & 16 Geo.5 c.86),
1695 Act to Northern Ireland) section 47
• Treason Felony Act 1848 (still-existing offences [31] The Criminal Justice Act (Northern Ireland) 1945
which used to be treason) (c.15)(N.I.), section 37
Acts which are spent [32] Criminal Justice Act 1988, section 118
• Treason Act 1945 (section 3 seems to remain in force [33] The Criminal Law Act 1967 (c.58), section 12(6)
in England and Wales, but appears to be spent) [34] The Criminal Law Act (Northern Ireland) 1967
Acts creating similar offences (c.18) (N.I.), section 14(7)
See also the Treason Act 1842 (assaulting the Queen), [35] The Criminal Procedure (Scotland) Act 1995 (c.46),
the Official Secrets Acts 1911 to 1989 (espionage), the section 289
Trading with the Enemy Act 1939 and the Terrorism Acts. [36] The Treason Act 1695 (7 & 8 Will.3 c.3), section 5; as
amended by the Administration of Justice
(Miscellaneous Provisions) Act 1933 (23 & 24 Geo.5
See also c.86), section 2(8) and paragraph 1 of Schedule 2
• List of the Treason Acts [37] The Treason Act 1708 (7.Ann. c.21), section 1
[38] The Treason (Ireland) Act 1821 (1 & 2 Geo.4 c.24)
[39] The Treason Act 1695 (7 & 8 Will.3 c.3), section 6
Notes [40] The Law Commission (1977). Treason, Sedition and
[1] Jesuits, etc. Act 1584 Allied Offences (Working Paper No.72), paragraph
[2] 2 Eliz c. 1 36
[3] Religious Disabilities Act 1846 (9 & 10 Vict c. 59), s. [41] The Magistrates’ Courts Act 1980 (c.43), section 41
1 and the Bail Act 1976 (c.63), section 4(7)
[4] Coinage Act 1832 and Forgery Act 1861 (both [42] The Magistrates’ Courts Order (Northern Ireland)
repealed) 1981 (No.1675 (N.I.26)), article 38
[5] The Sunday Business Post Online [43] The Criminal Procedure (Scotland) Act 1995 (c.46),
[6] "Editor defends Mirror over Diana letters". BBC section 24(1); as amended by the Bail, Judicial
News. 31 August 2000. http://news.bbc.co.uk/1/hi/ Appointments etc. (Scotland) Act 2000 (asp 9),
uk/905239.stm. Retrieved 4 May 2010. section 3(1)
[7] The New York Times [44] Hale’s History of Pleas of the Crown (1800 ed.) vol. 1,
[8] Treason Act 1397 (21 Ric.2 c. 12) pages 219-220 (from Google Books).
[9] Treason Act 1547 (1 Ed. 6, c. 12) [45] Treason Act 1814 section 2, repealed by Statute Law
[10] ibid. (Repeals) Act 1973 (c. 39), Sch. 1 Pt. V.
[11] Treason Act 1553 (1 Mar. stat. 1 c. 1) [46] Forfeiture Act 1870, s. 31.
[12] 1 Mar. stat. 2 c. 6. [47] Criminal Justice (Scotland) Act 1949, s. 14.
[13] Treason Act 1554 (1 & 2 Ph. & M. c.10) [48] Section 36, from The National Archives
[14] Act of Supremacy 1558 [49] The Treason Act (Ireland) 1537, section I (amended
[15] Jesuits, etc. Act 1584 by the Crime and Disorder Act 1998, section 36(1));
the Crown of Ireland Act 1542, section II (amended
8
From Wikipedia, the free encyclopedia High treason in the United Kingdom
by the 1998 Act, section 36(2)(a)); the Act of [53] The Scotland Act 1998 (c.46), section 29(1) and
Supremacy (Ireland) (1560), section XII (amended (2)(b) and paragraph 10 of Part I of Schedule 5
by the 1998 Act, section 36(2)(b)); the Treason Act [54] The Northern Ireland Act 1998 (c.47), sections 4(1)
1702, section 3 (amended by the 1998 Act, section and 6(2)(b) and paragraph 7 of Schedule 2
36(2)(c)); the Treason Act (Ireland) 1703, section I [55] BBC News: "Terror treason charge considered," 8
(amended by the 1998 Act, section 36(2)(d)); the August 2005
Treason Act 1708, section V; and the Treason Act [56] Citizenship: Our Common Bond
1814, section 1 (amended by the 1998 Act, section
36(4))
[50] Forfeiture Act 1870, section 2.
Further reading
[51] Local Government Act 1933, Sch. 10, Sch. 11 Pt. IV; • Halsbury’s Laws of England, 4th Edition, 2006 reissue,
London Government Act 1939, Sch. 8; Local Volume 11(1), Paragraphs 363, 364 and 366
Government (Members and Officers) Act (Northern • The Law Commission (1977). Treason, Sedition and
Ireland) 1964, Schedule. Allied Offences (Working Paper No.72), Part II, pp. 7 –
[52] Forfeiture Act 1870, section 33. 40.BAILII
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