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F1S. 46 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable F1. . . to be kept in penal servitude F1 . . .; F2. . . F3 . . .
F1Words repealed by Statute Law Revision Act 1892 (c. 19)
F2Words repealed (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170, Sch. 8 para. 16, Sch. 16
F3Words omitted (E.W.) by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2) and repealed (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)
C1Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
C2S. 47 extended (27.4.1997) by 1997 c. 13, ss. 1(2)(b), 10(2)
E1This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable F1 . . . [F2to imprisonment for a term not exceeding 7 years] . . . F1; and whosoever shall be convicted upon an indictment for a common assault shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding [ F3two years] . . . F4
F1Words repealed by Statute Law Revision Act 1892 (c. 19)
F2Words in s. 47 substituted (N.I.) (28.9.2004) by The Criminal Justice (No. 2) (Northern Ireland) Order 2004 (S.I. 2004/1991 (N.I. 15)), art. 4(2)(a)
F3Words in s. 47 substituted (N.I.) (28.9.2004) by The Criminal Justice (No. 2) (Northern Ireland) Order 2004 (S.I. 2004/1991 (N.I. 15)), art. 4(2)(b)
F4Words omitted (E.W.) by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2) and repealed (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)
C1Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
C2S. 47 extended (27.4.1997) by 1997 c. 13, ss. 1(2)(b), 10(2)
E1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only
F1Ss. 50, 51 repealed by Offences against the Person Act 1875 (c. 94), s. 2
F1Ss. 52–55, 61–63 repealed (E.W.) by Sexual Offences Act 1956 (c. 69), Sch. 4
F1S. 53 repealed (N.I.) in part by S.I. 1980/704 (N.I. 6), Sch. 2 and ss. 52-55, 61-63 repealed (E.W.) by sexual Offences Act 1956 (c. 69), Sch. 4
F1Ss. 52–55, 61–63 repealed (E.W.) by Sexual Offences Act 1956 (c. 69), Sch. 4
Whosoever shall unlawfully, either by force or fraud, lead or take away, or decoy or entice away or detain, any child under the age of fourteen years, with intent to deprive any parent, guardian, or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong, and whosoever shall, with any such intent, receive or harbour any such child, knowing the same to have been, by force or fraud, led, taken, decoyed, enticed away, or detained, as in this section before mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years . . . F2 or to be imprisoned . . . F3. Provided, that no person who shall have claimed any right to the possession of such child, or shall be the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof.]
F1S. 56 repealed (E.W.) by Child Abduction Act 1984 (c. 37, SIF 39:4), s. 11(5)(a) and (N.I.) by S.I. 1985/1638 (N.I.17), art. 7(4)
F2Words repealed by Statute Law Revision Act 1892 (c. 19)
F3Words repealed by Statute Law Revision Act 1892 (c. 19) and Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable . . . F1 to be kept in penal servitude for any term not exceeding seven years . . . F2:
Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.
F1Words repealed by Statute Law Revision Act 1892 (c. 19)
F2Words repealed by Statute Law Revision Act 1892 (c. 19) and Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
C1Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
Every woman, being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, and whosoever, with intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, and being convicted thereof shall be liable . . . F1 to be kept in penal servitude for life . . . F2
F1Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
F2Words repealed by Statute Law Revision Act 1892 (c. 19) and Statute Law Revision (No. 2) Act 1893 (c. 54)
C1S. 58 explained by Abortion Act 1967 (c. 87), ss. 1, 5(2)
Whosoever shall unlawfully supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, shall be guilty of a misdemeanor, and being convicted thereof shall be liable . . . F1 to be kept in penal servitude . . . F1
F1Words repealed by Statute Law Revision Act 1892 (c. 19)
C1S. 59 explained by Abortion Act 1967 (c. 87), ss. 1, 5(2)
If any woman shall be delivered of a child, every person who shall, by any secret disposition of the dead body of the said child, whether such child died before, at, or after its birth, endeavour to conceal the birth thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . . . F1
F1Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1 (2) and s. 60 proviso repealed by Criminal Law Act 1967 (c. 58), Sch. 2 para. 13(1)(a), Sch. 13 Pt. III
C1Ss. 16, 20, 26, 27, 34, 36, 38, 47, 57, 60 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 1 para. 5
F1Ss. 52-55, 61-63 repealed (E.W.) by Sexual Offences Act 1956 (c. 69), Sch. 4 and ss. 61, 62 repealed in so far as unrepealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, Sch. 6 para. 4, Sch. 7; S.I. 2004/874 art. 2
Whosoever shall knowingly have in his possession, or make or manufacture, any gunpowder, explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies in this Act mentioned shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, . . . F2]
F1Ss. 64, 65, 68 repealed (insofar as it relates to offences mentioned in ss. 48–55) by S.I. 1980/704 (N.I. 6), Sch. 2
F2Words repealed by Criminal Justice Act 1948 (c. 58),Sch. 10 Pt. I
C1S. 64 amended by Criminal Law Act 1967 (c. 58), Sch. 2 para. 8
[F2Where] any such gunpowder, or other explosive, dangerous, or noxious substance or thing, or any such machine, engine, instrument or thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies in this Act mentioned, [F3a justice of the peace,] upon reasonable cause assigned upon oath by any person, may issue a warrant F4. . . for searching, F5. . . , any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, waggon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as herein-before mentioned; and every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, explosive, dangerous, or noxious substances, machines, engines, instruments, or things, found upon such search, which he shall have good cause to suspect to be intended to be used in committing any such offences, and the barrels, packages, cases and other receptacles in which the same shall be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a justice by the M1Act passed in the session holden in the twenty-third and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and thirty-nine, intituled, “An Act to amend the law concerning the making, keeping, and carriage of gunpowder and compositions of an explosive nature, and concerning the manufacture, sale, and use of fireworks.” ]
F1Ss. 64, 65, 68 repealed (insofar as it relates to offences mentioned in ss. 48–55) by S.I. 1980/704 (N.I. 6), Sch. 2
F2Words in s. 65 substituted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 42(a); S.I. 2005/910, art. 3
F3Words in s. 65 inserted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 42(b); S.I. 2005/910, art. 3
F4Words in s. 65 repealed (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1)(3), Sch. 8 para. 42(c), Sch. 10; S.I. 2005/910, art. 3
F5Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I and (N.I.) by Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), art. 90(2), Sch. 7 Pt. I
C1S. 65 amended by Criminal Law Act 1967 (c. 58), Sch. 2 para. 8
C2References to provisions of the Act 23 & 24 Vict. c. 139 to be construed as references to provisions of Explosives Act 1875 (c. 17): Explosives Act 1875 (c. 17), s. 86
E1This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only
M11860 c. 139.
Any justice of the peace of any county or place in which any such gunpowder, or other explosive, dangerous, or noxious substance or thing, or any such machine, engine, instrument or thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies in this Act mentioned, upon reasonable cause assigned upon oath by any person, may issue a warrant under his hand and seal for searching, F2. . . , any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, waggon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as herein-before mentioned; and every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, explosive, dangerous, or noxious substances, machines, engines, instruments, or things, found upon such search, which he shall have good cause to suspect to be intended to be used in committing any such offences, and the barrels, packages, cases and other receptacles in which the same shall be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a justice by the M1Act passed in the session holden in the twenty-third and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and thirty-nine, intituled, “An Act to amend the law concerning the making, keeping, and carriage of gunpowder and compositions of an explosive nature, and concerning the manufacture, sale, and use of fireworks.” ]
F1Ss. 64, 65, 68 repealed (insofar as it relates to offences mentioned in ss. 48–55) by S.I. 1980/704 (N.I. 6), Sch. 2
F2Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I and (N.I.) by Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), art. 90(2), Sch. 7 Pt. I
C1S. 65 amended by Criminal Law Act 1967 (c. 58), Sch. 2 para. 8
C2References to provisions of the Act 23 & 24 Vict. c. 139 to be construed as references to provisions of Explosives Act 1875 (c. 17): Explosives Act 1875 (c. 17), s. 86
E1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only
M11860 c. 139.
F1Ss. 66, 67 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
All indictable offences mentioned in this Act which shall be committed within the jurisdiction of the Admiralty of England or Ireland shall be . . . F2 liable to the same punishments, as if they had been committed upon the land in England or Ireland, . . . F2]
F1Ss. 64, 65, 68 repealed (insofar as it relates to offences mentioned in ss. 48–55) by S.I. 1980/704 (N.I. 6), Sch. 2
F2Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F1S. 70 repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
F1S. 71 repealed (in so far as relating to offences mentioned in ss. 48–55) by S.I. 1980/704 (N.I. 6), Sch. 2 and repealed (E.W.) by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
F1S. 72 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XIX
F1S. 73 repealed by National Assistance Act 1948 (c. 29), Sch. 7 Pt. III
F1Ss. 74, 75, 77 repealed by Costs in Criminal Cases Act 1908 (c. 15), Sch.
Every offence hereby made punishable on summary conviction may be prosecuted in England in the manner directed by the [F2M1Magistrates’ Courts Act 1952] and may be prosecuted in Ireland before [F3two or more justices of the peace, or] one metropolitan or stipendiary magistrate, in the manner directed by the M2Petty Sessions (Ireland) Act 1851, or in such other manner as may be directed by any Act that may be passed for like purposes; and all provisions contained in the said Acts shall be applicable to such prosecutions, in the same manner as if they were incorporated in this Act: Provided, that nothing in this Act contained shall in any manner alter or affect any enactment now in force relating to procedure in the case of any offence punishable on summary conviction within the City of London or the Metropolitan Police District, or the recovery or application of any penalty or forfeiture for any such offence.]
F1Ss. 39, 40, 76 repealed (E.W.) by Statute Law (Repeals) Act 1989 (c. 43, SIF 82), s. 1(1), Sch. 1 Pt. I
F2Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F3Words repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1976 (c. 12), Sch. Pt. I
M11952 c. 55.
M21851 c. 93.
Offences Against the Person Act 1861