History of English criminal law

English law did not originally make a distinction between criminal and civil proceedings.

The first signs of the modern distinction between crimes and civil matters emerged during the Norman conquest of England in 1066.[1] The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation (except where the King wanted to raise money by selling a new form of Writ).

The development of the "State" dispensing justice in a court only emerged parallel to or after the emergence of the concept of sovereignty. It was only in the 18th century that European countries began operating police forces. From this point, criminal law had the mechanisms for enforcement, which allowed for its development as a credible and self-sufficient entity.

Common law offences

Main article: Common law offence

Abolished offences

See also criminal libel for general information about the common law libel offences listed above.

Offences held no longer to exist or never to have existed

Offences against the person

Fatal offences

Extant offences

Abolished offences

Sexual offences

Extant offences

Abolished offences

Offences against property

Main article: Property crime

Extant offences

Abolished offences

Firearms and offensive weapons

Forgery, personation and cheating

Abolished offences

See forgery:

See personation:

(Both repealed by the Commissioners for Revenue and Customs Act 2005)

See cheating:

Offences against the State or Crown or Government and political offences

Abolished offences

Offences against religion and public worship

Abolished offences

Offences against the administration of public justice

Abolished offences

Offences held no longer to exist or never to have existed

Public order offences

Main article: Public order offence

Abolished offences

Offences against public morals and public policy

Abolished offences

Protection of animals and the environment

See Cruelty to animals#United Kingdom and Environmental crime

Road traffic and motor vehicle offences

Participatory offences

Abolished offences

Classification of offences

Abolished classes

Defences

Abolished defences

Procedure

Abolished proceedings

See also

References

  1. ↑ see, Pennington, Kenneth (1993) The Prince and the Law, 1200–1600: Sovereignty and Rights in the Western Legal Tradition, University of California Press
  2. ↑ Abolished by the Offences against the Person Act 1828
  3. ↑ Abolished by section 11(1) of the Criminal Damage Act 1971
  4. 1 2 3 4 5 Abolished by section 32(1)(a) of the Theft Act 1968
  5. ↑ Abolished by section 13 of the Forgery and Counterfeiting Act 1981
  6. 1 2 Abolished by 73(a) of the Coroners and Justice Act 2009
  7. 1 2 Abolished by the Criminal Law Act 1967
  8. 1 2 3 4 Abolished by section 9(1) of the Public Order Act 1986
  9. ↑ Abolished by 73(b) of the Coroners and Justice Act 2009
  10. ↑ Abolished by 73(c) of the Coroners and Justice Act 2009
  11. 1 2 Abolished by section 79(1) of the Criminal Justice and Immigration Act 2008
  12. ↑ Abolished by section 59 of the Serious Crime Act 2007
  13. 1 2 3 4 5 6 7 Abolished by the Criminal Law Act 1967, section 13(1)(a)
  14. 1 2 Abolished by section 17(1)(a) of the Bribery Act 2010
  15. 1 2 Abolished by section 13(1) of the Criminal Law Act 1977
  16. ↑ Abolished by section 6(1) of the Criminal Attempts Act 1981
  17. ↑ Abolished by section 5 of the Criminal Law Act 1977
  18. ↑ The statutory provisions that created this offence were repealed by the Theft Act 1968: Griew, Edward. The Theft Acts 1968 and 1978. Fifth Edition. Sweet and Maxwell. 1986. Paragraph 2-01 at page 12.
  19. ↑ Repealed by paragraph 95 of Schedule 4 to, and Schedule 17 to, the Serious Organised Crime and Police Act 2005
  20. ↑ R v Newland [1954] 1 QB 158, 37 Cr App R 154, CCA: Held, no longer to exist, if it ever had
  21. ↑ DPP v Withers [1975] AC 842, HL: Held not to be an offence known to law
  22. ↑ Repealed by section 17(3) of, and Schedule 2 to, the Bribery Act 2010
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