The Criminal Law Act 1826 (7 Geo. 4. c. 64) is an act of the Parliament of the United Kingdom that consolidated a large number of acts relating to criminal procedure.

The act is often considered one of Peel's Acts, which consolidated, repealed and replaced a large number of existing statutes. The act formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of depositions, the form of indictments, and the costs of prosecutions.

The act repealed for England and Wales enactments relating to the criminal law from 1275 to 1825. Similar provision was made for Ireland by the Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. c. 53).

Background In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 statutes, which was declared "very expedient to be done." However, this was never done.

On 16 March 1824, the Select Committee on the Criminal Law in England was appointed to consider the expediency of consolidating and amending the criminal law. The Select Committee reported on 2 April 1824, resolving to consolidate the criminal law under several heads and to bring in bills to do so.

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

Passage Leave to bring in the Criminal Justice Bill to the House of Commons was granted on 9 March 1826 to the home secretary, Sir Robert Peel , the attorney general John Singleton Copley and the solicitor general Sir Charles Wetherell . The bill had its first reading in the House of Commons on 23 March 1826, introduced by the home secretary, Sir Robert Peel . The bill had its second reading in the House of Commons immediately and was committed to a committee of the whole house, which met and reported immediately, with amendments. The report was further considered by the House of Commons on 17 April 1826 and was re-committed to a Committee of the Whole House, which met and reported on 21 April 1826, with amendments. The amended bill was further considered and agreed to by the House of Commons and had its second reading in the House of Commons on 25 April 1826. The amended bill had its third reading in the House of Commons on 28 April 1826.

The amended bill had its first reading in the House of Lords on 2 May 1826. The bill had its second reading in the House of Lords on 5 May 1826 and was committed to a committee of the whole house, which met on 9 May 1826 and reported on 17 May 1826, with amendments. The amended bill was considered and agreed to by the House of Lords on 17 May 1826. The amended bill had its third reading in the House of Lords on 18 May 1826, with amendments.

The amended bill was considered and agreed to by the House of Commons on 19 May 1826.

The bill was granted royal assent on 26 May 1826.

Provisions The act formerly dealt with the preliminary examination and committal of accused persons by justices, the taking of depositions, the form of indictments, and the costs of prosecutions.

Preamble The preamble of the act was repealed by the Statute Law Revision Act 1890.

Sections 1 to 27 Sections 2 and 3 of the act were repealed by section 34 of the Indictable Offences Act 1848.

Section 4 of the act was repealed by section 45 of, and schedule 3 to, the Coroners Act 1887.

Sections 9 to 11 of the act were repealed by section 1 of, the schedule to, 24 & 25 Vict c 95 (1861).

Sections 12 and 13 of the act were repealed by section 56(4) of, and part IV of schedule 11 to, the Courts Act 1971.

Sections 14 to 16 of the act were repealed by section 9 of, and schedule 2 to, the Indictments Act 1915.

Sections 18 and 19 of the act were repealed by section 9 of, and schedule 2 to, the Indictments Act 1915.

Section 21 of the act was repealed by section 56(4) of, and part I of schedule 11 to, the Courts Act 1971.

Sections 22 to 25 of the act were repealed by section 10 of, and the schedule to, the Costs in Criminal Cases Act 1908.

Section 26 of the act was repealed by section 4 of the Criminal Justice Administration Act 1851.

Section 27 of the act was repealed by section 10 of, and the schedule to, the Merchant Shipping (Expences) Act 1882.

Section 28

Courts may order compensation to those who have been active in the apprehension of certain offenders

Section 28 of the act originally read:

It now reads:

The words of enactment at the start were repealed by the Statute Law Revision (No. 2) Act 1890.

The words "the Crown Court" were substituted by section 56(1) of, and paragraph 2 of Schedule 8 to, the Courts Act 1971. This was consequential on the creation of the Crown Court and the abolition of its predecessors by that act.

The words "an arrestable offence" (which are not printed in the amended text above because they have been replaced) and the words "that offence" were substituted by section 10(1) of, and paragraph 3(1) of Schedule 2 to, the Criminal Law Act 1967. This was consequential on the creation of the classification arrestable offence by that Act. The words "an indictable offence" were substituted for the words "an arrestable offence" by section 111 of, and paragraph 39 of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act 2005. This was consequential on the abolition of the classification arrestable offence by that act.

In section 21, the words " or information ", in both places, and the words " felony or ", and in section 28, the words from " and where any person " to " herein-before mentioned ", were repealed for England and Wales by section 10(2) of, and part III of schedule 3 to, the Criminal Law Act 1967, which came into force on 1 January 1968.

The words after "and where any Person shall appear to any Court of Sessions of the Peace, to have been active in or towards the Apprehension of any Party charged with receiving Stolen Property knowing the same to have been stolen, such Court shall have Power to order Compensation to such Person in the same Manner as the other Courts herein-before mentioned" were repealed by sections 10(1) and (2) of, and paragraph 3(1) of Schedule 2 to, and Part III of Schedule 3 to, the Criminal Law Act 1967.

The proviso to this section was repealed by the Statute Law (Repeals) Act 1998.

"Sheriff"

Sheriffs appointed for a county or Greater London are now known as high sheriffs, and any reference in any enactment or instrument to a sheriff must be construed accordingly in relation to sheriffs for a county or Greater London.The Local Government Act 1972, section 219(1)

The following cases are relevant to this section: R v Barnes (1835) 7 C & P 166 R v Jones (1835) 7 C & P 167 R v Womersly (1836) 2 Lew CC 162 R v Haines (1850) 5 Cox CC 114 R v Dunning (1851) 17 LTOS 8, (1851) 5 Cox CC 142 R v Platt and Sines (1905) 69 JP 424

Section 29 Such orders to be paid by the Sheriff, who may obtain immediate repayment on application to the Treasury

The words of enactment at the start were repealed by the Statute Law Revision (No. 2) Act 1888.

The words "upon being paid for the same the sum of 25p and no more" in the second place were repealed on 19 November 1998 by section 1(1) of, and Group 2 of Part 1 of Schedule 1 to the Statute Law (Repeals) Act 1998.

The words before "Lord Chancellor" were repealed by the Statute Law Revision Act 1890.

The words "Lord Chancellor" were substituted by article 4(a) of the Transfer of Functions (Treasury and Lord Chancellor) Order 1976 (S.I. 1976/229)

"Sheriff"

Sheriffs appointed for a county or Greater London are now known as high sheriffs, and any reference in any enactment or instrument to a sheriff must be construed accordingly in relation to sheriffs for a county or Greater London.

Sections 30 to 32 Section 30 of the act was repealed by section 170 of, and paragraph 1 of schedule 15 to, and schedule 16 to, the Criminal Justice Act 1988.

Section 31 of the act was repealed by section 56(4) of, and part IV of schedule 11 to, the Courts Act 1971.

Subsequent developments In 1827, Peel's Acts were passed to modernise, consolidate and repeal provisions of the criminal law, 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 enactments 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, parallel bills for Ireland to Peel's Acts were introduced, becoming:

Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. 54), which repealed for Ireland over 140 enactments relating to the criminal law. Criminal Law (Ireland) Act 1828 (9 Geo. 4. 54), which modernised the administration of criminal justice. Larceny (Ireland) Act 1828 (9 Geo. 4. c. 55) which consolidated provisions in the law relating to larceny. Malicious Injuries to Property (Ireland) Act 1828 (9 Geo. 4. c. 56), 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 provisions in the law relating to offences against the person and repealed for England and Wales almost 60 related enactments. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 enactments relating to the Criminal law.

In 1828, the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) was passed, which repealed for India offences repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27) the Offences Against the Person Act 1828 (9 Geo. 4. c. 31).

In 1861, bills were introduced, drafted by Charles Sprengel Greaves to mirror Peel's Acts, to consolidate and modernise the criminal law across:

Offences Against the Person Malicious Injuries to Property Larceny Forgery Coining Accessories and Abettors

In 1861, the Criminal Consolidation Acts were passed for that purpose:

Accessories and Abettors Act 1861 (24 & 25 Vict. c. 94), which modernised provisions in the law relating to Aiding and abetting. Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95), which repealed for England and Wales and Ireland over 100 enactments relating to the criminal law. Larceny Act 1861 (24 & 25 Vict. c. 96), which modernised provisions in the law relating to larceny. Malicious Damage Act 1861 (24 & 25 Vict. c. 97), which modernised provisions in the law relating to malicious injury to property.