The Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34), also known as the Offences Against the Person Act (Ireland) 1829, was an act of the Parliament of the United Kingdom that consolidated for Ireland enactments related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier piecemeal statutes into a single act.
The act included repeals mirroring for Ireland the Offences Against the Person Act 1828 (9 Geo. 4 c. 31), 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Background In the United Kingdom, acts of Parliament remain in force until expressly repealed.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 statutes, 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 c. 27), which repealed for England and Wales over 140 enactments relating to the criminal law Criminal Law Act 1827 (7 & 8 Geo. 4.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) 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 Leave to bring in the Offences against the Person Bill to the House of Commons was granted on 4 May 1829 to the Chief Secretary for Ireland, Lord Francis Leveson Gower and Sir George Hill . The bill had its first reading in the House of Commons on 7 May 1829. The bill had its second reading in the House of Commons on 11 May 1829 and was committed to a committee of the whole house, which met and reported on 18 May 1829, with amendments. The amended bill was considered and agreed to by the House of Commons on 23 May 1829. The amended bill had its third reading in the House of Commons on 25 May 1829 and passed, without amendments.
The bill had its first reading in the House of Lords on 30 May 1829. The bill had its second reading in the House of Lords on 1 June 1829, introduced by Anthony Ashley-Cooper, 7th Earl of Shaftesbury, and was committed to a committee of the whole house, which met and reported on 2 June 1829, without amendments. The bill had its third reading in the House of Lords on 3 June 1829 and passed, without amendments.
The bill was granted royal assent on 4 June 1829.
Subsequent developments The territorial extent of the act was limited to Ireland. All enactments listed in the act were repealed for India by section 125 of the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74).
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 the Statute Law Revision Act 1861 (24 & 25 Vict. c. 101).
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law. The commission made four reports. Recommendations made by the commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).
On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.
In 1861, bills were introduced to consolidate and modernise the criminal law, drafted by Charles Sprengel Greaves across:
Offences Against the Person Malicious Injuries to Property Larceny Forgery Coining Accessories and Abettors
In 1861, the Criminal Law Consolidation Acts were passed:
Accessories and Abettors Act 1861 (24 & 25 Vict. c. 94) Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95) Larceny Act 1861 (24 & 25 Vict. c. 96) Malicious Damage Act 1861 (24 & 25 Vict. c. 97) Forgery Act 1861 (24 & 25 Vict. c. 98) Coinage Offences Act 1861 (24 & 25 Vict. c. 99) Offences Against the Person Act 1861 (24 & 25 Vict. c. 100)
Repeal So much of the act as related to the jurisdiction of Justices of the Peace as to summary convictions was repealed by section 60 of the Summary Jurisdiction (Ireland) Act 1850 (13 & 14 Vict. c. 102), which came into force on 1 October 1850.
The whole act was repealed by section 1 of, and the schedule to, the Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95), which came into force on 1 November 1861. It was wholly replaced by the Offences Against the Person Act 1861 (24 & 25 Vict. c. 100).
Repealed enactments Section 1 of the act repealed 50 enactments listed in that section. The territorial extent of the repeal, to take effect on 2 September 1829, was limited to Ireland and the Admiralty of England. Section 1 of the act also stated that for offences and other matters committed or done on or before 1 September 1829, 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 1 September 1828.
+Parliament of EnglandCitationShort titleDescriptionExtent of Repeal9 Hen. 3. c. 26Criminal writsGreat Charter made in the Ninth Year of the Reign of King Henry the Third.As relates to Inquisitions of Life or Member.52 Hen. 3. c. 25MurderA Statute made in the Fifty-second Year of the same Reign.As relates to murder.3 Edw. 1. c. 11Inquests of murderA Statute made in the Third Year of the Reign of King Edward the First.As relates to Inquests of Murder and the Writ of Odio et Atiâ.3 Edw. 1. c. 13RapeA Statute made in the Third Year of the Reign of King Edward the First.As relates to ravishing or taking away by Force any Female as therein mentioned.4 Ed. 1. st. 3. c. 5N/AA Statute made in the Fourth Year of the same Reign, intituled The Statute of Bigamy.As relates to Bigamists.6 Edw. 1. c. 9HomicideA Statute made in the Sixth Year of the same Reign.As relates to any Person killing another by Misfortune or in his own Defence, or in other Manner without Felony.Writs of trespass, etc.A Statute made at Westminster in the Thirteenth Year of the same Reign.As relates to the Writ of Odio et Atia.13 Ed. 1. st. 1 c. 34Forfeiture of Dower, etc. Act 1285A Statute made at Westminster in the Thirteenth Year of the same Reign.As relates to Rape.9 Ed. 2. st. 1. c. 3ProhibitionA Statute made in the Ninth Year of the Reign of King Edward the Second, commonly called Articuli Cleri.As relates to laying violent Hands on a Clerk.18 Ed. 3. st. 3. c. 2BigamyA Statute made in the Eighteenth Year of the Reign of King Edward the Third.As relates to Bigamists.25 Ed. 3. st. 5 c. 2N/AA Statute made in the Twenty-fifth Year of the same Reign.As relates to Petit Treason.50 Edw. 3. c. 5Arrest of clergyA Statute made in the Fiftieth Year of the same Reign.As relates to the Arrest of Persons of Holy Church.1 Ric. 2. c. 15Arrest of clergyA Statute made in the First Year of the Reign of King Richard the Second.As relates to the like Arrests.6 Ric. 2. st. 1. c. 6RapeA Statute made in the Sixth Year of the same Reign.As relates to Ravishers, and to Women ravished.5 Hen. 4. c. 5MaimingA Statute made in the Fifth Year of the Reign of King Henry the Fourth.As relates to cutting the Tongues or putting out the Eyes of any the King's Liege People.5 Hen. 4. c. 6Assaulting Servants of Knights of ParliamentA Statute made in the Fifth Year of the Reign of King Henry the Fourth.As relates to any Assault upon the Servant of a Knight of the Shire in Parliament.2 H. 5. st. 1. c. 9Murder, etc.A Statute made in the Second Year of the Reign of King Henry the Fifth.As relates to Persons fleeing for Murders, Manslaughters, Robberies, and Batteries.11 Hen. 6. c. 11Parliament Act 1433A Statute made in the Eleventh Year of the Reign of King Henry the Sixth.As relates to any Assault or Affray made to any Lord, Knight of the Shire, Citizen, or Burgess being and attending at the Parliament or other Council of the King.3 Hen. 7. c. 2Abduction of Women Act 1487An Act passed in the Third Year of the Reign of King Henry the Seventh, intituled An Act against taking away of Women against their Wills.The whole act.3 Hen. 7. c. 14King's Household Act 1487An Act passed in the same Year, intituled An Act that the Steward, Treasurer, and Controller of the King's House, shall enquire of Offences done within the same.The whole act.
+Parliament of IrelandCitationShort titleDescriptionExtent of repeal28 Hen. 6. c. 3 (I)N/AAn Act passed in the Twenty-eighth Year of the Reign of King Henry the Sixth, intituled An Act that it shall be lawful to every liege Man to kill or take notorious Thieves, and Thieves found robbing, spoiling, or breaking Houses, or taken with the Manner.The whole act.8 Edw. 4. c. 1 (I)N/AAn Act passed in the Eighth Year of the Reign of King Edward the Fourth, intituled An Act concerning Rape.The whole act.10 Hen. 7. c. 11 (I)N/AAn Act passed in the Tenth Year of the Reign of King Henry the Seventh, intituled An Act that no Person take any Money or Amends for the Death or Murder of his Friend or Kinsman other than the King's Laws will.As relates to the Payment of any Assault or Amends.