Malicious Shooting or Stabbing Act 1803

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Malicious Shooting or Stabbing Act 1803
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act for the further Prevention of malicious shooting, and attempting to discharge loaded Fire-Arms, stabbing, cutting, wounding, poisoning, and the malicious using of Means to procure the Miscarriage of Women; and also the malicious setting Fire to Buildings; and also for repealing a certain Act, made in England in the twenty-first Year of the late King James the First, intituled, An Act to prevent the destroying and murthering of Bastard Children;[a] and also an Act made in Ireland in the sixth Year of the Reign of the late Queen Anne, also intituled, An Act to prevent the destroying and murthering of Bastard Children;[b] and for making other Provisions in lieu thereof.
Citation43 Geo. 3. c. 58
Territorial extent United Kingdom
Dates
Royal assent24 June 1803
Commencement1 July 1803[c]
Repealed
Other legislation
Repeals/revokes
Amended by
Repealed by
Relates to
Status: Repealed
Text of statute as originally enacted

43 Geo. 3. c. 58, commonly called Lord Ellenborough's Act[1] and sometimes referred to as the Malicious Shooting Act 1803[2] or the Malicious Shooting or Stabbing Act 1803,[3] is an act of the Parliament of the United Kingdom.

The bill was proposed by the Lord Chief Justice of England and Wales, Edward Law, 1st Baron Ellenborough. Lord Ellenborough wished to clarify the law relating to abortion, which, at the time, was not clearly defined in the common law. The bill was introduced in the House of Lords in March 1803 as the Malicious Shootings Bill and also included provisions for clarifying certain other offences. After various amendments it was passed to the House of Commons on 18 May.

The act provided that it was an offence for any person to perform or cause an abortion. The punishment for performing or attempting to perform a post quickening abortion was the death penalty (section 1) and otherwise was transportation for fourteen years (section 2).

Similar provision was made for Scotland by the Malicious Wounding, etc. (Scotland) Act 1825 (6 Geo. 4. c. 126, An Act to make provision in Scotland for the further prevention of malicious shooting and attempting to discharge loaded firearms, stabbing, cutting, wounding, poisoning, maiming, disfiguring, and disabling His Majesty's subjects).

Subsequent developments

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The whole act was repealed for England and Wales by section 1 of the Offences Against the Person Act 1828 (9 Geo. 4. c. 31), for India by section 125 of the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) and for Ireland by section 1 of the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34).

See also

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Notes

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  1. ^ 21 Jas. 1. c. 27
  2. ^ 6 Ann. c. 4 (Ir.)
  3. ^ Section 1.

References

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  • Keown, John (1988). Abortion, Doctors and the Law. Cambridge University Press. pp. 12–21. ISBN 978-0-521-89413-5. Retrieved 17 February 2008.
  1. ^ Greaves, C. S. (editor). A Treatise on Crimes and Misdemeanors. Eighth American Edition. T & JW Johnson. Philadelphia. 1857. Volume 1. Page 720.
  2. ^ Glanville Williams. Textbook of Criminal Law. First Edition. Stevens & Sons. London. 1978. Page xxxv. Google Books.
  3. ^ Smith and Hogan. Criminal Law. Eighth Edition. Butterworths. 1996. Page xxii. Google Books.
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Text of Lord Ellenborough's Act in Wikisource.