Throughout British history, there have been many barbaric and senseless laws. Going back several hunded years, the condemned were treated appallingly and often excecuted for the crime of 'trying to survive starvation'. At peak, there were 222 capital offences. I will go through the journey of history.
I will start at the 6th century AD, there had just been an invention... It was hanging. This was worked out as a way to excecute criminals by hanging them until dead.
Skipping straight to 1066 may seem like a big jump, but it must be done. This is because before William the Conqueror became King, the law was different in different places. For example in Dover criminals were thrown off a cliff, this would not be possible in many other places.
When William took over, he established many laws. For example, if a Frenchman is killed, the murderer must be caught within 5 days otherwise the city would be fined 46 blocks of silver. William also tried to maintain peace and prohibited any God other than the Christian one being worshiped. Another thing the first Norman King did is remove the death penalty. The law was changed so that in the worst cases criminals would be blinded and castrated. The law reads 'No one will be excecuted for any crime but those convicted of a crime shall be blinded and castrated.' |
William the conqueror died aged 59 in 1087, leaving the throne to be taken by his son William Rufus (William II)
During William Rufus' reign, which spanned from 1087-1100, the death penalty was reinstated.
During William Rufus' reign, which spanned from 1087-1100, the death penalty was reinstated.
In 1351 an act was passed creating a new offence called treason. There were two types of treason; high treason and petty treason. High treason included offences of attempting to kill/kill the monarch or the monarch's heir. Those convicted of such an offence were liable to some of the most barbaric punishments ever given in British history. Men would be hanged, drawn and quatered, whereas women would be burned at stake.
|
Many people would assume that the law was harshest during the reign of Henry VIII. However, this is simply untrue. There were 11 capital offences at the start of his reign: High treason, including counterfeiting coin, petty treason, murder, rape, piracy, arson of a dwelling house or barn with corn in it, highway robbery, embezzling ones master’s goods, horse theft, robbing churches and robbing a person in a dwelling house.
In 1542 witchcraft became a felony, as a felony the punishment was hanging. This is one of the most stupid laws ever passed in British history, as it meant people with crooked noses and black cats were condemned to die.
|
Many people assume that the further back in history you go, the more capital crimes there were. This is simply not the case. For example in 1671, The Coventry Act made it a capital crime to lie in wait with intent to put out an eye, disable the tongue or slit the nose. It came into being after Sir John Coventry had been attacked in Covent Garden and had his nose slit.
Towards the end of the 17th century, cities were expanding and there were many desperate poor people. These lower classes were stealing from shops to prevent themselves from starving. However, parliament did not help the poor, instead they made it a capital crime to steal more than 5 shillings (25p) from any shop.
During the early 18th century, there were around 30 capital crimes. It seems an awful lot of crimes to be excecuted for. But it was rising dramatically.
In 1723, the Waltham Black act installed the punishment of hanging to many minor offences. Such as, damaging forests/parks, this act also made poaching a capital offence. This act and many following acts increased the amount of capital offences to around 150. Many of those crimes are things people just do nowadays and are not illegal. These include; going out with a blackened face, being in the company of gypsies for a month, stealing from a rabbit warren and begging without a license.
In 1723, the Waltham Black act installed the punishment of hanging to many minor offences. Such as, damaging forests/parks, this act also made poaching a capital offence. This act and many following acts increased the amount of capital offences to around 150. Many of those crimes are things people just do nowadays and are not illegal. These include; going out with a blackened face, being in the company of gypsies for a month, stealing from a rabbit warren and begging without a license.
The law in this age was outrageous! You would get the same punishment for 1000 murders as you would for wearing a disguise! This was out of proportion and unacceptable. To deal with this issue, an act was passed in 1751 to give murderers a rather worse punishment than just hanging. When this law came into force in 1752, all murderers were to be locked in chains for 48 hours and given only bread and water. They would then be excecuted and dissected by the local surgeon.
In 1790 the treason act prohibited women from being burned at stake for treason, the punishment was replaced by hanging . This was a step in the right direction. Harshly, men could still be hanged, drawn and quatered.
In 1802 there were 221 capital offences, this increased by one the following year when attempted murder changed from a misdemeanour to a felony. This was the peak amount 222 capital crimes!
|
In the 18th century, if you wanted a reprieve you could claim benefit of the clergy. You would have to take a literacy test and if you passed then your sentence would be commuted to transportation to America or Australia.
From 1804 if you were convicted of a first time offence other than treason, murder or a serious crime, you would likely be reprieved. In 1808 pick pocketing changed from a felony to a misdemeanour. This was the first step towards abolishing the bloody code. There were now 221 capital crimes.
In 1810 capital punishment was removed for petty theft. You would now have to steal £10 or more to be excecuted. Originally, if you stole 12 shillings or more then you would be hanged. However, hanging was still mandatory for burglary and robbery even if less is stolen.
|
On 11th May 1812 Prime Minister Spencer Percival was shot dead. He had been assassinated by John Bellingham. Bellingham was taken to Newgate Prison and convicted of murder on 15th May 1812. He was sentenced to death. However, this was very controversial as there was strong evidence that Bellingham was insane. Manslaughter was not a capital offence, so if he was found to be insane he would have been sent to a mental hospital.
His trial was unfair because he only had four days between the murder and the trial. John Bellingham wanted the case to adjourn so that he could get witnesses to prove that he was insane and didn't know that killing was wrong. However, his wish was rejected.
He was hanged on 18th May 1812 then bisected by the surgeon.
His trial was unfair because he only had four days between the murder and the trial. John Bellingham wanted the case to adjourn so that he could get witnesses to prove that he was insane and didn't know that killing was wrong. However, his wish was rejected.
He was hanged on 18th May 1812 then bisected by the surgeon.
In 1814 the barbaric punishment of being hanged, drawn and quatered was outlawed. Instead, men would just be hanged and would have their head removed once dead.
Later that same year a boy named William Potter was excecuted for cutting down an orchard. He was younger than fourteen at the time. The judge who sentenced him assured Potter that he would be reprieved. Shockingly he wasn't! This lead to the Waltham Black act being repealed and cutting plants down was no longer a capital offence. |
In 1820 the law was changed so that men convicted of treason would no longer have their heads removed after death.
Fifty two fortnighs later, in 1822, the death penalty was last carried out for shoplifting.
The following year, in 1823, an act was passed that a significantly reduced the number of people sentenced to death. Death sentences became discretionary for all crimes other than high treason and murder. The acts of this year and the following five years also abolished the death penalty for petty treason and several other offences.
From 1832 onwards murders were no longer hanged in chains or bisected. There were still around 60 capital crimes. When Sir Robert Peel took office he removed excecution from the statute book for; shoplifting, stealing cattle and theft of sheep or horses. Later in 1832, the death penalty was abolished for all theft.
In the years of 1834 and 1835 capital punishment was removed for sacrilege, letter stealing and returning from transportation.
The years 1836 and 1837 saw major reductions in crimes that could result in excecution. The death penalty was removed for; forgery, coining, cutting and maiming, arson, burglary and theft form a dwelling house. There were now only 16 capital crimes, a reasonably figure considering that 30 years before there were 222 capital crimes! The law was changed for people sentenced to death in 1837 so that they would live around a month between conviction and excecution. Later in 1837 capital punishment was instated for piracy with intent to kill, this was the last capital offence added to the statute book.
Within the next few years Sir Robert Peel had abolished the death penalty for pretty much every offence. Hanging for rape was abolished in 1841.
Within the next few years Sir Robert Peel had abolished the death penalty for pretty much every offence. Hanging for rape was abolished in 1841.
1843 was a busy year in the United Kingdom, the M'naughton rules were written, allowing manslaughter under the grounds of diminished responsibility. Charles Dickins wrote A Christmas Carol and prison rules changed meaning that men, women and children would be held in separate facilities. Also, due to prisoners falling ill, minimum food standards were introduced.
By 1860 the number of capital offences had been reduced to just six. The following year the sentencing guidelines were changed for attempted murder, the maximum sentence was and still is life imprisonment. The 1861 offences against the person act also created many different types of assault; common assault, causing actual bodily harm, causing grevious bodily harm and wounding with intent. This act of Parliament also outlawed hitting children with a belt, unfortunately this law was frequently broken for the following century. The capital offences remaining were; murder (mandatory), arson in Royal dockyards (discretionary), espionage (discretionary), piracy (discretionary) and high treason (mandatory).
Sir Robert Peel's government had done a lot to make Britain a more humane society, but now the public were beginning to question whether the government had a right to excecute people for any crime. Because of this, in 1868 parliament decided to outlaw public excecution and from then on all hangings were done within the prison walls.
On 2nd January 1889 Charles Dobel became the last minor to be excecuted for any crime, he was hanged along with his eighteen year old companion William Gower for the murder of C. Lawrence. Dobel was seventeen at the time.
In 1907, following the wrongful imrpsionment of Adolf Beck, The English Criminal Court Of Appeal was founded, the judge and jury no longer made the final decision.
The following year the children's act 1908 was passed, banning death sentences for individuals under the age of sixteen. This change of law was an extroardinary step towards protection of children. This act prohibited those aged under sixteen from smoking and also made sure all child carers were registered.
In 1907, following the wrongful imrpsionment of Adolf Beck, The English Criminal Court Of Appeal was founded, the judge and jury no longer made the final decision.
The following year the children's act 1908 was passed, banning death sentences for individuals under the age of sixteen. This change of law was an extroardinary step towards protection of children. This act prohibited those aged under sixteen from smoking and also made sure all child carers were registered.
In 1922 the killing of a newborn baby by it's mother was no longer classified as murder and the death penalty was removed. Nine years later, in 1931, the death penalty was removed for expectant mothers after giving birth.
The following year, sixteen year old Harold Wilkins was sentenced to death for murder. Luckily, he was reprieved. This lead to an act of Parliament being passed in 1933 banning the execution of under eighteens.
In 1946 William Joyce (Lord Haw Haw) became the last person ever excecuted for high treason. However, high treason was still on the statute book for excecution.
The year 1948 was revolutionary in the United Kindom, most people in Britain know that 1948 was the year that the National Health Service was founded. However, less people know that in 1948 the labour government attempted to get a bill through parliament. This bill would suspend the use of capital punishment for a five year trial period, if successful, the bill would be made permenant. The House of Commons voted in favour of this experiment, unfortunately the Lords voted against it.
|
In 1952 an innocent man named Derrick Bentley was hanged for a murder that he didn't commit. Bentley was eighteen and his accomplice Christopher Craig was sixteen. Together, they were burgling a store. Police came to arrest them but Craig pulled out a gun. The police told him to give them the weapon. Bentley shouted "let him have it" and Craig opened fire, killing an officer.
They were both convicted of murder, Bentley was sentenced to death and Craig was sentenced of life in prison, he was released after ten years. It has since been ruled that Bentley said "let him have it" because he wanted Craig to hand the gun over to the officers.
They were both convicted of murder, Bentley was sentenced to death and Craig was sentenced of life in prison, he was released after ten years. It has since been ruled that Bentley said "let him have it" because he wanted Craig to hand the gun over to the officers.
In 1955 the last excecution of a female took place.
Due to enormous pressure to abolish the death penalty, the Tory government passed the homicide act in 1957, this separated capital and non-capital murder. The offences that were classed as capital murder were; Murder committed in the course or furtherance of theft. Murder by shooting or explosion. Murder whilst resisting arrest or during an escape. Murder of a police or prison officer. Two murders committed on different occasions. Many people considered this act as unfair because some serious murders were not punishable by death, whereas more minor murders were. |
..In 1964 a private members bill was submitted to parliament. It suggested that capital punishment should be removed for murder for an experimental period of 5 years. Parliament twice voted in favour of this act, once in 1965 to make it come into force and once in 1969 to make it permanent. There is now a mandatory life sentence for all murderers.
One thing that was very odd about this period is that you could not be hanged for murder, but you could still be excecuted for four other offences.
In 1971 arson in Royal dockyards ceased to be a capital offence. It was now dealt with by the criminal damage act 1971.
In 1981 capital punishment was removed for espionage. The maximum sentence was changed to life imprisonment.
In 1998 piracy with intent to kill was removed from the capital punishment statute book. The same act also removed the death penalty for high treason. The maximum sentence for both crimes is a life sentence of imprisonment.
One thing that was very odd about this period is that you could not be hanged for murder, but you could still be excecuted for four other offences.
In 1971 arson in Royal dockyards ceased to be a capital offence. It was now dealt with by the criminal damage act 1971.
In 1981 capital punishment was removed for espionage. The maximum sentence was changed to life imprisonment.
In 1998 piracy with intent to kill was removed from the capital punishment statute book. The same act also removed the death penalty for high treason. The maximum sentence for both crimes is a life sentence of imprisonment.
In 1999 Britain signed the 8th protocol of the European human rights law meaning that while we are in the EU we can never re-instate the death penalty. Unfortunately, once we have left the Europian Union, parliament can re-instate capital punishment if they wish.