The Criminal Jurisdiction Act 1802 (42 Geo. 3. c. 85) was an Act of the Parliament of the United Kingdom.[2][3]
| Act of Parliament | |
 | |
| Long title | An Act for the trying and punishing in Great Britain Persons holding publick Employments, for Offences committed abroad; and for extending the Provisions of an Act passed in the Twenty-first Year of the Reign of King James made for the Ease of Justices and others in pleading in Suits brought against them, to all Persons, either in or out of this Kingdom, authorized to commit to safe Custody. |
|---|---|
| Citation | 42 Geo. 3. c. 85 |
| Territorial extent | Great Britain and Ireland |
| Dates | |
| Royal assent | 22 June 1802 |
Status: Partially repealed | |
| Text of the Criminal Jurisdiction Act 1802 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
In the wake of the attempted impeachment of Warren Hastings, it legislated for the Court of King's Bench to try and punish past, present and future offences by colonial officials and military officers as if they had been committed in Middlesex, Westminster or any county where the offender resided (Sections 1 and 6).[2] It also enabled that court to obtain evidence from governors, local courts and others in the area where the offence occurred by writ of mandamus (Section 2) and made other provisions for the gathering of that evidence (Sections 3–4) as well as applying the usual perjury laws (Section 5).[2]
The Act thus applied more widely the provisions of the Governors of Plantations Act 1698 and the East India Company Acts of 1772 and 1784[2] and was later extended to offences under the Official Secrets Act 1889. Part of Sections 2 to 6 of the Act were repealed as to the UK by Section 2 of Public Works Loans Act 1892, words from Section 1 by the Criminal Justice Act 1948 and Sections 2 to 6 in their entirety by the Statute Law Revision Act 1964 – there are no remaining outstanding effects from the Act.[2]
References edit
- ^ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
- ^ a b c d e A Collection Of Statutes Relating To India Vol.1. Office Of The Superintendent Of Government Printing, Calcutta. 1899.
- ^ "Legislation.gov entry".