Crime and Disorder Act 1998

Miscellaneous E+W+N.I.

34 Abolition of rebuttable presumption that a child is doli incapax. E+W

The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.

Commencement Information

I1 S. 34 wholly in force; S. 34 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

35 Effect of child’s silence at trial. E+W

In section 35 of the 1994 Act (effect of accused’s silence at trial), the following provisions shall cease to have effect, namely—

(a) in subsection (1), the words “who has attained the age of fourteen years”; and

(b) subsection (6).

Commencement Information

I2 S. 35 wholly in force; S. 35 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

36 Abolition of death penalty for treason and piracy. E+W+N.I.

(1) In section I of the M1 Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words “ be liable to imprisonment for life and to such ”.

(2) In the following enactments, namely—

(a) section II of the M2 Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);

(b) section XII of the M3 Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);

(c) section 3 of the M4 Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);

(d) section I of the M5 Treason Act (Ireland) 1703 (which makes corresponding provision),

for the words “suffer pains of death” there shall be substituted the words “ be liable to imprisonment for life ”.

(3) The following enactments shall cease to have effect, namely—

(a) the M6 Treason Act 1790;

(b) the M7 Treason Act 1795.

(4) In section 1 of the M8 Treason Act 1814 (form of sentence in case of high treason), for the words “such person shall be hanged by the neck until such person be dead”, there shall be substituted the words “ such person shall be liable to imprisonment for life ”.

(5) In section 2 of the M9 Piracy Act 1837 (punishment of piracy when murder is attempted), for the words “and being convicted thereof shall suffer death” there shall be substituted the words “ and being convicted thereof shall be liable to imprisonment for life ”.

(6) The following enactments shall cease to have effect, namely—

(a) the Sentence of M10 Death (Expectant Mothers) Act 1931; and

(b) sections 32 and 33 of the M11 Criminal Justice Act Northern Ireland) 1945 (which make corresponding provision).

Commencement Information

I3 S. 36 wholly in force; s. 36 not in force at Royal Assent, see s. 121; s. 36 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M1 1537 c.7.

M2 1542 c.1.

M3 1560 c.1.

M4 1702 c.21.

M5 1703 c. 5.

M6 1790 c.48.

M7 1795 c.7.

M8 1814 c.146.

M9 1837 c.88.

M10 1931 c.24.

M11 1945 c.15 (N.I.).