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Crime and Disorder Act 1998
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- UK Public General Acts
- 1998 c. 37
- Part II
- Miscellaneous
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Crime and Disorder Act 1998, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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MiscellaneousE+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
35 Effect of child’s silence at trial.E+W
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 35 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3
36 Abolition of death penalty for treason and piracy.E+W+N.I.
(1)In section I of the M1Treason 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 M2Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);
(b)section XII of the M3Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);
(c)section 3 of the M4Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);
(d)section I of the M5Treason 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 ”.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In section 1 of the M6Treason 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 M7Piracy 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 ”.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 36(3)(6) repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3
Commencement Information
I2S. 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)
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