Malicious Shooting or Stabbing Act 1803
| Act of Parliament | |
 | |
| Long title | An 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. |
|---|---|
| Citation | 43 Geo. 3.c. 58 |
| Dates | |
| Royal assent | 24 June 1803 |
| Repealed | 1 July 1828 (England) |
| Other legislation | |
| Repeals/revokes |
|
| Repealed by | Offences Against the Person Act 1828 |
Status: Repealed | |
43 Geo. 3.c. 58, commonly calledLord Ellenborough's Act[1]and sometimes referred to as theMalicious Shooting Act 1803[2]or theMalicious Shooting or Stabbing Act 1803,[3]is anActof theParliamentof theUnited Kingdom of Great Britain and Ireland.
TheBillwas proposed by theLord Chief Justice of England and Wales,Edward Law, 1st Baron Ellenborough.Lord Ellenborough wished to clarify the law relating toabortion,which, at the time, was not clearly defined in thecommon law.The bill was introduced in theHouse of Lordsin March 1803 as the Malicious Shootings Bill and also included provisions for clarifying certain other offences. After various amendments it was passed to theHouse of Commonson 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 postquickeningabortion was thedeath penalty(section 1) and otherwise wastransportationfor fourteen years (section 2).
Similar provision was made for Scotland by theMalicious 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).
The Act was repealed by section 1 of theOffences Against the Person Act 1828.
See also
[edit]Notes
[edit]References
[edit]- Keown, John (1988).Abortion, Doctors and the Law.Cambridge University Press. pp. 12–21.ISBN978-0-521-89413-5.Retrieved17 February2008.
- ^Greaves, C. S. (editor).A Treatise on Crimes and Misdemeanors.Eighth American Edition. T & JW Johnson. Philadelphia. 1857. Volume 1.Page 720.
- ^Glanville Williams.Textbook of Criminal Law. First Edition. Stevens & Sons. London. 1978. Page xxxv.Google Books.
- ^Smith and Hogan. Criminal Law. Eighth Edition. Butterworths. 1996. Page xxii.Google Books.
External links
[edit]Text ofLord Ellenborough's Actin Wikisource.
