Death penalty in Britain

[Denithar]

This is an open debate, anyone can post. Shmuggles, if you would start us off please.

[Erik]

Err Den, I really hate to do this but the death penalty was formally fully abolished in the UK in 1999 by the then Home Secretary, Jack Straw. He also put in place procedures which would never allow its re-introduction. I guess this makes the debate rather redundant really. Although until 1998 the death penalty was still utilised but only regarding the capital offence of Treason, therefore making it's occurence, to say the least, extraordinarily rare.

[Denithar]

This debate was requested by Shmuggles, I know absolutely nothing about British law. Perhaps he can clarify what he meant.

[johnsapphire]

And there really hasn't been High Treason (treason against the monarch) for a few centuries. I move to close this thread and have Schmuggs PM Denithar about this error.

[Deleted]

The death penalty does still exist for high treason in Britain. It does not for any crime other than treason and will not be brought back as a form of capital punishment.

The question is

Should Britain, as the UN requests, do away completely with the death penalty as a "civilised" country ought to?

[johnsapphire]

Yes.

[Spinner]

irregardless of whether a death penalty would ever occur in the future.. I think it's just wrong to allow it. It's the principle of the thing... they're simply saying that they'd be willing to kill for the right reason... (which is treason...)

[johnsapphire]

Irregardless. Great word.

ir•re•gard•less, a. and adv. In non-standard or humorous use: regardless. (i.e. 1939 C. MORLEY Kitty Foyle xxvii. 267 But she can take things in her stride, irregardless what's happened.)

[Deleted]

so even if i was to go and attempt to lop of the queen's head, i should be allowed to live?

question 2

If I work for the IRA and are viewed a "threat", does authorsing the SAS to kill me, when i could as easily be arrested, constitute as a death penalty sentence? Is this alright?

[Erik]

Frankly, I'm not too sure whether the death penalty should exist for high treason or not. It does, of course, imply that the sovereign is more important than any other individual yet the act of high treason does not always constitute the plotting of the murder of a Monarch:

Treason Act 1351:
encompassing the Sovereign's death;
killing or conspiring or attempting to kill the Sovereign's wife or eldest son;
violating the Sovereign's wife, or the Sovereign's eldest unmarried daughter, or the Sovereign's eldest son's wife;
levying war against the Sovereign in the United Kingdom;
adhering to the Sovereign's enemies, giving them aid and comfort, in the realm or elsewhere;
killing the King's Chancellor, Treasurer (an office long in commission) or Justices

Treason Act 1702:
attempting to hinder the succession under the Bill of Rights 1689 and the Act of Settlement 1701.

Should all these 'crimes' be punishable in the same manner? I'm not so sure. (I also find it rather amusing that treason only constitutes trying to murder the eldest son of the Monarch.)

Anyway, laying aside all of such information, from what I can see the punishment of death has indeed been ammended to life imprisonment under the Crime and Disorder Act 1998.

36. - (1) In section I of the 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 Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);
(b) section XII of the Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);
(c) section 3 of the Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);
(d) section I of the 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 Treason Act 1790;
(b) the Treason Act 1795.
(4) In section 1 of the 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 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 Death (Expectant Mothers) Act 1931; and
(b) sections 32 and 33 of the Criminal Justice Act Northern Ireland) 1945 (which make corresponding provision).

I don't know if this should be taken into account in the Debate, just thought I better bring it up.

[johnsapphire]

Excellent points, Erik.

[Erik]

Why thankyou John. ;D

[johnsapphire]

You're quite welcome, Erik.

[Deleted]

excellent points. and seeing as the 3 of us agree that the death penalty should be abolished and there is no opposition, i declare this debate over

[johnsapphire]

Seconded.