The Criminal Code 1872

c i e
AT 1 of 1872

THE CRIMINAL CODE 1872

The Criminal Code 1872 Index


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c i e
THE CRIMINAL CODE 1872

Index Section Page

1 [Repealed] ...................................................................................................................... 11
TREASON 11

2 Compassing death of Sovereign, etc .......................................................................... 11
3 Violating female heir to Crown .................................................................................. 12
4 Levying war or adhering to the King or Queen’s enemies ..................................... 12
5 Slaying Governor, etc ................................................................................................... 12
6 Overt act expressly laid ................................................................................................ 12
7 Punishment of treason ................................................................................................. 12
TREASON-FELONY, AND OFFENCES AGAINST THE QUEEN’S

PERSON OR GOVERNMENT 12

8 Devising treason ........................................................................................................... 12
9 Limitation of prosecutions under preceding section ............................................... 13
10 [Repealed] ...................................................................................................................... 13
11 Inciting to mutiny ......................................................................................................... 13
12 Discharging or aiming firearms, etc, at Sovereign ................................................... 13
13 Acts tending to bring Sovereign or Government into contempt ........................... 14
14 Provisions as to treason not affected by ss 8, 11, 12 and 13 .................................... 14
15 Persons not to be acquitted if the offence amount to treason ................................. 14
TRAINING AND DRILLING 15

16 Meetings for illegal training or drilling ..................................................................... 15
17 Persons assembled may be dispersed ........................................................................ 15
OFFENCES AGAINST THE PERSON 15

Homicide 15

18 Murder ........................................................................................................................... 15
19 Conspiring or soliciting to commit murder .............................................................. 16
20 Manslaughter ................................................................................................................ 16
21 Constructive malice ...................................................................................................... 16
Index The Criminal Code 1872


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21A Provocation ................................................................................................................... 16
21B Suicide pacts .................................................................................................................. 17
22 Excusable homicide ...................................................................................................... 17
22A Diminished responsibility ........................................................................................... 17
Attempts to murder 18

23 Administering poison, or wounding with intent to murder.................................. 18
24 Destroying or damaging a building with explosive with intent to murder ........ 18
25 Firing or casting away a ship with intent to murder .............................................. 18
26 Attempting to poison, shoot, or drown, etc, with intent to murder ..................... 18
27 Otherwise attempting to murder ............................................................................... 18
28 Punishment ................................................................................................................... 18
29 and 30 [Repealed] ......................................................................................................... 19
Letters threatening to murder 19

31 Threats to kill or cause serious injury ........................................................................ 19
Acts causing or tending to cause danger to life or bodily harm 19

32 Impeding a person endeavouring to save himself from shipwreck ..................... 19
33 Shooting or wounding with intent to do grievous bodily harm ........................... 19
34 What shall constitute loaded arms ............................................................................. 19
35 Inflicting bodily injury, with or without weapon .................................................... 19
36 Attempting to choke, etc, in order to commit any indictable offence ................... 20
37 Using chloroform, etc to commit any indictable offence ........................................ 20
38 Maliciously administering poison, etc, so as to endanger life, or inflict
grievous bodily harm ................................................................................................... 20
39 Maliciously administering poison, etc, with intent to injure, aggrieve or
annoy any other person ............................................................................................... 20
40 Jury may find person charged with felony, guilty of misdemeanour .................. 20
41 Neglecting to provide wife, children, apprentices or servants with food,
etc, whereby life is endangered .................................................................................. 21
42 Exposing children whereby life is endangered ........................................................ 21
43 Causing bodily injury by explosive ........................................................................... 21
44 Causing gunpowder to explode, or sending explosive, or throwing
corrosive fluid, with intent to do grievous bodily harm ........................................ 21
45 Placing explosive near a building with intent to do bodily injury ........................ 22
46 Setting spring guns, etc, with intent to inflict grievous bodily harm ................... 22
47 Doing or omitting anything to endanger passengers by railway .......................... 22
48 [Repealed] ...................................................................................................................... 23
Assaults 23

49 Obstructing or assaulting a clergyman or other minister in the discharge
of his duties ................................................................................................................... 23
50 Assaulting a magistrate, etc, on account of his preserving wreck ........................ 23
51 Assault with intent to commit felony, or on peace officers, etc ............................. 23
52 Assaulting coroner, etc when in the discharge of his duty .................................... 23
53 and 54 [Repealed] ......................................................................................................... 24
55 Assaults arising from combination ............................................................................ 24
56 to 58 [Repealed] ............................................................................................................ 24
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59 Aggravated assaults ..................................................................................................... 24
60 Assault occasioning bodily harm ............................................................................... 24
Detention and kidnapping 24

60A Interpretation ................................................................................................................. 24
60B Unlawful detention....................................................................................................... 25
60C Kidnapping .................................................................................................................... 25
60D Hostage-taking .............................................................................................................. 25
60E Penalties ......................................................................................................................... 25
Rape, abduction, and defilement of women 26

61 [Repealed] ...................................................................................................................... 26
62 to 65 [Repealed] ............................................................................................................. 26
66 to 68 [Repealed] ............................................................................................................. 26
Child-stealing 26

69 [Repealed] ...................................................................................................................... 26
Bigamy 26

70 Bigamy ............................................................................................................................ 26
Attempts to procure abortion 26

71 Administering drugs, or using instruments to procure abortion .......................... 26
72 Procuring drugs, etc, to cause abortion ..................................................................... 27
Concealing the birth of a child 27

73 Concealing the birth of a child .................................................................................... 27
Unnatural offences 27

74 to 76 [Repealed] ............................................................................................................. 27
Other offences against the person 27

77 Challenging to fight a duel .......................................................................................... 27
78 [Repealed] ...................................................................................................................... 28
79 Maliciously defaming, libelling, etc ........................................................................... 28
80 [Repealed] ...................................................................................................................... 28
81 [Repealed] ...................................................................................................................... 28
82 Party accused may be acquitted of felony and found guilty of wounding .......... 28
83 Persons acquitted of felony may be found guilty of assault ................................... 28
MALICIOUS INJURIES TO PROPERTY 29

84 to 115 [Repealed] ........................................................................................................... 29
Injuries to railway carriages and telegraphs 29

116 Placing wood, etc, on railway, with intent to obstruct or overthrow engine,
etc .................................................................................................................................... 29
117 Casting wood, etc, upon any railway carriage ......................................................... 29
118 Endangering safety of travellers ................................................................................. 29
119 Obstructing engines or carriages on railways .......................................................... 29
120 Obstructing telegraphic communication ................................................................... 30
121 Attempt to injure such telegraphs .............................................................................. 30
122 to 124 [Repealed] ........................................................................................................... 30
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Injuries to ships, etc. 30

125 to 129 [Repealed] .......................................................................................................... 30
130 Exhibiting false signals, etc ......................................................................................... 30
131 Removing or concealing buoys and other sea marks .............................................. 30
132 to 135 [Repealed] .......................................................................................................... 31
Making gunpowder to commit offences 31

136 Making or having gunpowder, etc, with intent to commit any felony
against this Act ............................................................................................................. 31
LARCENY AND OTHER SIMILAR OFFENCES 31

137 to 144 [Repealed] .......................................................................................................... 31
As to larceny of cattle or other animals 31

145 and 146 [Repealed] ....................................................................................................... 31
147 [Repealed] ...................................................................................................................... 31
148 [Repealed] ...................................................................................................................... 31
149 [Repealed] ...................................................................................................................... 31
150 Killing pigeons .............................................................................................................. 31
151 [Repealed] ...................................................................................................................... 32
152 [Repealed] ...................................................................................................................... 32
153 Skins, wool, and ears of sheep to be conveyed with carcase ................................. 32
154 and 155 [Repealed] ....................................................................................................... 32
156 Unlawfully clipping sheep, etc ................................................................................... 32
157 to 160 [Repealed] .......................................................................................................... 32
161 to 163 [Repealed] .......................................................................................................... 32
164 [Repealed] ...................................................................................................................... 32
165 to 175 [Repealed] .......................................................................................................... 32
176 Extortion by publishing libel, etc ............................................................................... 32
177 [Repealed] ...................................................................................................................... 33
178 to 194 [Repealed] .......................................................................................................... 33
195 and 196 [Repealed] ....................................................................................................... 33
197 to 208 [Repealed] .......................................................................................................... 33
209 [Repealed] ...................................................................................................................... 33
210 and 211 [Repealed] ....................................................................................................... 33
212 and 213 [Repealed] ....................................................................................................... 33
214 to 218 [Repealed] .......................................................................................................... 33
219 to 223 [Repealed] .......................................................................................................... 33
224 to 235 [Repealed] .......................................................................................................... 33
236 [Repealed] ...................................................................................................................... 33
237 Abettors in offences punishable on summary conviction ...................................... 33
238 and 239 [Repealed] ....................................................................................................... 34
238 [Repealed] ...................................................................................................................... 34
FORGERY 34

241 and 242 [Repealed] ....................................................................................................... 34
243 and 244 [Repealed] ....................................................................................................... 34
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245 to 268 [Repealed] ........................................................................................................... 34
As to forging records, process, instruments of evidence, etc. 34

269 Forging copies of certificates of records, process of courts not of record,
and using forged process ............................................................................................. 34
270 [Repealed] ...................................................................................................................... 34
271 Punishment .................................................................................................................... 34
272 to 274 [Repealed] ........................................................................................................... 34
As to falsely acknowledging recognizances, etc. 34

275 Acknowledging recognizance, bail, judgment, etc, in the name of another
without authority .......................................................................................................... 34
276 [Repealed] ...................................................................................................................... 35
As to forging registers of births, marriages and deaths 35

277 Forging registers of births, baptisms, marriages, civil partnerships, deaths
or burials ........................................................................................................................ 35
278 Making false entries in copies of register sent to registrar ..................................... 35
279 to 281 [Repealed] ........................................................................................................... 36
282 and 283 [Repealed] ....................................................................................................... 36
As to other matters 36

284 Intent to defraud particular persons need not be alleged or proved .................... 36
285 and 286 [Repealed] ............................................................................................................. 36
OFFENCES RELATING TO THE COIN 36

287 to 302 [Repealed] ........................................................................................................... 36
303 to 308 [Repealed] ........................................................................................................... 36
309 to 313 [Repealed] ........................................................................................................... 36
OFFENCES AGAINST PUBLIC JUSTICE 36

314 [Repealed] ...................................................................................................................... 36
315 Administering oath to commit treason or felony ..................................................... 36
316 Taking any such oath ................................................................................................... 36
317 Compounding offences, etc ......................................................................................... 37
Making affray in any court of justice, etc. 37

318 Obstructing any officer in the execution of his duty, etc ........................................ 37
319 Neglecting to execute any writ, etc, or permitting any person to be at large
who ought to be arrested ............................................................................................. 37
320 Breaking prison, etc ...................................................................................................... 38
321 Punishment .................................................................................................................... 38
322 Rescuing or attempting to rescue any person imprisoned, or negligently
suffering a person to escape ........................................................................................ 38
323 [Repealed] ...................................................................................................................... 38
324 [Repealed] ...................................................................................................................... 38
325 to 327 [Repealed] ........................................................................................................... 38
328 [Repealed] ...................................................................................................................... 38
329 [Repealed] ...................................................................................................................... 38
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330 Conspiracy, etc .............................................................................................................. 38
330A Computer security conspiracy.................................................................................... 39
331 Falsely personating, etc ............................................................................................... 39
CERTAIN OFFENCES AGAINST THE PUBLIC PEACE 39

332 Riot ................................................................................................................................. 39
333 Forcible entry ................................................................................................................ 40
334 Forcible detainer ........................................................................................................... 40
335 Spreading false news ................................................................................................... 40
336 Attempt to commit a misdemeanour ........................................................................ 40
337 Punishment under last five sections .......................................................................... 40
OFFENCES AGAINST THE PUBLIC HEALTH AND THE PUBLIC

POLICE OR ECONOMY 40

338 [Repealed] ...................................................................................................................... 40
339 Removing dead bodies to sell, etc, the same ............................................................ 40
340 Purchasing dead bodies............................................................................................... 41
341 Opening graves with intent to remove dead bodies for the purpose of
selling or dissecting ...................................................................................................... 41
342 Endangering public personal safety .......................................................................... 41
343 [Repealed] ...................................................................................................................... 41
344 [Repealed] ...................................................................................................................... 41
345 [Repealed] ...................................................................................................................... 41
346 [Repealed] ...................................................................................................................... 41
347 Other offences not specified ....................................................................................... 41
348 Punishment under ten preceding sections ............................................................... 42
CARD SHARPERS 42

349 [Repealed] ...................................................................................................................... 42
PRINCIPALS IN THE SECOND DEGREE: ACCESSORIES AND

ABETTORS 42

As to accessories before the fact 42

350 Accessories before the fact to any felony may be punished in the same
degree as the principal ................................................................................................. 42
351 Accessories before the fact may be tried as such, as substantive felons ............... 42
352 and 353 [Repealed] ....................................................................................................... 43
As to accessories generally 43

354 Accessories may be prosecuted though the principal is not attainted ................. 43
355 Accessories of stolen property may be charged with several felonies in one
indictment...................................................................................................................... 43
As to abettors in misdemeanours 43

356 As to abettors in misdemeanours ............................................................................... 43
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PROCEDURE, ETC. 44

357 to 359 [Repealed] ........................................................................................................... 44
360 to 363 [Repealed] ........................................................................................................... 44
364 to 366 [Repealed] ........................................................................................................... 44
367 [Repealed] ...................................................................................................................... 44
368 [Repealed] ...................................................................................................................... 44
369 [Repealed] ...................................................................................................................... 44
370 [Repealed] ...................................................................................................................... 44
371 to 373 [Repealed] ........................................................................................................... 44
374 [Repealed] ...................................................................................................................... 44
375 and 376 [Repealed] ....................................................................................................... 44
377 [Repealed] ...................................................................................................................... 44
378 and 379 [Repealed] ....................................................................................................... 44
380 [Repealed] ...................................................................................................................... 44
381 [Repealed] ...................................................................................................................... 44
382 to 384 [Repealed] ........................................................................................................... 44
385 to 387 [Repealed] ........................................................................................................... 44
388 and 389 [Repealed] ....................................................................................................... 44
390 [Repealed] ...................................................................................................................... 44
391 [Repealed] ...................................................................................................................... 44
And that the punishment of offenders may be less frequently intercepted

in consequence of technical niceties 45

392 What shall not be sufficient to stay judgment after verdict .................................... 45
And to prevent all doubts respecting the civil rights of persons convicted

of felonies, who have undergone the punishment to which they were

adjudged 45

393 Every punishment for felony, after it has been endured, shall have the
effect of a pardon .......................................................................................................... 45
394 and 395 [Repealed] ....................................................................................................... 45
396 and 397 [Repealed] ....................................................................................................... 45
398 Act not to interfere with the prerogative of the Crown to pardon, etc ................. 45
399 [Repealed] ...................................................................................................................... 46
AS TO APPREHENSION OF OFFENDERS AND OTHER

PROCEEDINGS 46

400 Power of arrest for person offered property ............................................................. 46
401 [Repealed] ...................................................................................................................... 46
402 [Repealed] ...................................................................................................................... 46
403 A summary conviction shall be a bar to any other proceeding for the same
cause ............................................................................................................................... 46
404 Actions against persons acting under this Act ......................................................... 46
405 [Repealed] ...................................................................................................................... 47
406 and 407 [Repealed] ....................................................................................................... 47
408 and 409 [Repealed] ....................................................................................................... 47
410 Summary proceedings may be under the Summary Jurisdiction Act 1989 ............. 47
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411 Costs of private prosecution for misdemeanours .................................................... 47
412 Malice against owners of property need not be proved ......................................... 47
413 Provisions of this Act shall apply to persons in possession of the property
injured ............................................................................................................................ 48
414 Intent to injure or defraud particular persons need not be stated in any
indictment...................................................................................................................... 48
415 Abettors in offences punishable on summary conviction ...................................... 48
416 and 417 [Repealed] ....................................................................................................... 48
418 [Repealed] ...................................................................................................................... 48
419 to 421 [Repealed] .......................................................................................................... 48
422 Interpretation of terms ................................................................................................. 48
423 Short title ....................................................................................................................... 50
SCHEDULE 51

ENDNOTES 53

TABLE OF LEGISLATION HISTORY 53
TABLE OF RENUMBERED PROVISIONS 53
TABLE OF ENDNOTE REFERENCES 53

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c i e
THE CRIMINAL CODE 1872

Received Royal Assent: 28 May 1872
Promulgated: 5 July 1872
Commenced: 5 July 1872
AN ACT
to consolidate and amend the Criminal Law of this Island.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Fines Act 1986 and by the
Criminal Justice (Penalties, Etc.) Act 1993 s 1.
2. References to penal servitude are to be construed in accordance with the
Custody Act 1995 Sch 3 para 1.
3. As to offences under ss 35 to 37, 45, 47, 50, 60, 116 to 121, 136, see Firearms Act
1947 s 23(2).
4. Special provisions of the Children and Young Persons Act apply to any offence
under ss 42, 68, 69 of this Act and to any offence against a child or young person under
ss 20 or 75 of this Act.
5. References to summary conviction are to be construed in accordance with the
Summary Jurisdiction Act 1989 Sch 4 para 7.
1 [Repealed]
1

TREASON

2 Compassing death of Sovereign, etc

Whosoever shall feloniously and traitorously compass or imagine the death of
the King or Queen for the time being in the possession of the crown of the
realm, or the death of the consort of any such King or Queen during the
coverture, or the death of the eldest child, for the time being, of any such King
or Queen, being heir apparent to the crown of the realm, shall be guilty of
treason.2

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3 Violating female heir to Crown

Whosoever shall feloniously and traitorously violate the eldest or only
daughter, for the time being of the King or Queen, for the time being in
possession of the crown of the realm, before such daughter shall have been
married, or shall violate during the coverture any consort of any such King, or
the consort of the eldest son, for the time being, of any such King or Queen,
such son being heir apparent to the crown of the realm, shall be guilty of
treason.
4 Levying war or adhering to the King or Queen’s enemies

Whosoever shall feloniously and traitorously levy war against the King or
Queen for the time being in possession of the crown of the realm, or shall be
adherent within the realm to any foreign power or country in actual hostility
with such King or Queen, giving to the subjects or citizens of such power, or to
the inhabitants of such country, aid and comfort within the realm, shall be
guilty of treason.
5 Slaying Governor, etc

Whosoever shall feloniously and traitorously slay the King or Queen’s
Governor shall be guilty of treason.
6 Overt act expressly laid

No person shall be convicted of treason except upon some overt act expressly
laid in the indictment.
7 Punishment of treason

Whosoever shall be convicted of treason shall be sentenced to imprisonment for
life.3

TREASON-FELONY, AND OFFENCES AGAINST THE QUEEN’S

PERSON OR GOVERNMENT

8 Devising treason

Whoever shall, within this Isle or without, compass, imagine, invent, devise, or
intend to deprive or depose our Most Gracious Lady the Queen, her heirs or
successors, from the style, honor, or royal name of the imperial crown of the
United Kingdom, or of any other of Her Majesty’s dominions or countries, or to
levy war against Her Majesty, her heirs or successors, within any part of this Isle
or of the United Kingdom, in order by force or constraint to compel her or them
to change her or their measures or counsels, or in order to put any force or
constraint upon, or in order to intimidate or overawe both Houses or either
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House of the Parliament of the United Kingdom or Tynwald or any branch
thereof, or to move or stir any foreigner or stranger with force to invade the
United Kingdom, or any other Her Majesty’s dominions or countries under the
obeisance of Her Majesty, her heirs or successors, and such compassings,
imaginations, inventions, devices, or intentions, or any of them, shall express,
utter, or declare by publishing any printing or writing, or by open and advised
speaking, or by any overt act or deed, shall be guilty of felony, and being
convicted thereof shall be liable to imprisonment for life.4

9 Limitation of prosecutions under preceding section

Provided always, that no person shall be prosecuted for any felony under the
last preceding section in respect of such compassings, imaginations, inventions,
devices, or intentions as aforesaid, in so far as the same are expressed, uttered,
or declared by open and advised speaking only, unless information of such
compassings, imaginations, inventions, devices, and intentions, and of the
words by which the same were expressed, uttered, or declared, shall be given
upon oath to a High-Bailiff or Justice within six days after such words shall
have been spoken, and unless a warrant for the apprehension of the person by
whom such words shall have been spoken, shall be issued within ten days next
after such information shall have been given as aforesaid; and no person shall
be convicted of any such compassings, imaginations, inventions, devices, or
intentions, as aforesaid, in so far as the same are expressed, uttered, or declared
by open or advised speaking as aforesaid, except upon his own confession in
open Court, or unless the words so spoken shall be proved by two credible
witnesses.
10 [Repealed]
5

11 Inciting to mutiny

Whosoever shall maliciously and advisedly endeavour to seduce any person
serving in Her Majesty’s forces, by sea, air or land, from his duty or allegiance to
Her Majesty, or to incite or stir up any such person to commit any act of mutiny,
or to make, or endeavour to make, any mutinous assembly, or to commit any
traitorous or mutinous practice whatsoever, shall be guilty of felony, and being
convicted thereof shall be liable to imprisonment for life.6

12 Discharging or aiming firearms, etc, at Sovereign

Whosoever shall wilfully discharge, or attempt to discharge, or point, aim, or
present at or near to the person of the King or Queen for the time being in the
possession of the crown of the realm, any gun, pistol, or any other description of
fire-arm, or of other arms whatsoever, whether the same shall or shall not
contain any explosive substance or destructive material, or shall discharge, or
cause to be discharged, or attempt to discharge or cause to be discharged, any
explosive substance or material, near to the person of the King or Queen
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aforesaid, or whosoever shall wilfully strike, or strike at, or attempt to strike or
to strike at the person of the King or Queen aforesaid, with any offensive
weapon, or in any other manner whatsoever, or whosoever shall wilfully throw,
or attempt to throw, any substance, matter, or thing whatsoever, at or upon the
person of the King or Queen aforesaid, with intent, in any of the cases aforesaid,
to injure the person of such King or Queen, or with intent, in any of the cases
aforesaid, to break the public peace, or whereby the public peace may be
endangered, or with intent in any of the cases aforesaid to alarm the King or
Queen; or whosoever shall, near to the person of such King or Queen, wilfully
produce or have any gun, pistol, or any other description of fire-arms, or other
arms whatsoever, with intent to use the same to injure the person of the King or
Queen, or to alarm the King or Queen, shall be guilty of a high misdemeanour,
and being convicted thereof shall be liable to imprisonment for a term not
exceeding eight years.7

13 Acts tending to bring Sovereign or Government into contempt

Whosoever shall maliciously and designedly do any act, or circulate any written
or printed paper, pamphlet, or book, or use any expression by word or writing
tending to bring into hatred or contempt the person or government of Her
Majesty, her heirs or successors, shall be guilty of a high misdemeanour, and
being convicted thereof shall be liable, at the discretion of the Court, to a fine
and to be imprisoned for any term not exceeding one year.8

14 Provisions as to treason not affected by ss 8, 11, 12 and 13

Provided always, that nothing in the eighth, eleventh, twelfth, or thirteenth
sections hereof contained shall lessen the force of, or in any manner affect the
provisions hereinbefore contained as to treason.
15 Persons not to be acquitted if the offence amount to treason

Provided also, that if the facts or matters alleged in an indictment for any
offence under the eighth, eleventh, twelfth, or thirteenth sections hereof shall
amount in law to treason, such indictment shall not, by reason thereof, be
deemed void, erroneous, or defective; and if the facts or matters proved on the
trial of any person indicted for any such offence shall amount in law to treason,
such person shall not by reason thereof be entitled to be acquitted of such
offence, but no person tried for such offence shall be afterwards prosecuted for
treason upon the same facts.
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TRAINING AND DRILLING

16 Meetings for illegal training or drilling

All meetings and assemblies of persons for the purpose of training or drilling
themselves, or of being trained or drilled to the use of arms, or for the purpose
of practising military exercise, movements, or evolutions, without any lawful
authority from the Crown, or the Governor, for so doing, shall be and the same
are hereby prohibited, as dangerous to the peace and security of Her Majesty’s
liege subjects and of her Government. And whosoever shall be present at, or
attend any such meeting or assembly, for the purpose of training and drilling
any other person to the use of arms, or the practice of military exercise,
movements, or evolutions, or shall train or drill any other person to the use of
arms, or the practice of military exercise, movements, or evolutions, or
whosoever shall aid or assist therein, shall be guilty of a misdemeanour, and on
conviction thereof shall be liable to be kept in penal servitude for the term of
five years, or to be imprisoned for a term not exceeding two years, at the
discretion of the Court. And whosoever shall attend or be present at any such
meeting or assembly as aforesaid, for the purpose of being, or shall at any such
meeting or assembly be trained or drilled to the use of arms, or the practice of
military exercise, movements, or evolutions, shall be guilty of a misdemeanour,
and being convicted thereof shall be liable to be punished by a fine, and
imprisonment not exceeding two years, at the discretion of the Court. Provided
always, that the provisions of this section shall not apply to the case of schools
not being schools for adult persons, when the training and drilling is carried on
with the knowledge and consent of the head master.9

17 Persons assembled may be dispersed

It shall be lawful for any justice, or for any constable or peace officer, or for any
other person acting in their aid or assistance, to disperse any such unlawful
meeting or assembly as aforesaid, and to arrest and detain any person present
at, or aiding, assisting, or abetting any such assembly or meeting as aforesaid, to
be dealt with according to law.
OFFENCES AGAINST THE PERSON

Homicide
18 Murder

Whosoever shall unlawfully and feloniously kill another, with malice
aforethought, shall be guilty of murder, and being convicted thereof shall be
sentenced to imprisonment for life.10

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19 Conspiring or soliciting to commit murder

All persons who shall conspire, confederate, and agree to murder any person,
whether he be a subject of Her Majesty or not, and whether he be within the
Queen’s dominions or not, and whosoever shall solicit, encourage, persuade, or
endeavour to persuade, or shall propose to any person to murder any other
person, whether he be a subject of Her Majesty or not, and whether he be within
the Queen’s dominions or not, shall be guilty of a misdemeanour, and being
convicted thereof shall be liable to imprisonment for a term not exceeding ten
years.11

20 Manslaughter

Whosoever shall unlawfully and feloniously kill another, without malice
aforethought, shall be guilty of manslaughter, and being convicted thereof shall
be liable, at the discretion of the Court, to imprisonment for life, or to pay such
fine as the Court shall award, in addition to or without any such other
discretionary punishment as aforesaid; and in any trial for murder, if the jury
shall be of opinion and find that the party accused has been guilty of
manslaughter only, the said jury shall, by their verdict, find such party guilty of
manslaughter, and thereupon the Court may pass such sentence as if such
person had been convicted upon an indictment for manslaughter.12

21 Constructive malice

[P1957/11/1]
(1) Where a person kills another in the course or furtherance of some other
offence, the killing shall not amount to murder unless done with the
same malice aforethought (express or implied) as is required for a killing
to amount to murder when not done in the course or furtherance of
another offence.
(2) For the purposes of subsection (1), a killing done in the course or for the
purpose of resisting an officer of justice, or of resisting or avoiding or
preventing a lawful arrest, or of effecting or assisting an escape or rescue
from legal custody, shall be treated as a killing in the course or
furtherance of an offence.13

21A Provocation

[P1957/11/3]
Where on a charge of murder there is evidence on which the jury can find that
the person charged was provoked (whether by things done or by things said or
by both together) to lose his self-control, the question whether the provocation
was enough to make a reasonable man do as he did shall be left to be
determined by the jury; and in determining that question the jury shall take into
account everything both done and said according to the effect which, in their
opinion, it would have on a reasonable man.14

The Criminal Code 1872 Section 22


c AT 1 of 1872 Page 17

21B Suicide pacts

[P1957/11/4]
(1) It shall be manslaughter, and shall not be murder, for a person acting in
pursuance of a suicide pact between him and another to kill the other or
be a party to the other being killed by a third person.
(2) Where it is shown that a person charged with the murder of another
killed the other or was a party to his being killed, it shall be for the
defence to prove that the person charged was acting in pursuance of a
suicide pact between him and the other.
(3) For the purpose of this section “suicide pact” means a common
agreement between two or more persons having for its object the death
of all of them whether or not each is to take his own life, but nothing
done by a person who enters into a suicide pact shall be treated as done
by him in pursuance of the pact unless it is done while he has the settled
intention of dying in pursuance of the pact.15

22 Excusable homicide

No punishment or forfeiture shall be incurred by any person who shall kill
another by misfortune, or in his own defence, or in any other manner without
felony.
22A Diminished responsibility

(1) Where a person kills or is a party to the killing of another, he shall not be
convicted of murder if at the time of his act he is suffering from such
mental abnormality as substantially impaired his mental responsibility
for his acts and omissions in doing or being a party to the killing.
(2) On a charge of murder, it shall be for the defence to prove that the
person charged is by virtue of this section not liable to be convicted of
murder.
(3) A person who but for this section would be liable, whether as principal
or accessory, to be convicted of murder shall be liable instead to be
convicted of manslaughter.
(4) The fact that one party to a killing is by virtue of this section not liable to
be convicted of murder shall not affect the question whether the killing
amounted to murder in the case of the other party to it.
(5) In this section, “mental abnormality” means mental illness, arrested or
incomplete development of mind, psychopathic disorder, and any other
disorder or disability of mind.16

Section 23 The Criminal Code 1872


Page 18 AT 1 of 1872 c

Attempts to murder
23 Administering poison, or wounding with intent to murder

Whosoever shall administer to, or cause to be administered to, or to be taken by
any person, any poison, or other destructive thing, or shall, by any means
whatsoever, wound, or cause any grievous bodily harm to any person, with
intent in any of the cases aforesaid to commit murder, shall be guilty of felony.
24 Destroying or damaging a building with explosive with intent to

murder

Whosoever, by the explosion of gunpowder, or other explosive substance, shall
destroy or damage any building, with intent to commit murder, shall be guilty
of felony.
25 Firing or casting away a ship with intent to murder

Whosoever shall set fire to any ship or vessel, or any part thereof, or any part of
the tackle, apparel, or furniture thereof, or any goods or chattels being therein,
or shall castaway or destroy any ship or vessel, with intent in any of such cases
to commit murder, shall be guilty of felony.
26 Attempting to poison, shoot, or drown, etc, with intent to murder

Whosoever shall attempt to administer to, or shall attempt or cause to be
administered to, or to be taken by any person, any poison, or other destructive
thing, or shall shoot at any person, or shall, by drawing a trigger, or in any other
manner, attempt to discharge any kind of loaded arms at any person, or shall
attempt to drown, suffocate, or strangle any person, with intent in any of the
cases aforesaid to commit murder, shall, whether any bodily injury be effected
or not, be guilty of felony.
27 Otherwise attempting to murder

Whosoever shall, by any means other than those specified in any of the
preceding sections of this Act, attempt to commit murder, shall be guilty of
felony.
28 Punishment

Whosoever shall be convicted of any of the offences in the last five sections
specified shall be liable to imprisonment for life.17

The Criminal Code 1872 Section 31


c AT 1 of 1872 Page 19

29 and 30 [Repealed]
18

Letters threatening to murder
31 Threats to kill or cause serious injury

A person who without lawful excuse makes to another a threat to cause the
death of, or serious injury to, that other or a third person, intending that other to
believe that it will be carried out, shall be guilty of felony, and being convicted
thereof shall be liable to imprisonment for a term not exceeding ten years.19

Acts causing or tending to cause danger to life or bodily harm
32 Impeding a person endeavouring to save himself from shipwreck

Whosoever shall unlawfully and maliciously prevent or impede any person,
being on board of or having quitted any ship or vessel which shall be in distress
or wrecked, stranded, or cast on shore, in his endeavour to save his life, or shall
unlawfully and maliciously prevent or impede any person in his endeavour to
save the life of any such person as in this section first aforesaid, shall be guilty
of felony, and being convicted thereof shall be liable to imprisonment for life.20

33 Shooting or wounding with intent to do grievous bodily harm

Whosoever shall unlawfully and maliciously, by any means whatsoever, wound
or cause any grievous bodily harm to any person, or shoot at any person, or, by
drawing a trigger, or in any other manner, attempt to discharge any kind of
loaded arms at any person, with intent in any of the cases aforesaid to maim,
disfigure, or disable any person, or to do some other grievous bodily harm to
any person, or with intent to resist or prevent the lawful apprehension or
detainer of any person, shall be guilty of felony, and being convicted thereof
shall be liable to imprisonment for life.21

34 What shall constitute loaded arms

Any gun, pistol, or other arms which shall be loaded with gunpowder, or any
other explosive substance, and ball, shot, slug, or any other destructive material,
shall be deemed to be loaded arms within the meaning of this Act, although the
attempt to discharge the same may fail from want of proper priming, or from
any other cause.
35 Inflicting bodily injury, with or without weapon

Whosoever shall unlawfully and maliciously wound or inflict any grievous
bodily harm upon any other person, either with or without any weapon or
instrument, shall be guilty of a misdemeanour, and being convicted thereof
shall be liable to imprisonment for a term not exceeding five years.22

Section 36 The Criminal Code 1872


Page 20 AT 1 of 1872 c

36 Attempting to choke, etc, in order to commit any indictable offence

Whosoever shall, by any means whatsoever, attempt to choke, suffocate, or
strangle any other person, or shall, by any means calculated to choke, suffocate,
or strangle, attempt to render any other person insensible, unconscious, or
incapable of resistance, with intent in any of such cases thereby to enable
himself or any other person to commit, or with intent in any of such cases
thereby to assist any other person in committing any indictable offence, shall be
guilty of felony, and being convicted thereof shall be liable to imprisonment for
life.23

37 Using chloroform, etc to commit any indictable offence

Whosoever shall unlawfully apply or administer to, or cause to be taken by, or
attempt to apply or administer to, or attempt to cause to be administered to or
taken by, any person, any chloroform, laudanum, or other stupefying or
overpowering drug, matter, or thing, with intent in any of such cases thereby to
enable himself or any other person to commit, or with intent in any of such
cases thereby to assist any other person in committing any indictable offence,
shall be guilty of felony, and being convicted thereof shall be liable to
imprisonment for life.24

38 Maliciously administering poison, etc, so as to endanger life, or inflict

grievous bodily harm

Whosoever shall unlawfully and maliciously administer to, or cause to be
administered to or taken by any other person, any poison or other destructive or
noxious thing, so as thereby to endanger the life of such person, or so as thereby
to inflict upon such person any grievous bodily harm, shall be guilty of felony,
and being convicted thereof shall be liable to imprisonment for a term not
exceeding ten years.25

39 Maliciously administering poison, etc, with intent to injure, aggrieve or

annoy any other person

Whosoever shall unlawfully and maliciously administer to, or cause to be
administered to or taken by any other person, any poison or other destructive or
noxious thing, with intent to injure, aggrieve, or annoy such person, shall be
guilty of a misdemeanour, and being convicted thereof shall be liable to
imprisonment for a term not exceeding eight years.26

40 Jury may find person charged with felony, guilty of misdemeanour

If, upon the trial of any person for any felony in the last but one preceding
section mentioned, the jury shall not be satisfied that such person is guilty
thereof, but shall be satisfied that he is guilty of any misdemeanour in the last
preceding section mentioned, then, and in every such case, the jury may acquit
The Criminal Code 1872 Section 41


c AT 1 of 1872 Page 21

the accused of such felony and find him guilty of such misdemeanour, and
thereupon he shall be liable to be punished in the same manner as if convicted
upon an indictment for such misdemeanour.

41 Neglecting to provide wife, children, apprentices or servants with food,

etc, whereby life is endangered

Whosoever being legally liable, either as a husband, or father, or mother, or
master, or mistress, or otherwise, to provide for any wife, child, apprentice, or
servant, necessary food, clothing, or lodging, shall wilfully and without lawful
excuse, refuse or neglect to provide the same, or shall unlawfully or maliciously
do, or cause to be done, any bodily harm to any such wife, child, apprentice, or
servant, so that the life of such wife, child, apprentice, or servant shall be
endangered, or the health of such wife, child, apprentice, or servant shall have
been, or shall be likely to be, permanently injured, shall be guilty of a
misdemeanour, and being convicted thereof shall be liable to imprisonment for
a term not exceeding five years.27

42 Exposing children whereby life is endangered

Whosoever shall unlawfully abandon or expose any child, being under the age
of five years, whereby the life of such child shall be endangered, or the health of
such child shall have been, or shall be likely to be, permanently injured, shall be
guilty of a misdemeanour, and being convicted thereof shall be liable to
imprisonment for a term not exceeding eight years.28

43 Causing bodily injury by explosive

Whosoever shall unlawfully and maliciously, by the explosion of gunpowder,
or any other explosive substance, burn, maim, disfigure, disable, or do any
grievous bodily harm to any person, shall be guilty of felony, and being
convicted thereof shall be liable to imprisonment for life.29

44 Causing gunpowder to explode, or sending explosive, or throwing

corrosive fluid, with intent to do grievous bodily harm

Whosoever shall unlawfully and maliciously cause any gunpowder, or other
explosive substance, to explode, or send or deliver to, or cause to be taken or
received by any person, any explosive substance, or any other dangerous or
noxious thing, or put or lay at any place, or cast or throw at or upon, or
otherwise apply to any person, any corrosive fluid, or any destructive or
explosive substance, with intent in any of the cases aforesaid to burn, maim,
disfigure, or disable any person, or to do some grievous bodily harm to any
person, shall, whether any bodily injury be effected or not, be guilty of felony,
and being convicted thereof shall be liable to imprisonment for life.30

Section 45 The Criminal Code 1872


Page 22 AT 1 of 1872 c

45 Placing explosive near a building with intent to do bodily injury

Whosoever shall unlawfully and maliciously place or throw in, unto, upon,
against, or near any building, ship, or vessel any gunpowder, or other explosive
substance, with intent to do any bodily injury to any person, shall, whether or
not any explosion take place, and whether or not any bodily injury be effected,
be guilty of felony, and being convicted thereof shall be liable to imprisonment
for a term not exceeding fourteen years.31

46 Setting spring guns, etc, with intent to inflict grievous bodily harm

Whosoever shall set or place, or cause to be set or placed, any spring gun, man
trap, or other engine calculated to destroy human life, or inflict grievous bodily
harm, with the intent that the same, or whereby the same, may destroy or inflict
grievous bodily harm upon a trespasser or other person coming in contact
therewith, shall be guilty of a misdemeanour, and being convicted thereof shall
be liable, at the discretion of the Court, to custody for a term not exceeding 5
years; and whosoever shall knowingly and wilfully permit any such spring gun,
man trap, or other engine, which may have been set or placed in any place then
being in or afterwards coming into his possession or occupation by some other
person, to continue so set or placed, shall be deemed to have set and placed
such gun, trap, or engine, with such intent as aforesaid.
Provided that nothing in this section contained shall extend to make it illegal to
set or place any gin or trap, such as may have been, or may be usually set or
placed with the intent of destroying vermin: Provided also, that nothing in this
section shall be deemed to make it unlawful to set or place, or cause to be set or
placed, or to be continued set or placed, from sunset to sunrise, any spring gun,
man trap, or other engine which shall be set or placed, or caused or continued to
be set or placed, in a dwelling house, for the protection thereof.32

47 Doing or omitting anything to endanger passengers by railway

Whosoever, by an unlawful act, or by any wilful omission or neglect, shall
endanger, or cause to be endangered, the safety of any person conveyed or
being in or upon a railway, or shall aid or assist therein, shall be guilty of a
misdemeanour, and being convicted thereof shall be liable to be imprisoned for
any term not exceeding five years.33

The Criminal Code 1872 Section 48


c AT 1 of 1872 Page 23

48 [Repealed]
34

Assaults
49 Obstructing or assaulting a clergyman or other minister in the

discharge of his duties

Whosoever, shall, by threats or force, obstruct or prevent, or endeavour to
obstruct or prevent, any clergyman or other minister in or from celebrating
divine service, or otherwise officiating in any church, chapel, meeting-house, or
other place of divine worship, or in or from the performance of his duty in the
lawful burial of the dead in any churchyard or other burial place, or shall strike
or offer any violence to, or shall, upon any civil process, or under the pretense of
executing any civil process, arrest any clergyman or other minister who is
engaged in, or to the knowledge of the offender is about to engage in, any of the
rites or duties in this section aforesaid, or who to the knowledge of the offender
shall be going to perform the same, or returning from the performance thereof,
shall be guilty of a misdemeanour, and being convicted thereof shall be liable to
be imprisoned for any term not exceeding two years.35

50 Assaulting a magistrate, etc, on account of his preserving wreck

Whosoever shall assault and strike or wound any magistrate, officer, or other
person whatsoever lawfully authorised, in or on account of the exercise of his
duty in or concerning the preservation of any vessel in distress, or of any vessel,
goods, or effects wrecked, stranded, or cast on shore, or lying under water, shall
be guilty of a misdemeanour, and being convicted thereof shall be liable to
imprisonment for a term not exceeding ten years.36

51 Assault with intent to commit felony, or on peace officers, etc

Whosoever shall assault any person with intent to commit felony, or shall
assault any person with intent to resist or prevent the lawful apprehension or
detainer of himself, or of any other person for any offence, shall be guilty of a
misdemeanour, and being convicted thereof shall be liable to be imprisoned for
any term not exceeding two years.37

52 Assaulting coroner, etc when in the discharge of his duty

Whosoever shall assault, beat, resist, or wilfully obstruct any coroner, lockman,
sumner, or peace officer in the execution of his duty, or any person acting in aid
of any such officer, shall, on summary conviction before two justices, be liable to
imprisonment for a term not exceeding two years or to a fine not exceeding
£5,000, or to both.38

Section 55 The Criminal Code 1872


Page 24 AT 1 of 1872 c

53 and 54 [Repealed]
39

55 Assaults arising from combination

Whosoever, in the pursuance of any unlawful combination or conspiracy to
raise the rate of wages, or of any unlawful combination or conspiracy respecting
any trade, business, or manufacture, or respecting any person concerned or
employed therein, shall unlawfully assault any person, shall be guilty of a
misdemeanour, and being convicted thereof shall be liable to be imprisoned for
any term not exceeding two years.40

56 to 58 [Repealed]
41

59 Aggravated assaults

Whosoever shall unlawfully assault or beat any person, and the assault or
battery shall be of such an aggravated nature that the justice to whom the
complaint is made, or the justices before whom the offender is brought, shall be
of opinion that the same is a fit subject for a prosecution by indictment, the same
not being otherwise herein provided for, shall be guilty of a misdemeanour, and
being convicted thereof shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years, or to pay a fine, or if such
assault or battery shall have occasioned actual bodily harm shall be liable to the
punishment next hereinafter mentioned.42

60 Assault occasioning bodily harm

Whosoever shall be convicted upon an indictment of any assault occasioning
actual bodily harm shall be liable to imprisonment for a term not exceeding five
years.43

Detention and kidnapping
60A Interpretation

(1) For the purposes of sections 60B to 60D —
(a) a person takes another if he causes the other to accompany him or
a third person or causes him to be taken;
(b) a person detains another if he causes the other to remain where he
is;
(c) a person sends another if he causes the other to be sent; and
(d) a person acts without the consent of another if he obtains the
other’s consent —
(i) by force or threat of force; or
The Criminal Code 1872 Section 60


c AT 1 of 1872 Page 25

(ii) by deception causing the other to believe that he is under
legal compulsion to consent.
(2) For the purposes of sections 60B and 60C, a child under the age of sixteen
cannot give consent.44

60B Unlawful detention

(1) A person is guilty of unlawful detention if he, without lawful
justification or excuse, intentionally or recklessly takes or detains another
without that other’s consent.45

(2) A person is not guilty of an offence under this section if the person taken
or detained is, or he believes him to be, a child under the age of sixteen
and —
(a) he has, or believes he has, lawful control of the child; or
(b) he has, or believes he has, the consent of a person who has, or
whom he believes to have, lawful control of the child, or he
believes that he would have that consent if the person were aware
of all the relevant circumstances.46

60C Kidnapping

A person is guilty of kidnapping if he intentionally or recklessly takes or detains
another without that other’s consent, intending —
(a) to hold him to ransom or as a hostage; or
(b) to send him out of the Island; or
(c) to commit an offence.47
48

60D Hostage-taking

A person, whatever his nationality, is guilty of hostage-taking if, in the Island or
elsewhere, he intentionally or recklessly —
(a) takes or detains another and
(b) in order to compel a State, international government organisation
or person to do or abstain from doing any act, threatens to cause
the death of, or personal harm to, that other or to continue to
detain him.49

60E Penalties

Any person convicted on information of an offence under section 60B, 60C, or
60D of this Act shall be guilty of a felony and shall be liable —
(a) in the case of an offence under section 60B, to be imprisoned for
any term not exceeding five years;
Section 61 The Criminal Code 1872


Page 26 AT 1 of 1872 c

(b) in the case of an offence under section 60C or 60D, to be
imprisoned for life.50

Rape, abduction, and defilement of women
61 [Repealed]
51

62 to 65 [Repealed]
52

66 to 68 [Repealed]
53

Child-stealing
69 [Repealed]
54

Bigamy
70 Bigamy

Whosoever, being married, shall marry any other person during the life of the
former husband or wife, whether the second marriage shall have taken place in
this Island or elsewhere, shall be guilty of felony, and being convicted thereof
shall be liable to imprisonment for a term not exceeding ten years; and any such
offence may be dealt with, inquired of, tried, determined, and punished in this
Island, if either the first or second marriage shall have taken place therein:
Provided that nothing in this section contained shall extend to any second
marriage contracted elsewhere than in this Island by any other than a subject of
her Majesty, or to any person marrying a second time whose husband or wife
shall have been continually absent from such person for the space of seven years
then last past, and shall not have been known by such person to be living within
that time, or shall extend to any person who, at the time of such second
marriage, shall have been divorced from the bond of the first marriage, or to
any person whose former marriage shall have been declared void by the
sentence of any Court of competent jurisdiction.55

Attempts to procure abortion
71 Administering drugs, or using instruments to procure abortion

(1) Every woman being with child who, with intent to procure her own
miscarriage, shall unlawfully administer to herself any poison, or other
noxious thing, or shall unlawfully use any instrument or other means
whatsoever with the like intent, shall be guilty of an offence and shall be
liable to imprisonment for a term not exceeding two years.
The Criminal Code 1872 Section 72


c AT 1 of 1872 Page 27

(2) Whosoever, with intent to procure the miscarriage of any woman,
whether she be or be not with child, shall unlawfully administer to her,
or cause to be taken by her, any poison or other noxious thing, or shall
unlawfully use any instrument or other means whatsoever with the like
intent, shall be guilty of felony, and being convicted thereof shall be
liable to imprisonment for life.56

72 Procuring drugs, etc, to cause abortion

Whosoever shall unlawfully supply or procure any poison or other noxious
thing, or any instrument or thing whatsoever, knowing that the same is
intended to be unlawfully used or employed with intent to procure the
miscarriage of any woman, whether she be or be not with child, shall be guilty
of a misdemeanour, and being convicted thereof, shall be liable to imprisonment
for a term not exceeding eight years.57

Concealing the birth of a child
73 Concealing the birth of a child

If any woman shall be delivered of a child, every person who shall, by any
secret disposition of the dead body of the said child, whether such child died
before, at, or after its birth, endeavour to conceal the birth thereof, shall be
guilty of a misdemeanour, and being convicted thereof shall be liable to be
imprisoned for any term not exceeding two years: Provided that if any person
tried for the murder of any child shall be acquitted thereof, it shall be lawful for
the jury by whose verdict such person shall be acquitted to find, in case it shall
so appear in evidence that the child had recently been born, and that such
person did, by some secret disposition of the dead body of such child,
endeavour to conceal the birth thereof, and thereupon the Court may pass such
sentence as if such person had been convicted upon an indictment for the
concealment of the birth.58

Unnatural offences
74 to 76 [Repealed]
59

Other offences against the person
77 Challenging to fight a duel

Whosoever shall challenge another to fight a duel, or who shall send or deliver
any written or verbal message purporting or intending to be such challenge, or
who shall knowingly carry or deliver any such challenge or message, or who
shall be present at the time of fighting any duel with deadly weapons, either as
second or aid, or who shall advise or give any countenance or assistance to such
Section 78 The Criminal Code 1872


Page 28 AT 1 of 1872 c

duel, shall be guilty of a misdemeanour, and being convicted thereof be liable to
be imprisoned for a term not exceeding two years.60

78 [Repealed]
61

79 Maliciously defaming, libelling, etc

Whosoever, shall maliciously defame or injure another by publishing any
libellous printing, writing, sign, or picture concerning him, in order to provoke
him to wrath, or to expose him to public hatred, contempt, or ridicule, is and
shall be held to be guilty of a misdemeanour, and being convicted thereof shall
be liable to be imprisoned for any term not exceeding two years.62

80 [Repealed]
63

81 [Repealed]
64

82 Party accused may be acquitted of felony and found guilty of

wounding

If upon the trial of any indictment for any felony, except murder or
manslaughter, where the indictment shall allege that the party accused did
wound any person, the jury shall be satisfied that the party accused is guilty of
the wounding charged in such indictment, but are not satisfied that he is guilty
of the felony charged in such indictment, then and in every such case the jury
may acquit him of such felony and find him guilty of unlawfully wounding,
and thereupon he shall be liable to be punished in the same manner as if he had
been convicted of the misdemeanour of unlawfully and maliciously wounding.
83 Persons acquitted of felony may be found guilty of assault

On the trial of any person for any felony or misdemeanour whatever, where the
crime charged shall include an assault upon the person, it shall be lawful for the
jury before whom the same shall be tried to acquit of the felony or
misdemeanour charged in the indictment, and to find a verdict of guilty of
assault against the party accused if the evidence shall warrant such finding, and
when such verdict shall be found the Court shall have power to imprison the
person so found guilty of an assault for any term not exceeding two years.
The Criminal Code 1872 Section 116


c AT 1 of 1872 Page 29

MALICIOUS INJURIES TO PROPERTY

84 to 115 [Repealed]
65

Injuries to railway carriages and telegraphs
116 Placing wood, etc, on railway, with intent to obstruct or overthrow

engine, etc

Whosoever shall unlawfully and maliciously put, place, cast or throw upon or
across any railway any wood, stone, or other matter or thing, or shall
unlawfully or maliciously take up, remove, or displace any rail, sleeper, or other
matter or thing belonging to any railway, or shall unlawfully and maliciously
turn, move, or divert any points or other machinery belonging to any railway,
or shall unlawfully and maliciously make or show, hide or remove, any signal
or light upon or near to any railway, or shall unlawfully and maliciously do or
cause to be done any other matter or thing, with intent, in any of the cases
aforesaid, to obstruct, upset, overthrow, injure, or destroy any engine, tender,
carriage, or truck using such railway, or to endanger the safety of any person
travelling or being upon such railway, shall be guilty of felony, and being
convicted thereof shall be liable to imprisonment for life.66

117 Casting wood, etc, upon any railway carriage

Whosoever shall wilfully and maliciously cast, throw, or cause to fall or strike
against, into, or upon any engine, tender, carriage, or truck used upon the
railway, any wood, stone, or other matter or thing, with intent to injure or
endanger the safety of any person being in or upon such engine, tender,
carriage, or truck, shall be guilty of felony, and being convicted thereof shall be
liable to imprisonment for life.67

118 Endangering safety of travellers

Whosoever shall do any act, matter, or thing by which the safety of any person
travelling on or using such railway may be endangered, shall be guilty of a
misdemeanour, and being convicted thereof shall be liable to be imprisoned for
any term not exceeding five years.68

119 Obstructing engines or carriages on railways

Whosoever, by any unlawful act, or by any wilful omission or neglect, shall
obstruct or cause to be obstructed any engine or carriage using any railway, or
shall aid or assist therein, shall be guilty of a misdemeanour, and being
convicted thereof shall be liable to be imprisoned for any term not exceeding
five years.69

Section 120 The Criminal Code 1872


Page 30 AT 1 of 1872 c

120 Obstructing telegraphic communication

Whosoever shall unlawfully and maliciously prevent or obstruct, in any manner
whatsoever, the sending, conveyance, or delivery of any communication by any
such telegraph, shall be guilty of a misdemeanour, and being convicted thereof
shall be liable to be imprisoned for any term not exceeding two years: Provided
that if it shall appear to any two Justices, on the examination of any person
charged with any offence against this section, that it is not expedient to the ends
of justice that the same should be prosecuted by indictment, the Justices may
proceed summarily to hear and determine the same, and the offender shall, on
conviction thereof, at the discretion of the Justices, be liable to be imprisoned for
any term not exceeding three months, or else shall forfeit and pay such sum of
money, not exceeding £1,000 as to the Justices shall seem meet.70

121 Attempt to injure such telegraphs

Whosoever shall unlawfully and maliciously, by any overt act, attempt to
commit any of the offences in the last preceding section mentioned, shall, on
conviction thereof before two Justices, at the discretion of such Justices, be liable
to be imprisoned for any term not exceeding three months, or else shall forfeit
and pay such sum of money, not exceeding £1,000 as to the Justices shall seem
meet.71

122 to 124 [Repealed]
72

Injuries to ships, etc.
125 to 129 [Repealed]
73

130 Exhibiting false signals, etc

Whosoever shall unlawfully mask, alter, or remove any light or signal, or
unlawfully exhibit any false light or signal, with intent to bring any ship, vessel,
or boat into danger, or shall unlawfully and maliciously do anything tending to
the immediate loss or destruction of any ship, vessel, or boat, and for which no
punishment is hereinbefore provided, shall be guilty of felony, and being
convicted thereof shall be liable to imprisonment for life.74

131 Removing or concealing buoys and other sea marks

Whosoever shall unlawfully and maliciously cut away, cast adrift, remove, alter,
deface, sink, or destroy, or shall unlawfully and maliciously do any act with
intent to cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall in
any other manner unlawfully and maliciously injure or conceal any boat, buoy,
buoy rope, perch, or mark used or intended for the guidance of seamen, or the
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c AT 1 of 1872 Page 31

purpose of navigation, shall be guilty of felony, and being convicted thereof
shall be liable to imprisonment for a term not exceeding ten years.75

132 to 135 [Repealed]
76

Making gunpowder to commit offences
136 Making or having gunpowder, etc, with intent to commit any felony

against this Act

Whosoever shall make or manufacture, or knowingly have in his possession,
any gunpowder or other explosive substance, or any dangerous or noxious
thing, or any machine, engine, instrument, or thing, with intent thereby or by
any means thereof to commit, or for the purpose of enabling any other person to
commit, any of the felonies in this Act mentioned, shall be guilty of a
misdemeanour, and being convicted thereof shall be liable to imprisonment for
a term not exceeding five years.77

LARCENY AND OTHER SIMILAR OFFENCES

137 to 144 [Repealed]
78

As to larceny of cattle or other animals
145 and 146 [Repealed]
79

147 [Repealed]
80

148 [Repealed]
81

149 [Repealed]
82

150 Killing pigeons

Whosoever shall unlawfully and wilfully kill, wound, or take any house dove or
pigeon under such circumstances as shall not amount to larceny, shall, on
conviction before two Justices, forfeit and pay, over and above the value of the
bird, any sum not exceeding £200.
Section 151 The Criminal Code 1872


Page 32 AT 1 of 1872 c

151 [Repealed]
83

152 [Repealed]
84

As to the prevention of sheep-stealing and the detection of sheep-stealers
153 Skins, wool, and ears of sheep to be conveyed with carcase

Any person who shall carry or convey in any carriage or cart of any description,
or shall otherwise carry or convey any carcase of a sheep, or portion of the
carcase of a sheep, unless the skin, wool, and ears be carried or conveyed along
with such carcase, or portion thereof, and unless the ears of such sheep be left
attached to such skin; and any person (other than a coroner or constable) who
shall remove or detach the ears from the skin of any dead sheep within five
days after the slaughter or death of such sheep, shall incur a penalty not
exceeding £1,000 for each carcase, or portion thereof, and skin carried or
conveyed, or from which the ears shall have been so removed, to be recovered
summarily before a Justice: Provided always that this enactment shall not
extend to any butcher actually following his trade when delivering meat to the
customers of such butcher, or to any person carrying or conveying a portion of a
carcase purchased from any butcher.85

154 and 155 [Repealed]
86

156 Unlawfully clipping sheep, etc

Whosoever shall clip or shear, or partially clip or shear, any sheep, or shall alter
any ear mark, paint mark, or any other mark of a sheep, without the authority of
the owner of such sheep, shall be guilty of a misdemeanour, and being
convicted thereof shall be liable to be imprisoned for any term not exceeding
two years.87

157 to 160 [Repealed]
88

161 to 163 [Repealed]
89

164 [Repealed]
90

165 to 175 [Repealed]
91

176 Extortion by publishing libel, etc

Whosoever shall publish, or threaten to publish, any libel upon any other
person, or shall directly or indirectly propose to abstain from printing or
publishing, or shall directly or indirectly offer to prevent the printing or
publishing of any matter or thing touching any other person, with intent to
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c AT 1 of 1872 Page 33

extort any money or security for money or any valuable thing from such or any
other person, or with intent to induce any person to confer on or procure for any
person any appointment or office of profit or trust, shall be guilty of a
misdemeanour, and being convicted thereof shall be liable to be imprisoned for
any term not exceeding five years.92

177 [Repealed]
93

178 to 194 [Repealed]
94

195 and 196 [Repealed]
95

197 to 208 [Repealed]
96

209 [Repealed]
97

210 and 211 [Repealed]
98

212 and 213 [Repealed]
99

214 to 218 [Repealed]
100

219 to 223 [Repealed]
101

224 to 235 [Repealed]
102

236 [Repealed]
103

237 Abettors in offences punishable on summary conviction

Whosoever shall aid, abet, counsel, or procure the commission of any offence
which is punishable on summary conviction, either for every time of its
commission, or for the first and second time only, or for the first time only,
shall, on conviction before two Justices, be liable, for every first, second, or
subsequent offence of aiding, abetting, counselling, or procuring, to the same
forfeiture and punishment to which a person guilty of a first, second, or
subsequent offence as a principal offender is liable.
Section 238 The Criminal Code 1872


Page 34 AT 1 of 1872 c

238 and 239 [Repealed]
104

238 [Repealed]
105

FORGERY

241 and 242 [Repealed]
106

243 and 244 [Repealed]
107

245 to 268 [Repealed]
108

As to forging records, process, instruments of evidence, etc.
269 Forging copies of certificates of records, process of courts not of record,

and using forged process

Whosoever, being the clerk of any such Court, or other officer having the
custody of the records or other documents of any such Court, or being the
deputy of any such clerk or officer, shall utter any false copy or certificate of any
record or other document, knowing the same to be false; and whosoever shall
deliver or cause to be delivered to any person any paper falsely purporting to be
any such process, or a copy thereof, or to be any judgment, decree, or order of
any Court of law or equity, or a copy thereof, knowing the same to be false, or
shall act or profess to act under any such false process, knowing the same to be
false, shall be guilty of felony.109

270 [Repealed]
110

271 Punishment

Whosoever shall be convicted of any of the offences in the last three sections
specified shall be liable to imprisonment for a term not exceeding ten years.111

272 to 274 [Repealed]
112

As to falsely acknowledging recognizances, etc.
275 Acknowledging recognizance, bail, judgment, etc, in the name of

another without authority

Whosoever, without lawful authority or excuse (the proof whereof shall lie on
the party accused), shall, in the name of any other person, acknowledge any
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c AT 1 of 1872 Page 35

recognizance or bail, or judgment, or any deed or other instrument, before any
Court, Judge, or other person lawfully authorised in that behalf, shall be guilty
of felony, and being convicted thereof shall be liable to imprisonment for a term
not exceeding ten years.113

276 [Repealed]
114

As to forging registers of births, marriages and deaths
277 Forging registers of births, baptisms, marriages, civil partnerships,

deaths or burials

Whosoever shall unlawfully destroy, deface, or injure, or cause or permit to be
destroyed, defaced, or injured, any register of births, baptisms, marriages, civil
partnerships, deaths, or burials, which now is or hereafter shall be by law
authorised or required to be kept in this Island, or any part of any such register,
or any certified copy of any such register, or any part thereof, or shall
knowingly and unlawfully insert or cause or permit to be inserted in any such
register, or in any certified copy thereof, any false entry of any matter relating to
any birth, baptism, marriage, civil partnership, death, or burial, or shall
knowingly and unlawfully give any false certificate relating to any birth,
baptism, marriage, civil partnership, death, or burial, or shall certify any writing
to be a copy or extract from any such register, knowing such writing, or the part
of such register whereof such copy or extract shall be so given, to be false in any
material particular, or shall offer, utter, dispose of, or put off any such register,
entry, certified copy, or certificate, knowing the same to be false, or shall offer,
utter, dispose of, or put off any copy of any entry in any such register, knowing
such entry to be false, shall be guilty of felony, and being convicted thereof shall
be liable to imprisonment for a term not exceeding fourteen years.115

278 Making false entries in copies of register sent to registrar

Whosoever shall knowingly and wilfully insert or cause or permit to be inserted
in any copy of any register directed or required by law to be transmitted to any
registrar or other officer any false entry of any matter relating to any baptism,
marriage, or burial, or shall knowingly and wilfully sign or verify any copy of
any register so directed or required to be transmitted as aforesaid, which copy
shall be false in any part thereof, knowing the same to be false, or shall
unlawfully destroy, deface, or injure, or shall for any fraudulent purpose take
from its place of deposit, or conceal, any such copy of any register, shall be
guilty of felony, and being convicted thereof shall be liable to imprisonment for
a term not exceeding fourteen years.116

Section 284 The Criminal Code 1872


Page 36 AT 1 of 1872 c

279 to 281 [Repealed]
117

282 and 283 [Repealed]
118

As to other matters
284 Intent to defraud particular persons need not be alleged or proved

It shall be sufficient in any indictment for forging, altering, uttering, offering,
disposing of, or putting off any instrument whatsoever, where it shall be
necessary to allege an intent to defraud, to allege that the party accused did the
act with intent to defraud, without alleging an attempt to defraud any particular
person; and on the trial of any such offence it shall not be necessary to prove an
intent to defraud any particular person, but it shall be sufficient to prove that
the party accused did the act charged with an intent to defraud.
285 and 286 [Repealed]
119

OFFENCES RELATING TO THE COIN

287 to 302 [Repealed]
120

303 to 308 [Repealed]
121

309 to 313 [Repealed]
122

OFFENCES AGAINST PUBLIC JUSTICE

314 [Repealed]
123

315 Administering oath to commit treason or felony

Whosoever shall administer or cause to be administered, or aid or assist at the
administering of, any oath or engagement purporting or intending to bind the
person taking the same to commit any treason or murder, shall be guilty of
felony, and being convicted thereof shall be liable to imprisonment for life.124

316 Taking any such oath

Whosoever shall take any oath or engagement purporting or intending to bind
the person taking the same to commit any treason or murder, not being
compelled thereto, shall be guilty of felony, and being convicted thereof shall be
liable to imprisonment for life.125

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c AT 1 of 1872 Page 37

317 Compounding offences, etc

Whosoever, having a knowledge of the actual commission of any offence
punishable by fine, or imprisonment, shall take any money or property of
another, or any gratuity, or reward, or any engagement or promise therefor,
upon any agreement or understanding, express or implied, to compound or
conceal any such offence, or to abstain from the prosecution therefor, or to
withhold any evidence thereof, shall be guilty of a misdemeanour, and, being
convicted thereof, shall be liable to be imprisoned for any term not exceeding
one year, or fined in any sum, or both, as the Court pronouncing such judgment
shall think fit; and upon the trial of any information for any offence above
specified, it shall not be necessary to prove the conviction of any offender for
the offence in relation to which any agreement or understanding above
prohibited shall have been made, nor shall it be competent to the defendant to
plead or prove the acquittal of the person charged with any such offence, in bar
of his own conviction.126

Making affray in any court of justice, etc.
318 Obstructing any officer in the execution of his duty, etc

Whosoever shall maliciously strike another or make affray in any of the Courts
of Justice of the Island, or use threatening and reproachful words to the Judge or
Court, the Judge or Court being then sitting, or whosoever shall knowingly and
wilfully obstruct any officer or other person in the execution of lawful process,
or knowingly and wilfully resist or oppose any officer of justice, or any person
who shall be aiding and assisting to such officer in the execution of any writ, or
of any legal process, execution, or extent, shall be guilty of a misdemeanour,
and being convicted thereof, shall be liable to be imprisoned for any term not
exceeding two years: Provided always, that nothing herein contained shall
extend, or be construed to extend, to affect, abridge, or alter the power of Courts
of Justice or Magistrates to punish contempts as formerly accustomed; and the
Clerk of the Rolls, and Registrars of the Ecclesiastical Courts, when in the
execution of their respective offices, have and shall continue to have the power
of punishing contempts in like manner as any Court or Magistrate within the
said Isle.127

319 Neglecting to execute any writ, etc, or permitting any person to be at

large who ought to be arrested

If any coroner, sumner, constable, or other officer, shall wilfully forbear to
execute any writ, process, warrant, or other legal instrument lodged in his
hands for the purpose of being duly executed, or shall wilfully permit any
person to be at large when such person ought to be arrested and taken by such
officer, then and in either case such officer shall be guilty of a misdemeanour.
Section 320 The Criminal Code 1872


Page 38 AT 1 of 1872 c

320 Breaking prison, etc

Whosoever, being lawfully in prison, shall break prison, or, being lawfully
arrested or confined, shall escape or attempt to escape, shall be guilty of a
misdemeanour.
321 Punishment

Whosoever shall be convicted of any of the last two mentioned misdemeanours
shall be liable to be imprisoned for any term not exceeding two years.128

322 Rescuing or attempting to rescue any person imprisoned, or

negligently suffering a person to escape

(1) Whosoever shall forcibly rescue, or attempt to rescue, a person lawfully
arrested or imprisoned, or shall voluntarily permit or negligently suffer a
person to escape, who shall have been lawfully arrested or confined,
shall be guilty of a misdemeanour, and being convicted thereof shall be
liable to imprisonment for a term not exceeding ten years.129

323 [Repealed]
130

324 [Repealed]
131

325 to 327 [Repealed]
132

328 [Repealed]
133

329 [Repealed]
134

330 Conspiracy, etc

When two or more persons shall conspire either to commit any offence or to
charge another with any crime, or falsely and maliciously to cause any person
or persons to be indicted or informed against for any offence, or to procure
another to be arrested or charged for any such offence; or falsely to move or
maintain any suit; or to cheat and defraud any person of any property by any
means which are in themselves criminal; or to cheat and defraud any person of
any property by any means which, if executed, would amount to a cheat, or
obtaining money or property by false pretences; or to effect legal purposes by
improper means; or to commit any act injurious to public order, to public
health, to public morals, or for the perversion or obstruction of justice or the due
administration of the laws, such two or more persons are and shall be severally
held to be guilty of misdemeanour, and being convicted thereof shall be liable to
be imprisoned for any term not exceeding ten years.135

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c AT 1 of 1872 Page 39

330A Computer security conspiracy

(1) Subject to section 8 of the Computer Security Act 1992 (relevance of
external law), if this subsection applies to an agreement, section 330 of
this Act has effect in relation to it as it has effect in relation to an
agreement falling within that section.
(2) Subsection (1) applies to an agreement if —
(a) a party to it, or a party’s agent, did anything in the Island in
relation to it before its formation; or
(b) a party to it became a party in the Island (by joining it either in
person or through an agent); or
(c) a party to it, or a party’s agent, did or omitted anything in the
Island in pursuance of it;
and the agreement would fall within section 330 of this Act as an
agreement relating to the commission of a computer security offence but
for the fact that the offence would not be an offence triable in the Island if
committed in accordance with the parties’ intentions.
(3) In the application of section 330 of this Act to an agreement to which
subsection (2) applies any reference to an offence shall be read as a
reference to what would be the computer security offence in question but
for the fact that it is not an offence triable in the Island.
(4) In this section “computer security offence” means an offence under the
Computer Security Act 1992.136

331 Falsely personating, etc

Whosoever shall falsely represent or personate another, and in such assumed
character shall marry another, or do any act in the course of any suit,
proceeding, or prosecution, whereby the person so represented or personated
may be made liable in any event to the payment of any debt, fine, penalty,
damage, costs, or sum of money, or his rights or interests may in any manner be
affected, shall be guilty of a misdemeanour, and being convicted thereof shall be
liable to be imprisoned for any term not exceeding two years.137

CERTAIN OFFENCES AGAINST THE PUBLIC PEACE

332 Riot

When three or more persons assemble together with an intent mutually to assist
one another against any who shall oppose them in the execution of some
enterprise of a private nature, with force and violence, against the peace, or to
the manifest terror of the people, whether the act intended were of itself lawful
or not, they and each of them shall be guilty of a misdemeanour; when three or
more persons, violently, riotously, and in a tumultuous manner, against the
Section 333 The Criminal Code 1872


Page 40 AT 1 of 1872 c

public peace, and to the manifest terror of the people, do any act, whether in
itself lawful or unlawful, they and each of them shall be held to be guilty of a
riot and a misdemeanour.
333 Forcible entry

Whosoever shall violently enter into the possession of lands or tenements in the
occupation of another, with menaces or force, without authority of law, shall be
guilty of a misdemeanour.
334 Forcible detainer

Whosoever shall unlawfully keep possession of lands or tenements, by menaces
or force, shall be guilty of a misdemeanour.
335 Spreading false news

Whosoever shall spread false news, knowing the same to be false, with intent to
produce discord, tumults, or strife between her Majesty’s subjects, shall be
guilty of a misdemeanour.
336 Attempt to commit a misdemeanour

Whosoever shall solicit or endeavour to procure any other person to commit a
felony or misdemeanour, any such solicitation or endeavour not being
otherwise hereinbefore provided for, shall be guilty of a misdemeanour.138

337 Punishment under last five sections

When any person shall be convicted of any of the offences hereinbefore in the
last five sections specified, he shall be liable to imprisonment for a term not
exceeding one year and to a fine.139

OFFENCES AGAINST THE PUBLIC HEALTH AND THE

PUBLIC POLICE OR ECONOMY

338 [Repealed]
140

339 Removing dead bodies to sell, etc, the same

Whosoever shall remove the dead body of any human being from the grave, or
other place of interment, for the purpose of selling the same, or for the purpose
of dissection (where dissection has not been allowed by competent authority),
or from mere wantonness, or without lawful authority, shall be guilty of a
misdemeanour.
The Criminal Code 1872 Section 340


c AT 1 of 1872 Page 41

340 Purchasing dead bodies

Whosoever shall purchase or receive such dead body, or any part thereof, not
having been lawfully disinterred (the proof whereof shall lie on the party
accused) shall be guilty of a misdemeanour.
341 Opening graves with intent to remove dead bodies for the purpose of

selling or dissecting

Whosoever shall open a grave, or other place of interment, with intent to
remove the dead body of any human being, without lawful authority, or with
intent to steal the coffin or any part thereof, or the vestments or other articles
interred with any dead body, shall be guilty of a misdemeanour.
342 Endangering public personal safety

Whosoever will wilfully endanger the public personal safety by any unlawful
act, or shall do, cause, occasion, promote, maintain, or continue what is noisome
and offensive, or manifestly hurtful to the public; or injure or annoy or tend to
injure the public in the enjoyment of any public right or privilege, or cause
directly, or manifestly tend to cause, any public calamity, mischief, or disorder,
or any common injury or damage to the public in respect to their habitations,
personal safety, health, or property, the same being without authority or
justification by law, shall be guilty of a misdemeanour; and it shall not be
essential that any such unlawful act should be to the general injury of all Her
Majesty’s subjects, but it shall be held to be sufficient if it injure or prejudice a
class only of such subjects; and no act, being a common nuisance within the
meaning of this section, shall be deemed justifiable or excusable on the ground
that it is productive of some compensating convenience or advantage to the
public.
343 [Repealed]
141

344 [Repealed]
142

345 [Repealed]
143

346 [Repealed]
144

347 Other offences not specified

Whosoever shall do any other act or thing (not hereinbefore or in any other
unrepealed Act of Tynwald or bye-law made by authority of any Act of
Tynwald, specified or referred to, or otherwise provided for by law), in
contempt of God or religion, or in contempt of the Queen’s Government, or
against public justice, or against public trade, or against the public health, or to
Section 348 The Criminal Code 1872


Page 42 AT 1 of 1872 c

the disturbance of the public peace, or injurious to public morals, or outraging
decency, shall be guilty of a misdemeanour.
348 Punishment under ten preceding sections

Whosoever shall be convicted of any of the misdemeanours hereinbefore in the
last ten sections specified shall be liable to imprisonment for a term not
exceeding two years and to a fine.145

CARD SHARPERS

349 [Repealed]
146

PRINCIPALS IN THE SECOND DEGREE: ACCESSORIES AND

ABETTORS

As to accessories before the fact
350 Accessories before the fact to any felony may be punished in the same

degree as the principal

Whosoever shall be a principal in the second degree to any felony, or shall
become an accessory before the fact to any felony, shall be guilty of felony, and
may be indicted or proceeded against by information, tried, convicted, and
punished in all respects as if he were a principal felon.
351 Accessories before the fact may be tried as such, as substantive felons

Whosoever shall counsel, procure, or command any other person to commit any
felony, shall be guilty of felony, and may be indicted, tried, and convicted either
as an accessory before the fact to the principal felony, together with the
principal felon, or after the conviction of the principal felon, or may be indicted,
tried, and convicted of a substantive felony, whether the principal felon shall or
shall not have been previously convicted or shall or shall not be amenable to
justice, and may thereupon be punished in the same manner as any accessory
before the fact to the same felony, if convicted as an accessory, may be
punished; and the offence of the person so counselling, procuring, or
commanding, howsoever indicted, may be inquired of, tried, determined, and
punished by any Court which shall have jurisdiction to try the principal felon.
The Criminal Code 1872 Section 354


c AT 1 of 1872 Page 43

352 and 353 [Repealed]
147

As to accessories generally
354 Accessories may be prosecuted though the principal is not attainted

If any principal offender shall be in anywise convicted of any felony, it shall be
lawful to proceed against any accessory, either before or after the fact, in the
same manner as if such principal felon had been attainted thereof,
notwithstanding such principal felon shall die or be pardoned, or otherwise
delivered before attainder, and every such accessory shall suffer the same
punishment, if he be in anywise convicted, as he should have suffered if the
principal had been attainted.
355 Accessories of stolen property may be charged with several felonies in

one indictment

Any number of accessories at different times to any felony may be charged with
substantive felonies in the same indictment or information or at the same
inquiry, and may be tried together, notwithstanding the principal felon shall not
be included in the same indictment or shall not be in custody or amenable to
justice.148

As to abettors in misdemeanours
356 As to abettors in misdemeanours

Whosoever shall aid, abet, counsel, or procure the commission of any
misdemeanour, shall be liable to be indicted or proceeded against by
information or petition, tried, and punished as a principal offender.
Section 367 The Criminal Code 1872


Page 44 AT 1 of 1872 c

PROCEDURE, ETC.

357 to 359 [Repealed]
149

360 to 363 [Repealed]
150

364 to 366 [Repealed]
151

367 [Repealed]
152

368 [Repealed]
153

369 [Repealed]
154

370 [Repealed]
155

371 to 373 [Repealed]
156

374 [Repealed]
157

375 and 376 [Repealed]
158

377 [Repealed]
159

378 and 379 [Repealed]
160

380 [Repealed]
161

381 [Repealed]
162

382 to 384 [Repealed]
163

385 to 387 [Repealed]
164

388 and 389 [Repealed]
165

390 [Repealed]
166

391 [Repealed]
167

The Criminal Code 1872 Section 392


c AT 1 of 1872 Page 45

And that the punishment of offenders may be less frequently intercepted in consequence
of technical niceties
392 What shall not be sufficient to stay judgment after verdict

No judgment after verdict upon any indictment for any felony or
misdemeanour shall be stayed by reason that the jury process has been awarded
to a wrong officer, nor for any misnomer or misdescription of the officer
returning such process, or of any of the jurors, nor because any person has
served upon the jury who has not been returned as a juror by the proper officer;
and when the offence charged has been created by any statute, or subjected to a
greater degree of punishment, the indictment shall, after verdict, be held
sufficient to warrant the punishment prescribed by the statute.168

And to prevent all doubts respecting the civil rights of persons convicted of felonies,
who have undergone the punishment to which they were adjudged
393 Every punishment for felony, after it has been endured, shall have the

effect of a pardon

Where any offender hath been or shall be convicted of any felony, and hath
endured or shall endure the punishment to which such offender hath been or
shall be adjudged for the same, the punishment so endured hath and shall have
the like effects and consequences as a pardon as to the felony whereof the
offender was so convicted: Provided always, that nothing herein contained, nor
the enduring of such punishment, shall prevent or mitigate any punishment to
which the offender might otherwise be lawfully sentenced on a subsequent
conviction for any other felony.169

394 and 395 [Repealed]
170

396 and 397 [Repealed]
171

398 Act not to interfere with the prerogative of the Crown to pardon, etc

Nothing in this Act contained shall be held or deemed in anywise to interfere
with the prerogative of the Crown to pardon or remit in whole or in part any
sentence or judgment, or to commute, upon such conditions or upon such terms
as to the Crown shall seem meet, any sentence or judgment which may have
been recorded or pronounced against any offender under the provisions of this
Act.
Section 399 The Criminal Code 1872


Page 46 AT 1 of 1872 c

399 [Repealed]
172

AS TO APPREHENSION OF OFFENDERS AND OTHER

PROCEEDINGS

400 Power of arrest for person offered property

Any person to whom any property shall be offered to be sold, pawned, or
delivered, if he shall have reasonable cause to suspect that any offence
punishable either upon information or upon summary conviction by virtue of
this Act shall have been committed on or with respect to such property, is
hereby authorised to apprehend and forthwith take before a Justice the party
offering the same, together with such property, to be dealt with according to
law.173

401 [Repealed]
174

402 [Repealed]
175

403 A summary conviction shall be a bar to any other proceeding for the

same cause

In case any person convicted of any offence punishable upon summary
conviction shall have paid the sum adjudged to be paid, together with costs,
under such conviction, or shall have received a remission thereof from the
Crown or from the Governor of this Isle, or shall have suffered the
imprisonment awarded for non-payment thereof, or the imprisonment
adjudged in the first instance, or shall have been so discharged from his
conviction by any Justice as aforesaid, in every such case he shall be released
from all further or other proceedings for the same cause.
404 Actions against persons acting under this Act

All actions and prosecutions to be commenced against any person for anything
done in pursuance of this Act, or of any Act conferring summary jurisdiction,
shall be commenced within six months after the fact committed, and not
otherwise; and notice in writing of such action and of the cause thereof shall be
given to the defendant one month at least before the commencement of the
action; and in any such action the defendant may plead the general issue, and
give this Act and the special matter in evidence at any trial to be had thereupon;
and no plaintiff shall recover costs in any such action if tender of sufficient
amends shall have been made before such action brought, or during the
pendency of such action, by or in behalf of the defendant, if the plaintiff shall
only obtain a verdict for a sum not exceeding the amount tendered, he shall
only recover the same with costs to the time of such tender, and the defendant
The Criminal Code 1872 Section 405


c AT 1 of 1872 Page 47

shall recover from the plaintiff his costs incurred after such tender; and if a
verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or
discontinue any such action after issue joined, or if upon demurrer or otherwise
judgment shall be given against the plaintiff, the defendant shall recover his full
costs; and though a verdict shall be given for the plaintiff in any such action for
any sum not exceeding £2, such plaintiff shall not have costs against the
defendant unless the Judge before whom the trial shall be shall certify his
approbation of the action:
Provided always, that nothing in this section contained shall alter or in anywise
interfere with the provisions of the “Petty Sessions and Summary Jurisdiction Act,
one thousand eight hundred and sixty-eight”.176

405 [Repealed]
177

406 and 407 [Repealed]
178

408 and 409 [Repealed]
179

410 Summary proceedings may be under the Summary Jurisdiction Act 1989

Every offence hereby made punishable on summary conviction may be
prosecuted, so far as no provision is hereby made for any matter or thing which
may be required to be done in the course of such prosecution, in accordance
with the Summary Jurisdiction Act 1989.180

411 Costs of private prosecution for misdemeanours

The Court before which any misdemeanour on the prosecution of a private
prosecutor shall be tried may, if it shall think fit, on the conviction of the
defendant, order that the costs of the prosecutor be paid to him by the
defendant; and in case of the acquittal of the defendant, or if for any cause the
Court may dismiss the petition, it may, if it shall think fit, order that the costs of
the defendant be paid to him by the prosecutor. All such costs shall include
those incurred in the preliminary proceedings before the justice by whom the
defendant was committed for trial, unless the Court think fit otherwise to order.
Where such costs are payable by the defendant the Court may order either that
after the expiry of the sentence for the offence of which the defendant may have
been convicted, he shall be further imprisoned until the costs be paid, or that
such costs be levied by execution; and if the costs be payable by the prosecutor
the same shall be levied by execution.181

412 Malice against owners of property need not be proved

Every punishment and forfeiture by this Act imposed on any person
maliciously committing any offence, whether the same be punishable upon
Section 413 The Criminal Code 1872


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indictment or upon summary conviction, shall equally apply, and be enforced,
whether the offence shall be committed from malice conceived against the
owner of the property in respect of which it shall be committed or other person.
413 Provisions of this Act shall apply to persons in possession of the

property injured

Every provision of this Act not hereinbefore so applied shall apply to every
person who, with intent to injure or defraud any other person, shall do any of
the acts hereinbefore made penal, although the offender shall be in possession
of the property against or in respect of which such act shall be done.
414 Intent to injure or defraud particular persons need not be stated in any

indictment

It shall be sufficient in any indictment for any offence against this Act where it
shall be necessary to allege an intent to injure or defraud, to allege that the party
accused did the act with intent to injure or defraud (as the case may be), without
alleging an intent to injure or defraud any particular person; and on the trial of
any such offence, it shall not be necessary to prove an intent to injure or defraud
any particular person; but it shall be sufficient to prove that the party accused
did the act charged with an intent to injure or defraud (as the case may be).
415 Abettors in offences punishable on summary conviction

Whosoever shall aid, abet, counsel, or procure the commission of any offence
punishable on summary conviction, either for every time of its commission, or
for the first and second time only, or for the first time only, shall, on conviction,
be liable, for every first, second, or subsequent offence of aiding, abetting,
counselling, or procuring, to the same forfeiture and punishment to which a
person guilty of a first, second, or subsequent offence as a principal offender is
by this Act made liable.
416 and 417 [Repealed]
182

418 [Repealed]
183

419 to 421 [Repealed]
184

422 Interpretation of terms

The following words and expressions in this Act used shall, for the purposes of
this Act, bear the following meaning in addition to their own proper
signification, unless there be something in the subject or context repugnant to
such construction:
The Criminal Code 1872 Section 422


c AT 1 of 1872 Page 49

The word “indictment
” shall mean any information at the suit or instance of the
Attorney-General, or petition in the nature of an information at the suit
or instance of any private prosecutor, against any person for any offence
punishable under this Act.185

The expression “indictable misdemeanour
” shall include all misdemeanours
punishable upon indictment.186

The expression “indictable offence
” shall include all offences punishable upon
indictment.187

The word “indicted
” shall mean informed against, and either by information or
petition.188

The word “felony
” means any offence which is by any Act specifically declared
to be a felony.189

The word “misdemeanour
” means any offence which is not a felony.190

“common gaol
” [Repealed]191

The word “Justice
” shall mean Justice of the Peace, and shall include High-
Bailiff, whether such High-Bailiff be a Justice or not.
The expression “party aggrieved
” shall apply to a company or corporation as
well as to an individual.
The word “cattle
” shall include horse, mare, gelding, colt, filly, mule, ass, bull,
cow, ox, heifer, calf, ram, ewe, sheep, lamb, goat, kid, boar, sow, hog, or
pig; and the word “sheep
” shall include ram, ewe, or lamb.
The term “document of title to goods
” shall include any bill of lading, India
warrant, dock warrant, warehouse keepers” certificate, warrant or order
for the delivery or transfer of any goods or valuable thing, bought and
sold note, or any other document used in the ordinary course of business
as proof of the possession or control of goods, or authorising or
purporting to authorise, either by indorsement or by delivery, the
possessor of such document to transfer or receive any goods thereby
represented or therein mentioned or referred to.
The term “document of title to lands
” shall include any deed, map, paper, or
parchment, written or printed, or partly written and partly printed, being
or containing evidence of the title or any part of the title to any real
estate, or to any interest in or out of any real estate.
“trustee
” [Repealed]192

“valuable security
” [Repealed]193

The term “property
” shall include every description of real and personal
property, valuable securities, goods and chattels, money, debts, and
legacies, and all deeds and instruments relating to or evidencing the title
or right to any property, or giving a right to recover or receive any
money or goods, documents of title to goods, documents of titles to
Section 423 The Criminal Code 1872


Page 50 AT 1 of 1872 c

lands, and shall also include not only such property as shall have been
originally in the possession or under the control of any party, but also
any property into or for which the same may have been converted or
exchanged, and any thing acquired by such conversion or exchange,
whether immediate or otherwise.
The term “public company
” shall include any joint stock company.
“night
” [Repealed]194

423 Short title

This Act may be cited for all purposes as “The Criminal Code, one thousand
eight hundred and seventy-two”.
The Criminal Code 1872 Schedule



c AT 1 of 1872 Page 51

SCHEDULE
195

The Criminal Code 1872 Endnotes


c AT 1 of 1872 Page 53

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 1 repealed by Criminal Law Act 1981 Sch 8. 2
S 2 amended by Legislation Act 2015 s 99. 3
S 7 amended by Death Penalty Abolition Act 1993 Sch 1. 4
S 8 amended by Criminal Law Act 1981 Sch 7. 5
S 10 repealed by Criminal Code (Informations) Act 1920 Sch 2. 6
S 11 amended by Criminal Law Act 1981 Sch 7. 7
S 12 amended by Criminal Law Act 1981 Sch 7 and by Criminal Justice (Penalties,
Etc.) Act 1993 Sch 2. 8
S 13 amended by Criminal Law Act 1981 Sch 7. 9
S 16 amended by Fines Act 1986 Sch 2. 10
S 18 amended by Death Penalty Abolition Act 1993 Sch 1. 11
S 19 amended by Criminal Law Act 1981 Sch 7. 12
S 20 amended by Criminal Law Act 1981 Sch 7. 13
S 21 repealed by Criminal Code (Informations) Act 1920 Sch 2 and inserted by
Criminal Law (Amendment) Act 1985 s 1. 14
S 21A inserted by Criminal Law (Amendment) Act 1985 s 1. 15
S 21B inserted by Criminal Law (Amendment) Act 1985 s 1. 16
S 22A inserted by Criminal Justice Act 1991 Sch 4. 17
S 28 amended by Criminal Law Act 1981 Sch 7. 18
Ss 29 and 30 repealed by Criminal Law Act 1981 Sch 8. 19
S 31 amended by Criminal Law Act 1981 Sch 7 and by Criminal Justice Act 2001 s 7. 20
S 32 amended by Criminal Law Act 1981 Sch 7. 21
S 33 amended by Criminal Law Act 1981 Sch 7.
Endnotes The Criminal Code 1872


Page 54 AT 1 of 1872 c

22
S 35 amended by Criminal Law Act 1981 Sch 7. 23
S 36 amended by Criminal Law Act 1981 Sch 7. 24
S 37 amended by Criminal Law Act 1981 Sch 7. 25
S 38 amended by Criminal Law Act 1981 Sch 7. 26
S 39 amended by Criminal Law Act 1981 Sch 7. 27
S 41 amended by Criminal Law Act 1981 Sch 7. 28
S 42 amended by Criminal Law Act 1981 Sch 7. 29
S 43 amended by Criminal Law Act 1981 Sch 7. 30
S 44 amended by Criminal Law Act 1981 Sch 7. 31
S 45 amended by Criminal Law Act 1981 Sch 7. 32
S 46 amended by Statute Law Revision Act 1997 Sch 1. 33
S 47 amended by Criminal Law Act 1981 Sch 7. 34
S 48 repealed by Criminal Law Act 1981 Sch 8. 35
S 49 amended by Criminal Law Act 1981 Sch 7. 36
S 50 amended by Criminal Law Act 1981 Sch 7. 37
S 51 amended by Criminal Law Act 1981 Sch 7. 38
S 52 amended by Criminal Law Act 1981 Sch 7. 39
Ss 53 and 54 repealed by Criminal Law Act 1981 Sch 8. 40
S 55 amended by Criminal Law Act 1981 Sch 7. 41
Ss 56 to 58 repealed by Petty Sessions and Summary Jurisdiction Act 1927 Sch 1. 42
S 59 amended by Criminal Law Act 1981 Sch 7. 43
S 60 amended by Criminal Law Act 1981 Sch 7. 44
S 60A inserted by Criminal Justice Act 1991 Sch 4. Subs (2) added by Criminal Justice
Act 1996 s 6. 45
Subs (1) amended by Criminal Justice Act 1996 s 6. 46
S 60B inserted by Criminal Justice Act 1991 Sch 4. 47
Para (c) amended by Criminal Justice, Police Powers and Other Amendments Act
2014 Sch 3. 48
S 60C inserted by Criminal Justice Act 1991 Sch 4. 49
S 60D inserted by Criminal Justice Act 1991 Sch 4. 50
S 60E inserted by Criminal Justice Act 1991 Sch 4. 51
S 61 repealed by Sexual Offences Act 1967 Sch 4. 52
Ss 62 to 65 repealed by Criminal Code Amendment Act 1886 s 3. 53
Ss 66 to 68 repealed by Sexual Offences Act 1967 Sch 4. 54
S 69 repealed by Child Custody Act 1987 Sch 6. 55
S 70 amended by Criminal Law Act 1981 Sch 7. 56
S 71 substituted by Criminal Law Act 1981 Sch 7. 57
S 72 amended by Criminal Law Act 1981 Sch 7. 58
S 73 amended by Criminal Law Act 1981 Sch 7. 59
Ss 74 to 76 repealed by Sexual Offences Act 1967 Sch 4. 60
S 77 amended by Criminal Law Act 1981 Sch 7. 61
S 78 repealed by Criminal Law Act 1981 Sch 8.
The Criminal Code 1872 Endnotes


c AT 1 of 1872 Page 55

62
S 79 amended by Criminal Law Act 1981 Sch 7 and by Criminal Jurisdiction Act 1993
Sch 4. 63
S 80 repealed by Theft Act 1981 Sch 2. 64
S 81 repealed by Criminal Law Act 1981 Sch 8. 65
Ss 84 to 115 repealed by Criminal Damage Act 1981 Sch. 66
S 116 amended by Criminal Law Act 1981 Sch 7. 67
S 117 amended by Criminal Law Act 1981 Sch 7. 68
S 118 amended by Criminal Damage Act 1981 Sch and by Criminal Law Act 1981 Sch
7. 69
S 119 amended by Criminal Law Act 1981 Sch 7. 70
S 120 amended by Criminal Damage Act 1981 Sch and by Criminal Law Act 1981 Sch
7. 71
S 121 amended by Criminal Law Act 1981 Sch 7. 72
S 122 to 124 repealed by Criminal Damage Act 1981 Sch. 73
Ss 125 to 129 repealed by Criminal Damage Act 1981 Sch. 74
S 130 amended by Criminal Law Act 1981 Sch 7. 75
S 131 amended by Criminal Law Act 1981 Sch 7. 76
Ss 132 to 135 repealed by Criminal Damage Act 1981 Sch. 77
S 136 amended by Criminal Law Act 1981 Sch 7. 78
Ss 137 to 144 repealed by Larceny Act 1946 Sch. 79
Ss 145 and 146 repealed by Larceny Act 1946 Sch. 80
S 147 repealed by Criminal Law Act 1981 Sch 8. 81
S 148 repealed by Larceny Act 1946 Sch. 82
S 149 repealed by Petty Sessions and Summary Jurisdiction Act 1927 Sch 1. 83
S 151 repealed by Inland Fisheries Act 1976 Sch 5. 84
S 152 repealed by Criminal Law Act 1981 Sch 8. 85
S 153 amended by Criminal Law Act 1981 Sch 7. 86
Ss 154 and 155 repealed by Criminal Law Act 1981 Sch 8. 87
S 156 amended by Criminal Law Act 1981 Sch 8. 88
Ss 157 to 160 repealed by Theft Act 1981 Sch 2. 89
Ss 161 to 163 repealed by Larceny Act 1946 Sch. 90
S 164 repealed by Theft Act 1981 Sch 2. 91
Ss 165 to 175 repealed by Larceny Act 1946 Sch. 92
S 176 amended by Criminal Law Act 1981 Sch 7. 93
S 177 repealed by Theft Act 1981 Sch 2. 94
Ss 178 to 194 repealed by Larceny Act 1946 Sch. 95
Ss 195 and 196 repealed by Wreck and Salvage (Ships and Aircraft) Act 1979 Sch 2. 96
Ss 197 to 208 repealed by Larceny Act 1946 Sch. 97
S 209 repealed by Criminal Code (Informations) Act 1920 Sch 2. 98
Ss 210 and 211 repealed by Larceny Act 1946 Sch. 99
Ss 212 and 213 repealed by Criminal Code Amendment Act 1914 Sch. 100
Ss 214 to 218 repealed by Larceny Act 1946 Sch.
Endnotes The Criminal Code 1872


Page 56 AT 1 of 1872 c

101
Ss 219 to 223 repealed by Theft Act 1981 Sch 2. 102
Ss 224 to 235 repealed by Larceny Act 1946 Sch. 103
S 236 repealed by Theft Act 1981 Sch 2. 104
Ss 238 and 239 repealed by Larceny Act 1946 Sch. 105
S 240 repealed by Theft Act 1981 Sch 2. 106
Ss 241 and 242 repealed by Forgery Act 1952 Sch. 107
Ss 243 and 244 repealed by Theft Act 1981 Sch 2. 108
Ss 245 to 268 repealed by Forgery Act 1952 Sch. 109
S 269 amended by Forgery Act 1952 Sch. 110
S 270 repealed by Forgery Act 1952 Sch. 111
S 271 amended by Criminal Law Act 1981 Sch 7. 112
Ss 272 to 274 repealed by Forgery Act 1952 Sch. 113
S 275 amended by Criminal Law Act 1981 Sch 7. 114
S 276 repealed by Forgery Act 1952 Sch. 115
S 277 amended by Forgery Act 1952 Sch, by Criminal Law Act 1981 Sch 7 and by
Civil Partnership Act 2011 Sch 14. 116
S 278 amended by Forgery Act 1952 Sch and by Criminal Law Act 1981 Sch 7. 117
Ss 279 to 281 repealed by Forgery Act 1952 Sch. 118
S 282 and 283 repealed by Criminal Code (Informations) Act 1920 Sch 2. 119
Ss 285 and 286 repealed by Forgery Act 1952 Sch. 120
Ss 287 to 302 repealed by Coinage Offences Act 1980 Sch 2. 121
Ss 303 to 308 repealed by Counterfeit Currency (Convention) Act 1938 s 4. 122
Ss 309 to 313 repealed by Coinage Offences Act 1980 Sch 2. 123
S 314 repealed by Criminal Law Act 1981 Sch 8. 124
S 315 amended by Criminal Law Act 1981 Sch 7 and by Statute Law Revision Act
1997 Sch 2. 125
S 316 amended by Criminal Law Act 1981 Sch 7 and by Statute Law Revision Act
1997 Sch 2. 126
S 317 amended by Criminal Law Act 1981 Sch 7 and by Death Penalty Abolition Act
1993 Sch 2. 127
S 318 amended by Criminal Law Act 1981 Sch 7. 128
S 321 amended by Criminal Law Act 1981 Sch 7. 129
S 322 amended by Criminal Law Act 1981 Sch 7. 130
S 323 repealed by Bribery Act 2013 Sch 2. 131
S 324 repealed by Criminal Law Act 1981 Sch 8. 132
Ss 325 to 327 repealed by Perjury Act 1952 Sch. 133
S 328 repealed by Criminal Code (Informations) Act 1920 Sch 2. 134
S 329 repealed by Perjury Act 1952 Sch. 135
S 330 amended by Criminal Law Act 1981 Sch 7, by Trade Disputes Act 1985 Sch and
by Criminal Justice Act 1991 Sch 4. 136
S 330A inserted by Computer Security Act 1992 s 7. 137
S 331 amended by Criminal Law Act 1981 Sch 7.
The Criminal Code 1872 Endnotes


c AT 1 of 1872 Page 57

138
S 336 amended by Criminal Law Act 1981 Sch 7. 139
S 337 amended by Criminal Law Act 1981 Sch 7. 140
S 338 repealed by Mental Health Act 1974 Sch 5. 141
S 343 repealed by Obscene Publications and Indecent Advertisements Act 1907 s 12. 142
S 344 repealed by Criminal Law Act 1981 Sch 8. 143
S 345 repealed by Theft Act 1981 Sch 2. 144
S 346 repealed by Criminal Law Act 1981 Sch 8. 145
S 348 amended by Criminal Law Act 1981 Sch 7. 146
S 349 repealed by Criminal Law Act 1981 Sch 8. 147
Ss 352 and 353 repealed by Criminal Law Act 1981 Sch 8. 148
S 355 amended by Theft Act 1981 Sch 2. 149
Ss 357 to 359 repealed by Criminal Code Amendment Act 1921 Sch. 150
Ss 360 to 363 repealed by Criminal Code Amendment Act 1917 Sch. 151
Ss 364 to 366 repealed by Criminal Code Amendment Act 1921 Sch. 152
S 367 repealed by Criminal Jurisdiction Act 1993 Sch 4. 153
S 368 repealed by Death Penalty Abolition Act 1993 Sch 2. 154
S 369 repealed by Criminal Law Act 1981 Sch 8. 155
S 370 repealed by Criminal Code Amendment Act 1921 Sch. 156
Ss 371 to 373 repealed by Criminal Jurisdiction Act 1993 Sch 4. 157
S 374 repealed by Criminal Code Amendment Act 1925 Sch. 158
Ss 375 and 376 repealed by High Court Act 1991 Sch 5. 159
S 377 repealed by Jury Act 1960 Sch 2. 160
Ss 378 and 379 repealed by Criminal Code (Informations) Act 1920 Sch 2. 161
S 380 repealed by Criminal Jurisdiction Act 1993 Sch 4. 162
S 381 repealed by Theft Act 1981 Sch 2. 163
Ss 382 to 384 repealed by Criminal Code (Informations) Act 1920 Sch 2. 164
Ss 385 to 387 repealed by Criminal Jurisdiction Act 1993 Sch 4. 165
Ss 388 and 389 repealed by Criminal Code (Informations) Act 1920 Sch 2. 166
S 390 repealed by Criminal Code Amendment Act 1892 Sch 2. 167
S 391 repealed by Criminal Code (Informations) Act 1920 Sch 2. 168
S 392 amended by Criminal Code (Informations) Act 1920 Sch 2. 169
S 393 amended by Statute Law Revision Act 1997 Sch 2. 170
Ss 394 and 395 repealed by Criminal Jurisdiction Act 1993 Sch 4. 171
Ss 396 and 397 repealed by Criminal Law Act 1981 Sch 8. 172
S 399 repealed by Criminal Law Act 1981 Sch 8. 173
S 400 substituted by Police Powers and Procedures Act 1998 Sch 4. 174
S 401 repealed by Criminal Law Act 1981 Sch 8. 175
S 402 repealed by Petty Sessions and Summary Jurisdiction Act 1927 Sch 1. 176
S 404 amended by Decimal Currency (Isle of Man) Act 1970 s 9. 177
S 405 repealed by Criminal Code Amendment Act 1892 Sch 2. 178
Ss 406 and 407 repealed by Criminal Jurisdiction Act 1993 Sch 4.
Endnotes The Criminal Code 1872


Page 58 AT 1 of 1872 c

179
Ss 408 and 409 repealed by Criminal Law Act 1981 Sch 8. 180
S 410 amended by Statute Law Revision Act 1997 Sch 1. 181
S 411 substituted by Criminal Code Amendment Act 1892 s 17. 182
Ss 416 and 417 repealed by Criminal Damage Act 1981 Sch. 183
S 418 repealed by Criminal Jurisdiction Act 1993 Sch 4. 184
S 419 to 421 repealed by Criminal Law Act 1981 Sch 8. 185
Definition of “indictment” amended by Criminal Law Act 1981 Sch 7. 186
Definition of “indictable misdemeanour” amended by Criminal Law Act 1981 Sch 7. 187
Definition of “indictable offence” amended by Criminal Law Act 1981 Sch 7. 188
Definition of “indicted” amended by Criminal Law Act 1981 Sch 7. 189
Definition of “felony” inserted by Criminal Justice Act 2001 s 62. 190
Definition of “misdemeanour” inserted by Criminal Law Act 1981 Sch 7. 191
Definition of “common gaol” repealed by Criminal Law Act 1981 Sch 8. 192
Definition of “trustee” repealed by Larceny Act 1946 Sch. 193
Definition of “valuable security” repealed by Theft Act 1981 Sch 2. 194
Definition of “night” repealed by Larceny Act 1946 Sch. 195
Sch repealed by Criminal Law Act 1981 Sch 8.