HC Deb 25 June 1823 vol 9 cc1244-6

On the third reading of this bill, Sir J. Mackintosh rose to propose an amendment. He observed, that he had taken the earliest opportunity of expressing his objection to the amelioration of the criminal laws proposed by the government this session; because he thought it inadequate to the pledge which parliament had given last session, and did not go far enough to satisfy the wishes of the public. The object of his amendment was, not to effect a more extensive reformation of the criminal laws than was proposed by the bill, but merely to make the bill do what it professed to do in its preamble; namely, to take away the capital punishment in certain cases which were specified. The House was aware that many bills had been introduced to repeal the act of the 10th of William, which made shop-lifting to the amount of 5s. a capital offence. Several of those bills had passed the House of Commons, but had always been thrown out in the Lords, except in the last instance, in 1821, when the peers amended the bill, by declaring, that shoplifting, unless to the amount of 15l. should not be a capital offence. Since the passing of the act of 1821, the judges had held, that stealing in a shop attached to a dwelling-house to the amount of 40s., was a capital offence, under the statute of the 12th of Anne. This judicial construction completely defeated the intention of the act of 1821. The object of his amendment, therefore, was only to carry into effect that act. For that purpose he moved, that after the words "privately stealing goods or chattels in any shop, warehouse, coach-house, or stable," be added the words "although such shop, warehouse, coach-house, or stable, shall be attached to, and form, part of a dwelling-house."

The Attorney General

opposed the amendment. The object of the bill before the House was merely to carry into effect what had been proposed by his hon. and learned friend himself; namely, to repeal the act of William, but to leave that of Anne untouched. He could see no reason why privately stealing in a shop, which formed a material parcel of a dwelling-house, should not be considered as great a crime as stealing in any other part of the House.

Mr. J. Williams

was of opinion, that the intention of the act of 1821 would be defeated, unless his learned friend's amendment were carried.

The Solicitor General

opposed the amendment, and Mr. F. Buxton and Mr. G. Lamb supported it.

Mr. Peel

defended the bill, and contended, that the measures before the House formed the most extensive experiment of mitigation of punishment that had ever been made in this country.

The House divided: For the Amendment 19. Against it 35. The bill was then passed.

List of the Minority.
Abercromby, hon. J. Newport, sir John
Bankes, Henry Rice, S.
Evans, J. Robinson, sir G.
Hobhouse, J. C. Smith, W.
Knight, R. Thompson, Mr. sheriff
Lamb, hon. G. Wilberforce, W.
Leader, W. Wilson, T.
Lennard, B.
Martin, R. TELLERS.
Mackintosh, sir J. Buxton, F.
Monck, J. B. Williams, J.