CONSOLIDATION OF THE CRIMINAL LAW OF ENGLAND. (Hansard, 16 March 1824)

Dr. Lushington

said, that the subject which he was about to introduce to the consideration of the House, was one of the greatest importance, and at the same time of the greatest extent. If it were necessary for him at that moment to enter into the details of the plan which he meant to propose to the committee (if he should be so fortunate as to induce the House to grant one), undoubtedly it would be incumbent on him to offer a detailed explanation of his objects; but, as he understood that there would not be any opposition given to the motion with which he meant to conclude, and as he was sure the House must be extremely anxious to hear the statement of the right hon. secretary for foreign affairs, he should confine those observations which he felt it to be his duty to make, within a very narrow compass. He intended to propose, then, that a committee should be appointed for the purpose of considering the expediency of consolidating and amending the criminal law of England. On the necessity of such a measure, he apprehended it would scarcely be requisite for him to make any observations. The House must be aware that from the time of Magna Charta, down to the present hour, there had been a series of criminal statutes passed, just as occasion had rendered it necessary to provide for the punishment or prevention of any particular offence. As there had hitherto been no regular system for the reduction of those statutes into any order or methodical form, they had at present attained to a considerable bulk, and were in a state of the greatest possible confusion. There had not been, hitherto, any attempt made to remedy the inconveniences which arose out of the existing condition of our criminal laws. Those inconveniences he would not attempt, on this occasion, to detail. He should assume that the House was sensible of them; and all that it would be now necessary for him to satisfy it of would be, that a remedy for such inconveniences was practicable: but he would not proceed to state the grounds upon which he was prepared to contend for the practicability of that remedy, because he was certain that the House was not just now disposed to follow him into all the explanations into which it would be ex- 1063 pedient to enter. It was but right, however, that hon. gentlemen should know to what extent he meant to go, and the principles upon which he intended to proceed. His object, in the first place was, that the various statutes of the criminal law should be classed under particular heads, and that the statutes under each head should be united into one single statute for example he would take all the several statutes relating to the crime of forgery, and bring their enactments under one head. All the acts with respect to larceny he would bring under one other; and so of all the several offences punishable according to our statute law. It was not his intention, in proposing this plan, to introduce any alterations in the existing law. He should pot suggest any alteration, either in the character of offences, or in the nature of their punishment. Were he to pursue a contrary course, the greatest possible inconveniences might ensue. It would, therefore, be his first object, that the statutes should appear in a consolidated form, omitting only the surplusage out of the several provisions and enactments. The House would thus be enabled to judge what were the principal existing defects of our criminal law; and defects there were in it, so palpable and apparent, that he was quite convinced, if he could feel himself at liberty now to state them, that the House would unanimously decide that the Statute-book required alterations. Those alterations, however, might form part of another bill, to be hereafter united to the consolidation bill: but at present he must explicitly declare to the House, that it was his object to propose, in the first stage of the general measure that he contemplated, no alterations whatever, except those that he should specifically bring before the House, and in such a manner, as would make it impossible for any honourable member to be ignorant of their legal effect and application. He would not conceal from them, however, that he thought it would eventually be necessary, after they should have seen the criminal law in its consolidated state, and the defects existing in that law, that some material alterations should take place. Those alterations it would be for the committee, and especially for his majesty's government, maturely to consider at a future period. Probably, in the course of next session, he should be prepared to bring forward a proposition on the subject, as he had for many years past assiduously 1064 directed his attention to this matter. He would now move, "That a Select Committee be appointed, to consider of the expediency of Consolidating and Amending the Criminal Law of England."