Criminal Justice Act 1948

Criminal Justice Act 1948[1]
Act of Parliament
Long titleAn Act to abolish penal servitude, hard labour, prison divisions and sentence of whipping ; to amend the law-relating to the probation of offenders, and otherwise to reform existing methods and provide new methods of dealing with offenders and persons liable to imprisonment; to amend the law relating to the proceedings of criminal courts, including the law relating to evidence before such courts; to abolish privilege of peerage in criminal proceedings; to regulate the management of prisons and other institutions and the treatment of offenders and other persons committed to custody; to re-enact certain enactments relating to the matters aforesaid; and for purposes connected therewith.
Citation11 & 12 Geo. 6. c. 58
Introduced byAttlee ministry
Territorial extent England and Wales[2]
Dates
Royal assent30 July 1948
Status: Partially repealed
Text of statute as originally enacted

The Criminal Justice Act 1948 (11 & 12 Geo. 6. c. 58) is an Act of the Parliament of the United Kingdom. It implemented several widespread reforms of the English criminal justice system, mainly abolishing penal servitude, corporal punishment, and the right of peers to be tried for treason and felony in the House of Lords. The act also dealt with more minor aspects of criminal law, such as the procedure regarding bail. Early versions of the bill attempted to abolish the death penalty, but this would not occur until 1965.

Reforming the criminal justice system by removing penal servitude and whipping had long been a goal of Labour, and the Attlee government was felt capable of bringing those reforms into effect. Peers in the House of Lords, who considered being tried by the House to be a bothersome duty rather than a privilege, added a provision abolishing peer trials by peers, which was accepted by both houses.

  1. ^ The citation of this Act by this short title is authorised by section 83(1) of this Act
  2. ^ This is the effect of sections 81 and 82 and the presumption that an Act extends to the United Kingdom unless the contrary is specified. Some of the provisions formerly extended to those countries.