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United Kingdom legislation
Forfeiture Act 1870[a]
Parliament of the United Kingdom
Long title
An Act to abolish Forfeitures for Treason and Felony, and to otherwise amend the Law relating thereto.
Citation
33 & 34 Vict c 23
Territorial extent
England and Wales, Northern Ireland
Dates
Royal assent
4 July 1870
Text of statute as originally enacted
Revised text of statute as amended
The Forfeiture Act 1870 (33 & 34 Vict c 23) is a British Act of Parliament that abolished the automatic forfeiture of goods and land as a punishment for treason and felony. It does not apply to Scotland,[1] which did not fully abolish forfeiture until the Criminal Justice (Scotland) Act 1949. Prior to the Act being passed, a person convicted of treason or felony automatically and permanently forfeited all of his lands and possessions to the Crown. The old offence of praemunire, which was also punished with forfeiture, was only a misdemeanour, and so the Act did not apply to it.[2]
Although the Act is mostly repealed today, section 2 remains in force and states that anyone convicted of treason shall be disqualified from holding public office, shall lose his right to vote in elections (except in elections to local authorities),[3][4][5] and lose his pension. (His pension can however be restored, in whole or in part, under section 70 of the Criminal Justice Act 1948.)
Section 31 of the Forfeiture Act also abolished the final incarnation of the punishment of being hanged, drawn and quartered, which had been law in various forms since ancient times.
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^Section 33
^Kenny, C. Outlines of Criminal Law (Cambridge University Press, 1936), 15th edition, p. 323
^Local Government Act 1933, Schedules 10 and 11 (Part IV)
^Local Government Act 1939, Schedule 8
^Local Government (Members and Officers) Act (Northern Ireland) 1964, Schedule
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