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Ecclesiastical Courts Jurisdiction Act 1860 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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An Act to abolish the jurisdiction of the Ecclesiastical Courts . . .F1 in England and Ireland in certain Cases of Brawling.
[3rd July 1860]
Textual Amendments
F1Words omitted under authority of Statute Law Revision Act 1892 (c. 19)
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2Preamble omitted under authority of Statute Law Revision Act 1892 (c. 19)
C3This Act is not necessarily in the form in which it has effect in Northern Ireland
Textual Amendments
F2S. 1 repealed by Ecclesiastical Jurisdiction Measure 1963 (No. 1), Sch. 5
Any person who shall be guilty of riotous, violent, or indecent behaviour in England or Ireland in any cathedral church, parish or district church or chapel of the Church of England . . . F3, or in any chapel of any religious denomination, or in England in any places of religious worship duly certified under the provisions of the M1Places of Worship Registration Act 1855, whether during the celebration of divine service or at any other time, or in any churchyard or burial ground, or who shall molest, let, disturb, vex, or trouble, or by any other unlawful means disquiet or misuse any preacher duly authorized to preach therein, or any clergyman in holy orders ministering or celebrating any sacrament, or any divine service, rite, or office, in any cathedral, church, or chapel, or in any churchyard or burial ground, shall, on conviction thereof [F4by a magistrates' court], be liable to [F5a fine not exceeding] [F6level 1 on the standard scale][F7or to imprisonment for a term] not exceeding two months.
Textual Amendments
F3Words omitted by virtue of Irish Church Act 1869 (c. 42), s. 69
F4Words in s. 2 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 37(a); S.I. 2005/910, art. 3(y)
F5Words in s. 2 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 37(b); S.I. 2005/910, art. 3(y)
F6Words substituted by virtue of Criminal Justice Act 1982 (c. 48), ss. 38, 46 and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6
F7Words in s. 2 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 37(c); S.I. 2005/910, art. 3(y)
Marginal Citations
Every such offender in the premises after the said mis-demeanor so committed immediately and forthwith may be apprehended and taken by any [F8constable or] church warden of the parish or place where the said offence shall be committed, and [F9taken before a [F10magistrates' court], to be dealt with according to law.] [F9taken before a district judge (magistrates' courts) to be dealt with according to law.]
Textual Amendments
F8Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I
F9Words in s. 3 substituted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 26 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
F10Words in s. 3 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 38; S.I. 2005/910, art. 3(y)
Any person convicted as aforesaid who shall think himself aggrieved by such conviction may forthwith appeal to [F11the Crown Court] . . . F12
Textual Amendments
F11Words substituted by Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I
F12Words repealed by Summary Jurisdiction Act 1884 (c. 43), Sch.
Textual Amendments
F13S. 5 repealed by Statute Law Revision Act 1875 (c. 66)
Textual Amendments
F14S. 6 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. I
Provided also, that nothing herein contained shall limit, restrain or abolish the power possessed by the ordinary over the fabric of any church or over the churchyard or burial ground connected therewith.
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