Treason Act 1842

1842 CHAPTER 51

An Act for providing for the further Security and Protection of Her Majesty's Person.

[16th July 1842]

WHEREAS it is expedient that the Provisions contained in the [39 & 40 G. 3. c. 93.] Act of the Thirty-ninth and Fortieth Years of His late Majesty King George the Third, intituled An Act to regulate Trials for High Treason and Misprision of Treason in certain Cases, should be extended to all Cases of High Treason, in compassing or imagining the Death or Destruction of the Queen, or in compassing or imagining any bodily Harm tending to the Death or Destruction, maiming or wounding, of the Queen, and of Misprision of such Treason, when the overt Act or overt Acts of such Treason alleged in the Indictment shall be any Attempt to injure in any Manner whatsoever the Person of the Queen : And whereas it is also expedient to make further Provision by Law for the Protection and Security of the Person of the Sovereign of these Realms :

Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

Proceedings against Persons guilty of Attempt against the Person of the Sovereign.

That from and after the passing of this Act, in all Cases of High Treason, in compassing or imagining any bodily Harm tending to the Death or Destruction, maiming or wounding, of the Queen, and in all Cases of Misprision of any such Treason, where the overt Act or overt Acts of such Treason alleged in the Indictment shall be any Attempt to injure in any Manner whatsoever the Person of the Queen, the Person or Persons charged with such Offence shall and may be indicted, arraigned, tried, and attainted in the same Manner, and according to the same Course and Order of Trial, in every respect, and upon the like Evidence, as if such Persons stood charged with Murder; and none of the Provisions contained in the several Acts of the Seventh Year of King William the Third, and the Seventh Year of Queen Anne, and the Sixth Year of King George the Fourth, respectively, touching Trials in Cases of Treason and Misprision of Treason respectively, shall extend to any Indictment for High Treason in compassing or imagining the Death or Destruction of the Queen, or to any Indictment for High Treason in compassing and imagining any bodily Harm tending to the Death or Destruction, maiming or wounding, of the Queen, or for Misprision of such Treason, where the overt Act or Acts of such Treason alleged in the Indictment shall be such as aforesaid; but, upon Conviction upon such Indictment, Judgment shall be nevertheless given and Execution done as in other Cases of High Treason ; any Law, Statute, or Usage to the contrary notwithstanding.

II Punishment for discharging or aiming Fire-Arms, or throwing or using any offensive Matter or Weapon, with Intent to injure or alarm Her Majesty.

And be it enacted, That from and after the passing of this Act, if any Person shall wilfully discharge or attempt to discharge, or point, aim, or present at or near to the Person of the Queen, any Gun, Pistol, or any other Description of Fire-arms or of other Arms whatsoever, whether the same shall or shall not contain any explosive or destructive Material, or shall discharge or cause to be discharged, or attempt to discharge or cause to be discharged, any explosive Substance or Material near to the Person of the Queen, or if any Person shall wilfully strike or strike at, or attempt to strike or to strike at, the Person of the Queen, with any offensive Weapon, or in any other Manner whatsoever, or if any Person shall wilfully throw or attempt to throw any Substance, Matter, or Thing whatsoever at or upon the Person of the Queen, with Intent in any of the Cases aforesaid to injure the Person of the Queen, or with Intent in any of the Cases aforesaid to break the public Peace, or whereby the public Peace may be endangered, or with Intent in any of the Cases aforesaid to alarm Her Majesty, or if any Person shall, near to the Person of the Queen, wilfully produce or have any Gun, Pistol, or any other Description of Fire-arms or other Arms whatsoever, or any explosive, destructive, or dangerous Matter or Thing whatsoever, with Intent to use the same to injure the Person of the Queen, or to alarm Her Majesty, every such Person so offending shall be guilty of a High Misdemeanor, and, being convicted thereof in due Course of Law, shall be liable, at the Discretion of the Court before which the said Person shall be so convicted, to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned, with or without hard Labour, for any Period not exceeding Three Years, and during the Period of such Imprisonment to be publicly or privately whipped, as often and in such Manner and Form as the said Court shall order and direct, not exceeding Thrice.

III Not to alter the Punishment for High Treason.

Provided always, and be it enacted, That nothing herein contained shall be deemed to alter in any respect the Punishment which by Law may now be inflicted upon Persons guilty of High Treason or Misprision of Treason.