Criminal Law Amendment Act 1871
| Jurisdiction | UK Non-devolved |
| Citation | 1871 c. 32 |
| Year | 1871 |
Criminal Law Amendment Act, 1871
(34 & 35 Vict.) CHAP. 32.
An Act to amend the Criminal Law relating to Violence, Threats, and Molestation.
[29th June 1871]
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, as follows:
1 Penalty for threats, molestations, and obstruction.
1. Every person who shall do any one or more of the following acts, that is to say,
(1) (1.) Use violence to any person or any property,
(2) (2.) Threaten or intimidate any person in such manner as would justify a justice of the peace, on complaint made to him, to bind over the person so threatening or intimidating to keep the peace,
(3) (3.) Molest or obstruct any person in manner defined by this section,
with a view to coerce such person,—
(1) (1.) Being a master to dismiss or to cease to employ any workman, or being a workman to quit any employment or to return work before it is finished;
(2) (2.) Being a master not to offer or being a workman not to accept any employment or work;
(3) (3.) Being a master or workman to belong or not to belong to any temporary or permanent association or combination;
(4) (4.) Being a master or workman to pay any fine or penalty imposed by any temporary or permanent association or combination;
(5) (5.) Being a master to alter the mode of carrying on his business, or the number or description of any persons employed by him,
shall be liable to imprisonment, with or without hard labour, for a term not exceeding three months.
A person shall, for the purposes of this Act, be deemed to molest or obstruct another person in any of the following cases; that is to say,
(1) (1.) If he persistently follow such person about from place to place:
(2) (2.) If he hide any tools, clothes, or other property owned or used by such person, or deprive him of or hinder him in the use thereof:
(3) (3.) If he watch or beset the house or other place where such person resides or works, or carries on business, or happens to be, or the approach to such house or place, or if with two or more other persons he follow such person in a disorderly manner in or through any street or road.
Nothing in this section shall prevent any person from being liable under any other Act, or otherwise, to any other or higher punishment than is provided for any offence by this section, so that no person be punished twice for the same offence.
Provided that no person shall be liable to any punishment for doing or conspiring to do any act on the ground that such act restrains or tends to restrain the free course of trade, unless such act is one of the acts herein-before specified in this section, and is done with the object of coercing as hereinbefore mentioned.
Legal Proceedings.
2 Summary proceedings for offences, penalties, &c.
2. All offences under this Act shall be prosecuted under the provisions of The Summary Jurisdiction Acts.
Provided as follows:—
1. The ‘Court of Summary Jurisdiction,’ when hearing and determining an information or complaint, shall be constituted in some one of the following manners; (that is to say,)
(i.) In any place within the jurisdiction of a metropolitan police magistrate or other stipendiary magistrate, of such magistrate or his substitute:
(ii.) In the city of London, of the Lord Mayor or any alderman of the said city:
(iii.) In any other place, of two or more justices of the peace sitting in petty sessions.
(i.) In the police district of Dublin metropolis, of a divisional justice:
(ii.) In any other place, of a resident magistrate.
2. The...
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