STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

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authorised to make seizures under the 1873 Act. The words proposed for repeal in this section are otiose and unnecessary but, as mentioned in paragraph 8.15, the rest of section 17 needs to be retained to provide effectively for the discharge of the United Kingdom’s international obligations. Sections 18 to 23 are all ancillary to the exercise of the jurisdiction of slave courts to adjudicate on and condemn slaves, goods and vessels as provided by section 5, which is proposed for repeal. The sections are obsolete and unnecessary. 8.8 Sections 24 to 26 apply to the Slave Trade Act 1824. Section 24 provides for the 1873 Act to be construed as one with that Act but contains some obsolete words which are proposed for repeal. Section 25 (recovery of forfeitures under sections 3 to 8 of the 1824 Act) is proposed for repeal consequentially on the proposal to repeal the sections in question. Section 26 is a venue provision for the indictment and trial of offences against the 1824 Act. While most of this section is of continuing utility, its last paragraph, providing for the removal of a prisoner from a colony to the United Kingdom for the trial of a slave trading offence, is unnecessary and has apparently never been used. The repeal proposed in the Merchant Shipping Act 1995 is consequential. 8.9 Section 28 32 applied the Act to cases tried before the Act was passed and is spent. Section 29 enabled the Act to be extended to future treaties by Order. The power has not been exercised since 1892 33 and all the treaties are obsolete. Section 29 is therefore unnecessary and of no practical utility. 8.10 The definitions in section 2 of “foreign state”, “Vice-Admiralty Court”, 34 “British slave court”, “slave court” 35 and “existing slave trade treaty” are unnecessary as a result of the repeals proposed in the rest of the Act or are obsolete. 154 Other Acts 8.1 The repeals proposed in sections 2, 9 and 13 of the Colonial Courts of Admiralty Act 1890 are consequential on the proposal to repeal section 5 of the Slave Trade Act 1873. Section 11(3) of the Criminal Justice Act 1925 concerns the venue for the trial of the offence of forgery or uttering where that offence “relates to documents made for the purpose of any Act relating to the suppression of the slave trade”. As enacted, section 11(3) referred to offences under the Forgery Act 1913, section 2(2)(j) of which made it an offence to forge various documents in Slave Trade Act proceedings, and section 6 of which made it an offence to utter a forged document. The reference to the Forgery Act 1913 in section 11(3) was repealed by the Forgery and Counterfeiting Act 1981 and there are no other extant offences falling within the description in section 11(3). The subsection is therefore redundant and obsolete. 32 Section 27 was repealed by the Extradition Act 1989, s 37 and Sch 2. 33 See n 7. 34 By virtue of the Colonial Courts of Admiralty Act 1890, s 2(3), this is to be read as “Colonial Court of Admiralty”, ie a court of law in a British possession declared to be a Court of Admiralty or having therein unlimited civil jurisdiction (s 2(1)). 35 See n.27. 100
155 Conclusion 8.1 The specified provisions of these Acts are accordingly proposed for repeal on the grounds summarised above. Amongst those consulted on the proposals have been the Foreign and Commonwealth Office, the Home Office, the Lord Chancellor’s Department, the Treasury, the Department of Trade and Industry, the Department of Transport, the Ministry of Defence, the Admiralty Registrar, the Crown Prosecution Service, the Crown Office, the Scottish Office Home Department and the authorities in Northern Ireland. No objections have been made. 101
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THE LAW COMMISSION AND THE SCOTTISH
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Statute Law (Repeals) 1 DRAFT OF A
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Statute Law (Repeals) 39 Sea Fisher
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APPENDIX 2 Explanatory Note on the
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- in section 29, references to wron
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STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

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