Incitement to Mutiny Act 1797
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| Long title | An Act for the better Prevention and Punishment of Attempts to seduce Persons serving in His Majesty’s Forces by Sea or Land from their Duty and Allegiance to His Majesty, or to incite them to Mutiny or Disobedience. |
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| Citation | 37 Geo 3 c 70 |
| Dates | |
| Royal assent | 6 June 1797 |
| Other legislation | |
| Repealed by | The Statute Law (Repeals) Act 1998, Schedule 1, Part I, Group 2 |
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Status: Repealed
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| Revised text of statute as amended | |
The Incitement to Mutiny Act 1797 (37 Geo 3 c 70) was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny.
The Act was made permanent by the Allegiance of Sea and Land Forces Act 1817 (57 Geo 3 c 7).
The Parliament of Ireland passed an equivalent Act in the same year: the Incitement to Disaffection Act (Ireland) 1797 37 Geo 3 c 40 (I).
This section provided:
The words at the end were repealed by the Statute Law Revision Act 1888.
The reference to felony had to be construed according to the Criminal Law Act 1967 and the Criminal Law Act (Northern Ireland) 1967.
The offence was extended to members of the Royal Air Force by the Air Force (Application of Enactments) (No 2) Order 1918 (S.R. & O. 1918/548).
Section 3 provided that a person tried for an offence under this Act could not be tried again on the same facts for high treason or misprision of high treason.
The death penalty for the offence under section 1 was reduced to transportation for life by section 1 of the Punishment of Offences Act (1837). It was reduced again to penal servitude for life by section 2 of the Penal Servitude Act 1857, and to imprisonment for life by section 1(1) of the Criminal Justice Act 1948 and of the Criminal Justice (Scotland) Act 1949.
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