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Old 1st Nov 2001, 00:13
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Legalapproach
 
Join Date: May 2001
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Jackonicko:

High Treason

Treason Act 1351:

Declaration of Treasons
Item, whereas diverse opinions have been before this time in what case treason shall be said, and in what not; the King, at the request of the Lords and of the commons, hath made a declaration in the manner as hereafter followeth; that is to say, when a man doth compass or imagine the death of our lord the King, or of our lady his Queen, or of their eldest son and heir; or if a man do violate the King's companion, or the King's eldest daughter unmarried or the wife of the King's eldest son and heir; or if a man do levy war against our lord the King in his realm, or be adherent to the King's enemies in his realm, giving to them aid and comfort in the realm, or elsewhere, and thereof be provably ["provalement"]attainted of open deed by the people of their condition.....and if a man slea the chancellor, treasurer, or the King's justices of the one bench, or the other, justices in eyre, or justices of assize, and all other justices assigned to hear and determine, being in their places doing their offices. And it is to be understood, that in the cases above rehearsed, that ought to be judged treason wich extends to our lord the King and his royal majesty.....

Treason Felony Act 1848

s3 If any person whatsoever shall, within the United Kingdom or without, compass, imagine, invent, devise or intend to deprive or depose our most gracious Lady the Queen.....from the style, honour, or royal name of the imperial crown of the United Kingdom, or of any other of Her Majesty's dominions and countries, or to levy war against Her Majesty... within any part of the United Kingdom, in order by force of constraint to compel Her....to change Her....measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe both houses or either house of parliament, or to move or stir any foreigner or stranger with force to invade the United Kingdom, or any other of Her Majesty's dominions or countries under the obeisance of Her Majesty....and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare by publishing any printing or writing....or by any other overt act or deed, every person so offending....shall be liable...to be imprisoned for the term of his or her natural life....

s6 Provided always....that nothing herein shall lessen the force of or in any manner affect anything enacted by the Treason Act 1351.

There could be some interesting legal arguments relating to charges of Treason brought against Brtish subjects fighting for the Taliban. However it should also be born in mind that by virtue of section 9 of the Offences against the Persons Act 1861
'Where any murder or manslaughter shall be committed on land out of the United Kingdom, whether within the Queen's dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject of Her Majesty, in respect of any such case, whether the same shall amount to the offence of murder or manslaughter....may be dealt with, inquired of, tried, determined and punished....in England or Ireland.'

So any British subject killing somebody abroad could be tried for murder or manslaughter in England or Wales.

Mind you they could put up the Tony Martin defence.... Starts new topic and runs "Incominggggggg"

That will be 500 guineas please
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