Malicious Damage Act 1861 - Other Matters

Other Matters

Sections 56 and 57 were repealed for England and Wales by section 10(2) of and Part III of Schedule 3 to, the Criminal Law Act 1967. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

• Section 56: Principals in the Second Degree and Accessories
• Section 57: A Person loitering at Night and suspected of any Felony against this Act may be apprehended

Section 58 - Malice against owner of property unnecessary

This section provides that it is not necessary to prove malice against the owner of the damaged property.

Sections 59 to 61 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4).

• Section 59: Provisions of this Act shall apply to Persons in possession of the Property injured
• Section 60: Intent to injure or defraud particular Persons need not be stated in any Indictment
• Section 61: Persons in the Act of committing any Offence may be apprehended without a Warrant

Section 62: Mode of compelling the Appearance of Persons punishable on summary Conviction

This section was repealed by section 4 of, and the Schedule to, the Summary Jurisdiction Act 1884. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Sections 63 to 65 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4).

• Section 63: Abettors in Offences punishable on summary Conviction
• Section 64: Application of Forfeitures and Penalties upon summary Convictions
• Section 65: If a Person summarily convicted shall not pay, &c., the Justice may commit him

Section 66: The Justice may discharge the Offender in certain Cases

This section was repealed for England and Wales by section 83(3) of, and Part I of Schedule 10 to, the Criminal Justice Act 1948. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 67: A summary Conviction shall be a Bar to any other Proceeding for the same Cause

This section were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the Criminal Damage Act 1971. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4).

Section 68: Appeal

This section was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 69: No Certiorari, &c.

This section was repealed by the Statute Law (Repeals) Act 1976. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 70: Convictions to be returned to the Quarter Sessions

This section was repealed by section 4 of, and the Schedule to, the Summary Jurisdiction Act 1884. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 71: Venue in Proceedings against Persons acting under this Act

This section was repealed by section 2 of, and the Schedule to, the Public Authorities Protection Act 1893. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 72 - Offences committed within the jurisdiction of the Admiralty

This section deals with jurisdiction and essentially duplicates the Offences at Sea Act 1799, and although still in force, is obsolete. The provision dealt mainly with piracy and extended the jurisdiction of British courts to crimes committed by British subjects on the high seas.

The words " deemed to be offences of the same nature and", and the words from " and may be dealt with " to the end, were repealed for England and Wales by section 10(2) of and Part III of Schedule 3 to, the Criminal Law Act 1967.

Section 73: Fine and Sureties for keeping the Peace; in what Cases

The words " fine the offender, and," and the words from "and in case of any felony " to " authorized ", where next occurring, were repealed for England and Wales by section 10(2) of and Part III of Schedule 3 to, the Criminal Law Act 1967. This section was repealed for England and Wales by section 8(2) of, and Part II of Schedule 5 to, the Justices of the Peace Act 1968. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 74: Hard Labour

This section was repealed by the Statute Law Revision Act 1892. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 75: Solitary Confinement and Whipping

This section was repealed for England and Wales by section 83(3) of, and Part I of Schedule 10 to, the Criminal Justice Act 1948. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 76: Summary Proceedings in England may be under the 11 & 12 Vict. c. 43., and in Ireland under the 14 & 15 Vict. c. 93

This section was repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the Criminal Damage Act 1971. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4).

Section 77: The Costs of the Prosecution of Misdemeanors against this Act may be allowed

This section was repealed by section 10(1) of, and the Schedule to, the Costs in Criminal Cases Act 1908. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Section 78: Act not to extend to Scotland

This section was repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the Criminal Damage Act 1971. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4).

Section 79: Commencement of Act

This section was repealed by the Statute Law Revision Act 1892. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.