Offences Against The Person Act 1861 - Unnatural Offences

Unnatural Offences

Section 61 - Buggery

This section abolished the death penalty for buggery, and provided instead that a person convicted of buggery was liable to be kept in penal servitude for life or for any term not less than ten years. The mandatory minimum sentence was abolished by the Penal Servitude Act of 1891.

This section replaced section 15 of the Offences against the Person Act 1828.

In England and Wales section 61 was repealed and replaced by section 12(1) of the Sexual Offences Act 1956.

Section 62 - attempted buggery - assault with intent to commit buggery - indecent assault upon a male

In England and Wales section 62 was repealed and replaced by sections 15(1) and 16(1) of the Sexual Offences Act 1956.

In Northern Ireland section 62 was found to be incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms and was repealed by the Sexual Offences Act 2003.

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