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Capital punishment in the United Kingdom

Capital punishment in the United Kingdom predates the formation of the UK, having been used within the British Isles from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964; capital punishment for murder was suspended in 1965 and finally abolished in 1969 (1973 in Northern Ireland). Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last execution for treason took place in 1946. In 2004, Protocol No. 13 to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention (regardless of the UK's status in relation to the European Union).[1]

Background[edit]

During the reign of Henry VIII, as many as 72,000 people are estimated to have been executed.[2] In Elizabethan England, the death penalty applied for treason, murder, manslaughter, infanticide, rape, arson, grand larceny (theft of goods worth more than a shilling), highway robbery, buggery, sodomy and heresy. Hanging was the method used for all but treason, which was punished by drawing, hanging and quartering for men, burning for women, and beheading for the nobility; and heresy, which was punished by burning. About 24% of those facing trial for such offences were actually executed. About 75% of hangings were for theft.[3]


Sir Samuel Romilly, speaking to the House of Commons on capital punishment in 1810, declared that "[there is] no country on the face of the earth in which there [have] been so many different offences according to law to be punished with death as in England".[4] Known as the "Bloody Code", at its height the criminal law included some 220 crimes punishable by death, including "being in the company of Gypsies for one month", "strong evidence of malice in a child aged 7–14 years of age" and "blacking the face or using a disguise whilst committing a crime". Many of these offences had been introduced by the Whig oligarchy to protect the property of the wealthy classes that emerged during the first half of the 18th century, a notable example being the Black Act of 1723, which created 50 capital offences for various acts of theft and poaching.[5] Crimes eligible for the death penalty included shoplifting and stealing sheep, cattle, and horses, and before abolition of the death penalty for theft in 1832, "English law was notorious for prescribing the death penalty for a vast range of offences as slight as the theft of goods valued at twelve pence."[6]


Whilst executions for murder, burglary and robbery were common, the death sentences for minor offenders were often not carried out. A sentence of death could be commuted or respited (permanently postponed) for reasons such as benefit of clergy, official pardons, pregnancy of the offender or performance of military or naval duty.[7] Between 1770 and 1830, an estimated 35,000 death sentences were handed down in England and Wales, of which 7,000 executions were carried out.[8]

in the course or furtherance of theft

by shooting or causing an explosion

while resisting arrest or during an escape

of a police officer

of a prison officer by a prisoner

the second of two murders committed on different occasions (if both done in Great Britain).

Policy regarding foreign capital punishment[edit]

Under section 94 of the Extradition Act 2003, it is unlawful for an extradition of an individual to take place if the individual is accused of a capital crime, unless the Home Secretary has received assurances that the death penalty would not be applied in that case.[74][75] Regardless of this, in July 2018, the Government said it will not object to the United States seeking the death penalty for two suspected British members of ISIS captured by the Syrian Democratic Forces.[76][77] Although not strictly an extradition case, in response to an urgent question in Parliament on the matter, the Government stated that they still held the policy "to oppose the death penalty in all circumstances as a matter of principle".[78]

6 July 1535: Sir was beheaded for treason for refusing to acknowledge Henry VIII as the head of the Church of England.

Thomas More

17 May 1536: was beheaded on false charges of committing adultery and incest with his sister Anne Boleyn.

George Boleyn, 2nd Viscount Rochford

19 May 1536: , second wife of Henry VIII and queen of England, was beheaded at the Tower of London on false charges of adultery, incest and treason so that Henry could marry Jane Seymour.

Anne Boleyn

2 June 1537: was hanged for treason.

Francis Bigod

12 July 1537: was hanged in chains for treason.

Robert Aske

28 July 1540: was beheaded on false charges of treason as punishment for arranging Henry VIII's ill-fated marriage to Anne of Cleves.

Thomas Cromwell

10 December 1541: and Francis Dereham were executed for adultery for having affairs with queen of England Catherine Howard. Both were sentenced to be hanged, drawn and quartered, but Culpeper's sentence was commuted to beheading.

Thomas Culpeper

13 February 1542: , fifth wife of Henry VIII and queen of England, was beheaded for adultery after having an affair with her cousin Thomas Culpeper. Her lady-in-waiting Jane Boleyn, Viscountess Rochford was beheaded the same day for facilitating her adultery.

Catherine Howard

13 April 1546: became the youngest known girl legally executed in England, at age 11 for an unknown offence.[122][123][124][125][126][127]

Alice Glaston

7 December 1549: was hanged from the walls of Norwich Castle for treason after he was found guilty of leading Kett's Rebellion against Edward VI. His brother William was executed the same day by being hanged from the walls of Wymondham Abbey.

Robert Kett

22 August 1553: , was beheaded for treason.

John Dudley, 1st Duke of Northumberland

12 February 1554: , queen of England, and her husband Lord Guildford Dudley were beheaded for treason by Jane's successor Mary I.

Lady Jane Grey

11 April 1554: was beheaded for treason for leading the Wyatt Rebellion against Mary I.

Mother Catherine Cauchés (centre) and her two daughters Guillemine Gilbert (left) and Perotine Massey (right) with her infant son burning for their Protestant beliefs

Thomas Wyatt the Younger

On or around 18 July 1556 on the island of , the infant son of Perotine Massey, less than one day old, was ordered to be burned by Bailiff Hellier Gosselin, with the advice of Roman Catholic priests nearby who said the boy should burn due to having inherited moral stain from his mother.[128]

Guernsey

21 March 1556: was burned at the stake for heresy, despite recanting his Protestant beliefs multiple times.

Thomas Cranmer

2 June 1572: was beheaded for his involvement in the Ridolfi plot.

Thomas Howard, 4th Duke of Norfolk

22 August 1572: was beheaded for leading the Rising of the North.

Thomas Percy, 7th Earl of Northumberland

July 1584: Sir was executed for plotting to assassinate Elizabeth I in order to pave the way for a Spanish invasion.

Francis Throckmorton

20–21 December 1586: , John Ballard and eleven others were hanged, drawn and quartered for conspiring to kill Elizabeth I and replace her with Mary, Queen of Scots.

Anthony Babington

8 February 1587: was beheaded.

Mary, Queen of Scots

25 February 1601: was beheaded for treason after he attempted to start a rebellion against Elizabeth I.

Robert Devereux, 2nd Earl of Essex

30 January 1606: , Thomas Bates and John Grant were hanged, drawn and quartered for their involvement in the Gunpowder Plot, a conspiracy to blow up the House of Lords in order to kill King James I.

Robert Wintour

31 January 1606: , Sir Everard Digby, Robert Keyes, Ambrose Rookwood and Thomas Wintour were hanged, drawn and quartered for their involvement in the Gunpowder Plot, the day after the execution of their fellow conspirators.

Guy Fawkes

21 May 1613: was beheaded for the murder of the Laird of Johnstone and the killings of several other members of Clan Johnstone during a feud between Clan Johnstone and Clan Maxwell.

John Maxwell, 9th Lord Maxwell

29 October 1618: was beheaded at the Palace of Westminster for violating the 1604 Treaty of London by attacking a Spanish outpost during peacetime.

Walter Raleigh

23 February 1629: became the youngest known person legally executed in England, at age 8 or 9 for arson.[124][129]

John Dean

30 January 1649: was found guilty of high treason by 59 commissioners and was beheaded.[130]

King Charles I

15 July 1685: was beheaded at the Tower of London for leading the Monmouth Rebellion against King James II of England.

James Scott, 1st Duke of Monmouth

Black cap

Gallows hemp rope

Capital punishment in Hong Kong

Capital punishment in Singapore

Courts of the United Kingdom

English criminal law

Execution by firing squad in the United Kingdom

List of executioners

Murder, Mystery and My Family

Shot at Dawn Memorial

Christopher Simcox

Use of capital punishment by country

Wrongful execution

Devereaux, Simon (2023). . Cambridge University Press.

Execution, State and Society in England, 1660–1900

Hansard notes (Parliament of the United Kingdom):


Journal articles:

A comprehensive site about capital punishment in the UK

'Hanging With Frank' (video showing UK execution protocol at the old gallows in Barlinnie Prison)