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CRIMINAL LAW AMENDMENT ACT 1885

CRIMINAL LAW AMENDMENT ACT 1885 - LONG TITLE

An Act to make further provision for the Protection of Women and
Girls, the suppression of brothels, and other purposes.{1}
[14th August 1885] >Short title. Procures or attempts to procure any
girl or woman under twenty-one years of age, . . .{3} to have
unlawful carnal connexion, either within or without the Queen's
dominions, with any other person or persons; or E>>(2) Procures or
attempts to procure any woman or girl to become, either within or
without the Queen's dominions, a common prostitute; or E>>(3)
Procures or attempts to procure any woman or girl to leave the
United Kingdom, with intent that she may become an inmate of [{4}or
frequent]
a brothel elsewhere; or

(4)Procures or attempts to procure any woman or girl to leave her
usual place of abode in the United Kingdom..., with intent that she
may, for the purposes of prostitution, become an inmate of [or
frequent] a brothel within or without the Queen's dominions.

Provided that no person shall be convicted of any offence under
this section upon the evidence of one witness, unless such witness
be corroborated in some material particular by evidence implicating
the accused.

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 3
Procuring defilement of woman by threats or fraud or administering
drugs.

3. Any person who

(1)By threats or intimidation procures or attempts to procure any
woman or girl to have any unlawful carnal connexion either within
or without the Queen's dominions; or

(2)By false pretences or false representations procures any woman or
girl,... to have any unlawful carnal connexion, either within or
without the Queen's dominions; or

(3)Applies, administers to, or causes to be taken by any women or
girl any drug, matter, or thing, with intent to stupefy or
overpower so as thereby to enable any person to have unlawful
carnal connexion with such woman or girl,

Provided that no person shall be convicted of an offence under this
section upon the evidence of one witness only, unless such witness
be corroborated in some material particular by evidence implicating
the accused.

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 4
Defilement of girl under fourteen years of age.

4. Any person who

unlawfully and carnally knows any girl under the age of [fourteen
years] shall be guilty of felony, and being convicted thereof shall
be liable... to be kept in penal servitude for life....

Any person who attempts to have unlawful carnal knowledge of any
girl under the age of [fourteen years] shall be guilty of a
misdemeanor, and being convicted thereof shall be liable at the
discretion of the court to be imprisoned for any term not exceeding
two years....

Whereas doubts have been entertained whether a man who induces a
married woman to permit him to have connexion with her by
personating her husband is or is not guilty of rape, it is hereby
enacted and declared that every such offender shall be deemed to be
guilty of rape.

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 5
Defilement of girl under seventeen years of age.

5. Any person who

(1)Unlawfully and carnally knows or attempts to have unlawful carnal
knowledge of any girl... under the age of [seventeen years]; or

Subs.(2) rep. by 1961 c.15 (NI) s.116(2) sch.7

First proviso rep. by 1923 c.8 (NI) s.4(2) sch.

Provided also, that no prosecution shall be commenced for an offence
under... this section more than [twelve] months after the commission
of the offence.

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 6
Householder, &c. permitting defilement of young girl on his premises.

6. Any person who, being the owner or occupier of any premises, or
having, or acting or assisting in, the management or control thereof

induces or knowingly suffers any girl... to resort to or be in or
upon such premises for the purpose of being unlawfully and carnally
known by any man, whether such carnal knowledge is intended to be
with any particular man or generally, [shall]

Subs.(1) rep. by SLR 1898; 1967 c.18 (NI) s.13 sch.1

(2)if such girl is ... under the age of [seventeen years]... be
guilty of a misdemeanor, and being convicted thereof shall be liable
at the discretion of the court to be imprisoned for any term not
exceeding two years....

Proviso rep. by 1923 c.8 (NI) s.4(2) sch.

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 7
Abduction of girl under eighteen with intent to have carnal
knowledge.

7. Any person who

with intent that any unmarried girl under the age of eighteen years
should be unlawfully and carnally known by any man, whether such
carnal knowledge is intended to be with any particular man, or
generally

takes or causes to be taken such girl out of the possession and
against the will of her father or mother, or any other person
having the lawful care or charge of her,

Provided that it shall be a sufficient defence to any charge under
this section if it shall be made to appear to the court or jury
that the person so charged had reasonable cause to believe that the
girl was of or above the age of eighteen years.

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 8
Unlawful detention with intent to have carnal knowledge.

8. Any person who detains any woman or girl against her will

(1)In or upon any premises with intent that she may be unlawfully
and carnally known by any man, whether any particular man, or
generally, or

(2)In any brothel,

Where a woman or girl is in or upon any premises for the purpose
of having any unlawful carnal connexion, or is in any brothel, a
person shall be deemed to detain such woman or girl in or upon
such premises or in such brothel, if, with intent to compel or
induce her to remain in or upon such premises or in such brothel,
such person withholds from such woman or girl any wearing apparel
or other property belonging to her, or, where wearing apparel has
been lent or otherwise supplied to such woman or girl by or by
the direction of such person, such person threatens such woman or
girl with legal proceedings if she takes away with her the wearing
apparel so lent or supplied.

No legal proceedings, whether civil or criminal, shall be taken
against any such woman or girl for taking away or being found in
possession of any such wearing apparel as was necessary to enable
her to leave such premises or brothel.[

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 9
Power, on indictment for rape, to convict of certain offences.

9.(1) A person indicted for rape may, if the evidence does not
warrant a conviction of rape but warrants a conviction of an
offence under section 3 of this Act or of indecent assault, be
found not guilty of rape but guilty of an offence under the said
section 3 or of indecent assault.

(2) A person indicted for an offence under section 4 of this Act
may, if the evidence does not warrant a conviction of an offence
under the said section 4 but warrants a conviction of indecent
assault, be found not guilty of an offence under the said section
4 but guilty of indecent assault.]

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 10
Power of search.

10. If it appears to any justice of the peace, on information made
before him on oath by any parent, relative, or guardian of any
woman or girl, or any other person who, in the opinion of the
justice, is bona8 fide acting in the interest of any woman or
girl, that there is reasonable cause to suspect that such woman or
girl is unlawfully detained for immoral purposes by any person in
any place within the jurisdiction of such justice, such justice may
issue a warrant authorizing any person named therein to search for,
and, when found, to take to and detain in a place of safety such
woman or girl until she can be brought before a justice of the
peace; and the justice of the peace before whom such woman or girl
is brought may cause her to be delivered up to her parents or
guardians, or otherwise dealt with as circumstances may permit and
require.

The justice of the peace issuing such warrant may, by the same or
any other warrant, cause any person accused of so unlawfully
detaining such woman or girl to be apprehended and brought before a
justice, and proceedings to be taken for punishing such person
according to law.

A woman or girl shall be deemed to be unlawfully detained for
immoral purposes if she is so detained for the purpose of being
unlawfully and carnally known by any man, whether any particular man
or generally, and

(a)Either is under the age of [seventeen years]; or

(b)If of or over the age of [seventeen years], and under the age
of eighteen years, is so detained against her will, or against the
will of her father or mother or of any other person having the
lawful care or charge of her; or

(c)If of or above the age of eighteen years is so detained against
her will.

Provided always, that every warrant issued under this section shall
be addressed to and executed by some superintendent, inspector, or
other officer of police, who shall be accompanied by the parent,
relative, or guardian or other person making the information, if
such person so desire, unless the justice shall otherwise direct.

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 11
Outrages on decency.

11. Any male person who, in public or private, commits, or is a
party to the commission of, or procures or attempts to procure the
commission by any male person of, any act of gross indecency with
another male person, shall be guilty of a misdemeanor, and being
convicted thereof shall be liable at the discretion of the court to
be imprisoned for any term not exceeding two years,....

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 12
Custody of girls under seventeen.

12. Where on the trial of any offence under this Act it is proved
to the satisfaction of the court that the seduction or prostitution
of a girl under the age of [seventeen years] has been caused,
encouraged, or favoured by her father, mother, guardian, master, or
mistress, it shall be in the power of the court to divest such
father, mother, guardian, master, or mistress of all authority over
her, and to appoint any person or persons willing to take charge
of such girl to be her guardian until she has attained the age of
[eighteen], or any age below this as the court may direct, and the
High Court shall have the power from time to time to rescind or
vary such order by the appointment of any other person or persons
as such guardian, or in any other respect.

Summary proceedings against brothel keeper, &c.

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 13

13. Any person who

(1)keeps or manages or acts or assists in the management of a
brothel, or

(2)being the tenant, lessee, or occupier [or person in charge] of
any premises, knowingly permits such premises or any part thereof to
be used as a brothel or for the purposes of habitual prostitution,
or

(3)being the lessor or landlord of any premises, or the agent of
such lessor or landlord, lets the same or any part thereof with
the knowledge that such premises or some part thereof are or is to
be used as a brothel, or is wilfully a party to the continued use
of such premises or any part thereof as a brothel,

[(a)to a fine not exceeding one hundred pounds or to imprisonment...
for a term not exceeding three months; and

(b)on a second or subsequent conviction, to a fine not exceeding
two hundred and fifty pounds or to imprisonment... for a term not
exceeding six months;

S.14 rep. by SLR 1898

CRIMINAL LAW AMENDMENT ACT 1885 - SECT 16
Saving of liability to other criminal proceedings.

16. This Act shall not exempt any person from any proceeding for
an offence which is punishable at common law, or under any Act of
Parliament other than this Act, so that a person be not punished
twice for the same offence.

S.17 rep. by 1945 c.15 (NI) s.46 sch.4. S.18 rep. by 1968 c.10
(NI) s.11 sch. S.19 rep. by SLR 1898. S.20 rep. by 1923 c.9 (NI)
s.5(4) sch.2