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The Bloody Code is a term used to refer to the system of crimes and punishments in England in the 19th century. It was not referred to as such in its own time, but the name was given later owing to the sharply increased number of people given the death penalty.
In 1688 there were 50 offences on the statute book punishable by death, but that number had almost quadrupled by 1776, and it reached 220 by the end of the century. Most of the new laws introduced during that period were concerned with the defence of property, which some commentators have interpreted as a form of class suppression of the poor by the rich. George Savile, 1st Marquess of Halifax, expressed a contemporary view when he said that "Men are not hanged for stealing horses, but that horses may not be stolen". Grand larceny was one of the crimes that attracted the death penalty, despite the fact that it was defined as the theft of goods worth more than 12 pence, which was only about one-twentieth of the weekly wage for a skilled worker at the time. As the 18th century wore on, jurors often deliberately under-assessed the value of stolen goods, in order to avoid making a sentence of death mandatory.
Since the law makers still wanted punishments to scare potential criminals, but needed them to become less harsh, transportation became the more common punishment. Since the American Colonies had won independence by this time, the majority of convicts were transported to Australia. It has been estimated that over one-third of all criminals convicted between 1788 and 1867 were transported to Australia and Van Diemen's Land (now Tasmania). Some criminals could escape transportation if they agreed to join the army.
It is a melancholy truth, that among the variety of actions which men are daily liable to commit, no less than a hundred and sixty have been declared by Act of Parliament to be felonious without benefit of clergy; or, in other words, to be worthy of instant death
Relaxation of the law
In 1823 the Judgement of Death Act 1823 made the death penalty discretionary for all crimes except treason and murder. Gradually during the middle of the nineteenth century the number of capital offences was reduced, and by 1861 was down to five. The last execution in the UK took place in 1964, and the death penalty was legally abolished in the following years:
- Murder, temporarily from 1965, permanently from 1969
- Arson in a naval dockyard, 1971
- Espionage, 1981
- Piracy 1998
- High treason, 1998
- Brodeur, Jean-Paul; McCormick, Kevin R. E.; Visano, Livy A. (1992), "High Policing and Low Policing: Remarks about the Policing of Political Activities", Understanding Policing, Canadian Scholars’ Press, ISBN 1-55130-005-2
- Glyn-Jones, Anne (2000), Holding up a Mirror: How Civilizations Decline (Revised 2nd ed.), Imprint Academic, ISBN 978-0-907845-60-7
- Sharpe, Jim (2001), "Crime, Order and Historical Change", in Muncie, John; McLaughlin, Eugene, The Problem of Crime (2nd ed.), Sage Publications, pp. 107–150, ISBN 978-0-7619-6971-6
- Wade, Stephen (2009), Britain's Most Notorious Hangmen, Wharncliffe Local History, ISBN 978-1-84563-082-9
- Wilf, Steven (2010), Law's Imagined Republic: Popular Politics and Criminal Justice in Revolutionary America, Cambridge University Press, ISBN 978-0-521-14528-2