[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/poia1908233.txt

[New search] [Help]

PUNISHMENT OF INCEST ACT 1908

PUNISHMENT OF INCEST ACT 1908 - LONG TITLE

An Act to provide for the punishment of Incest.
[21st December 1908]
Incest by males.

PUNISHMENT OF INCEST ACT 1908 - SECT 1

1.(1) Any male person who has carnal knowledge of a female person,
who is to his knowledge his grand-daughter, daughter, sister, or
mother, shall be guilty of a misdemeanour, and upon conviction
thereof shall be liable, at the discretion of the court, to ...
penal servitude for any term ... not exceeding seven years ...:
Provided that if, on an indictment for any such offence, it is
alleged in the indictment and proved that the female person is
under the age of [fourteen] years, the same punishment may be
imposed as may be imposed under section four of the Criminal Law
Amendment Act, 1885 (which deals with the defilement of girls under
[fourteen] years of age).

(2) It is immaterial that the carnal knowledge was had with the
consent of the female person.

(3) If any male person attempts to commit any such offence as
aforesaid, he shall be guilty of a misdemeanour, and upon conviction
thereof shall be liable at the discretion of the court to be
imprisoned for any time not exceeding two years ....

(4) On the conviction before any court of any male person of an
offence under this section, or of an attempt to commit the same,
against any female under [eighteen] years of age, it shall be in
the power of the court to divest the offender of all authority
over such female, and, if the offender is the guardian of such
female, to remove the offender from such guardianship, and in any
such case to appoint any person or persons to be the guardian or
guardians of such female during her minority or any less period:

Provided that the High Court may at any time vary or rescind the
order by the appointment of any other person as such guardian, or
in any other respect.

PUNISHMENT OF INCEST ACT 1908 - SECT 2
Incest by females of or over sixteen.

2. Any female person of or above the age of sixteen years who
with consent permits her grandfather, father, brother, or son to
have carnal knowledge of her (knowing him to be her grandfather,
father, brother, or son, as the case may be) shall be guilty of a
misdemeanour, and upon conviction thereof shall be liable, at the
discretion of the court, to ... penal servitude for any term ...
not exceeding seven years ...

PUNISHMENT OF INCEST ACT 1908 - SECT 3
Test of relationship.

3. In this Act the expressions "brother" and "sister," respectively,
include half-brother and half-sister, and the provisions of this Act
shall apply whether the relationship between the person charged with
an offence under this Act and the person with whom the offence is
alleged to have been committed, is or is not traced through lawful
wedlock.

PUNISHMENT OF INCEST ACT 1908 - SECT 4
Prosecution of offences.

4.Subs.(1)(2) rep. by 1945 c.15 (NI) s.46 sch.4

(3) ... If, on the trial of any indictment for an offence under
this Act, the jury are satisfied that the defendant is guilty of
any offence under sections four or five of the Criminal Law
Amendment Act, 1885, but are not satisfied that the defendant is
guilty of an offence under this Act, the jury may acquit the
defendant of an offence under this Act and find him guilty of an
offence under sections four or five of the Criminal Law Amendment
Act, 1885, and he shall be liable to be punished accordingly.

Subs.(4) rep. by SLR (NI) 1954

PUNISHMENT OF INCEST ACT 1908 - SECT 5
Proceedings to be held in camera.

5. All proceedings under this Act are to be held in camera.[

PUNISHMENT OF INCEST ACT 1908 - SECT 6
Consent of Attorney-General.

6. If any person is charged with any offence under this Act ...
further proceedings on such a charge shall not be taken against him
without the consent of the Attorney-General for Northern Ireland.]

PUNISHMENT OF INCEST ACT 1908 - SECT 8
Short title.

8. This Act may be cited as the Punishment of Incest Act, 1908
....