Treason Act 1708
The Treason Act 1708 is an act of the Parliament of Great Britain which harmonised the law of high treason between the former kingdoms of England and Scotland following their union as Great Britain in 1707.
the act is partly still in force in Great Britain.
Offences
Before the act was passed, treason in Scotland consisted of "theft in landed men, murder under trust, wilful fire-raising, firing coalheughs, and assassination." Section 1 of the act abolished these offences and replaced them with the English definition of high treason. The act also applied the English offence of misprision of treason to Scotland.The act also created new offences of treason. It became treason:
- to counterfeit the Great Seal of Scotland and other Scottish seals, and
- to slay the Lords of Session or Lords of Justiciary "sitting in Judgment in the Exercise of their Office within Scotland".
Since 1708 treason law in Scotland has generally remained the same as in England. However while the offence of counterfeiting the Seal of Scotland was removed from English treason law in 1861, it is still treason in Scottish law. Also counterfeiting the Great Seal of Great Britain ceased to be treason in England and became a felony in 1861.
When the Scottish Parliament was established in 1998, treason and misprision of treason were designated as reserved matters, meaning they fall outside its jurisdiction.
Procedure
Section 3 of the act required the Scottish courts to try cases of treason and misprision of treason according to English rules of procedure and evidence. This rule was repealed in 1945 by section 2 of, and the schedule to, the Treason Act 1945.Sections still in force
The act originally had eleven sections, which were later renumbered one to fourteen. Of the fourteen sections, four survive:- Section 1 brings Scottish law into line with English law in respect of high treason and misprision of treason.
- Section 5 made the penalties for high treason and misprision of treason in Scotland the same as in England.
- Section 11 makes it treason to kill certain Scottish judges.
- Section 12 makes it treason to forge "Her Majesty's Seals appointed by the Twenty-fourth Article of the Union to be kept, used, and continued in Scotland". This list of seals includes the Great Seal of Scotland.