History UsefulNotes / BritishLaws

* [[ResignationsNotAccepted It is illegal to resign from the House of Commons]]. [[LoopholeAbuse However]], an [=MP=] who accepts an "office of profit under the Crown"--that is to say, a paid position in the executive or judiciary of the UK--must immediately stand to be re-elected to Parliament from their constituency in a special by-election or else be disqualified from Parliament. However, positions in the Cabinet and most other executive positions with a Crown salary are exempt from this rule (to spare the expense and annoyance of having to run by-elections for nearly the entire Government as soon as it is formed). Thus in order to resign from Parliament, [=MPs=] resort to a legal fiction whereby they're appointed to an office of profit under the Crown that is ''not'' exempted (usually either Crown Steward and Bailiff of the Chiltern Hundreds or Steward and Bailiff of the Manor of Northstead, non-jobs with pittance salaries), immediately disqualifying them from serving in Parliament unless they stand again (which, with [[http://en.wikipedia.org/wiki/David_Davis_%28British_politician%29 one notable exception]], has not happened since the exemptions were established).

* Despite the UKs reputation for its lenient justice system, compared to the USA, it actually has much stricter attitude towards manslaughter. (The irony being in that a deliberate murder will see you get a lesser sentence then in the USA, whilst an AccidentalMurder will see you get a ''harsher'' sentence in the UK).

IMPORTANT! This does NOT mean you can currently do this and get away with it. Shooting anyone (Welshman nor not) with a weapon anywhere will get you in prison. A judge will NOT say "Well, if he was Welsh, and you used a crossbow, and you were in Coventry after dark, so I'm going to have to have you acquitted. You will just go to prison.

* Carrying a knife in public is illegal, unless it meets very specific criteria (the blade must be under 3" and not fixed or automatic (i.e. it must fold out of the handle by being pulled on by the user)) and cannot "lock" into place, unless the owner can prove they have a good reason for carrying it (e.g. their job, or they have just bought it from a store and are bringing it home). Until recently any bladed instrument could be owned on private property except for [[ButterflyKnife butterfly knives]]. The sale, import and export of curved (read: replica samurai) swords is now illegal, excepting traditionally manufactured and martial arts swords. Also, you have to be 18 to buy all forms of blades, including butter knives, paper knives and safety scissors, leading to the odd situation of University students without ID being prevented from buying cutlery for their first year away from home.

** Gay marriage is not permitted in Northern Ireland. Gay marriages performed elsewhere in the UK are treated as civil partnerships there. The status of gay marriages performed in the Republic of Ireland (legal starting 2015 under the Thirty-Fourth Amendment to the Constitution of the State) is pending, but are likely to receive the same treatment.[[note]]Note that pursuant to the vote in the Republic, there has been discussion of legalising same-sex marriage in Northern Ireland. The issue is that although proponents of the move have a slim but distinct majority in the public at large, the Democratic Unionist Party, which is staunchly opposed to the measure, holds a majority of the seats held by "Designated Unionist" parties, and such a measure would require "cross-community support"--i.e. a majority of seats held by both Designated Nationalist and Designated Unionist parties--and thus it's not happening in NI anytime soon. Probably.[[/note]]

** Abortion is illegal in [[UsefulNotes/NorthernIreland Stroke Country]] and in the Republic of Ireland (unless the Mother's life is threatened), but it is not illegal for people in either part of Ireland seeking abortions to travel to Britain to have one for free on the NHS. After a case in Ireland where pro-life doctors [[http://en.wikipedia.org/wiki/Savita_Halappanavar refused to allow a young Indian woman an abortion]] even though it was clear she would die without it, this may soon change for the Republic.[[note]] There is some dispute as to whether an abortion would have saved her. Let us continue this discussion [[FlameWar no further than that]].[[/note]]

* Carrying a knife in public is illegal, unless it meets very specific criteria (the blade must be under 3" and not fixed or automatic (i.e. it must fold out of the handle by being pulled on by the user)) unless the owner can prove they have a good reason for carrying it (e.g. their job, or they have just bought it from a store and are bringing it home). Until recently any bladed instrument could be owned on private property except for [[ButterflyKnife butterfly knives]]. The sale, import and export of curved (read: replica samurai) swords is now illegal, excepting traditionally manufactured and martial arts swords. Also, you have to be 18 to buy all forms of blades, including butter knives, paper knives and safety scissors, leading to the odd situation of University students without ID being prevented from buying cutlery for their first year away from home.

** Similar to bullet resistant armour, there are not restrictions on purchasing and wearing stab resistant armour, though again this is highly unusual outside military and police contexts.

* The age of sexual consent is 16. If a person older than that has sex with someone below it, it is now rape of a young child (distinct from and more harshly punished than rape) if the younger partner is under 13 or sexual activity with a minor (if they're between 13 and 16; this carries a lesser punishment). Until recently, the age for male homosexuality was 18 (and before that, 21), and the age for female homosexuality was non-existent, as it had never been banned. They're now both set at 16.

** The legal age to ''consume'' alcohol is ''5'' (you read that correctly), in private with parental supervision. This reflects actual British habits, as it's not considered harmful to give children small amounts of alcohol (not enough for the kid to get drunk on, of course) on certain occasions (particularly [[UsefulNotes/AVeryBritishChristmas Christmas]]). Below that age, a doctor has to decide that it would be a good idea for some medical reason (rarely invoked, obviously).
** Note that carrying an opened container of alcohol in a public place is an offence under various city bye-laws. Check if it applies to you. Normally the worst that will happen is the nice police officer will confiscate your stuff, but if you are egregiously drunk, you may end up spending a night in the cells.

** Shotguns with a legal shell capacity require a licence. The licence is a right and it is up to Police to have a reason NOT to issue one. Getting a licence for a legal rifle requires a "good reason" and it is up to you to show why you should have it. A licence can be issued for specific uses in specific areas, ie "To shoot rabbit on Warren Farm" and you can then only use the weapon for that specific use and no other. (it explicitly cannot be for self-defence, excepted in [[UsefulNotes/NorthernIreland Norn Iron]]), but there is no lower age limit.

* [[ResignationsNotAccepted It is illegal to resign from the House of Commons]]. However, an [=MP=] who accepts an "office of profit under the Crown"--that is to say, a paid position in the executive or judiciary of the UK--must immediately stand to be re-elected to Parliament from their constituency in a special by-election or else be disqualified from Parliament. However, positions in the Cabinet and most other executive positions with a Crown salary are exempt from this rule (to spare the expense and annoyance of having to run by-elections for nearly the entire Government as soon as it is formed). Thus in order to resign from Parliament, [=MPs=] resort to a legal fiction whereby they're appointed to an office of profit under the Crown that is ''not'' exempted (usually either Crown Steward and Bailiff of the Chiltern Hundreds or Steward and Bailiff of the Manor of Northstead, non-jobs with pittance salaries), immediately disqualifying them from serving in Parliament unless they stand again (which, with [[http://en.wikipedia.org/wiki/David_Davis_%28British_politician%29 one notable exception]], has not happened since the exemptions were established).

* The possession of handguns by civilians has been illegal since 1998.[[note]]This was in response to the Dunblane Massacre, a school shooting in which sixteen young children and a teacher were killed and fifteen injured by someone armed with four handguns.[[/note]]
** [[RunningGag Except in Northern Ireland]].
* Shotguns require a licence. The licence is a right and it is up to Police to have a reason NOT to issue one. Getting a licence for a rifle requires a "good reason" and it is up to you to show why you should have it. A licence can be issued for specific uses in specific areas, ie "To shoot rabbit on Warren Farm" and you can then only use the weapon for that specific use and no other. (it explicitly cannot be for self-defence, excepted in [[UsefulNotes/NorthernIreland Norn Iron]]), but there is no lower age limit.
* Carrying "realistic-looking replica firearms" openly in public is illegal. (Airsoft weapons should be stored in a case, unloaded.) Since the passing of the Violent Crime Reduction Act 2006, the sale of such is also illegal barring a few specific defences.
* Carrying a knife in public is illegal, unless it meets very specific criteria (the blade must be under 3" and not fixed or automatic (i.e. it must fold out of the handle by being pulled on by the user)) unless the owner can prove they have a good reason for carrying it (e.g. their job). Until recently any bladed instrument could be owned on private property except for [[ButterflyKnife butterfly knives]]. The sale, import and export of curved (read: replica samurai) swords is now illegal, excepting traditionally manufactured and martial arts swords. Also, you have to be 18 to buy all forms of blades, including butter knives, paper knives and safety scissors, leading to the odd situation of University students without ID being prevented from buying cutlery for their first year away from home.

* Shotguns require a licence. The licence is a right and it is up to Police to have a reason NOT to issue one. Getting a licence for a rifle requires a "good reason" and it is up to you to show why you should have it. A licence can be issued for specific uses in specific areas, ie "To shoot rabbit on Warren Farm" and you can then only use the weapon for that specific use and no other. (it explicitly cannot be for self-defence, excepted in [[StrokeCountry Norn Iron]]), but there is no lower age limit.

* If you design to/attempt to/deliberately kill the Sovereign, any of their family, then you ''must'' be tried for treason, not murder or manslaughter (neither of these verdicts, in fact, are available to the court). Duress and marital coercion are not defenses. If it was by accident then manslaughter and negligent homicide are available. The Treason Act 1495 provides that in a civil war between two claimants to the throne, those who fight for the losing side cannot be held guilty of a crime merely for fighting against the winner.

Oh, and one fundamental thing: Britain--specifically England--is the origin of TheCommonLaw and remains a common-law jurisdiction. Thus, unlike on the continent, justice is based heavily on precedent. In other words, if there exists an old case that is substantially similar to the case being decided on, then the ruling in the old case will be followed. Hence, a judge's final ruling for a case will be essentially a law that will bind all later substantially similar cases, unless a decision to overrule (which is rare, and only made by Supreme Court, or in previous eras the House of Lords) is made later. That's why in lawyer movies / TV series, lawyers may have to look up century-old cases for possible precedent which might be helpful for their current case, though mostly for better understanding as the laws created by those cases are readily documented in any references (unless it's so obscure or obsolete like the laws shown below).

** The legal age to ''consume'' alcohol is ''5'', in private with parental supervision. Below that age, a doctor has to decide that it would be a good idea for some medical reason (rarely invoked, obviously).

** It is legal to consume alcohol in a pub/bar/restaurent with a meal at 16, but it must be bought by someone at least 18.
*** Only wine or beer, though, no spirits. And it's at the premises' discretion; they're legally allowed to refuse alcohol to 16-to-18-year-olds - actually, all selling of alcohol is at the premises' discretion, so someone can refuse to sell you alcohol even if you're clearly over 18 because they think you're already too drunk, or they`re not convinced you're actually old enough (even if you've shown them ID, it might not be real, or yours, after all) which avoids issues if they don't believe what you say your age is.
*** The legal age to ''consume'' alcohol is ''5'', in private with parental supervision. Below that age, a doctor has to decide that it would be a good idea for some medical reason (rarely invoked, obviously).
*** Note that carrying an opened container of alcohol in a public place is an offence under various city bye-laws. Check if it applies to you. Normally the worst that will happen is the nice police officer will confiscate your stuff, but if you are egregiously drunk, you may end up spending a night in the cells.

** In UK works you may expect to run across references of [[StarCrossedLovers teenage lovers eloping]] to get married in Gretna. Historically this was the first town you'd come to across the Scottish border and therefore seen as a quick place to get married in. As such it has accrued a bit of a romantic reputation and now has a sizable waiting list for marriages. Still, you can pass your time at the giant outlet mall near the motorway.
** Gay marriage is now legal in England & Wales, but now only recently in Scotland[[note]]Law in effect since 31st December 2014[[/note]] so the reverse was true for gay couples.

* The age of sexual consent is 16. If a person older than that has sex with someone below it, it is now rape of a young child (distinct from and more harshly punished than rape) if the younger partner is under 13 or sexual activity with a minor (if they're between 13 and 16; this carries a lesser punishment).
** Until recently, the age for male homosexuality was 18 (and before that, 21), and the age for female homosexuality was non-existant, as it had never been banned. They're now both set at 16.

** This is also a conscience issue for doctors; no doctor has sign off on or carry out an abortion if it conflicts with their own beliefs but in this case they are legally obliged to refer the patient on to a doctor who will and also legally obliged to make sure that this delays the process as little as possible
** Abortion is illegal in [[UsefulNotes/NorthernIreland Stroke Country]] and in the Republic of Ireland (unless the Mother's life is threatened), but it is not illegal for people seeking abortions to travel to the UK to have one for free on the NHS. After a case in Ireland where pro-life doctors [[http://en.wikipedia.org/wiki/Savita_Halappanavar refused to allow a young Indian woman an abortion]] even though it was clear she would die without it, this may soon change for the Republic.
** There is some dispute as to whether an abortion would have saved her. Let us continue this discussion [[FlameWar no further than that]].
* It's not illegal to jaywalk. Many Brits find the idea it might be baffling. Even if crossing lights say Dont Walk you can happily cross if you can see the way is clear. This applies to all roads except Dual Carriageways and Motorways. Unlike the US pedestrians do not have right of way at crossings or junctions.[[note]]Pedestrians do have right of way when crossing side roads against vehicles turning into them but use common sense and make sure the driver has seen you and is stopping. The standard procedure when crossing a side road with traffic waiting to exit it is to cross immediately ''behind'' the first vehicle so as to not impede their ability to pull out into a small gap.[[/note]] Many an American tourist in London has had a shock when they expect traffic to stop for them.

* Incitement to racial hatred is a criminal offence. Any criminal act that is racially motivated or homophobic will get an increased sentence.
** Attempts to bring in similar laws for "religious hatred" failed due to concerns over stifling legitimate debate. Similarly, Creator/RowanAtkinson led a campaign to remove a vaguely worded provision against "insulting" language, which it was feared would lead to an even worse stifling.

* Carrying "realistic-looking replica firearms" openly in public is illegal. (Airsoft weapons should be stored in a case, unloaded.)
** Since the passing of the Violent Crime Reduction Act 2006, the sale of such is also illegal barring a few specific defences.
* Carrying a knife in public is illegal, unless it meets very specific criteria (the blade must be under 3" and not fixed or automatic (i.e. it must fold out of the handle by being pulled on by the user)) unless the owner can prove they have a good reason for carrying it (e.g. their job). Until recently any bladed instrument could be owned on private property except for [[ButterflyKnife butterfly knives]]. The sale, import and export of curved (read: replica samurai) swords is now illegal, excepting traditionally manufactured and martial arts swords. Also, you have to be 18 to buy a knife.
** The age restriction actually applies to all forms of blades, including butter knives, paper knives and safety scissors, leading to the odd situation of University students without ID being prevented from buying cutlery for their first year away from home.

** The BBC may not run adverts, but product placement is another matter...
*** Not quite, the BBC can not make or fund any show with product placement, nor can they show 3rd party shows with obvious product placement, however commercial offshoots (Like BBC America) can show product placement with some limitations.

It is important to note, however, that the law system in Scotland is very different from the rest of the country. While laws passed by parliament (e.g. age restrictions and weapon laws) still come into effect, as a result of devolution, the Scottish parliament now passes laws of its own, and some new laws in the UK parliament do not apply. The system of courts and the legal basis for them is also different, and precedent is not as important in determining the law and the High Court of Justiciary (Scotland's highest criminal court) has limited declaratory powers. Even before devolution Scotland had a separate Common Law (Scots Law), as a result of its separate judiciary; unlike the English common law, Scots Law is heavily influenced by the Roman Civil Law (transmitted by French law professors before UsefulNotes/TheHouseOfStuart inherited the English Crown, thanks to the Auld Alliance).

Britain has a fine tradition of unabolished weird laws. [[BlatantLies None of these are apocryphal]] Among the most famous are:

* If you meet a Welshman within the city walls of Coventry after dark, it is legal to shoot him with a crossbow.
** There are multiple variations of this in various cities. They generally involve criteria such as:
###The victim being Welsh or Scottish; which tends to depend which border is nearer.
###It being (or not) a Sunday or under certain circumstances on a Sunday.
###Some specified weapon, usually a bow or crossbow.
###Being within the city limits or a specific area of the city.

* Up until the late Nineties, there were still three crimes which carried the death penalty, even though the death penalty itself had been abolished for most crimes thirty years before. These were treason, piracy on the high seas, and arson in HM shipyards. The last provision is a relic of when Britain's navy was made of wooden ships and so starting a fire in HM dockyards could potentially cripple British military strength. Sort of the equivalent to setting off a fission bomb in Pearl Harbor.
** The arson in HM shipyards was demoted as separate incrimination in 1971, and folded in the general crime of arson.

** It is illegal to be drunk and in "control" of a cow.
*** Though this law did actually make a lot of sense when it was passed, as farmers would go to town centres on market day, get sloshed, and then have to drive their unsold livestock back to their farms, except they were now woefully incapable of doing so. The chaos this created makes the law seem rather clever, in hindsight.

* Notably, while male homosexuality was illegal in Britain until the latter half of the 20th Century, lesbianism was not outlawed because (so legend has it) Queen Victoria refused to believe women would actually do such things and persuaded the Prime Minister of the time to remove references to it from the Act.
** This legend is actually untrue. As a constitutional monarch, the Queen did not have the power to overrule parliament. Had she tried, there would have been political uproar. There is belief, however, that parliament themselves [[DoNotDoThisCoolThing omitted lesbianism in case gave women ideas]].