{"id":"a-db-1783","name":"CRIMINAL AND CIVIL JUSTICE ACT 1351 25 EDW 3 ST 5 C 4","slug":"criminal-and-civil-justice-act-1351-25-edw-3-st-5-c-4","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":234156,"registerId":"act-criminal-and-civil-justice-act-1351-25-edw-3-st-5-c-4-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CRIMINAL AND CIVIL JUSTICE ACT 1351 25 EDW 3 ST 5 C 4","content":"Australian Capital Territory\nCriminal and Civil Justice Act 1351\n25 Edw 3 St 5 c 4\nRepublication No 1\nRepublication date: 5 July 2002\nAuthorised by the ACT Parliamentary Counsel\n\nAbout this republication\nThe republished law\nThis is a republication of the Criminal and Civil Justice Act 1351 25 Edw 3 St 5 c 4 as in\nforce on 5 July 2002. It includes any commencement, repeal or expiry affecting the\nrepublished law and any amendment made under the Legislation Act 2001, part 11.3\n(Editorial changes).\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCriminal and Civil Justice Act 1351\n25 Edw 3 St 5 c 4\nContents\nPage\nNone shall be taken upon suggestion without lawful presentment 1\nEndnotes\n1 About the endnotes 2\n2 Abbreviation key 2\n3 Legislation history 3\n4 Amendment history 3\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nCriminal and Civil Justice Act 1351\n25 Edw 3 St 5 c 4\nNone shall be taken upon suggestion without lawful\npresentment\nWhereas it is contained in the Great Charter of the Franchises of England,\nthat none shall be imprisoned nor put out of his freehold, nor of his\nfranchises nor free custom, unless it be by the law of the land;\nIt is accorded, assented, and established, that from henceforth none shall be\ntaken by petition or suggestion made to our Lord the King, or to his\nCouncil, unless it be by indictment or presentment of good and lawful\npeople of the same neighbourhood where such deeds be done, in due\nmanner, or by process made by writ original at the common law;\nAnd that none be deprived of his franchises, or of his freeholds, unless he\nbe duly brought into answer, and forejudged of the same by the course of\nthe law;\nAnd if anything be done against the same, it shall be redressed and holden\nfor none.\n\nEndnotes\nAbout the endnotes 1\nR1 Criminal and Civil Justice Act 1351 25 Edw 3 St 5 c 4 page 2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nEndnotes\nLegislation history 3\nR1 Criminal and Civil Justice Act 1351 25 Edw 3 St 5 c 4 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a UK Act—25 E dw 3 St 5 c 4 (UK). The Act was\nrenamed as the Criminal and Civil Justice Act 1351 when it was first\nrepublished under the Legislation Act 2001.\nThe Act was in force in NSW immediately before 1 January 1911 (the date\nof establishment of the ACT) and was continued in force by the Seat of\nGovernment Acceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the\nAct had effect in the ACT as if it were an ACT law (subject to ordinances\nmade under the Seat of Government (Administration) Act 1910).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former UK laws in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and\nrepeal the laws. This Act was converted into an ACT enactment on 11 May\n1989 (self-government day).\nUnder the Interpretation Act 1967 (repealed), s 65 all former UK Acts in\nforce in the ACT immediately before 10 November 1999 (including this Act)\nbecame, for all purposes, laws made by the ACT Legislative Assembly. This\ncompleted the process of making former UK Acts fully into ACT laws.\nCriminal and Civil Justice Act 1351 25 Edw 3 St 5 c 4\nas amended by\nImperial Acts Application Act 1986 A1986-93 s 5 and sch 3 pt 3\nnotified 12 January 1987 (Cwlth Gaz 1986 No S1)\ns 5 and sch 3 pt 3 commenced 12 January 1987 ( s 2 (1))\n4 Amendment history\nThe Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 3 set out the\ntext of this Act in an amended form and provided for the amended form to\napply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4)\nand (5)).\nThis Act has not been amended since the enactment of the 1986 Act, except\nunder the Legislation Act 2001.\nName of Act\nam R1 LA\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains focused on preventing deprivation of liberty or property except by lawful process. Its conversion from an historic UK Act into the local statute book (and the textual adjustments applied by later enactments that incorporated it) did not materially broaden the clause’s substantive scope; it preserves the original procedural protection against detention or forfeiture based on mere petition or suggestion rather than formal indictment/presentment or writ. Any apparent extension of application stems from its retention and operation within a modern jurisdiction rather than from an expansion of the statute’s text or purpose."},"complexity_factors":["Single substantive clause (one short provision)","Archaic language and terms (e.g. 'presentment', 'freehold', 'franchises') requiring modern judicial interpretation","No definitions section or modern interpretive provisions in the text","Minimal internal cross‑references but potential cross‑reference issues with modern criminal procedure and administrative statutes","Historical conversion into local law (text originated as a medieval UK Act and was carried into ACT law), creating potential interpretive complexity about contemporaneous applicability","Endnotes and enactment history included separately (adds meta‑complexity for locating amendments or modifications)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- States that no person may be arrested, imprisoned, or deprived of their property or rights except by lawful process of the law.\n- Prohibits detention or punishment that is based merely on a petition, suggestion, or private complaint to the sovereign (or a council) instead of by a formal criminal process — specifically by indictment or presentment from people of the neighbourhood (a local jury-type finding) or by an original common‑law writ.\n- Requires that a person cannot lose franchises (legal rights) or freehold (ownership of land) unless they are properly brought to answer in court and finally judged by the course of law.\n- Declares that any action contrary to these rules is void and must be redressed (treated as having no legal effect).\n\n**Who it affects**\n\n- Individuals within the jurisdiction where the Act operates (in this document: the Australian Capital Territory enactment of the statute). It protects any person from being deprived of liberty or property except through the prescribed legal procedures.\n- Executive actors (police, prosecutors, government officials) are constrained from relying on informal petitions or political suggestions to detain, punish or forfeit property; they must use formal legal processes (indictment, presentment, or writs).\n- Courts and juries (or their modern equivalents) are the decision-makers authorised to deprive someone of liberty or property under the procedures the Act protects.\n\n**Why it matters (purpose and practical effect)**\n\n- Purpose claim: the statute is aimed at preventing arbitrary arrest and seizure and ensuring individuals are only deprived of liberty or property after formal legal process. That is the text’s explicit purpose.\n\n- Practical effect and how it changes behaviour:\n  - It channels executive action into formal criminal procedures (indictment/presentment or writs), increasing procedural safeguards for accused persons.\n  - It limits the use of private petitions or informal political requests as a substitute for lawful criminal process; those informal routes cannot legally remove liberty or property under the statute’s terms.\n  - It creates a legal basis for a court to treat contrary actions as null and to order redress.\n\n**Costs, incentives and trade‑offs**\n\n- Who pays: the immediate cost is borne by the executive (police, prosecutors, administrative decision‑makers) who must follow formal procedures rather than using ad hoc or political mechanisms. That can increase administrative and litigation costs if formal indictments or writs are required where previously summary administrative action was used.\n- Who benefits: accused individuals and property holders gain procedural protection and a clearer pathway to challenge wrongful deprivation of liberty or property.\n- Incentives and substitution effects: officials may substitute formal processes for informal measures; where statute or regulation expressly authorises administrative detention or property forfeiture, tensions may arise and courts may need to reconcile the historic rule with modern statutory schemes.\n- Implementation risks and compliance burden: the Act’s language is archaic and brief. Courts and administrators must interpret terms like “presentment,” “franchises,” and “freehold” in a modern context, which creates uncertainty and potential litigation to settle meanings. There is a risk of overlap and duplication with current criminal procedure, administrative law, and any human‑rights frameworks that also protect liberty and property.\n\n**Other legal and practical notes**\n\n- The statute’s text is short and focuses on process guarantees rather than prescribing modern procedural details (for example, it does not set out timeframes, notice requirements, or exact courtroom procedures). Practically, modern criminal procedure statutes, rules of evidence, and constitutional or human‑rights instruments will usually fill those details.\n- Because the text uses older terms (e.g. “freehold,” “franchises,” “presentment”), courts will typically interpret it alongside modern legislation and precedent to determine its current scope and effect.\n\nOverall, the Act functions as a compact, historically rooted protection against summary or politically motivated deprivation of liberty or property, requiring formal legal process before those deprivations can occur. It imposes procedural limits on executive action, benefits individuals subject to criminal or property‑related actions, and creates interpretive questions when aligned with modern statutory frameworks."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation remains exactly as enacted in 1351. The modern republication machinery (Legislation Act 2001 formatting, penalty unit references) does not alter the substantive scope. The Act was originally a UK statute that became ACT law through a series of constitutional transfers (Seat of Government Acceptance Act 1909, Self-Government Act 1988, Interpretation Act 1967), but its legal effect and scope have remained constant for over 650 years."},"complexity_factors":["Single operative provision consisting of approximately 150 words","No defined terms section","No cross-references to other legislation (except historical references to Magna Carta)","No conditional logic or nested exceptions","Simple declarative structure: prohibition + remedy","Modern editorial changes limited to formatting and republication machinery"],"plain_english_summary":"This is one of the oldest pieces of legislation still on the books in Australia, dating back to 1351 in medieval England. The **Criminal and Civil Justice Act 1351** is a foundational law that protects people from being arrested or punished based on rumours, accusations, or backroom complaints ('petition or suggestion') made to the King or his advisors.\n\n**What it does:**\n- **Bans arbitrary arrest**: Nobody can be imprisoned, stripped of their property, or lose their rights ('franchises') just because someone whispered in the King's ear.\n- **Requires due process**: Before someone can be punished, they must either:\n  - Be formally charged by a jury of their neighbours ('indictment or presentment'), or\n  - Be served with proper legal paperwork ('writ original at the common law') and given a chance to defend themselves in court.\n- **Protects property rights**: You can't lose your land or rights without being formally brought to court and judged according to law.\n- **Provides a remedy**: If anyone breaks these rules, their actions are invalid ('holden for none') and must be fixed.\n\n**Why it matters:**\nThis law is the ancestor of modern **habeas corpus** (the right not to be detained without legal cause) and **due process** protections. It prevents the powerful from using the legal system to target enemies through secret accusations. While ancient, it remains part of ACT law and symbolises the principle that punishment requires fair, open legal procedures—not royal favour or political influence."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/criminal-and-civil-justice-act-1351-25-edw-3-st-5-c-4","history":"/api/acts/criminal-and-civil-justice-act-1351-25-edw-3-st-5-c-4/history","analysis":"/api/acts/criminal-and-civil-justice-act-1351-25-edw-3-st-5-c-4/analysis","conflicts":"/api/acts/criminal-and-civil-justice-act-1351-25-edw-3-st-5-c-4/conflicts","importantCases":"/api/acts/criminal-and-civil-justice-act-1351-25-edw-3-st-5-c-4/important-cases","documents":"/api/acts/criminal-and-civil-justice-act-1351-25-edw-3-st-5-c-4/documents"}}