{"id":"a-db-1776","name":"DUE PROCESS OF LAW ACT 1368 42 EDW 3 C 3","slug":"due-process-of-law-act-1368-42-edw-3-c-3","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":234160,"registerId":"act-due-process-of-law-act-1368-42-edw-3-c-3-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"DUE PROCESS OF LAW ACT 1368 42 EDW 3 C 3","content":"Australian Capital Territory\nDue Process of Law Act 1368\n42 Edw 3 c 3\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 Due Process of Law Act 1368 42 Edw 3 c 3 as in force on\n5 July 2002. It includes any commencement, repeal or expiry affecting the republished\nlaw and any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges).\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\nDue Process of Law Act 1368\n42 Edw 3 c 3\nContents\nPage\nNone shall be put to answer without due process of law 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\nDue Process of Law Act 1368\n42 Edw 3 c 3\nNone shall be put to answer without due process of law\nNo person be put to answer without presentment before justices, or matter\nof record, or by due process and writ original, according to the old law of\nthe land:\nAnd if any thing from henceforth be done to the contrary, it shall be void in\nthe law, and holden for error.\n\nEndnotes\nAbout the endnotes 1\nR1 Due Process of Law Act 1368 42 Edw 3 c 3 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 Due Process of Law Act 1368 42 Edw 3 c 3 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—(1368) 42 Edw 3 c 3 (UK). The Act was\nrenamed as the Due Process of Law Act 1368 when it was first republished\nunder 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.\nDue Process of Law Act 1368 42 Edw 3 c 3\nas amended by\nImperial Acts Application Act 1986 A1986-93 s 5 and sch 3 pt 5\nnotified 12 January 1987 (Cwlth Gaz 1986 No S1)\ns 5 and sch 3 pt 5 commenced 12 January 1987 (s 2 (1))\n4 Amendment history\nThe Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 5 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)).\nThe preamble and enacting words were omitted by the 1986 Act.\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\nEndnotes\nAmendment history 4\nR1 Due Process of Law Act 1368 42 Edw 3 c 3 page 4\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNone shall be put to answer without due process of law\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":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This republished version did not expand the Act’s substantive scope. The text reproduces the original medieval provision in shortened form; editorial changes (removal of preamble, formatting) were made when the imperial Act was adapted for local law, but those were not substantive alterations to the operative sentence. The provision has been carried forward into ACT law by successive acts that preserved its effect rather than broadened its purpose."},"complexity_factors":["Single substantive clause (very short text).","No defined terms or schedules.","Uses archaic/common‑law terminology (\"presentment\", \"writ original\", \"old law of the land\") creating interpretive ambiguity.","No cross‑referenced sections within the Act.","Historical cross‑references in the republication history (conversion from UK Act and incorporation into ACT law) but no substantive amendments since 1986.","Potential interaction complexity with modern criminal procedure statutes and court rules (external cross‑references), although not spelled out in the Act itself."],"plain_english_summary":"The Act forbids compelling anyone to \"answer\" criminal or quasi‑criminal accusations unless the charge is begun by one of three formal means (a presentment before justices, a matter of record, or an original writ). Procedures that omit those formalities are treated as void. It therefore constrains courts, prosecutors and police to recognised, recorded charging processes and protects accused persons from informal or ad hoc prosecutions, shifting procedural and compliance burdens onto authorities."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope from 1368. It has not expanded beyond its original purpose of requiring due process before criminal prosecution. The only changes have been formal: conversion from UK law to ACT law, removal of preamble/enacting words in 1986, and republication under modern drafting conventions. The substantive protection remains identical to the 14th century original."},"complexity_factors":["Extremely short: only 2 operative sentences","No defined terms section","No cross-references to other legislation in the operative provisions","No conditional logic or nested exceptions","Simple declarative structure: prohibition + consequence","Single operative provision with straightforward binary outcome (void/not void)"],"plain_english_summary":"This is one of the oldest pieces of legislation still in force in Australia, originally enacted in England in 1368 during the reign of King Edward III. It is essentially a **constitutional safeguard** that protects people from being prosecuted or punished without proper legal procedures.\n\n**What it does:**\n- **The core rule**: No one can be forced to answer criminal charges or face legal punishment unless one of three conditions is met:\n  1. **Presentment before justices** — formal accusation by a grand jury or similar body\n  2. **Matter of record** — the case is already officially documented in court records\n  3. **Due process and original writ** — proper legal documents have been issued following established legal procedures ('the old law of the land')\n\n- **The consequence**: Any legal action taken in violation of this rule is **void** (legally invalid) and considered an error.\n\n**Who it affects:**\nEveryone in the Australian Capital Territory. It protects individuals from arbitrary arrest, detention, or prosecution by ensuring the government must follow proper legal channels.\n\n**Why it matters:**\nThis Act is the medieval ancestor of modern **due process rights** found in the Australian Constitution and human rights charters. It embodies the fundamental principle that the state cannot punish people arbitrarily — there must be fair procedures, proper documentation, and established legal authority. It prevents 'kangaroo courts' and secret trials."}},"importantCases":[],"_links":{"self":"/api/acts/due-process-of-law-act-1368-42-edw-3-c-3","history":"/api/acts/due-process-of-law-act-1368-42-edw-3-c-3/history","analysis":"/api/acts/due-process-of-law-act-1368-42-edw-3-c-3/analysis","conflicts":"/api/acts/due-process-of-law-act-1368-42-edw-3-c-3/conflicts","importantCases":"/api/acts/due-process-of-law-act-1368-42-edw-3-c-3/important-cases","documents":"/api/acts/due-process-of-law-act-1368-42-edw-3-c-3/documents"}}