Why didn't Britain execute IRA members for treason in the 1970s and 1980s?
- Thread starter Johannes Parisiensis
- Start date
Well, no, but those born in NI were British citizens (well, not necessarily post-1983, but I doubt the number of teenage IRA operatives without either British or Irish parents or parents settled in the UK).
I know that. I just wasn't sure how many of those terrorists were from the Republic, and how many from NI.
One immediate knock on is I imagine that going to the Republic is likely to be a real safe haven.
It's hard to imagine it being politically feasible to extradite Republicans to be executed for treason.
It's hard to imagine it being politically feasible to extradite Republicans to be executed for treason.
Nick P
Donor
A point being overlooked here is that Northern Ireland did not abolish the Death Penalty for capital crimes until 1973. Liam Holden was sentenced in 1973 to death for the murder of a British soldier but had his sentence commuted to life. This turned out to be a good thing as the conviction was later overturned because he was tortured. http://www.bbc.co.uk/news/uk-northern-ireland-18525631
There is very little online as to why Northern Ireland abolished the death penalty later or what prompted it.
There is very little online as to why Northern Ireland abolished the death penalty later or what prompted it.
Exactly. Really stupid actions.
Actually no. Citizenship isn't an absolute requirement for a treason charge, residency and acceptance of the sovereign's protection by residing on Britain are enough, what's referred to as "duty of allegiance".
William Joyce ('Lord Haw Haw', or rather one of them) wasn't a British citizen (he was born in New York and never obtained British citizenship while residing there) despite having and using a British passport. He was convicted of High Treason by reason of "adhering to the King's enemies elsewhere than in the King's Realm" and was hanged.
There's a fascinating episode of the old TV series 'Crown Court' called Treason which goes into great legal detail on the matter.
Again looking at the impact the hunger strikers had within the Republican movement at the time, not really sure it was a massive improvement.
The death penalty for murder was abolished in 1968. It remained on the books for treason and piracy with violence along with a few wartime offences up until 1998.
The real reason is the law is very explicit about what treason is and how you go about proving it in court. Treason was so difficult to prove than in WW2 they introduced a special crime called treachery that was basically treason but far easier to prosecute.
You are not too far off course with your reference to the Treachery Act of 1940, but there is a bit of nuance I would suggest needs to be kept in mind. The Treachery Act, while it made an excellent substitute for the High Treason Act, was primarily employed to prosecute spies (most of whom were alien nationals). In 1939, the United Kingdom did not have any statute-military OR civil-providing the death penalty for espionage (previous laws providing for such, like the 1914 Defense of the Realm Act, had expired), so it was thought necessary to change that in an existential conflict.
Difficulty here is that the standard of proof required for treason was reduced to that for murder by the Treason Act 1945. For my money, it wasn't done because of the political difficulties associated with a mandatory sentence of death - whilst on the books, it would presumably have been unpopular for some time preceding 1968, and difficult to sell for IRA terrorists.
Lost Freeway
Banned
Eh, that was small potatoes compared to their past antics in other corners of their empire.