Treachery Act 1940
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| Long title | An Act to make further provision for the trial and punishment of treachery. |
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| Citation | 3 & 4 Geo. VI c. 40 |
| Introduced by | Sir John Anderson |
| Dates | |
| Royal assent | 23 May 1940 |
| Repealed | 1 January 1968 (England and Wales), 18 July 1973 (United Kingdom) |
| Other legislation | |
| Repealed by | Criminal Law Act 1967 (c.58), section 10(2) and part 1 of schedule 3; Statute Law (Repeals) Act 1973, s.1(1) & Sch.1, Pt.V |
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Status: Repealed
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The Treachery Act 1940 (3 & 4 Geo. VI c. 40) was an Act of the Parliament of the United Kingdom enacted during World War II to facilitate the prosecution and execution of enemy spies, and suspended after the war and later repealed. The law was passed in the month after Nazi Germany invaded France and Winston Churchill became prime minister (23 May 1940).
The Treachery Act was deemed necessary because treason still had its own special rules of evidence and procedure which made it a difficult offence to prove and prosecute (see Treason Act 1695). The new offence of treachery, a felony, was designed to make securing convictions easier as it could be proved under the same rules of evidence as ordinary offences. It was also needed because there was doubt whether the treason laws were applicable to German saboteurs.
In commending the Bill to the House of Commons, the Home Secretary, Sir John Anderson, explained why the bill was necessary:
In the House of Lords the Lord Chancellor, Viscount Simon, elaborated:
The bill was always intended to be a temporary emergency measure which would be repealed after the War. It was rushed through Parliament in two weeks, passing the House of Lords in a few minutes and receiving royal assent on the same day.
The first section of the Treachery Act 1940 read:
Some argue that the Treachery Act 1940 could quite easily have replaced the current, ancient statutes that relate to and define treason. However, after the War people continued to be prosecuted under the Treason Act 1351 for disloyalty during the War.
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