High Treason in The United Kingdom - Trial

Trial

Peers and their wives and widows were formerly entitled to be tried for treason and for felonies in the House of Lords or the Lord High Steward's Court, the former being used in every case except when Parliament was not in session. In the House of Lords, the Lord High Steward presided, but the entire House acted as both judge and jury. In the Lord High Steward's Court, the Lord High Steward was a judge, and a panel of "Lords Triers" served as a jury. There was no right of peremptory challenge in either body. Trial by either body ceased in 1948, since which time peers have been tried in the same courts as commoners.

Commoners, and now peers and their wives and widows, are entitled to be tried for high treason, and also for lesser crimes, by jury. Formerly, commoners were entitled to thirty-five peremptory challenges in cases of treason, but only twenty in cases of felony and none in cases of misdemeanours; all peremptory challenges, however, were abolished in 1988.

Another mode of trial for treason, and also for other crimes, is in the House of Lords following impeachment by the House of Commons. Normally, the Lord Chancellor presides during trials; when a peer is accused of high treason, however, the Lord High Steward must preside. By convention, however, the Lord Chancellor would be appointed Lord High Steward for the duration of the trial—the post of Lord High Steward ceased to be regularly filled in 1421, being revived only for trials of peers and for coronations. Whilst impeachments are still possible, no impeachment has occurred since 1806.

Finally, it was possible for Parliament to pass an Act of attainder, which pronounces guilt without a trial. Historically, Acts of attainder have been used against political opponents when speedy executions were desired. In 1661, Parliament passed acts posthumously attainting Oliver Cromwell, Henry Ireton and John Bradshaw—who were previously involved in Charles I's trial—of treason. These three individuals were posthumously executed, and are the only individuals to have suffered this fate posthumously under English treason laws. (In 1540, a Scottish court summoned Robert Leslie, who was deceased, for a trial for treason. The Estates-General declared the summons lawful; Leslie's body was exhumed, and his bones were presented at the bar of the court. This procedure was never used in England.)