Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy under section 11 of the Matrimonial Causes Act 1973.[1]
Bigamy is a statutory offence in England and Wales. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861:
Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years[...] Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.
— Section 57 of the Offences against the Person Act 1861[2]
Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is dead[5] or that the marriage has been dissolved.[6]
Bigamy is triable either way.[7] A person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[8] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.[9][10]
R v Bajlu Islam Khan, Karen Mary Kennedy [2004] EWCA Crim. 3316
R v Trigger Alan, Mike Seed and Philip Stark [2007] EWCA 254, [2007] 2 Cr. App. R. (s) 69
R v Arthur William Ballard [2007] 2 Cr. App. R. (S) 94
In 2012, the BBC reported on Muslims practicing polygamy in the UK.[11]
Scotlandedit
Bigamy was a common law offence[12] in Scotland prior to the passing of the Marriage and Civil Partnership (Scotland) Act 2014 when it became a statutory offence.[13] It is an offence for a person to enter into a marriage or civil partnership while either party knows that they, or the other party, is married to or in a civil partnership with another person. The offence is punishable with up to 2 years in prison or a fine (or both).[14]
Northern Irelandedit
In Northern Ireland, a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[15] or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.[16]
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Polygamous marriages may not be performed in the United Kingdom and if a polygamous marriage is performed the already married person may be guilty of the crime of bigamy under section 11 of the Matrimonial Causes Act 1973 1 Polygyny Contents 1 England and Wales 2 Scotland 3 Northern Ireland 4 See also 5 ReferencesEngland and Wales editBigamy is a statutory offence in England and Wales It is committed by a person who being married to another person goes through a ceremony capable of producing a valid marriage with a third person The offence is created by section 57 of the Offences against the Person Act 1861 Whosoever being married shall marry any other person during the life of the former husband or wife whether the second marriage shall have taken place in England or Ireland or elsewhere shall be guilty of felony and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years Provided that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past and shall not have been known by such person to be living within that time or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first marriage or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction Section 57 of the Offences against the Person Act 1861 2 This section replaced section 22 of the Offences against the Person Act 1828 for England and Wales 3 which replaced section 1 of the Bigamy Act 1603 1 Jas 1 c 11 4 This section replaces section 26 of the Act 10 Geo 4 c 34 for Northern Ireland 3 Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is dead 5 or that the marriage has been dissolved 6 Bigamy is triable either way 7 A person guilty of bigamy is liable on conviction on indictment to imprisonment for a term not exceeding seven years 8 or on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the prescribed sum or to both 9 10 Relevant cases are R v Crowhurst 1979 Crim L R 399 R v Smith 1994 15 Cr App R S 407 R v Cairns 1997 1 Cr App R S R v Bajlu Islam Khan Karen Mary Kennedy 2004 EWCA Crim 3316 R v Trigger Alan Mike Seed and Philip Stark 2007 EWCA 254 2007 2 Cr App R s 69 R v Arthur William Ballard 2007 2 Cr App R S 94 In 2012 the BBC reported on Muslims practicing polygamy in the UK 11 Scotland editBigamy was a common law offence 12 in Scotland prior to the passing of the Marriage and Civil Partnership Scotland Act 2014 when it became a statutory offence 13 It is an offence for a person to enter into a marriage or civil partnership while either party knows that they or the other party is married to or in a civil partnership with another person The offence is punishable with up to 2 years in prison or a fine or both 14 Northern Ireland editIn Northern Ireland a person guilty of bigamy is liable on conviction on indictment to imprisonment for a term not exceeding seven years 15 or on summary conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding the prescribed sum or to both 16 See also editMarriage in the United Kingdom PolygamyReferences edit Matrimonial Causes Act 1973 Section 57 of the Offences against the Person Act 1861 a b James Edward Davis The Criminal Law Consolidation Statutes of the 24 amp 25 of Victoria Chapters 94 to 100 Edited with Notes Critical and Explanatory Butterworths 1861 Pages 276 and 277 R v Taylor 1950 2 All ER 170 CCA R v Tolson 1889 23 QBD 164 R v Gould 1968 The Magistrates Courts Act 1980 c 43 section 17 1 and Schedule 1 paragraph 5 i The Offences against the Person Act 1861 24 amp 25 Vict c 100 section 57 the Criminal Justice Act 1948 11 amp 12 Geo 6 c 58 section 1 1 The Magistrates Courts Act 1980 c 43 section 32 1 For case law on sentencing see Sentencing Manual 2013 03 20 revised ed Crown Prosecution Service archived from the original on 2014 12 02 Polygamy in Islam The women victims of multiple marriage BBC News 2012 05 31 Retrieved 2021 05 30 Marriage and Civil Partnership Scotland Bill The Scottish Government Retrieved 14 December 2018 Marriage and Civil Partnership Scotland Act 2014 Act Section 28 12 March 2014 Retrieved 14 December 2018 Marriage Scotland Act 1977 Act Section 24 26 May 1977 Retrieved 14 December 2018 The Offences against the Person Act 1861 24 amp 25 Vict c 100 section 57 the Criminal Justice Act Northern Ireland 1953 section 1 1 The Magistrates Courts Northern Ireland Order 1981 No 1675 N I 26 article 46 4 Retrieved from https en wikipedia org w index php title Polygamy in the United Kingdom amp oldid 1178312097, wikipedia, wiki, book, books, library,
