Treachery Act 1940
The
Treachery Act of 1940 (3 & 4 Geo. VI c. 40) was a
British law created during
World War II to prosecute and execute enemy . The law was passed in the month after
Hitler invaded
France and
Winston Churchill became
prime minister (
May 23 1940 [
1]). The first British subject to be executed (
hanged) under the law was
George Johnson Armstrong in July 1941. The last person to be executed under the Treachery Act was also British,
Theodore Schurch, who was executed in January 1946. The third British citizen executed under this act was
Duncan Scott-Ford.
Josef Jakobs, a German agent, was executed by firing squad under this Act
The first section of the Treachery Act of 1940 is:
If, with intent to help the enemy, any person does, or attempts or conspires with any other person to do any act which is designed or likely to give assistance to the naval, military or air operations of the enemy, to impede such operations of His Majesty's forces, or to endanger life, he shall be guilty of felony and shall on conviction suffer death.In commending the Bill to the Commons, the Home Secretary said that conduct in the Bill would amount to
treason (by being adherent to the Queen's enemies in her realm or elsewhere by giving to them aid and comfort in her realm or elsewhere). Some argue that the Treachery Act 1940 could quite easily have replaced the current, ancient statutes that relate to and define treason. However prosecutions continued during the War under the
Treason Act 1351.
The Treachery Act 1940 was repealed for England and Wales by the Criminal Law Act 1967.
* "Traitor Hanged in Britain":
July 10 1941 New York Times (page 5)
*
Description of people executed under the Treachery ActHigh treason in the United Kingdom