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.
In 2012, the BBC reported on Muslims practicing polygamy in the UK. England and Wales 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:
This section replaced section 22 of the Offences against the Person Act 1828 for England and Wales,James Edward Davis. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory. Butterworths. 1861. Pages 276 and 277. which replaced section 1 of the Bigamy Act 1603 (1 Jas. 1. c. 11).R v. Taylor 2 All ER 170, CCA This section replaces section 26 of the Act 10 Geo. 4. c. 34 for Northern Ireland.
Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is deadR v. Tolson 23 QBD 164 or that the marriage has been dissolved.R v. Gould (1968)
Bigamy is triable either way.The Magistrates' Courts Act 1980 (c. 43), section 17(1) and Schedule 1 , paragraph 5(i) A person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,The Offences against the Person Act 1861 (24 & 25 Vict. c. 100), section 57; the Criminal Justice Act 1948 (11 & 12 Geo. 6. c. 58), section 1(1) 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.The Magistrates' Courts Act 1980 (c. 43), section 32(1) For case law on sentencing, see:
Relevant cases are: R v Crowhurst Crim. L.R. 399 R v Smith 1994 15 Cr App R (S) 407 R v Cairns 1 Cr App R (S) R v Bajlu Islam Khan, Karen Mary Kennedy EWCA Crim. 3316 R v Trigger Alan, Mike Seed and Philip Stark EWCA 254, 2 Cr. App. R. (s) 69 R v Arthur William Ballard 2 Cr. App. R. (S) 94
Scotland
Bigamy was a common law offence in Scotland prior to the passing of the Marriage and Civil Partnership (Scotland) Act 2014 when it became a statutory offence. 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).
Northern Ireland
In Northern Ireland, a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,The Offences against the Person Act 1861 (24 & 25 Vict. c.100), section 57; the Criminal Justice Act (Northern Ireland) 1953, section 1(1) 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.The Magistrates' Courts (Northern Ireland) Order 1981 (No.1675 (N.I.26)), article 46(4)
See also Marriage in the United Kingdom Polygamy
References
External links Polygamy - House of Commons Library