Rape was also an offence at common law in Scotland.

It is an offence at common law, not codified, so it cannot be found in any act of Parliament.

Under English law, misconduct (or misfeasance) in public office is an offence at common law.

In 1613, the Star Chamber declared perjury by a witness to be a punishable offence at common law.

However, notorious and open lewdness, when carried to the extent of exciting public scandal, continued to be an indictable offence at common law.

The Act expressly preserves offences under other enactments, as well as offences at common law.

Subsection (1) abolished the common law offence of forcible entry and any offence at common law of forcible detainer.

Thacher also specifically rebutted Rantoul with regard to the status of the common law, stating that "conspiracy is an offence at common law, as adopted in Massachusetts, and by this decision and that of this court you must abide."

Khaliq and Anor v HMA was a Scottish criminal case decided by the High Court of Justiciary on appeal, in which it was decided that it was an offence at common law to supply materials that were otherwise legal in the knowledge that they would be used for self-harm.

However, section 2(4) of the Obscene Publications Act 1959 provided that a person publishing an article should not be proceeded against for an offence at common law consisting of the publication of any matter contained or embodied in that article where it was of the essence of the offence that the matter is "obscene".