On reaching England, Culliford was tried and condemned, but respited, as has already been mentioned.
While Kidd lay in Newgate awaiting trial, an Act was passed for the more effectual suppression of piracy.

Experience had shown that it was useless to issue proclamations against individuals, but that some new machinery must be created to deal with the gigantic evil that threatened to become chronic.

Under a former Act, passed in the reign of Henry VIII., the Lord High Admiral, or his Lieutenant, or his Commissary, had been empowered to try pirates; but the procedure had long fallen into abeyance.

It had been found almost impossible to bring offenders in distant seas to justice, to say nothing of the cost and trouble of bringing them to England for trial.
Now it was enacted that courts of seven persons might be formed for the trial of pirates at any place at sea or upon land, in any of his Majesty's islands, plantations, colonies, dominions, forts, or factories.

It was necessary that at least one of the seven should be the chief of an English factory, the governor or a member of council in a plantation or colony, or the commander of a King's ship.