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Conspiracy To Defraud
Conspiracy to defraud is an offence under the common law of England and Wales and Northern Ireland. England and Wales The standard definition of a conspiracy to defraud was provided by Lord Dilhorne in ''Scott v Metropolitan Police Commissioner'', when he said that: Conspiracy to defraud therefore contains two key elements; that the conspiracy involved dishonesty, and that if the conspiracy was undertaken, the victim's property rights would be harmed. This does not require the defendants' actions to directly result in the fraud; in ''R v Hollinshead'', the House of Lords held that producing devices designed to alter electricity meter readings constituted conspiracy to defraud, even though the actual fraud would be carried out by members of the public rather than the conspirators. It's not necessary for the actions to directly lead to any kind of financial loss for the victim in two situations; when the conspirators plan to deceive a person holding public office into acting counte ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Cheating (law)
At law, cheating is a specific criminal offence relating to property. Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute. In most cases the codified statutory form of cheating and the original common law offence are very similar, but there can be differences. For example, under English law it was held in ''R v Sinclair'' that " cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However, at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby". Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier, using false weights or measures, and playing with false dice. Definition In rel ...
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Oxford University Press
Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books by decree in 1586. It is the second-oldest university press after Cambridge University Press, which was founded in 1534. It is a department of the University of Oxford. It is governed by a group of 15 academics, the Delegates of the Press, appointed by the Vice Chancellor, vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, Walton Street, Oxford, opposite Somerville College, Oxford, Somerville College, in the inner suburb of Jericho, Oxford, Jericho. ...
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Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and '' Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore Singapore, officially the Republic of Singapore, is an isl ...
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Conspiracy (criminal)
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement to constitute an offense. There is no limit to the number participating in the conspiracy, and in most countries the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the ''actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-c ...
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Criminal Attempts And Conspiracy (Northern Ireland) Order 1983
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is def ...
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Criminal Justice Act 1993
The Criminal Justice Act 1993 (c. 36) is a United Kingdom act of Parliament that set out new rules regarding drug trafficking, proceeds and profit of crime, financing of terrorism and insider dealing. Overview Section 52 creates an offence of insider dealing, or using private information to trade in shares or securities when the same information is not yet available to the public. It outlines offenses related to drug trafficking, including penalties for those who profit from illegal drug activities as well as established measures for the confiscation of assets derived from drug-related crimes. Case law *'' Patel v Mirza'' 016UKSC 42, on the illegality principle, and right to recover money paid even though it was to be used for insider dealing, contrary to section 52 See also * Criminal Justice Act - other acts with similar titles *English criminal law *UK company law British company law regulates corporations formed under the Companies Act 2006. Also governed by th ...
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Indictments Act 1915
The Indictments Act 1915 ( 5 & 6 Geo. 5. c. 90) is an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point where some barristers specialised entirely in drawing up indictments. During the nineteenth century several Acts were passed by Parliament to correct this problem, but none were entirely successful. In 1913 Lord Haldane created a committee to draw up a draft bill reforming the law of indictments, which became the Indictments Act 1915. Coming into force on 1 April 1916, the Act established rules on how indictments are to be drafted, and provided methods to amend and alter faulty indictments in court. Most importantly it simplified the layout of indictments and provided a list of items it had to contain, such as "such particulars as may be necessary for giving reasona ...
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Specimen Charges
A specimen charge is a type of criminal charge that can be made under the United Kingdom's legal system. It can be made when an individual is being charged with numerous violations of the same offence. It is used to simplify charging the person, as they would otherwise have to be charged with each individual offence. An example of someone being convicted on specimen charges is a 2005 case in England where a man pleaded guilty to specimen charges after he was found to be in possession of 19,000 indecent images of children. Another example is the Denmark Place fire The Denmark Place fire occurred on 16 August 1980 at 18 Denmark Place in Central London. The fire, caused by arson, killed 37 people of eight nationalities. Most of the victims were Spanish or Latin American, and were patrons of two unlicensed ... trial, where the culprit, whose act of arson had killed 37 people, was given a specimen charge of the murder of just one of the victims. Other examples of when specimen ch ...
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Criminal Law Review
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported ...
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Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference", the council "was not intended to be profit making except in so far as it was necessary to make it self-supporting." Working on this principle, the council applied in 1966 for registration to become an official charity under section 4 of the Charities Act 1960 ( ...
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Criminal Justice Act 1987
The Serious Fraud Office (SFO) is a non-ministerial government department of the Government of the United Kingdom that investigates and prosecutes serious or complex fraud and corruption in England, Wales and Northern Ireland. The SFO is accountable to the Attorney General for England and Wales, and was established by the Criminal Justice Act 1987, an Act of the Parliament of the United Kingdom. Section 2 of the Criminal Justice Act 1987 grants the SFO powers to require any person (or business/bank) to provide any relevant documents (including confidential ones) and answer any relevant questions including ones about confidential matters. The SFO is the principal enforcer of the Bribery Act 2010, which has been designed to encourage good corporate governance and enhance the reputation of the City of London and the UK as a safe place to do business. Its jurisdiction does not extend to Scotland, where fraud and corruption are investigated by Police Scotland through their Specialist ...
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