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Encouraging Or Assisting Crime
Encouraging or assisting a crime is itself a crime in English law, by virtue of the Serious Crime Act 2007. It is one of the inchoate offences of English law. Definition Inchoate means "just begun" or "undeveloped", and is used in English criminal law to refer to situations where, although a substantial offence has not been committed, the defendant has taken steps to commit it, or encouraged others to do so. As in all inchoate offences, the defendant "has not himself performed the ''actus reus'' but is sufficiently close to doing so, or persuading others to do so, for the law to find it appropriate to punish him". Actus reus The offences of encouraging or assisting crime under the Serious Crime Act 2007 are inchoate offences. In each case, the ''actus reus'' requirement is that the defendant carry out an act capable of "encouraging or assisting" the commission of another offence. An offence is committed under section 44, if this is done with intent to do the same; under section ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Serious Crime Act 2007
The Serious Crime Act 2007 is an Act of the Parliament of the United Kingdom that makes several radical changes to English criminal law. In particular, it creates a new scheme of serious crime prevention orders to frustrate crime in England and Wales and in Northern Ireland, replaces the common law crime of incitement with a statutory offence of encouraging or assisting crime, makes provision as to disclosure and information sharing in order to prevent fraud, and abolishes the Assets Recovery Agency creating a new regime for the recovery of the proceeds of crime. Serious crime prevention orders These provisions came into force on 6 April 2008. Section 1 allows the High Court of Justice in England and Wales, and the High Court in Northern Ireland to make serious crime prevention orders containing prohibitions, restrictions, requirements and other terms where: *It is satisfied that a person has been involved in serious crime, whether in England and Wales, or Northern Ireland ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inchoate Offences In English Law
In English criminal law, an inchoate offence is an offence relating to a criminal act which has not, or not yet, been committed. The main inchoate offences are attempting to commit; encouraging or assisting (formerly inciting) crime; and conspiring to commit. Attempts, governed by the Criminal Attempts Act 1981, are defined as situations where an individual who intends to commit an offence does an act which is "more than merely preparatory" in the offence's commission. Traditionally this definition has caused problems, with no firm rule on what constitutes a "more than merely preparatory" act, but broad judicial statements give some guidance. Incitement, on the other hand, is an offence under the common law, and covers situations where an individual encourages another person to engage in activities which will result in a criminal act taking place, and intends for this act to occur. As a criminal activity, incitement had a particularly broad remit, covering "a suggestion, propo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
(), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in the common law−based criminal law jurisdictions of England and Wales, Canada, Australia, India, Kenya, Pakistan, Philippines, South Africa, New Zealand, Scotland, Nigeria, Ghana, Ireland, Israel and the United States of America. In the United States, some crimes also require proof of attendant circumstances and/or proof of a required result directly caused by the . Definitions The terms and developed in English law are derived from the principle stated by Edward Coke, namely, ("an act does not make a person guilty unless (their) mind is also guilty"); hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness in conjugation of thought () and action (). In order for an to be committed ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invicta Plastics Ltd V Clare
Invicta (Latin for "unvanquished") may refer to: Companies * Invicta (company), an Italian outdoor equipment manufacturer * Invicta Bus Services, a bus operator in Melbourne, Australia * Invicta International Airlines, a UK charter airline from 1965 to 1982 * Invicta Watch Group, a Florida-based watch company * Invicta Plastics, a British plastic business; holder of the rights to ''Mastermind'' Places * Porto, also known as the ''cidade invicta'' (unvanquished city) * Invicta Park Barracks, a military installation in Maidstone, Kent * Invicta Grammar School, academy in Maidstone, Kent, England Music * ''Invicta'' (Hit the Lights album), 2012 * ''Invicta'' (The Enid album), 2012 * Radio Invicta (London), a 1970s/1980s pirate radio station in London * Radio 390 (formerly Invicta), a 1960s offshore radio station * Invicta Radio (now Heart Kent), a licensed radio station in Kent Transportation * Invicta (car), a British make of car * Buick Invicta, a car made by American ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Radar Gun
A radar speed gun (also radar gun and speed trap gun) is a device used to measure the speed of moving objects. It is used in law-enforcement to measure the speed of moving vehicles and is often used in professional spectator sport, for things such as the measurement of bowling speeds in cricket, speed of pitched baseballs, and speed of tennis serves. A radar speed gun is a Doppler radar unit that may be hand-held, vehicle-mounted or static. It measures the speed of the objects at which it is pointed by detecting a change in frequency of the returned radar signal caused by the Doppler effect, whereby the frequency of the returned signal is increased in proportion to the object's speed of approach if the object is approaching, and lowered if the object is receding. Such devices are frequently used for speed limit enforcement, although more modern LIDAR speed gun instruments, which use pulsed laser light instead of radar, began to replace radar guns during the first decade of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accessory (legal Term)
An accessory is a person who assists in, but does not actually participate in, the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree: *The principal is the one whose acts or omissions, accompanied by the relevant ''mens rea'' (Latin for "guilty mind"), are the most immediate cause of the ''actus reus'' (Latin for "guilty act"). *If two or more people are directly responsible for the ''actus reus'', they can be charged as joint principals (see common purpose). The test to distinguish a joint principal from an accessory is whether the defendant independently contributed to causing the ''actus reus'' rather than merely giving generalised and/or limited help and encouragement. Elements In some jurisdictions, an accessory is distinguished from an accomplice, who normally is present at the crime and participates in some way. An accessory must generally have knowledge that a crime is being committed, will be committed, or has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principal (criminal Law)
Under criminal law, a principal is any actor who is primarily responsible for a criminal offense.See, e.g., Superior Growers, 982 F.2d at 177-78; United States v. Campa, 679 F.2d 1006, 1013 (lst Cir. 1982). Such an actor is distinguished from others who may also be subject to criminal liability as accomplices, accessories or conspirators. See also * Principal (commercial law) In commercial law, a principal is a person, legal or natural, who authorizes an agent to act to create one or more legal relationships with a third party. This branch of law is called agency and relies on the common law proposition (from Lat ... Notes and references External links * Legal terminology {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virtual Certainty
Moral certainty is a concept of intuitive probability. It means a very high degree of probability, sufficient for action, but short of absolute or mathematical certainty. Origins The notion of different degrees of certainty can be traced back to a statement in Aristotle's Nicomachean Ethics that one must be content with the kind of certainty appropriate to different subject matters, so that in practical decisions one cannot expect the certainty of mathematics. The Latin phrase ''moralis certitudo'' was first used by the French philosopher Jean Gerson about 1400, to provide a basis for moral action that could (if necessary) be ''less'' exact than Aristotelian practical knowledge, thus avoiding the dangers of philosophical scepticism and opening the way for a benevolent casuistry. The Oxford English Dictionary mentions occurrences in English from 1637. Law In law, moral (or 'virtual') certainty has been associated with verdicts based on certainty beyond a reasonable doubt. Moral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the 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, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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