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Theft Act 1978
The Theft Act 1978 (c 31) is an Act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006. Section 1 - Obtaining services by deception This section created the offence of obtaining services by deception. It was repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006. As amended by the Theft (Amendment) Act 1996, it read: :(1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence. :(2) It is an obtaining of services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for. :(3) Without prejudice to the generality of subsection (2) above, it is an obtaining of services where the other is induced to make a loan, or to ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have other conseq ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft (Northern Ireland) Order 1978
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The ''actus reus'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a ''mens rea'' of dishonesty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extradition Act 1989
The Extradition Act 2003 ( c.41) is an Act of the Parliament of the United Kingdom which regulates extradition requests by and to the United Kingdom. The Act came into force on 1 January 2004. It transposed the European Arrest Warrant framework decision into British law and implemented the UK side of the controversial UK–US extradition treaty of 2003 before the treaty came into force in April 2007 after being ratified by the US Senate in 2006. Provisions The Act is divided into five parts. *Parts 1 and 2 deal with "category 1" and "category 2" territories respectively. While it is not mentioned in the Act, category 1 territories are all other member states of the European Union and Part 1 of the Act is the United Kingdom's implementation of the European Arrest Warrant framework decision. Part 2 of the Act is concerned with extradition to all other countries which have an extradition treaty with the United Kingdom. *Part 3 deals with issuing European Arrest Warrants from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Serious Organised Crime And Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given Royal Assent on 7 April 2005. Measures to introduce a specific offence of "incitement to religious hatred" were included in early drafts of the Act, but then dropped so the bill would pass before the 2005 general election. The offence has since been created by the Racial and Religious Hatred Act 2006. Extent of application The Act applies principally to England and Wales but s.179 permits the extent or designates sections applying only to Scotland and/or Northern Ireland; additionally s.179(9) extends the a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Making Off Without Payment
Making off without payment is a statutory offence in England and Wales, Northern Ireland , Republic of Ireland and Hong Kong. It was first introduced on the recommendation of the Criminal Law Revision Committee and is intended to protect legitimate business concerns and applies where goods are supplied or a service is performed on the basis that payment will be made there and then. A taxi passenger who runs off without paying the fare at the end of the journey; and a motorist who fills up with petrol at a garage and drives off when the attendant is distracted. For these purposes, it must be proved that the defendant knew that payment on the spot was required or expected, and made off dishonestly with intent to avoid payment of the amount due. Prior to the creation of the offence, running off might be a tort but it was not a crime; the supplier would have to bring a civil law suit against the recipient. The use of criminal law is intended to avoid this expense. To be a theft, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Making Off Without Payment
Making off without payment is a statutory offence in England and Wales, Northern Ireland , Republic of Ireland and Hong Kong. It was first introduced on the recommendation of the Criminal Law Revision Committee and is intended to protect legitimate business concerns and applies where goods are supplied or a service is performed on the basis that payment will be made there and then. A taxi passenger who runs off without paying the fare at the end of the journey; and a motorist who fills up with petrol at a garage and drives off when the attendant is distracted. For these purposes, it must be proved that the defendant knew that payment on the spot was required or expected, and made off dishonestly with intent to avoid payment of the amount due. Prior to the creation of the offence, running off might be a tort but it was not a crime; the supplier would have to bring a civil law suit against the recipient. The use of criminal law is intended to avoid this expense. To be a theft, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Omission (criminal Law)
In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an ''actus reus'' and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act or duty of care. Criminal law In the criminal law, at common law, there was no general duty of care owed to fellow citizens. The traditional view was encapsulated in the example of watching a person drown in shallow water and making no rescue effort, where commentators borrowed the line, "Thou shalt not kill but needst not strive, officiously, to keep another alive." (Arthur Hugh Clough (1819–1861)) in support of the proposition that the failure to act does not attract criminal liability. Nevertheless, such failures might be mora ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law Revision Committee
The Criminal Law Revision Committee of England & Wales was a standing committee of learned legal experts that was called upon by the Home Secretary to advise on legal issues and to report back recommendations for reform. While never formally abolished, it has been dormant since 1986 and superseded by the Law Commission. Overview The first committee was set up by Rab Butler in February 1959 ‘to examine such aspects of the criminal law...as the Home Secretary may from time to time refer to the Committee, to consider whether the law requires revision and to make recommendations’. While members worked on a voluntary basis, it subsequently published eighteen reports on numerous contentious legal issues. Although not all of the Committee's reports have been adopted by Parliament, many have had a great influence on UK legislation. List of reports *First Report: Indecency with Children (Cmnd 835) (1959) *Second Report: Suicide (Cmnd 1187) (1960) *Third Report: Criminal Procedure (Insa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sub Nom
A number of Latin terms are used in law, legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin. __TOC__ Common law Civil law Ecclesiastical law See also * Brocard (law) * Byzantine law * Code of Hammurabi * Corpus Juris Canonici * International Roman Law Moot Court * Law French * List of Latin abbreviations * List of Latin phrases (full) * List of fallacies * List of Philippine legal terms * List of Roman laws * Twelve Tables Notes References * Gabriel Adeleye & Kofi Acquah-Dadzie. ''World Dictionary of Foreign Expressions: A Resource for Readers and Writers''. Ed. by Thomas J. Sienkewicz & James T. McDonough, Jr. Wauconda, Ill.: Bolchazy-Carducci Publishers, 1999. * Ruben E. Agpalo. ''Agpalo’s Legal Words and Phrases''. Manila, Philippines: Rex Book Store, 1997. * Harold Rudolf Walraven Gokkel & Nicolaas van der Wal. ''Juridisch Latijn'', 6th edn. Deventer: Kluwer, 2001. * V.G. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evasion Of Liability By Deception
Evasion of liability by deception was formerly a statutory offence in England and Wales and Northern Ireland. England and Wales This offence was created by the Theft Act 1978. The law clarified existing law to explicitly make it a crime to, by deception, induce a creditor to remit a liability (''i.e.'', a debt) in whole or part; induce the creditor to wait for payment or to forgo payment; or where the deception exempts a person from a liability or reduces the liability which would have arisen but for the deception. Under section 16 of the Theft Act 1968, it was more ambiguous under what circumstances such deception comprised a crime. Northern Ireland This offence was created barticle 4of the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)). That article was repealed on 15 January 2007 by sections 14(1) and (3) and 15(1) of, and paragraph 1(d)(ii) of Schedule 1 to, and Schedule 3 to, the Fraud Act 2006, subject to transitional provisions and savings in paragraph 3 of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
