|
Fitness To Plead
In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings. The concept of fitness to plead also applies in Scots and Irish law."During the period 1946 to 1962 ... 34 were found insane and unfit to plead" Its United States equivalent is competence to stand trial. Test If the issue of fitness to plead is raised, a judge is able to find a person unfit to plead. This is usually done based on information following a psychiatric evaluation. In England and Wales the legal test of fitness to plead is based on the ruling of Alderson B. in '' R v Pritchard''. The accused will be unfit to plead if they are unable: * to comprehend the course of proceedings on the trial, so as to make a proper defence; or * to know that they might challenge any jurors to whom they may object; or * to comprehend the evidence; or * to give proper instructions to their legal representatives. If the issue is raised ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of England And Wales
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. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements 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 Common law can be amended or repealed by Parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domestic Violence, Crime And Victims Act 2004
The Domestic Violence, Crime and Victims Act 2004 (c. 28) is an Act of the Parliament of the United Kingdom. It is concerned with criminal justice and concentrates upon legal protection and assistance to victims of crime, particularly domestic violence. It also expands the provision for trials without a jury, brings in new rules for trials for causing the death of a child or vulnerable adult, and permits bailiffs to use force to enter homes. Origins * The Home Office White PapeJustice for All(Cm 5563) - many of whose recommendations were implemented in the Criminal Justice Act 2003. * The Home Office consultation papeSafety and Justice: the Government's Proposals on Domestic Violence(Cm 5847), published in June 2003. * The Home Office policy leaflet "A Better Deal for Victims and Witnesses", published on 21 November 2002. * National Society for the Protection of Children ("NSPCC") "Which of you did it?" Working Group Report, published in Autumn 2003. * The Law Commission reportC ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, 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 United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York (state)
New York, also called New York State, is a U.S. state, state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and the Great Lakes. New York is the List of U.S. states and territories by population, fourth-most populous state in the United States, with nearly 20 million residents, and the List of U.S. states and territories by area, 27th-largest state by area, with a total area of . New York has Geography of New York (state), a varied geography. The southeastern part of the state, known as Downstate New York, Downstate, encompasses New York City, the List of U.S. cities by population, most populous city in the United States; Long Island, with approximately 40% of the state's population, the nation's most populous island; and the cities, suburbs, and wealthy enclaves of the lower Hudson Valley. These areas are the center of the expansive New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure (Insanity And Unfitness To Plead) Act 1991
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Act 1983
The Mental Health Act 1983 (c. 20) is an Act of the Parliament of the United Kingdom. It covers the reception, care and treatment of mentally disordered people, the management of their property and other related matters, forming part of the mental health law for the people in England and Wales. In particular, it provides the legislation by which people thought to have a mental disorder can be detained in a hospital or police custody and have their disorder assessed or treated against their wishes, informally known as " sectioning". Its use is reviewed and regulated by the Care Quality Commission. The Act was significantly amended by the Mental Health Act 2007. A white paper proposing changes to the act was published in 2021 following an independent review of the act by Simon Wessely. It was confirmed on 17 July 2024 that a new mental health act would be legislated for in the forthcoming session of Parliament. History The Madhouses Act 1774 created a Commission of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before the defendant can be found guilty. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blackstone's Criminal Practice
''Blackstone's Criminal Practice'' is a book about English criminal law. The First Edition was published by Blackstone Press in 1991. The Twenty-seventh Edition was published by Oxford University Press in 2016. In 2016, the Judicial Executive Board selected ''Blackstone's Criminal Practice'' 2017 as the principal practitioner text for all criminal courts in England and Wales. The Editors in Chief are Professor David Ormerod KC and David Perry KC. David Ormerod was previously the joint editor (since 2008) with Lord Justice Hooper. It is one of the "main" books that lawyers practising on the criminal side use. The Crown Prosecution Service describe this book as a "standard source" and as a "recognised legal textbook", and say that the legal guidance given on their website is no substitute for a book such as this one. By 2002, it was the "leading" work for proceedings in the magistrates' courts.Jowett, Christian. "Blackstone's Criminal Practice 2002" (2002) 152 ''New Law Journal'' 7 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial Of The Facts
Under the law of England and Wales regarding insanity Insanity, madness, lunacy, and craziness are behaviors caused by certain abnormal mental or behavioral patterns. Insanity can manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to other ... and unfitness to plead, once a court has determined that the defendant is subject to a disability that prevents their trial progressing, there may be a "trial of the facts" or "examination of facts hearing" in which the truth of the allegations against the defendant, as opposed to their guilt or innocence of a crime, is to be determined. The court's options are: to order an absolute discharge; a supervision order; or a hospital order (with or without a restriction order). The trial is not a criminal trial to determine guilt or otherwise; it is "limited to ensuring that the interference with the liberty of the defendant consequent upon whatever order might be made following an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
No Case To Answer
No case for the defendant to answer (sometimes shortened to no case to answer) is a term in the criminal law of some Commonwealth states, whereby a defendant seeks acquittal without having to present a defence, because of the insufficiency of the prosecution's case. The motion is infrequently used in civil cases where the defendant asserts that the plaintiff's case is insufficient to prove liability. At the close of the prosecution's case during a criminal trial, the defendant may make a motion that there is no case for the defendant to answer (similar to a motion for a directed verdict in a United States court). If the judge agrees, then the matter is dismissed and the defendant is acquitted without having to present any evidence in their defence. If the judge does not accept the submission, the case continues and the defence must present their case. Because a judge's refusal to uphold such a submission may potentially bias a jury's decision, a submission of no case to answe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arraignment
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally include '' guilty'', ''not guilty'', and the peremptory pleas (pleas in bar) setting out reasons why a trial cannot proceed. Pleas of ''nolo contendere'' ('no contest') and the Alford plea are allowed in some circumstances. By country Australia In the Australian legal system, arraignment is the first stage in a criminal trial. The indictment is read to the defendant, who is asked to plead guilty or not guilty. Arraignment procedures vary somewhat among jurisdictions. In New South Wales, the arraignment takes place before the judge only. In South Australian practice, the jury hears the arraignment. In Queensland the indictment i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
