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Hybrid Offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension. Under the Criminal Records Act, Section 2.1, the Parole Board of Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrate (England And Wales)
In England and Wales, magistrates (; ) are highly trained volunteers and members of the judiciary who deal with a wide range of criminal and civil proceedings. They are also known as Justice of the peace, Justices of the Peace. In the adult criminal court, magistrates have equal sentencing powers to district judges (formerly stipendiary magistrates) and deliver verdicts on both "summary" and "either way" offences that carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the Family Justice System of England and Wales, family court where they preside over disputes that involve children, and in the youth court, which deals with criminal matters involving young people aged 10–17. Established in the 14th century, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'justice by one's peers'. Magistrates typically sit as a bench of three, known as a panel, mixed in gender, age and ethnic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid. History of Scots law, Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law Act 1977
The Criminal Law Act 1977 (c. 45) is an act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb. Main provisions Part I - Conspiracy Part II - Offences relating to entering and remaining on property This Part implemented recommendations contained in the Report on Conspiracy and Criminal Law Reform (Law Com 76) by the Law Commission. Section 6 - Violence for securing entry Section 6 creates an offence of using or threatening unauthorised violence for the purpose of securing entry into any premises, while there is known to be a person inside opposing entry. Violence is taken to include violence to property, as well as to people. This section has been widely used by squatters in England and Wales, as it makes it a crime in mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Courts Act 1952
The Magistrates' Courts Act 1952 ( 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55) was an Act of the Parliament of the United Kingdom which related to magistrates' courts. It was repealed by section 154 of, and Schedule 9 to, the Magistrates' Courts Act 1980. Section 1 Section 1 did not apply to a committal for trial under section 1 of the Criminal Justice Act 1967 Section 24(1) of the Criminal Justice Act 1967 restricted the issue of a warrant under this section. Section 1(2)(e) was inserted by section 56 of, and paragraph 34(2) of Schedule 8 to, the Courts Act 1971. Section 1(4) was repealed by section 56 of, and Part IV of Schedule 11 to the Courts Act 1971. Section 4 Section 4(2) provided that there was no obligation on examining justices to sit in open court. It was repealed by sections 6(2) and 103(2) of, and Part I of Schedule 7 to, the Criminal Justice Act 1967. Section 9 Section 9(2) made special provision about offences dealt with by virtue of section 11 of the Criminal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burglary
Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of '' Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("or the person that committeth burglary"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1968
The Theft Act 1968 (c. 60) is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The act resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 ( 6 & 7 Geo. 5. c. 50) had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968 was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shoplifting
Shoplifting (also known as shop theft, shop fraud, retail theft, or retail fraud) is the theft of goods from a retail establishment during business hours. The terms ''shoplifting'' and ''shoplifter'' are not usually defined in law, and generally fall under larceny. In the retail industry, the word '' shrinkage'' (or ''shrink'') is used to refer to merchandise often lost by shoplifting. The term ''five-finger discount'' is an euphemism for shoplifting, humorously referencing stolen items taken "at no cost" with the five fingers. The first documented shoplifting started to take place in 16th century London. By the early 19th century, shoplifting was believed to be primarily a female activity. In the 1960s, shoplifting began to be redefined again, this time as a political act. Researchers divide shoplifters into two categories: boosters (professionals who resell what they steal), and snitches (amateurs who steal for their personal use). Shoplifters range from amateurs acting on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea Bargaining
A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include a reduction in the severity of the charges, the dismissal of some charges, or a more lenient sentencing recommendation. Plea bargaining serves as a mechanism to expedite the resolution of criminal cases, allowing both the prosecution and the defense to avoid the time, expense, and uncertainty of a trial. It is a prevalent practice in the United States, where it resolves the vast majority of criminal cases, and has been adopted in various forms in other legal systems worldwide. Plea bargains can take different forms, such as ''charge bargaining'', where a defendant pleads guilty to a lesser offense, or ''sentence bargaining'', where the expected sentence is agreed upon before a guilty plea. In addition, count bargaining involves pleading ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Youth Court
Juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults who have committed the same offense. Juveniles have a lack of capacity for understanding their criminal acts, meaning they also have diminished criminal responsibility compared to their adult counterparts. In some states like California and Georgia, the Juvenile Court may also have jurisdiction over juvenile dependency cases which involve determining whether a child has been abused, abandoned, or neglected by their parent or legal guardian. Industrialized countries differ in whether juveniles should be charged as adults for serious crimes or considered separately. Since the 1970s, minors have been increasingly tried as adults in response to "increases in violent juvenile c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 1988
The Criminal Justice Act 1988 (c. 33) is an Act of the Parliament of the United Kingdom. Title The title of this Act is: Unduly lenient sentences In England and Wales, the Act allows anybody to ask the Attorney General's Office for a sentence they consider unduly lenient to be reviewed; the Office can review sentences given by the Crown Court in England and Wales if requested to. The Attorney General can then, within 28 days of the sentence, decide to refer sentences for certain offences to the Court of Appeal if they consider that the sentence might be unduly lenient. The Court of Appeal will only find a sentence to be lenient, and increase it, if it falls outside the range of sentences which the trial judge could reasonably consider appropriate considering all the relevant information available at the time. This is sometimes called the 'unduly lenient sentence scheme'. This provision entered into force in 1989, and was first applied in July of that year. The controversi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an act of the Parliament of the United Kingdom. It is a consolidation act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings. Section 1 of the act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the act establishes a six-month limitation period for summary (but not indictable) offences. See also * Magistrates' Courts Act *Magistrates' court *Magistrates' court (England and Wales) References *"Magistrates' Courts Act 1980". Current Law Statutes Annotated 1980Volume 1 Chapter 43. *"The Magistrates' Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
