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Indictment Rules 1971
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, which is an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the case is sent direct ...
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Legal Person
In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so on. The reason for the term "''legal'' person" is that some legal persons are not human persons: Company, companies and corporations (i.e., business entities) are ''persons'', legally speaking (they can legally do most of the things an ordinary person can do), but they are not, in a literal sense, human beings. Legal personhood is a prerequisite to capacity (law), legal capacity (the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and Law of obligations, obligations): it is a prerequisite for an international organization being able to sign treaty, international treaties in its own legal name, name. History The concept of legal personhood for organizations of people is at least as old as Ancient Rome: a variety of Coll ...
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The Crown
The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive government specifically or only to the monarch and their Viceroy, direct representatives. The term can be used to refer to the rule of law; or to the functions of executive (government), executive (the Crown-King-in-Council, in-council), legislative (the Crown-in-parliament), and judicial (the Crown on the bench) governance and the civil service. The concept of the Crown as a corporation sole developed first in the Kingdom of England as a separation of the physical crown and property of the kingdom from the person and personal property of the monarch. It spread through English and later British colonisation and developed into an imperial crown, which rooted it in the legal lexicon of all 15 Commonwealth realms, their various dependencies, ...
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Sheriff Court
A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland. Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh) has the ability to hear cases with a j ...
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Lord Advocate
His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish Parliament. The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and advising on the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which is given to the Scottish Government. The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service, and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The Lord Advocate serves as the head of the systems of prosecutions in Scotland and is responsible for the investigation of all sud ...
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High Court Of Justiciary
The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office ''ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the ...
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Indictment Rules 1971
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, which is an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the case is sent direct ...
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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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Recorder (judge)
A recorder is a judicial officer in England and Wales and some other common law jurisdictions. England and Wales In the courts of England and Wales, the term ''recorder'' currently has two distinct meanings. The senior circuit judge of a borough or city is often awarded the title of "Honorary Recorder". However, "Recorder" is also used to denote a person who sits as a part-time circuit judge. Historic office In England and Wales, originally a recorder was a certain magistrate or judge having criminal and civil jurisdiction within the corporation of a city or borough. Such incorporated bodies were given the right by the Crown to appoint a recorder. He was a person with legal knowledge appointed by the mayor and aldermen of the corporation to 'record' the proceedings of their courts and the customs of the borough or city. Such recordings were regarded as the highest evidence of fact. Typically, the appointment would be given to a senior and distinguished practitioner at the Bar, ...
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Circuit Judge (UK)
Circuit judges are judges in England and Wales who sit in the Crown Court, the Family Court, the County Court and some specialized sub-divisions of the High Court of Justice, such as the Technology and Construction Court. There are currently over 600 circuit judges throughout England and Wales. The office of circuit judge was created by the Courts Act 1971 and replaced the former offices of chairman of quarter sessions and borough recorder. All County Court Judges were also redesignated as circuit judges. Circuit judges are styled His or Her Honour Judge X and are referred to as His or Her Honour. They are sometimes referred to as "purple judges" on account of their purple colour dress robes. Recorders effectively function as part-time circuit judges and are also addressed as "Your Honour". Circuit judges rank below High Court judges but above district judges. They may be appointed to sit as deputy High Court judges, and some of the more senior circuit judges are eligibl ...
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High Court Judge (England And Wales)
A justice of the High Court, commonly known as a High Court judge, is a judge of the High Court of Justice of England and Wales, and represents the third-highest Judiciary of England and Wales, level of judge in the courts of England and Wales. High Court judges are referred to as puisne justices and wear red and black robes. High Court judges do not include the ''ex officio'' judges of the High Court, such as the heads of the divisions. High Court judges rank below Court of Appeal judge (England and Wales), justices of appeal, but above circuit judge (England and Wales), circuit judges. Title and form of address Upon appointment, male High Court judges are appointed Knight Bachelor, Knights Bachelor and female judges made Dame (title), Dames Dame Commander, Commander of the Order of the British Empire. In court, a High Court judge is Judge#England and Wales, addressed as ''My Lord'' or ''Your Lordship'' if male, or as ''My Lady'' or ''Your Ladyship'' if female. High Court judg ...
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Senior Courts Act 1981
The Senior Courts Act 1981 (c. 54), originally named the Supreme Court Act 1981, is an act of the Parliament of the United Kingdom. The act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as the "Superior Courts"). These Senior Courts comprise: the Court of Appeal, High Court of Justice, the Employment Appeal Tribunal, and the Crown Court. Change of name The Constitutional Reform Act 2005 established a new Supreme Court which, on 1 October 2009, replaced the Appellate Committee of the House of Lords. To avoid confusion, the Supreme Court Act 1981 was renamed the Senior Courts Act 1981, and all statutory references to the Supreme Court of England and Wales were amended to refer to the Senior Courts of England and Wales. The former term "Supreme Court" did not mean the 2009 Supreme Court (which, of course, did not exist in 1981), but was shorthand for the "Supreme Court of England and Wales", called before 1981 the " ...
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Crown Court
The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is one of three Senior Courts of England and Wales. The Crown Court sits in around 92 List of Crown Court venues in England and Wales, locations in England and Wales, divided into Circuits of England and Wales, Circuits. When sitting in the City of London, it is known as the Central Criminal Court (England and Wales), Central Criminal Court or "Old Bailey". The Crown Court is administered by His Majesty's Courts and Tribunals Service, HM Courts and Tribunals Service, an executive agency of the Ministry of Justice (United Kingdom), Ministry of Justice. History England and Wales formerly used a system of courts of assizes, assize and court of quarter sessions, quarter sessions for indictment trials at first instance. However, the Beeching C ...
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