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Offence Against The Person
In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analysed by division into the following categories: *Fatal offences *Sexual offences *Non-fatal non-sexual offences They can be further analysed by division into: *Assaults *Injuries And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment). Offences against the person are usually taken to comprise: *Fatal offences **Murder **Manslaughter *Non-fatal non-sexual offences ** Assault, or common assault ** Battery, or common battery ** Wounding or wounding with intent ** Poisoning ** Assault occasioning actual bodily harm (and derivative offences) ** Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences) These cr ...
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Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ...
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Homicide
Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidental, Reckless homicide, reckless, or Negligent homicide, negligent acts even if there is no Intent (law), intent to cause harm. It is separate from suicide. Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human Society, societies; some are considered crimes, while others are permitted or even Court order, ordered by the Law, legal system. Criminality Criminal homicide takes many forms, including accidental killing and murder. Criminal ho ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ...
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Visiting Forces Act 1952
The Visiting Forces Act 1952 ( 15 & 16 Geo. 6 & 1 Eliz. 2. c. 67) is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters. See offence against the person and offence against property for the meaning of those terms. The Act is extended bsection 1(2)of, and thScheduleto the International Headquarters and Defence Organisations Act 1964. Extent The Act applies specifically to the forces of the countries (mostly members of the Commonwealth of Nations) listed in s.1(1)(a) (as amended from time to time) and additionally to the forces of any other country authorised by an Order in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and co ...
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Archbold Criminal Pleading, Evidence And Practice
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is a leading practitioners' text book for the practice of criminal law in the Crown Court of England and Wales. It is also referred to and used in several other common law jurisdictions around the world. ''Archbold'' has been in publication since 1822, when it was first written by John Frederick Archbold. It is currently published by Sweet & Maxwell, a subsidiary of Thomson Reuters. Forty-three revisions were published prior to 1992 and since then it has been published annually. Its authority is such that it is often quoted in court. The team of authors is made up of experienced solicitors, barristers, King's Counsel and judges. Editors Related publications A separate work, '' Archbold Magistrates' Courts Criminal Practice'' (usually called simply ''Archbold Magistrates'') covers the criminal jurisdiction of magistrates' courts and youth courts of England and Wales. It also ...
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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 ...
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Coroners And Justice Act 2009
The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *Preventing criminals from profiting from publications about their crimes *Abolishing the anachronistic offences of sedition and seditious, defamatory and obscene libel *Re-enacting the provisions of the emergency Criminal Evidence (Witness Anonymity) Act 2008 so that the courts may continue to grant anonymity to vulnerable or intimidated witnesses where this is consistent with a defendant's right to a fair trial *Criminalising possession of cartoon pornographic images depicting both minors as well as adults where the "predominant impression conveyed" is that the individual (being depicted), is that of a child. *Criminalising the holding of someone in slavery or servitude, or requiring them to perform forced or compulsory labour *Provision for the abolition of the office of Corone ...
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Suicide Act 1961
The Suicide Act 1961 ( 9 & 10 Eliz. 2. c. 60) is an Act of the Parliament of the United Kingdom. It decriminalised the act of suicide in England and Wales so that those who survived a suicide attempt would no longer be prosecuted. The text of sections 1 and 2 of this Act was enacted verbatim for Northern Ireland by sections 12 and 13 of the Criminal Justice Act (Northern Ireland) 1966. Analysis Suicide is defined as the act of intentionally ending one's own life. Before the Suicide Act 1961, it was a crime to die by suicide and anyone who attempted and survived could be prosecuted and imprisoned, while the families of those who died could also potentially be prosecuted. In part, that criminalisation reflected religious and moral objections to suicide as self-murder. Augustine and Thomas Aquinas had formulated the view that whoever deliberately took away the life given to them by their Creator showed the utmost disregard for the will and authority of God and jeopardised their ...
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Law Reform (Year And A Day Rule) Act 1996
The Law Reform (Year and a Day Rule) Act 1996 (c. 19) is a short act of Parliament which abolished the year and a day rule in English law and Northern Irish law. The year and a day rule was an ancient rule of the common law which created a conclusive presumption that a death was not murder (or any other form of homicide) if it occurred more than a year and a day since the act (or omission) that was alleged to have been its cause. The precise scope of the rule was unclear. As Lord Dormand said on second reading in the House of Lords, "it certainly applies to murder, manslaughter, infanticide and aiding and abetting suicide. It may also apply to motoring offences in which death is an element: causing death by dangerous driving; causing death by reckless driving while under the influence of drink or drugs; and aggravated vehicle taking causing death." The act has only three sections. Section 1 simply says: The remaining two sections provide that a prosecution where a dea ...
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Infanticide Act 1938
The Infanticide Act 1938 ( 1 & 2 Geo. 6. c. 36) is an act of the Parliament of the United Kingdom that created the offence of infanticide for England and Wales. Section 1 - Offence of infanticide Sections 1(1) to (3) now read: Amendments The word "if" was substituted for the words "notwithstanding that" in sections 1(1) and (2) by sections 57(2)(a) and (3)(a) of the Coroners and Justice Act 2009. The words "or manslaughter" were inserted in sections 1(1) and (2) by sections 57(2)(a) and (3)(a) of that Act. The words at the end of section 1(3) were repealed by Part III of schedule 3 to the Criminal Law Act 1967. Section 1(4) was also repealed by that Part. "Notwithstanding that" In ''R v Gore'', the Court of Appeal held that this expression meant "even if". Restriction on institution of proceedings Proceedings against a woman for infanticide, if the injury alleged to have caused the death was sustained more than three years before the death occurred, or the person ...
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Infanticide
Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose being the prevention of resources being spent on weak or disabled offspring. Unwanted infants were usually abandoned to die of exposure, but in some societies they were deliberately killed. Infanticide is generally illegal, but in some places the practice is tolerated, or the prohibition is not strictly enforced. Most Stone Age human societies routinely practiced infanticide, and estimates of children killed by infanticide in the Mesolithic and Neolithic eras vary from 15 to 50 percent. Infanticide continued to be common in most societies after the historical era began, including ancient Greece, Roman Empire, ancient Rome, the Phoenicians, ancient China, ancient Japan, Pre-Islamic Arabia, early modern Europe, Aboriginal Australians, Aboriginal Australia, Indigenous ...
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Corporate Manslaughter And Corporate Homicide Act 2007
The Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) is an Act of the Parliament of the United Kingdom that seeks to broaden the law on corporate manslaughter in the United Kingdom. The Act created a new offence respectively named corporate manslaughter in England and Wales and Northern Ireland, and corporate homicide in Scotland. The Act received the royal assent on 26 July 2007 and came into force on 6 April 2008. Background In the United Kingdom, a corporation is considered a juristic person and can be capable of committing, being convicted of and sentenced for, a criminal offence. However, some conceptual difficulty lies in fixing a corporation with the appropriate ''mens rea''.Herring (2004) ''p. ''720 Before the Act, a corporation could only be convicted of manslaughter if a single employee of the company committed all the elements of the offence and was of sufficient seniority to be seen as embodying the "mind" of the corporation. The practical consequen ...
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