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Violent Disorder
Violent disorder is a statutory offence in England and Wales. It is created bsection 2(1)of the Public Order Act 1986. Sections 2(1) to (4) of that Act provide: :(1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder. :(2) It is immaterial whether the 3 or more use or threaten unlawful violence simultaneously. :(3) No person of reasonable firmness need actually be, or be likely to be, present at the scene. :(4) Violent disorder may be committed in private as well as in public places. "3 or more persons" See the following cases: *R v Mahroof 98888 Cr App R 317, CA *R v Fleming and Robinson 989 Crim LR 658, CA *R v McGuigan and Cameron 991Crim LR 719, CA "Violence" This word is defined by section 8. Mens rea Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Legal Terminology
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Appeal Reports (Sentencing)
The Criminal Appeal Reports (Sentencing), sometimes referred to as the Criminal Appeal (Sentencing) Reports, are a series of law reports of decisions which relate to sentencing. They are published by Sweet & Maxwell. Publication began in 1979. As of 2008, they were published six times each year. For the purpose of citation, their name may be abbreviated to "Cr App R (S)".Advanced Criminal Litigation in Practice. Oxford University Press. 2008Page 3 See also *Criminal Appeal Reports References {{Reflist External links"Criminal Appeal Reports (Sentencing)" Cardiff Index to Legal Abbreviations. Cardiff University
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Statutory Maximum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scotland, it is now equal to twice level 5 on the standard scale. England and Wales The prescribed sum is defined bsection 32(9)of the Magistrates' Courts Act 1980. It can be altered under section 143(1) of that Act. It was previously defined by section 28(7) of the Criminal Law Act 1977. It could be altered under section 61(1) of that Act. The prescribed sum, within the meaning of the said section 32, may be referred to in legislation as the "statutory maximum". Scotland The prescribed sum is defined bsection 225(8)of the Criminal Procedure (Scotland) Act 1995. The prescribed sum was defined bsection 289B(6)of the Criminal Procedure (Scotland) Act 1975. The prescribed sum, within the meaning of the said section 225(8), may be referred ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Conviction
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictment
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 dir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction
In law, a conviction is the determination by a court of law that a defendant is Guilty (law), guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by judge in which the defendant is found guilty. 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 (sentence), discharge and is used in countries including England, Wales, Canada, Australia, and New Zealand. In any criminal justice system, innocent people are sometimes 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. In some judici ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Serious Organised Crime And Police Act 2005
The Serious Organised Crime and Police Act 2005 (c. 15) (often abbreviated to SOCPA or SOCAP) is an Act of Parliament, 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 Detective Constable, constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the British House of Commons, 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 United Kingdom general election, 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 des ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (c. 60) (PACE) is an act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE also sets out responsibilities and powers that can be utilized by non-sworn members of the Police i.e. PCSOs, by members of the public or other government agencies e.g. FSA officers, the armed forces, HMRC officers, et al. PACE established the role of the appropriate adult (AA) in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrestable Offence
Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient term ''felony''. That Act had been superseded by the Police and Criminal Evidence Act 1984, which over the next two decades was itself significantly amended to increase police powers of arrest, relating in particular to entry, search following arrest and to custody. In England and Wales, the category "arrestable offence" ceased to exist with the advent on 1 January 2006 of the Serious Organised Crime and Police Act. In Northern Ireland, it ceased to exist with the advent of the Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007. In the Republic of Ireland, the Criminal Law Act 1997 abolished the terms felony and misdemeanour and created the term "arrestable offence" in their place. England and Wales Definition Section 24 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
