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Wilful Fire-raising
Wilful fire-raising is a common law offence under Scots law applicable to deliberately starting fires with intent to cause damage to property. The offence is not fully equivalent to the offence of arson in England and Wales. The difference is that wilful fire-raising only covers fires that were started deliberately. The English-Welsh offence of arson can include cases where the fire was not entirely deliberate but made possible through malicious or reckless behaviour. In Scots law, if a fire is the result of an act of recklessness, then the offence of culpable and reckless conduct applies. It is common to find both offences charged together where criminal events involve fire and both offences carry a maximum sentence of life imprisonment. In practice, wilful fire-raising is often treated as being equivalent to arson for some purposes such as statistics. Prior to the case of ''Byrne v H.M. Advocate (No. 2)'' there was a distinction between "wilful fire-raising" and "culpable and ... [...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] |
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] |
Arson
Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving risk to human life or property carrying a stricter penalty. Arson that results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. Arson is also often committed to conceal another crime, such as murder or burglary. A person who commits arson is referred to as an arsonist, or a serial arsonist if the person has committed arson several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel, and direct fir ... [...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] |
Culpable And Reckless Conduct
Culpable and reckless conduct is a common law crime in Scots law. Overview Culpable and reckless conduct has no specific definition but deals with culpable and reckless acts which cause injury to others or create the risk of injury, with no effort made to mitigate this risk by the accused. While injury may occur, this would not be deemed as assault, as assault cannot be committed in a reckless or negligent manner. The crime does not deal with events which involve only civil liability such as injuries caused by negligence which does not amount to a criminal act. It does apply to many events which, had they occurred in England and Wales, would have been the same offence whether they were caused intentionally or recklessly but in Scotland fail to fall within the substantive crime due to a lack of intention. This is demonstrated in many cases where an offender is charged with another crime or offence (e.g. wilful fire raising) as well as this crime and the eventual crime or offen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heritable Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an improvement or fixture) to be considered part of the real property, it must be integrated with or affixed to the land. This includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property heritable property, and in French-based law, it is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mike Watson, Baron Watson Of Invergowrie
Michael Goodall Watson, Baron Watson of Invergowrie (born 1 May 1949), is a British Labour Party politician. He has served in two legislatures in the United Kingdom and served as Minister for Culture and Sport in the Scottish Executive Cabinet, and is a convicted criminal. Watson was expelled from his party on 22 September 2005 following his conviction and imprisonment for fire-raising at Prestonfield House, but was re-admitted to the Labour Party in July 2012. He currently sits as a Labour member of the House of Lords and is an Associate Director of the Edinburgh public affairs and communications company Caledonia Consulting. On 18 September 2015, the new Labour leader Jeremy Corbyn appointed Watson as Education spokesman in the House of Lords.Fraser NelsonJeremy Corbyn appoints convicted arsonist Mike Watson as his education spokesman at spectator.co.uk dated 18 September 2015 Early life Watson was born in Cambuslang, South Lanarkshire, but his family moved to Inv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Criminal Law
Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 (2009 asp 9) and Prostitution (Public Places) (Scotland) Act 2007 (2007 asp 11) which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
