The British Virgin Islands Criminal Code (No 1 of 1997) is a
statute of the
British Virgin Islands
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which consolidates almost all of the
indictable offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
s under the Territory's
criminal law.
The Code was passed into
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
by the
Legislative Council on 1 April 1997, received
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 1 May 1997, and was brought into force on 1 September 1997.
It is sometimes mistakenly said that the Code contains all of the Territory's criminal laws, but this is not the case. The Act expressly preserves offences under other enactments, as well as offences at
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
.
Parts
After the preamble and various preliminary matters, the Act is divided into 21 parts as follows:
*Part I – General rules as to criminal liability.
*Part II – Punishments
*Part III – Offences against Government and public order
*Part IV – Offences against the administration of lawful authority
*Part V – Offences relating to the administration of justice
*Part VI – Offences relating to religion
*Part VII –
Sexual offences
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes.
Some laws regarding sexual activity are ...
*Part VIII –
Abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
*Part IX – Offences relating to
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
*Part X –
Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the L ...
*Part XI –
Homicide
Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...
and other
offences 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 fol ...
*Part XII – Neglect endangering life or health
*Part XIII –
Abduction
Abduction may refer to:
Media
Film and television
* "Abduction" (''The Outer Limits''), a 2001 television episode
* " Abduction" (''Death Note'') a Japanese animation television series
* " Abductions" (''Totally Spies!''), a 2002 episode of an ...
,
kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/ asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the ...
and similar crimes
*Part XIV – Offences relating to property
[Including ]theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for so ...
, robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murde ...
, false accounting False accounting is a legal term for a type of fraud, considered a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland.
England and Wales
This offence is created by section 17 of the Theft Act 1968 which provides:
...
, making off without payment
Making off without payment is a statutory offence in England and Wales, Northern Ireland , Republic of Ireland and Hong Kong. It was first introduced on the recommendation of the Criminal Law Revision Committee and is intended to protect legitimat ...
, obtaining pecuniary advantage by deception
Obtaining pecuniary advantage by deception was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still subsists in certain other common ...
and blackmail
Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to f ...
.
*Part XV –
Forgery
Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forbi ...
, coining and
counterfeiting
To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value tha ...
*Part XVI –
Personation
Personation (rather than ''im''personation) is a primarily- legal term, meaning 'to assume the identity of another person with intent to deceive'. It is often used for the kind of voter fraud where an individual votes in an election, whilst pre ...
*Part XVII –
Criminal damage
Property damage (or cf. criminal damage in England and Wales) is damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or act of nature.
It is similar to vandalism and arson (destroying prope ...
and similar offences
*Part XVIII –
Criminal libel
Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used.
It is an alternative name for the common law offence which is also known (in ord ...
*Part XIX –
Nuisance
Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") ...
and other offences against the public in general
*Part XX –
Conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
,
attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...
and assisting offenders
*Part XXI – Miscellaneous
Footnotes
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
Criminal codes
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