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Burglary In English Law
Burglary is a statutory offence in England and Wales. In the three years to 2018 burglary reports in England and Wales rose by 6% while criminal charges for burglary fell by 33%. The number of police officers available to investigate burglary and other crimes also fell during that time. Statute The offence of burglary is now defined by section 9 of the Theft Act 1968 which now reads: Burglary with intent to rape Section 9(2) originally referred to the offence of raping any woman in the building or part of the building in question. The words "raping any person" were substituted for the words "raping any woman" on 3 November 1994. This was consequential on the changes to the definition of rape made by the Criminal Justice and Public Order Act 1994. The words "or raping any person" were in turn repealed on 1 May 2004. The offence of burglary with intent to rape is replaced by the offence of trespassing with intent to commit a sexual offence, contrary to section 63 of the Sexua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of ''Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("''or the person that committeth burglary''"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward Coke:) "The word ''burglar'' comes from the two Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Either Way
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 as 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. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions (ranges from a $100 fine to one year in jail). 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 mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Larceny Act 1916
The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences. The definition of larceny for the purposes of the Act was "a person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith; takes and carries away anything capable of being stolen, with the intent at the time of such taking, permanently to deprive the owner thereof. Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner". Section 23 provided maximum penalties for a number of offences of robbery and aggravated robbery. Section 24 created the offence of sacrilege. Section 25 created the offence of burglary. Sections 29 to 31 related to bla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life Imprisonment In England And Wales
In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for early release after a minimum term set by the judge. In exceptional cases, however, a judge may impose a "whole life order", meaning that the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the Home Secretary. Whole life orders are usually imposed for aggravated murder, and can only be imposed where the offender was at least 21 years old at the time of the offence being committed. Until 1957, the mandatory penalty for all adults convicted of murder was death by hanging. The Homicide Act of that year limited the circumstances in which murderers could be executed, mandating life imprisonment in all other cases. The death penalty for murder was suspended for five years by the 1965 Murder (Abolition of Death Penalty) Act and was abolished in 1969 (1973 in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictable-only 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 to determine whether there is a ''prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Videocassette Recorder
A videocassette recorder (VCR) or video recorder is an electromechanical device that records analog audio and analog video from broadcast television or other source on a removable, magnetic tape videocassette Videotape is magnetic tape used for storing video and usually sound in addition. Information stored can be in the form of either an analog or digital signal. Videotape is used in both video tape recorders (VTRs) and, more commonly, videocasset ..., and can play back the recording. Use of a VCR to record a television program to play back at a more convenient time is commonly referred to as ''timeshifting''. VCRs can also play back prerecorded tapes. In the 1980s and 1990s, prerecorded videotapes were widely available for purchase and rental, and blank tapes were sold to make recordings. VCRs declined in popularity during the early 2000s and in July 2016, Funai Electric, the last manufacturer of them ceased production. History Early machines and formats The h ... [...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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Powers Of Criminal Courts (Sentencing) Act 2000
The Powers of Criminal Courts (Sentencing) Act 2000 (c.6) is a consolidation Act of the Parliament of the United Kingdom that brings together parts of several other Acts dealing with the sentencing treatment of offenders and defaulters. It was drafted by the Law Commission and the Scottish Law Commission. With amendments, it consolidated sentencing legislation previously spread across twelve separate Acts. Much of the Act has been repealed by the Criminal Justice Act 2003 The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ..., which introduced significant changes to sentencing from 2005. References United Kingdom Acts of Parliament 2000 Criminal law of the United Kingdom Courts of the United Kingdom Sentencing (law) {{UK-statute-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime (Sentences) Act 1997
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prescribed Sum
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 referre ... [...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 (which includes 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, 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 ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
