Compounding Treason
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Compounding Treason
Compounding treason is an offence under the common law of England. It is committed by anyone who agrees for consideration to abstain from prosecuting the offender who has committed treason. It is still an offence in England and Wales, and in Northern Ireland. It has been abolished in the Republic of Ireland.The Criminal Law Act 1997 (No.14), section 8(3) In 1977, the Law Commission recommended that the offence should be abolished for England and Wales and for Northern Ireland. See also * Compounding a felony * High treason in the United Kingdom * Misprision of treason Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a p ... References *The Law Commission (1977). Treason, Sedition and Allied Offences (Working Paper No.72), paragraphs 6, 43, 67 and 96(5BAILII{{reflist Common law offenc ...
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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 omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration only if one is ...
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Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territorial scope Although it is an Act of the Parliament of the United Kingdom, most of its provisions (except for some minor exceptions) apply only to England and Wales. Several of the Act's provisions were adopted, word for word, for Northern Ireland by the Criminal Law Act (Northern Ireland) 1967 (c 18) (NI) and the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c 28) (NI). The Republic of Ireland similarly adopted some of its provisions, again word for word, in the Criminal Law Act 1997. Structure The Act has three parts. Part I abolished the distinction between felony and misdemeanour and makes consequential provisions. Part II abolished a number of obsolete crimes. Part III contains supplementary provision ...
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Criminal Law Act (Northern Ireland) 1967
The Criminal Law Act (Northern Ireland) 1967 (c 18) (NI) is an Act of the Parliament of Northern Ireland. It makes similar provision to the Criminal Law Act 1967 for Northern Ireland. Section 2 This section was repealed barticle 90(2)of, and Part I oSchedule 7to the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341) (NI 12). Section 8 This section was repealed bsection 122(2)of, and Part II oSchedule 7to the Judicature (Northern Ireland) Act 1978. Section 10 This section was repealed by the Magistrates' Courts (Northern Ireland) Order 1981 (SI 1981/1675) (NI 26). Section 12 In section 12(1), the words "and to subsection (2)" were repealed by section 122(2) of, and Part II of Schedule 7 to the Judicature (Northern Ireland) Act 1978. Section 12(2) was repealed by section 122(2) of, and Part II of Schedule 7 to the Judicature (Northern Ireland) Act 1978. See also *Criminal Law Act Criminal Law Act (with its many variations) is a stock short title used ...
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Criminal Law 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 ...
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Law Commission (England And Wales)
In England and Wales the Law Commission ( cy, Comisiwn y Gyfraith) is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman (currently Sir Nicholas Green, a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. ...
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Compounding A Felony
Compounding a felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or to hamper the prosecution of, a felony. To "compound", in this context, means to come to a settlement or agreement. It is not compounding for the victim to accept an offer to return stolen property, or to make restitution, as long as there is no agreement not to prosecute. Compounding has been replaced by statutory provision in numerous jurisdictions that recognize common law offences: * England and Wales, replaced with concealing offences or giving false information * Northern Ireland * The Republic of Ireland * New South Wales Compounding a misdemeanor is not an offence at common law. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy.Boyce & Perkins, ''Criminal Law'', 3rd ed. (1992) at 578. See also ...
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High Treason In The United Kingdom
Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest. Jesuits, etc. Act 1584 High treason was generally distinguished from petty treason, a treason committed against a subject of the sovereign, the scope of which was limited by statute to the murder of a legal superior. Petty treason comprised the murder of a master by his servant, of a husband by his wife, or of a bishop by a clergyman. Petty treason ceased to be a disti ...
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Misprision Of Treason
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority. Australia Under Australian law a person is guilty of misprision of treason if he: The maximum penalty is life imprisonment. Canada Under section 50(1)(b) of the Canadian ''Criminal Code'', a person is guilty of an offence (although it is not described as misprision) if: The maximum penalty is 14 years. Republic of Ireland Under section 3 of the Treason Act 1939 a person is guilty of misprision of treason if "knowing that any act the commission of which would be treason is intended or proposed to be, or is being, or has been committed, edoes not forthwith disclose the same, together with all particulars thereof known to him, to a Justice of the District Court, or an officer of the Gárda Síochána, or some other ...
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Common Law Offences In England And Wales
Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally common land, now a park in London, UK * Common Moss, a townland in County Tyrone, Northern Ireland * Lexington Common, a common land area in Lexington, Massachusetts * Salem Common Historic District, a common land area in Salem, Massachusetts People * Common (rapper) (born 1972), American hip hop artist, actor, and poet * Andrew Ainslie Common (born 1841), English amateur astronomer * Andrew Common (born 1889), British shipping director * John Common, American songwriter, musician and singer * Thomas Common (born 1850), Scottish translator and literary critic Arts, entertainment, and media * ''Common'' (film), a 2014 BBC One film, written by Jimmy McGovern, on the UK's Joint Enterprise Law * Dol Common, a character in ''The Alchemist'' b ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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