Criminal Law Act 1967
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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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England And Wales
England and Wales () is one of the 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 devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no 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 present-day England and Wales was administered as a single unit, except f ...
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Constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other people may be granted powers of a constable without holding this title. Etymology Historically, the title comes from the Latin ''comes stabuli'' ( attendant to the stables, literally ''count of the stable'') and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), Constable
Encyclopædia Britannica online
The title was imported to the monarchy, monarchies of Middle Ages, medieval Europe, and in many countries developed into a high military rank an ...
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Pawnbrokers Act 1872
A pawnbroker is an individual or business (pawnshop or pawn shop) that offers secured loans to people, with items of personal property used as Collateral (finance), collateral. The items having been ''pawned'' to the broker are themselves called pledge (law), ''pledges'' or ''pawns'', or simply the collateral. While many items can be pawned, pawnshops typically accept jewelry, musical instruments, home audio equipment, computers, video game systems, coins, gold, silver, televisions, cameras, power tools, firearms, and other relatively valuable items as collateral. If an item is pawned for a loan (colloquially "hocked" or "popped"), within a certain contractual period of time the pawner may redeem it for the amount of the loan plus some agreed-upon amount for interest. In the United States the amount of time, and rate of interest, is governed by law and by the state commerce department policies. They have the same license as a bank, which is highly regulated. If the loan is ...
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Metropolitan Police Courts Act 1839
Metropolitan may refer to: * Metropolitan area, a region consisting of a densely populated urban core and its less-populated surrounding territories * Metropolitan borough, a form of local government district in England * Metropolitan county, a type of county-level administrative division of England Businesses * Metro-Cammell, previously the Metropolitan Cammell Carriage and Wagon Company * Metropolitan-Vickers, a British heavy electrical engineering company * Metropolitan Stores, a Canadian former department store chain * Metropolitan Books, an imprint of Henry Holt and Company Colleges and universities * Leeds Metropolitan University, United Kingdom * London Metropolitan University, United Kingdom * Manchester Metropolitan University, United Kingdom * Metropolitan Community College (Omaha), United States * Metropolitan State University of Denver, United States ** Metro State Roadrunners * Metropolitan State University, in Saint Paul, Minnesota * Oslo Metropolitan University, ...
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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 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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Wasting Police Time
Wasting police time is listed as a criminal offence in many Commonwealth countries. United Kingdom In England and Wales, one can be charged with the offence under Section 5(2) of the Criminal Law Act 1967 when one "causes any wasteful employment of the police" by "knowingly making to any person a false report" which: *Shows that a criminal offence has been committed, *Creates apprehension for the safety of any persons or property, or *Indicates that they have information material to any police inquiry. The offence carries a maximum penalty of six months' imprisonment and/or a fine. Less serious cases may result in a penalty notice for disorder of £80 for persons aged 16 or over and £40 for younger offenders. The same applies to Northern Ireland according to Section 5(3) of the Criminal Law Act (Northern Ireland) 1967. For Scotland the High Court of Justiciary stated in ''Kerr v. Hill'' that giving false information to the police constitutes a crime under common law. New ...
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Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court. The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute. History Historically prosecutions were conducted through a patchwork of different systems. For serious crimes tried at the county level, justices of the peace or ...
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Consideration Under 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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Criminal Justice And Immigration Act 2008
The Criminal Justice and Immigration Act 2008 (c 4) is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. In particular, it changes the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which reached crisis levels in 2008. It also reduces the right of prison officers to take industrial action, and changed the law on the deportation of foreign criminals. It received royal assent on 8 May 2008, but most of its provisions came into force on various later dates. Many sections came into force on 14 July 2008. Specific provisions Sentencing Non-custodial sentences Section 1 of the Act provides a comprehensive list of new community orders, called ''youth rehabilitation orders,'' which can be imposed on offenders aged under 18. They can only be imposed if the offence is imprisonab ...
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Duty To Retreat
In law, the duty to retreat, or requirement of safe retreat,''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> is a legal requirement in some jurisdictions that a threatened person cannot harm another in self-defense (especially lethal force) when it is possible to instead retreat to a place of safety. This requirement contrasts with the right in some other jurisdictions to '' stand one's ground'', meaning being allowed to defend one's self instead of retreating. It is a specific component which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified. United States law Most U.S. jurisdictions have a stand-your-ground law or apply what is known as the castle doctrine, whereby a threatened person need not retreat within his or her own dwelling or place of work. Sometimes this has been the result ...
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Self-defence In English Law
Self-defence is a defence permitting reasonable force to be used to defend one's self or another. This defence arises both from common law and the Criminal Law Act 1967. Self-defence is a justification defence rather than an excuse. Principles Common law (self defence) The common law defence of self-defence applies where the defendant uses necessary, reasonable and proportionate force to defend themselves or another from imminent attack. It is a complete defence to all non-sexual offences involving the unlawful use of force (anything from battery to murder). Because the defence results in a complete acquittal, the courts have interpreted the defence in a restrictive way so as to avoid acquitting too easily. For example, the courts will not usually acquit the defendant just because he thought the force used was reasonable – whether or not the force used was reasonable will be objectively assessed by the jury and not simply according to what the defendant thought at the time. ...
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