|
Justice Of The Peace Act 1361
The Justices of the Peace Act 1361 (34 Edw 3 c 1) is an Act of the Parliament of England. The Act, although amended, remains enforceable in England and Wales in 2022. Background Maintaining the peace had long been a concern of society and part of the common law, but that aspect of the common law was enshrined into statute by the enactment of the Justices of the Peace Act 1361. The primary reason for the legislation was due to concerns about soldiers returning from the war in France, and the potential of them not reintegrating back into their communities as peaceful citizens. The Act defined who was eligible to become a justice of the peace, their duties and their powers. It detailed that each county assigned a lord and three of four worthy people to become justices of the peace. The role of a justice of the peace was to deal with 'offenders, rioters, and all other barators'. It empowered them to apprehend, arrest, and punish them, in accordance with the 'law and customs of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penal Transportation
Penal transportation or transportation was the relocation of convicted criminals, or other persons regarded as undesirable, to a distant place, often a colony, for a specified term; later, specifically established penal colonies became their destination. While the prisoners may have been released once the sentences were served, they generally did not have the resources to return home. Origin and implementation Banishment or forced exile from a polity or society has been used as a punishment since at least the 5th century BC in Ancient Greece. The practice of penal transportation reached its height in the British Empire during the 18th and 19th centuries. Transportation removed the offender from society, mostly permanently, but was seen as more merciful than capital punishment. This method was used for criminals, debtors, military prisoners, and political prisoners. Penal transportation was also used as a method of colonization. For example, from the earliest days of English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Binding Over
In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances. In the United Kingdom In a 1988 article in the ''Cambridge Law Journal'', British legal commentator David Feldman describes the power to "bind people over to be of good behaviour or to keep the peace" as a useful and common device used in the British criminal justice system, and explains the process as follows: The origins of the binding-over power are rooted in (1) the takings of sureties of the peace, which "emerged from the peace-keeping arrangements of Anglo-Saxon law, extended by the use of the royal prerogative and royal writs" and (2) the separate device of sureties of good behavior, which originated as a type of conditional pardon given by the king. The modern statutory authorizati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the Act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings. Section 1 of the Act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the Act establishes a six-month limitation period for summary (but not indictable) offences. See also *Magistrates' Courts Act Magistrates' Courts Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to magistrates' courts. The Bill for an Act with this short tit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Doubt
Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty, or in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; failure to do so entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer." In practice Because a defendant is presumed to be innocent, the prosecution has the burden of proving the defendant's guilt on every ele ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affray
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror (in french: à l'effroi) of ordinary people. Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; if so, it is for one of these offences that they are usually charged."Affray", Encyclopædia Britannica, 1911 United Kingdom England and Wales The common law offence of affray was abolished for England and Wales on 1 April 1987. Affray is now a statutory offence that is triable either way. It is created by section 3 of the Public Order Act 1986 which provides: The term "violence" is defined by section 8. Section 3(6) once provided that a constable could arrest without warrant anyone he reasonably suspected to be committing affray, but that subsection was repealed by para ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of The Peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct. Public order England, Wales and Northern Ireland In England and Wales, theoretically all criminal offences cognizable by English law involve "a breach of the King's peace", and all indictments formerly concluded "against the peace of our Lady the Queen, her crown and dignity" before the passage of the Indictments Act 1915 and the Rules that formed that Act's first schedule. The conclusion has also found its way into constitutional law in many United States state constitutions, which mandate that indictments within the state end in a similar manner to the above, usually omitting the "crown" part or substituting "government". For example, New Jersey's is "against the peace of this State, the government and dignity of the same". Historically that con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Binding Over
In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances. In the United Kingdom In a 1988 article in the ''Cambridge Law Journal'', British legal commentator David Feldman describes the power to "bind people over to be of good behaviour or to keep the peace" as a useful and common device used in the British criminal justice system, and explains the process as follows: The origins of the binding-over power are rooted in (1) the takings of sureties of the peace, which "emerged from the peace-keeping arrangements of Anglo-Saxon law, extended by the use of the royal prerogative and royal writs" and (2) the separate device of sureties of good behavior, which originated as a type of conditional pardon given by the king. The modern statutory authorizati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Proceedings Court
{{CourtsEnglandWales In England and Wales, family proceedings court was the name given to a magistrates' court when members of the court's family panel sat to hear a family case. It was a court of first instance in England and Wales that dealt with family matters. Cases were either heard in front of a bench of lay magistrates or a district judge (magistrates' courts). From 22 April 2014 the family proceedings court has ceased to exist and its functions were absorbed into the new single Family Court following the enactment of the Crime and Courts Act 2013. Magistrates continue to sit in family proceedings in the way described but within a different court arrangement. Jurisdiction The family proceedings court's jurisdiction was derived from the Magistrates' Courts Act 1980. The Children Act 1989 provided the basis for most applications dealing with children. Beyond the 1989 Act, magistrates continue to have quite separate powers to make maintenance orders between spouses t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Tax
Council Tax is a local taxation system used in England, Scotland and Wales. It is a tax on domestic property, which was introduced in 1993 by the Local Government Finance Act 1992, replacing the short-lived Community Charge The Community Charge, commonly known as the poll tax, was a system of taxation introduced by Margaret Thatcher's government in replacement of domestic rates in Scotland from 1989, prior to its introduction in England and Wales from 1990. It pr ..., which in turn replaced the domestic rates. Each property is assigned one of eight bands in England and Scotland (A to H), or nine bands in Wales (A to I), based on property value, and the tax is set as a fixed amount for each band. The more valuable the property, the higher the tax, except for properties valued above £320,000 (in 1991 prices). Some property is exempt from the tax, and some people are exempt from the tax, while some get a discount. In 2011, the average annual levy on a property in England was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
