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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 legitimate business concerns and applies where goods are supplied or a service is performed on the basis that payment will be made there and then. A taxi passenger who runs off without paying the fare at the end of the journey; and a motorist who fills up with petrol at a garage and drives off when the attendant is distracted. For these purposes, it must be proved that the defendant knew that payment on the spot was required or expected, and made off dishonestly with intent to avoid payment of the amount due. Prior to the creation of the offence, running off might be a tort but it was not a crime; the supplier would have to bring a civil law suit against the recipient. The use of criminal law is intended to avoid this expense. To be a theft, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft (Northern Ireland) Order 1978
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 some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The ''actus reus'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a ''mens rea'' of dishonesty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Of Services
Theft of services is the legal term for a crime which is committed when a person obtains valuable services — as opposed to goods — by deception, force, threat or other unlawful means, i.e., without lawfully compensating the provider for these services. It may also overlap with some types of fraud in which payment is made on credit, but under an assumed identity, and ultimately disavowed ("identity theft"). Types Crimes of this sort are typically prosecuted as larceny, and may be either a misdemeanor or a felony, based upon the value of the services illegally obtained. This category encompasses a wide variety of criminal activity including tampering with (or bypassing) a utility meter so that the true level of consumption is understated, leaving a hotel or restaurant or similar establishment without paying for the service and "turnstile jumping" or other methods of evading the payment of a fare or fee when using a public transit vehicle or entering a private facility ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud Act 2006
The Fraud Act 2006 (c 35) is an Act of the Parliament of the United Kingdom which affects England and Wales and Northern Ireland. It was given royal assent on 8 November 2006, and came into effect on 15 January 2007. Purpose The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes - fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment. This Act largely replaces the laws relating to obtaining property by deception, obtaining a pecuniary advantage and other offences that were created under the Theft Act 1978. These offences attracted much criticism for their complexity and difficulty in proving at court. Much of the Theft Act 1978 has been repealed, but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dine And Dash
Dine and dash is the US phrase for a form of theft by fraud, in which a patron or patrons orders and consumes food and beverages from a restaurant or similar establishment with the intent not to pay. The act may involve the customer leaving the restaurant with the intent of evading payment, or, less commonly, of the patron eating the food and then stating that they do not have any money. Legal aspects In English law, "food" falls under the crime of making off without payment introduced in 1978; the law was later copied in Northern Ireland and the Republic of Ireland. Simply failing to pay a bill when due is generally not a crime in most United States circumstances or jurisdictions. It is a contract debt, and the act is civil rather than criminal in nature. However, there are often laws that apply specifically to restaurants, hotels, and other circumstances, where the presumption is that the customer intended to never pay their bill in advance and therefore obtained the valuabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Reform Commission (Ireland)
The Irish Law Reform Commission was established undeof th Activities The Commission an independent body which examines areas of the law and proposes reforms or changes. Most of their recommendations are adopted through legislation. According to its website, 70% of its proposals have resulted in the enactment of legislation effecting reforms. The website says that the Commission is currently engaged in its Fifth Programme of Law Reform.The Law Reform Commission"Welcome" Functions of the Law Reform Commission Act 1975 provides: By section 1, *"the law" means the law of the State
A state is a centralized political organization that imposes and enforces rules over a population within a territ ...
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Irish Statute Book
The Irish Statute Book, also known as the electronic Irish Statute Book (eISB), is a database produced by the Office of the Attorney General of Ireland. It contains copies of Acts of the Oireachtas and statutory instruments.electronic Irish Statute Book (eISB) . Office of the Attorney General from the original by . It also contains a Legislation Directory which includes chronological tables of pre-1922 legislation. [...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, so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictment
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of 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 case is sent directl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have other conseq ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police And Criminal Evidence (Amendment) (Northern Ireland) Order 2007
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the prese ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intention (criminal Law)
In criminal law, intent is a subjective state of mind () that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is : intent or knowledge of wrongdoing. Definitions Intent is defined in English law by the ruling in ''R v Mohan'' 976QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). A range of words represents shades of ''intent'' in criminal laws around the world. The mental element, or '' mens rea'', of murder, for example, was historically called malice aforethought. In some jurisdictions transferred intent allows the prosecution for intentional murder if a death occurs in the course of committing an intentional felony. The intent for the felony is transferred to the killing in this type of situation. The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even with a benevolent motive, such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
