R V Bowden (1999)
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R V Bowden (1999)
In ''R v Bowden'', a 1999 appeal, the English Court of Appeal dismissed a defence effort to depart from the literal rule, the taking of the natural meaning of statutory language. It concerned the making (copying with knowledge of the content) of an indecent photograph of a child. It confirmed it was irrelevant as to whether the offence was committed that these actions were part of a much larger production and distribution effort. That would likely be a relevant consideration at the time of sentencing if the jury found the facts established guilt. Facts The police and prosecution could find no evidence nor history of inappropriate behaviour towards children. There was no breach of trust. Bowden's position in the chain of production of indecent material was as low as could be consistent with the commission of the reproducing offence. He downloaded directed photographs, occasionally stored, and printed out photographs. Bowden had been convicted at the Crown Court (by jury) in Cam ...
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Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ...
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Cambridge Crown Court
Cambridge Crown Court is a Crown Court venue which deals with criminal cases at East Road, Cambridge, England. It was completed in 2004. History Until the early 21st century, crown court hearings were held in the Cambridge Guildhall. After the judicial facilities in the guildhall were deemed to be inadequate, the Lord Chancellor's Department decided to commission a new courthouse: the site chosen had originally accommodated a row of shops as well as a public house known as the "Wheelwright's Arms", which closed in 1960, and later accommodated Mackay's Garden Centre. The new building was procured under a Private finance initiative contract in 2001. It was designed by Austin-Smith:Lord in the modern style The Modern Style is a style of architecture, art, and design that first emerged in the United Kingdom in the mid-1880s. It is the first Art Nouveau style worldwide, and it represents the evolution of the Arts and Crafts movement which was native ..., built by Mowlem and wa ...
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English Court Of Appeal
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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Literal Rule
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other two are the "mischief rule" and the " golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. In other words, a statute is to be read word for word and is to be interpreted according to the ordinary meaning of the language, unless a statute explicitly defines some of its terms otherwise or unless the result would be cruel or absurd. Ordinary words are given their ordinary meaning, technical terms are given their technical meaning, and local, cultural terms are recognized as applicable. The plain meaning rule is the mechanism that prevents courts from taking sides in legislative or political issues. Additionally, it is the mechanism that underlies textualism and, to a certain extent, originalism. Meaning To avoid ambiguity, legislatures of ...
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Indecent Photograph Of A Child
The Protection of Children Act 1978 is an Act of the Parliament of the United Kingdom that criminalized indecent photographs of children. The Act applies in England and Wales. Similar provision for Scotland is contained in the Civic Government (Scotland) Act 1982 and for Northern Ireland in the Protection of Children (Northern Ireland) Order 1978. History The Protection of Children Bill was put before Parliament as a Private Member's Bill by the Conservative member of parliament Cyril Townsend in the 1977–1978 parliamentary session. This Bill came about as a result of the concern over child pornography and the sexual exploitation of children that had arisen in the United States of America in 1977. This cause was taken up in the UK by the press and Mary Whitehouse, who in a speech in 1977 had accused the Albany Trust of using public money effectively supporting the Paedophile Information Exchange (the project for a joint Albany/PIE pamphlet was scrapped). Decades later, it em ...
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Protection Of Children Act 1978
The Protection of Children Act 1978 is an Act of the Parliament of the United Kingdom that criminalized indecent photographs of children. The Act applies in England and Wales. Similar provision for Scotland is contained in the Civic Government (Scotland) Act 1982 and for Northern Ireland in the Protection of Children (Northern Ireland) Order 1978. History The Protection of Children Bill was put before Parliament as a Private Member's Bill by the Conservative member of parliament Cyril Townsend in the 1977–1978 parliamentary session. This Bill came about as a result of the concern over child pornography and the sexual exploitation of children that had arisen in the United States of America in 1977. This cause was taken up in the UK by the press and Mary Whitehouse, who in a speech in 1977 had accused the Albany Trust of using public money effectively supporting the Paedophile Information Exchange (the project for a joint Albany/PIE pamphlet was scrapped). Decades later, it eme ...
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Criminal Justice And Public Order Act 1994
The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed rave parties, and greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard, Home Secretary of Prime Minister John Major's Conservative government, and attracted widespread opposition. Background A primary motivation for the act was to curb illegal raves and free parties, especially the traveller festival circuit, which was steadily growing in the early 1990s, culminating in the 1992 Castlemorton Common Festival. Following debates in the House of Commons in its aftermath, Prime Minister John Major alluded to a future clampdown with then Home Secretary Ken Clarke at that year's Conservative Party conference. At the 1993 conference, Michael Howard, who had become Home Secretary, announced details ...
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Indecent Pseudo-photograph Of A Child
The Protection of Children Act 1978 is an Act of the Parliament of the United Kingdom that criminalized indecent photographs of children. The Act applies in England and Wales. Similar provision for Scotland is contained in the Civic Government (Scotland) Act 1982 and for Northern Ireland in the Protection of Children (Northern Ireland) Order 1978. History The Protection of Children Bill was put before Parliament as a Private Member's Bill by the Conservative member of parliament Cyril Townsend in the 1977–1978 parliamentary session. This Bill came about as a result of the concern over child pornography and the sexual exploitation of children that had arisen in the United States of America in 1977. This cause was taken up in the UK by the press and Mary Whitehouse, who in a speech in 1977 had accused the Albany Trust of using public money effectively supporting the Paedophile Information Exchange (the project for a joint Albany/PIE pamphlet was scrapped). Decades later, it emer ...
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Pseudo-photograph
The Protection of Children Act 1978 is an Act of Parliament, Act of the Parliament of the United Kingdom that criminalized indecent photographs of children. The Act applies in England and Wales. Similar provision for Scotland is contained in the Civic Government (Scotland) Act 1982 and for Northern Ireland in the Protection of Children (Northern Ireland) Order 1978. History The Protection of Children Bill was put before Parliament as a Private Member's Bill by the Conservative Party (UK), Conservative member of parliament Cyril Townsend in the 1977–1978 parliamentary session. This Bill came about as a result of the concern over child pornography and the sexual exploitation of children that had arisen in the United States, United States of America in 1977. This cause was taken up in the UK by the press and Mary Whitehouse, who in a speech in 1977 had accused the Albany Trust of using public money effectively supporting the Paedophile Information Exchange (the project for a joint ...
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English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ...
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Sex Laws
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes. Some laws regarding sexual activity are intended to protect one or all participants, while others are intended to proscribe behavior that has been defined as a crime. For example, a law may proscribe unprotected sex if one person knows that they have a sexual disease or to protect a minor; or it may proscribe non-consensual sex. In general, laws may proscribe acts which are considered either sexual abuse or behavior that societies consider to be inappropriate and against the social norms. Sexual abuse is unwanted sexual contact between two or more adults or two or more minors, and, depending on laws with regard to age of consent, sexual contact between an adult and a minor. Definitions Sex crimes are forms of human sexual behavior that are considered sufficiently unacceptable a ...
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Censorship In The United Kingdom
Censorship in the United Kingdom has taken many forms throughout the history of the country, with either various stringent and lax laws in place at different times, especially concerning British cinema, entertainment venues, literature, the monarchy and the press. In a specific sense, the concept of free speech generally does not exist as a fundamental right within the country. British citizens have a negative right to freedom of expression under the common law. In 69, the United Kingdom incorporated the European Convention into its domestic law under the Human Rights Act, although a repeal has been proposed, with a replacement known as the Bill of Rights Bill 2022 announced with draft text on 22 June 2022. Even under the current Human Rights Act, there is a broad sweep of exceptions. They include threatening or abusive words or behaviour intending or likely to cause harassment, alarm or distress or cause a breach of the peace, sending another any article which is indecent or g ...
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