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Standard Scale
The standard scale is a system in Commonwealth law whereby financial criminal penalties (fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than every individual piece of legislation. In English law, the reference in legislation will typically appear as: Legislation and level of fines Australia In Australia, the monetary fines for a breach of law is determined by however many penalty units the offence is worth, times the value of that jurisdiction's penalty unit. All states and territories set their own penalty unit values, which is supplemented by the federal penalty unit for federal offences. Channel Islands Guernsey Guernsey uses the UK standard scale for adopted UK legislation, and its own scale (called the uniform scale) for legislation originating in the States of Guernsey. Guernsey's dependencies of Alderney an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Of Nations
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, and the Commonwealth Foundation, which focuses on non-governmental relations amongst member states. Numerous organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was originally created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. The current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acts Of Tynwald
An Act of Tynwald is a statute passed by Tynwald, the parliament of the Isle of Man. Structure Acts of Tynwald are structured in a similar format to Acts of the Parliament of the United Kingdom. Commencement Originally, each Act began with the following formula: In later Acts, this was modernised as follows: Modern-day Acts now omit this formula altogether. Long title Each Act has a long title, which summarises the purpose of the statute. An example from a Customs Act is: Enacting formula The substantive provisions of the Act are preceded by an enacting formula, which is currently worded as follows: Until 1 January 2008, a longer form of words had been used: In earlier Acts, commencing with the revestment of the island to the British Crown, the following form was used: Short title and citation In modern times, Acts of Tynwald have specified a short title by which they may be cited for convenience; e.g. "Isle of Man Constitution Act 1961". Acts from the 1970s on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure (Scotland) Act 1995
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 1991
The Criminal Justice Act 1991 (c. 53) is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales, with certain clauses extended to either Northern Ireland or Scotland. The Act enabled the introduction of private prisons to the United Kingdom, attempted to reform the system of fines in England and Wales, established HM Inspectorate of Probation as a statutory body, and allowed for the Home Secretary to release foreign prisoners from prison to enable their deportation. It remains in force with many of its provisions amended by subsequent Criminal Justice Acts. History The Conservative MP John Greenway attempted to have the Act amended during its passage to introduce the death penalty for the murder of a police officer. Provisions Early Removal Scheme The Act mode provision for an Early Removal Scheme. Under the Scheme, the Home Secretary can release foreign national prisoners early from prison where they were subject to deportation or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prescribed Sum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scotland, it is now equal to twice level 5 on the standard scale. England and Wales The prescribed sum is defined bsection 32(9)of the Magistrates' Courts Act 1980. It can be altered under section 143(1) of that Act. It was previously defined by section 28(7) of the Criminal Law Act 1977. It could be altered under section 61(1) of that Act. The prescribed sum, within the meaning of the said section 32, may be referred to in legislation as the "statutory maximum". Scotland The prescribed sum is defined bsection 225(8)of the Criminal Procedure (Scotland) Act 1995. The prescribed sum was defined bsection 289B(6)of the Criminal Procedure (Scotland) Act 1975. The prescribed sum, within the meaning of the said section 225(8), may be referred ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hybrid Offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, in California, violating COVID-19 safety precautions (ranges from a $100 fine to one year in jail). Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Maximum
The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scotland, it is now equal to twice level 5 on the standard scale. England and Wales The prescribed sum is defined bsection 32(9)of the Magistrates' Courts Act 1980. It can be altered under section 143(1) of that Act. It was previously defined by section 28(7) of the Criminal Law Act 1977. It could be altered under section 61(1) of that Act. The prescribed sum, within the meaning of the said section 32, may be referred to in legislation as the "statutory maximum". Scotland The prescribed sum is defined bsection 225(8)of the Criminal Procedure (Scotland) Act 1995. The prescribed sum was defined bsection 289B(6)of the Criminal Procedure (Scotland) Act 1975. The prescribed sum, within the meaning of the said section 225(8), may be refe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents," Acts of the Scottish Parliament and instruments made thereunder (added 1998), and Measures and Acts of the National Assembly for Wales and instruments made thereunder. The Act makes provision in relation to: the construction of certain words and phrases, words of enactment, amendment or repeal of Acts in the Session they were passed, judicial notice, commencement, statutory powers and duties, the effect of repeals, and duplicated offences. The Act repealed the whole of the Interpretation Act 1889, except for sections 13(4) and 13(5) and 13(14) in their application to Northern Ireland. The Interpretation Act (Northern Ireland) 1954 applies in the same way to Acts of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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