Summary Of The Law Relative To Pleading And Evidence In Criminal Cases
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Summary Of The Law Relative To Pleading And Evidence In Criminal Cases
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is the leading practitioners' text for criminal lawyers in England and Wales and several other common law jurisdictions around the world. It has been in publication since 1822, when it was first written by John Frederick Archbold, and is currently published by Sweet & Maxwell, a subsidiary of Thomson Reuters. Forty-three revisions were published prior to 1992 and since then it has been published annually. Its authority is such that it is often quoted in court. The team of authors is made up of experienced barristers, KCs and judges. Editors Magistrates' courts As far as it covers procedure and practice, ''Archbold'' refers to those of the Crown Court. A separate volume, ''Archbold Magistrates' Courts Criminal Practice Archbold may refer to: People * Barry Archbold (born 1933), Australian rules footballer * Darin Archbold (born 1969), American basketball player * Jo Archbold, model * ...
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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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Common Law Jurisdiction
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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John Frederick Archbold
John Frederick Archbold (1785–1870) was a barrister and legal writer. He was the first editor of the English criminal law textbook '' Archbold Criminal Pleading, Evidence and Practice'', which is still routinely used in court today. Life He was the second son of John Archbold of Co. Dublin. He was admitted a student of Lincoln's Inn on 3 May 1809, and was called to the bar on 5 May 1814. From the beginning of his career Archbold devoted himself to compiling legal treatises. In 1811 he brought out an annotated edition of Blackstone's " Commentaries" (London, 4 vols. 8vo), with an analysis and an epitome of the work. In 1813, he issued the first volume of "A Digest of Pleas of the Crown" (London, 8vo), a compilation of all the statutes, adjudged cases, and other authorities upon the subject. This was one of three volumes of "A Digest of Criminal Law", which Archbold had prepared for the press, but as several books on the subject appeared about the same time he did not issue ...
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Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and '' Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore) won the contract to supply law books to the Hong Kong government. Swe ...
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Thomson Reuters
Thomson Reuters Corporation ( ) is a Canadian multinational media conglomerate. The company was founded in Toronto, Ontario, Canada, where it is headquartered at the Bay Adelaide Centre. Thomson Reuters was created by the Thomson Corporation's purchase of the British company Reuters Group in April 2008. It is majority-owned by The Woodbridge Company, a holding company for the Thomson family. History Thomson Corporation The forerunner of the Thomson company was founded by Roy Thomson in 1934 in Ontario, as the publisher of ''The Timmins Daily Press''. In 1953, Thomson acquired the ''Scotsman'' newspaper and moved to Scotland the following year. He consolidated his media position in Scotland in 1957, when he won the franchise for Scottish Television. In 1959, he bought the Kemsley Group, a purchase that eventually gave him control of the '' Sunday Times''. He separately acquired the ''Times'' in 1967. He moved into the airline business in 1965, when he acquired Britanni ...
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John Jervis (judge)
Sir John Jervis, Her Majesty's Most Honourable Privy Council, PC (12 January 1802 – 1 November 1856) was an English lawyer, law reformer and Attorney General of England and Wales, Attorney General in the administration of Lord John Russell. He subsequently became a judge and enjoyed a career as a robust but intelligent and innovative jurist, a career cut short by his early and sudden death. Early life The son of Thomas Jervis (judge), Thomas Jervis, he was educated at Westminster School and Trinity College, Cambridge, though he did not graduate, apparently preferring to take a commission as an officer (armed forces), officer in the British Army. However, after two years he returned to study law being called to the bar by the Middle Temple in 1824.Getzler (2004) Jervis followed his father onto the Oxford circuit and the Chester and north Wales circuit and built a substantial practice, being appointed a postman (law), postman of the Exchequer of pleas, Court of Exchequer. He was ...
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William Newland Welsby
William Newland Welsby (bapt. 3 January 1802England, Select Births and Christenings, 1538-1975 – 1 July 1864) was a legal writer who was born in Acton, Cheshire about 1802, was the only son of William Welsby of the Middle Temple, gentleman. He was admitted as a pensioner at St. John's College, Cambridge, on 28 October 1818, and graduated B.A. in 1823 and M.A. in 1827. On 22 April 1823 he was admitted as student at the Middle Temple, and was called to the bar on 10 November 1826. He went the North Wales and Chester circuit, and in 1841 was appointed recorder of that city. For many years he reported in the court of exchequer, and he was junior counsel to the treasury. He enjoyed the reputation of being an accomplished scholar and lawyer, but his exertions overtaxed his strength, and on 1 July 1864 he died at 19 Holland Villas Road, Kensington, aged 61. He was married, but had no children. Welsby edited, with Roger Meeson, seventeen volumes of "Exchequer Reports", beginning with 1 ...
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Stephen Mitchell (judge)
Sir Stephen George Mitchell KC (born 19 September 1941), styled The Hon. Mr Justice Mitchell, is a former judge of the High Court of England and Wales assigned to the Queen's Bench Division. Biography Mitchell was born in Nottingham, Nottinghamshire, the son of Sydney Mitchell and Joan Dick. He was educated at Bedford School and at Hertford College, Oxford. He was called to the Bar in 1964 and became a member of the Middle Temple. He was appointed as Second Prosecuting Counsel to the Crown at the Inner London Crown Court in 1975, and a Junior Prosecuting Counsel to the Crown at the Central Criminal Court in 1977. He was a Senior Prosecuting Counsel to the Crown between 1981 and 1986, a Recorder between 1985 and 1989, and a Circuit Judge between 1989 and 1993. He was appointed as Queen's Counsel in 1986 and as a Bencher of the Middle Temple in 1993. He was a Judge of the High Court of Justice, Queen's Bench Division between 1993 and 2003, and President of the National Security ...
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Mark Lucraft
Mark Lucraft, KC (born 1961 or 1962) is a British jurist and was Chief Coroner of England and Wales—the second person to occupy the role—from 2016 to 2020. In 2020—before relinquishing the role of Chief Coroner—he became Recorder of London, the senior judge at the Old Bailey. The roles were allowed to overlap due to the COVID-19 pandemic. By tradition, the Recorder of London is also appointed High Steward of Southwark, and Lucraft accordingly occupies this role. Lucraft was educated in law at the University of Kent's law school, graduating in 1983. He was called to the bar in 1984. He became a recorder in 2003, a King's Counsel (KC) in 2006, and a Senior Circuit Judge at the Central Criminal Court in 2017. As Chief Coroner, he presided over the inquests into the 2017 Westminster attack and 2017 London Bridge attack. As of April 2021, he is presiding over the inquest into the 2019 London Bridge stabbings, which first opened in December 2019. See also *2017 Lond ...
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Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' courts. It is one of three Senior Courts of England and Wales. The Crown Court sits in around 92 List of Crown Court venues in England and Wales, locations in England and Wales. The administration of the Crown Court is conducted by the Her Majesty's Courts and Tribunals Service, Courts and Tribunals Service (HMCTS). Previously conducted across six circuits (Midlands, Midland, Northern Circuit, Northern, North East England, North Eastern, South Eastern Circuit, South Eastern, Wales & Chester and Western Circuit, Western), HMCTS is now divided into seven regions; Midlands, North East, North West, South East, South West, London, and Wales. The Wales region was identified separately, having regard to the devolved legislative powers of the Welsh Go ...
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Archbold Magistrates' Courts Criminal Practice
Archbold may refer to: People * Barry Archbold (born 1933), Australian rules footballer * Darin Archbold (born 1969), American basketball player * Jo Archbold, model * John Archbold (other), several people * Michael G. Archbold, American businessman * Ralph Archbold (1942–2017), historical impersonator of Benjamin Franklin * Richard Archbold (1907–1976), American zoologist, grandson of John Dustin Archbold * Shane Archbold (born 1989), New Zealand professional racing cyclist * Thomas Archbold (died after 1488), Irish Crown official, lawyer and judge Places * Archbold, Ohio, village in Fulton County, Ohio, United States ** Archbold High School, public high school in Archbold, Ohio, United States * Archbold Biological Station, Lake Placid, FL, USA, founded by Richard Archbold * Archbold Gymnasium, gymnasium located on the campus of Syracuse University, New York, United States, named after John Dustin Archbold * Archbold Stadium Archbold Stadium was a multi-purpos ...
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Magistrates' Court (England And Wales)
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980. All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. Indictable only offences, on the other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that there is a case to answer, they are committed to the Crown Court, which has a mu ...
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