The Public Prosecution Service V William Elliott, Robert McKee
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The Public Prosecution Service V William Elliott, Robert McKee
''The Public Prosecution Service v William Elliott and Robert McKee ''013 UKSC 32 is a case decided by the Supreme Court of the United Kingdom concerning admissibility of electronic evidence obtained from an electronic fingerprint reader unit that had not been approved by the Secretary of State as required by Article 61(8)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989. On 6 October 2007 William Elliott and Robert McKee were arrested and charged for theft of building materials. Elliott’s left thumbprint, which had been recorded by the Livescan electronic fingerprint reader, matched a print that had been found on the packaging of the stolen materials. Both Elliott and McKee were convicted and sentenced to eight months imprisonment. The defendants appealed the ruling on the basis that the fingerprint evidence was not admissible, as the device used to record the fingerprints was not an approved device; they were subsequently acquitted. The Public Prosecution ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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Courts Of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland. Prior to the partition of Ireland, Northern Ireland was part of the courts system of Ireland. Northern Ireland continues to have a separate legal system to the rest of the United Kingdom. There are exceptions to that rule, such as in immigration and military law, for which there is a unified judicial system for the whole United Kingdom. To overcome problems resulting from the intimidation of jurors and witnesses, the right to a jury trial in Northern Ireland was suspended for certain terrorist offences in 1972, and the so-called "Diplock courts" were introduced to try people charged with paramilitary activities. Diplock courts are common in Northern Ireland for crimes connected to terrorism. Administration of the courts is the responsibility of the Northern Ireland Courts and Tribun ...
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Evidence Law
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ...
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Supreme Court Of The United Kingdom Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of la ...
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Judicial Review In English Law
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body. When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide the main parameters for the lawfulness of its decision-making. In addition, the Human Rights Act 1998 provides that statutes must be interpreted so far as possible, and public bodies must act, in a manner which is compliant with the European Convention on Human Rights and Fundamental Freedoms. There are also common law constraints on the dec ...
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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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Director Of Public Prosecutions (England And Wales)
The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS) and the third most senior public prosecutor in England and Wales, ranking after the attorney general and solicitor general. First created in 1879, the office was merged with that of the Treasury Solicitor five years later, before again becoming independent in 1908. The director's department and role underwent modernisation from 1944 to 1964 under Sir Theobald Mathew QC, and further expansion with the introduction of the CPS in 1985, which came under the authority of the director. Today, the incumbent bears personal responsibility for 7,000 CPS staff and the approximately 800,000 prosecutions undertaken by it every year. The director reports to the attorney general, who answers for the CPS in Parliament and makes appointments to the position, in the case of vacancy, on the recommendation of panels that include the Civil Service Commission. The current director is Max Hill KC. History ...
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Policing And Crime Act 2009
The Policing and Crime Act 2009 (c 26) is an Act of the Parliament of the United Kingdom. The Act makes provision about police reform, prostitution, sex offenders, sex establishments and certain other premises. It amends the law on aviation security, misuse, proceeds of crime, extradition and gang related violence. The legislation came about due to a number of recommendations in government reports seeking an increase in public accountability. This led to a green paper about policing in which ways in which policing could be improved were discussed, which in turn led to the creation of the Policing Pledge. This then became a Government Bill and was introduced to the House of Commons on 18 December 2008, passing to the House of Lords on 20 May 2009, gaining Royal Assent and becoming law on 12 November 2009. The Act has received a mixed reception, with improved police accountability being praised and the changes to sexual entertainment licenses and prostitution being criticised b ...
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Police And Criminal Evidence (Northern Ireland) Order 1989
The Police and Criminal Evidence (Northern Ireland) Order 1989 is a statutory instrument of the United Kingdom which instituted a legislative framework for the powers of police officers in Northern Ireland similar to the framework for the powers introduced in England and Wales by the Police and Criminal Evidence Act 1984 The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise .... Codes of criminal procedure Laws of Northern Ireland Statutory Instruments of the United Kingdom 1989 in British law 1989 in Northern Ireland {{NorthernIreland-stub ...
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Common Law
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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Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Northern Ireland shares an open border to the south and west with the Republic of Ireland. In 2021, its population was 1,903,100, making up about 27% of Ireland's population and about 3% of the UK's population. The Northern Ireland Assembly (colloquially referred to as Stormont after its location), established by the Northern Ireland Act 1998, holds responsibility for a range of devolved policy matters, while other areas are reserved for the UK Government. Northern Ireland cooperates with the Republic of Ireland in several areas. Northern Ireland was created in May 1921, when Ireland was partitioned by the Government of Ireland Act 1920, creating a devolved government for the six northeastern counties. As was intended, Northern Ireland ...
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Recordable Offence
A recordable offence is any offence in England and Wales where the police must keep records of convictions and offenders on the Police National Computer. Legislation The power for police to keep such records is contained in the National Police Records (Recordable Offences) Regulations 2000. This states that a 'crime recordable offence' is an offence which must be recorded as a conviction on the PNC. Recordable offences include any offence punishable by imprisonment, plus a number of non-imprisonable offences, such as: * nuisance communications (phone calls, letters) * tampering with motor vehicles * firearms, air weapons, knives * football offences * causing harm or danger to children * drunkenness * poaching * failing to provide a specimen of breath, and * taking a pedal cycle without owner's consent A full, lengthy, list of recordable offences is available, provided by ACPO as an Appendix to their Retention Guidelines for Nominal Records on the Police National Computer. Furt ...
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