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Assault With Intent To Resist Arrest
Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland. England and Wales This offence is created by section 38 of the Offences against the Person Act 1861 which provides: Repeals The words omitted in the first place were repealed by section 64(3) of, and Part I of Schedule 10 to, the Police Act 1964 and section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967. The words omitted at the end were repealed by section 1(2) of the Criminal Justice Act 1948. Lawful apprehension or detainer for any offence See R v Self, 9921 WLR 657, 9923 All ER 476, 95 Cr App R 42, 992Crim LR 572, CA. See arrest. Misdemeanour See the Criminal Law Act 1967. Visiting forces This offence is an offence against the person for the purposes of section 3 of the Visiting Forces Act 1952. Mode of trial This offence is triable either way. Sentence A person guilty of this offence is liab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resist Arrest
Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is criminally charged or taken to court. Brazil The Brazilian penal code states resistance to arrest is "opposition to the execution of a legal act, by means of violence or threat towards a competent official executing it, or to who is assisting them". The penalty is from 1 to 3 years of imprisonment. Any damage caused by the violence used shall also be charged to the offender. Canada The Criminal Code has two provisions covering resisting arrest. Section 129(a) makes it an offence for anyone who "resists or wilfully obstructs a public officer or peace officer in the execution of their duty or any person lawfully acting in aid of such an officer". Section 270(1) makes it an offence for anyone who "(a) assaults a public officer or peace officer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice (Public Order) Act, 1994
The Criminal Justice (Public Order) Act 1994 is legislation that covers public order offences in the Republic of Ireland. It is the main legislation on the matter of public order. It deals with how people behave in public places and provides for crowd control at public events. Gardaí have powers to arrest people without warrant for most offences under the act. In particular if a Garda suspects someone of committing a public order offence they may ask the person for their name and address and if the person refuses they can be arrested without warrant. Offences Intoxication in a public place Intoxication in a public place is an offence under section 4 of the act. If a Garda suspects a person of being intoxicated they can confiscate any intoxicating substance from them. The penalty is either a fixed charge of €100 or a maximum class E fine of €500 if the Gardaí decide to prosecute and there is a conviction. Disorderly conduct in a public place It is an offence to engage in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system. Criminal justice system Definition The criminal justice system consists of three main parts: #Law enforcement agencies, usually the police #Courts and accompanying prosecution and defence lawyers #Agencies for detaining and supervising offenders, such as prisons and probation agencies. In the criminal justice system, these distinct agencies operate together as the principal means of maintaining the rule of law within society. Law enforcement The first contact a defendant has with the criminal justice system is usually with the police (or ''law enforcement'') w ... [...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 referre ... [...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, some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, 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 ca ... [...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 consequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Either Way
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] |
Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters. See offence against the person and offence against property for the meaning of those terms. The Act is extended bsection 1(2)of, and thScheduleto the International Headquarters and Defence Organisations Act 1964. Extent The Act applies specifically to the forces of the countries (mostly members of the Commonwealth of Nations) listed in s.1(1)(a) (as amended from time to time) and additionally to the forces of any other country authorised by an Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin .... The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offence Against The Person
In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analysed by division into the following categories: *Fatal offences *Sexual offences *Non-fatal non-sexual offences They can be further analysed by division into: *Assaults *Injuries And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment). Offences against the person are usually taken to comprise: *Fatal offences **Murder **Manslaughter *Non-fatal non-sexual offences ** Assault, or common assault ** Battery, or common battery ** Wounding or wounding with intent ** Poisoning ** Assault occasioning actual bodily harm (and derivative offences) ** Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences) These crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 1948
The Criminal Justice Act 1948 () is an Act of the Parliament of the United Kingdom. Overview It is "one of the most important measures relating to the reform of the criminal law and its administration". It abolished: * penal servitude, hard labour and prison divisions for England and Wales (s.1). *state punishment of whipping there and in Scotland (s.2). * right of peers to be tried in the House of Lords (s.30). Criminal Justice Act 1948 Other substantive provisions still in force are: * s. 27, as amended by (in particular) the Children and Young Persons Act 1969, which provides for remand of defendants between 18 and 20 years old to remand centres, and s. 49, which regulates them; * s. 31 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
