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Criminal Costs
Criminal costs are financial penalties awarded against convicted criminals, in addition to the sentence they receive, in recognition of the costs of the court in bringing the prosecution. England and Wales A magistrates' court or the Crown Court may award such costs as are "just and reasonable" against an offender. Usually, these are much less than the full economic cost of the prosecution as the court must consider the offender's ability to pay. An exception is the specific case of health and safety prosecutions where the court will award the totality of prosecution costs against the offender. Where an offender was allowed legal aid for his defence, the Crown Court may make a Recovery of Defence Costs Order that he repay all or part of his defence costs. An acquitted defendant will usually be allowed a Defendant's Costs Order to pay for his defence unless there are special circumstances such as his having acted in such an unreasonable manner as to bring suspicion on himself.Spr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States. Legal aid is essential to guaranteeing equal access to justice for all, as provided for by Article 6.3 of the European Convention on Human Rights regarding criminal law cases. Especially for citizens who do not have sufficient financial means, the provision of legal aid to clients by governments increases the likelihood, within court proceedings, of being assisted by legal professionals for free or at a lower cost, or of receiving financial aid. A number of delivery models for legal aid have emerged, including duty lawyers, community legal clinic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Consequences Of Criminal Conviction
Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to a criminal conviction. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction. In some jurisdictions, a judge, finding a defendant guilty of a crime, can order that no conviction be recorded, thereby relieving the person of the collateral consequences of a criminal conviction. Introduction If a defendant is found guilty of a crime or pleads guilty, the judge or other sentencing authority imposes a sentence. A sentence can take a number of forms, such as loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these sentences are referred to as direct consequences – those intended by the judge, and frequently mandated at least in part by an appli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Access To Justice Act 1999
The Access to Justice Act 1999 is an Act of the Parliament of the United Kingdom. It replaced the legal aid system in England and Wales. It created the Legal Services Commission, replacing the Legal Aid Board, and two new schemes: Community Legal Service to fund civil and family cases, and the Criminal Defence Service for criminal cases. The Act put a cap on the amount spent on civil legal aid. The use of conditional fee agreements, commonly known as "no-win no-fee", was extended to most civil court cases. Rights of appeal Section 54 of the Act both creates and limits rights of appeal. One effect of this, as set out in the UK Supreme Court Practice Direction 1 is "The most important general restriction on rights of appeal is section 54(4) of the Access to Justice Act 1999. The effect of this provision is that the Supreme Court may not entertain any appeal against an order of the Court of Appeal refusing permission for an appeal to the Court of Appeal from a lower court." This acc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defence (law)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Health And Safety Crime In The United Kingdom
In the United Kingdom there are several crimes that arise from failure to take care of health, safety and welfare at work. Offences under the Health and Safety at Work etc. Act 1974 All offences under the Act are triable summarily in a magistrates' court. However, some offences are triable on indictment in the Crown Court by judge and jury. If the magistrates feel that the offence is so serious as to exceed their sentencing powers, they can send it to the Crown Court for trial of for sentencing. The accused has a right to opt for Crown Court trial. Some other offences are only summarily triable. Either an individual or a corporation can be punished A corporation cannot be imprisoned, though an individual manager could be convicted if guilty of an offence. The statutory offences and maximum penalties are: Further, for offences triable on indictment, up to two years' imprisonment may be imposed on a guilty individual where there is (s.33(4)): *Failure to operate with a licens ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Economic Cost
Economic cost is the combination of losses of any goods that have a value attached to them by any one individual. Economic cost is used mainly by economists as means to compare the prudence of one course of action with that of another. The comparison includes the gains and losses precluded by taking a course of action as well as those of the course taken itself. Economic cost differs from accounting cost because it includes opportunity cost. (Some sources refer to accounting cost as ''explicit cost'' and opportunity cost as ''implicit cost''.) Aspects of economic costs *Variable cost: Variable costs are the costs paid to the variable input. Inputs include labor, capital, materials, power and land and buildings. Variable inputs are inputs whose use vary with output. Conventionally the variable input is assumed to be labor. ** Total variable cost (TVC) is the same as variable costs. *Fixed cost (TFC) are the costs of the fixed assets those that do not vary with production. **Total ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecution Of Offences Act 1985
The Prosecution of Offences Act 1985 (c. 23) was an Act of Parliament in the United Kingdom. Its main effects were to establish the Crown Prosecution Service (CPS), to transfer the responsibility of prosecution of offences from the police to the CPS, and to codify the prosecution process. References External linksText of the Act as in force today(including any amendments) within the United Kingdom, from legislation.gov.uk legislation.gov.uk, formerly known as the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force since 1267 and a .... United Kingdom Acts of Parliament 1985 Acts of the Parliament of the United Kingdom concerning England and Wales {{UK-statute-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
