Removing Article From Place Open To The Public
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Removing Article From Place Open To The Public
Removing article from place open to the public is a statutory offence in England and Wales and Northern Ireland. England and Wales This offence is created by section 11(1) of the Theft Act 1968. Sections 11(1) to (3) of that Act read: The following cases are relevant: *R v Durkin 9731 QB 786, 57 Cr App R 637, 9732 All ER 872, 973Crim LR 372, CA *R v Barr 978Crim LR 244 Section 11(3) Edward Griew said that section 11(3) corresponds to sections 2(1)(a) and (b) (as to which, see dishonesty). Visiting forces This offence is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952. Mode of trial and sentence This offence is triable either way. A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. "The Goya clause" The clause of the The ...
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Archbold Criminal Pleading, Evidence And Practice
''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'' covers the magistrates' courts.Sweet & MaxwellArchbold Magistrates' Courts Criminal Practice 2023 accessed 25 November 2022 Archbold Magistrates' Courts Criminal Pract ...
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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 ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Crimes
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 ...
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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 th ...
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Criminal Justice (Northern Ireland) Order 1986
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 ...
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Magistrates' Courts (Northern Ireland) Order 1981
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Court of Jersey * Magistrates' court (Hong Kong) * Magistrate's courts of Israel * Magistrate's court (South Africa) * District Court (New Zealand), replaced magistrate's courts in 1980 * District Court (Ireland), the main court of summary jurisdiction in Ireland * Magistrate's court (Russia) * Magistrate's court (Sri Lanka) Australian courts * Magistrates Court of the Australian Capital Territory * Magistrates court (Northern Territory) * Magistrates Court of Queensland * Magistrates Court of South Australia * Magistrates Court of Tasmania * Magistrates' Court of Victoria * Magistrates Court of Western Australia * Local Court of New South Wales * Federal Circuit Court of Australia (initially the Federal Magistrate's Court of Australia. Th ...
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Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, ...
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Theft Act (Northern Ireland) 1969
The Theft Act (Northern Ireland) 1969 (c 16) is an Act of the Parliament of Northern Ireland. It makes criminal law provisions for Northern Ireland similar to those made in England and Wales by the Theft Act 1968. Section 1 - Theft This section creates the offence of theft. Section 8 - Robbery This section creates the offence of robbery. Section 9 - Burglary This section creates the offence of burglary. Section 10 - Aggravated burglary This section creates the offence of aggravated burglary. Section 11 - Removal of articles from places open to the public This section creates the offence of removing article from place open to the public. Section 13 - Abstracting of electricity This section creates the offence of abstracting electricity. Section 15 - Obtaining property by deception This section is repealed. It created the offence of obtaining property by deception. Section 15A - Obtaining a money transfer by deception This section is repealed. It created the offence of obtai ...
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National Gallery, London
The National Gallery is an art museum in Trafalgar Square in the City of Westminster, in Central London, England. Founded in 1824, it houses a collection of over 2,300 paintings dating from the mid-13th century to 1900. The current Director of the National Gallery is Gabriele Finaldi. The National Gallery is an exempt charity, and a non-departmental public body of the Department for Digital, Culture, Media and Sport. Its collection belongs to the government on behalf of the British public, and entry to the main collection is free of charge. Unlike comparable museums in continental Europe, the National Gallery was not formed by nationalising an existing royal or princely art collection. It came into being when the British government bought 38 paintings from the heirs of John Julius Angerstein in 1824. After that initial purchase, the Gallery was shaped mainly by its early directors, especially Charles Lock Eastlake, and by private donations, which now account for two-thirds ...
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Portrait Of The Duke Of Wellington (Goya)
The ''Portrait of the Duke of Wellington'' is a painting by the Spanish artist Francisco de Goya of the British general Arthur Wellesley, 1st Duke of Wellington, during the latter's service in the Peninsular War. One of three portraits Goya painted of Wellington, it was begun in August 1812 after the subject's entry into Madrid, showing him as an earl in an all-red uniform and wearing the Peninsular Medal. The artist then modified it in 1814 to show him in full dress uniform with black gold–braided lapels and to add the Order of the Golden Fleece and Military Gold Cross with three clasps (both of which Wellington had been awarded in the interim). Description The painting was probably made from life, at sittings in Madrid, and painted in oils on a mahogany panel. Although a successful general, the Wellington depicted by Goya is tired from the long campaigning, having won a victory at the Battle of Salamanca on 22 July 1812 before triumphantly entering Madrid on 12 August 1812. T ...
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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 ...
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