Right To Silence In England And Wales
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Right To Silence In England And Wales
The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more criminal offences and consequently thus potentially being subject to criminal proceedings. History In England and Wales, the right of suspects to refuse to answer questions during their actual trial (the "right to silence", or the right to remain silent as it is now known) was well established at common law from the 17th century. The defendant was considered "incompetent" to give evidence and attempts to force defendants to provide answers, such as the efforts of the Star Chamber, were judged unlawful. Being unable to speak at their own trial, the practice of defendants giving an unsworn statement was introduced and was recognised in ...
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Criminal Proceedings
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights ...
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Welsh Language
Welsh ( or ) is a Celtic language family, Celtic language of the Brittonic languages, Brittonic subgroup that is native to the Welsh people. Welsh is spoken natively in Wales, by some in England, and in Y Wladfa (the Welsh colony in Chubut Province, Argentina). Historically, it has also been known in English as "British", "Cambrian", "Cambric" and "Cymric". The Welsh Language (Wales) Measure 2011 gave the Welsh language official status in Wales. Both the Welsh and English languages are ''de jure'' official languages of the Welsh Parliament, the Senedd. According to the 2021 United Kingdom census, 2021 census, the Welsh-speaking population of Wales aged three or older was 17.8% (538,300 people) and nearly three quarters of the population in Wales said they had no Welsh language skills. Other estimates suggest that 29.7% (899,500) of people aged three or older in Wales could speak Welsh in June 2022. Almost half of all Welsh speakers consider themselves fluent Welsh speakers ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ...
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Police Reform Act 2002
The Police Reform Act 2002 (c.30) is an Act of the Parliament of the United Kingdom. Amongst the provisions of the Act are the creation of the role of Police Community Support Officers, who have some police powers whilst not being 'sworn' constables, and the ability for chief constables to confer a more limited range of police powers on other (non-sworn) individuals as part of Community Safety Accreditation Schemes. The Act also replaced the Police Complaints Authority with the Independent Police Complaints Commission (later replaced by the Independent Office for Police Conduct). Section 59 Section 59 of the Act is a common tool now used by police constables and police community support officers (PCSOs) to seize vehicles being used in an anti-social manner. Vehicles can be seized if the police officer / PCSO reasonably believes that a mechanically propelled vehicle is being used in a manner: *causing, or likely to cause alarm, distress or annoyance to the public, *and: **cont ...
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Road Traffic Act 1988
The Road Traffic Act 1988 (c. 52) is an Act of the Parliament of the United Kingdom, concerning licensing of vehicles, insurance and road regulation. Contents Part I contains a number of traffic offences including causing death by dangerous driving, driving under the influence of alcohol or drugs (including police powers to arrest, administer tests, etc.), as well as requirements to wear seat belts and motorcycle helmets. Part II is concerned with regulating the construction and use of motor vehicles, and includes powers to test, inspect and prohibit vehicles that do not meet standards. Part III sets out the law on driving tests, the requirements for issuing driving licences, and the process for disqualifying drivers. Part IV deals with the licences required for driving large goods vehicles and passenger-carrying vehicles (buses and coaches). Part V concerns the registration, licensing and examination of driving instructors. Part VI contains provisions concerning compulsor ...
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Encrypted
In cryptography, encryption is the process of encoding information. This process converts the original representation of the information, known as plaintext, into an alternative form known as ciphertext. Ideally, only authorized parties can decipher a ciphertext back to plaintext and access the original information. Encryption does not itself prevent interference but denies the intelligible content to a would-be interceptor. For technical reasons, an encryption scheme usually uses a pseudo-random encryption key generated by an algorithm. It is possible to decrypt the message without possessing the key but, for a well-designed encryption scheme, considerable computational resources and skills are required. An authorized recipient can easily decrypt the message with the key provided by the originator to recipients but not to unauthorized users. Historically, various forms of encryption have been used to aid in cryptography. Early encryption techniques were often used in military ...
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Regulation Of Investigatory Powers Act
The Regulation of Investigatory Powers Act 2000 ( c.23) (RIP or RIPA) is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications. It was introduced by the Tony Blair Labour government ostensibly to take account of technological change such as the growth of the Internet and strong encryption. The Regulation of Investigatory Powers (RIP) Bill was introduced in the House of Commons on 9 February 2000 and completed its Parliamentary passage on 26 July. Following a public consultation and Parliamentary debate, Parliament approved new additions in December 2003, April 2005, July 2006 and February 2010. A draft bill was put before Parliament during 4 November 2015. Summary RIPA regulates the manner in which certain public bodies may conduct surveillance and access a person's electronic communications. The Act: * enables certain public bodies to demand that ...
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O'Halloran And Francis V
O'Halloran is the surname of the ultimate and at least two distinct Gaelic- Irish families, one in County Galway and another in south-east County Clare linked to the Dál gCais. On occasions it is translated as ''"stranger" or "from across the sea".'' The name states that this family were "importers" and were the lords, and dominant sept of Clan Fergail ( Clann Fhearghaile). In the twelfth century the O'Hallorans were chiefs of twenty-four town lands of the ''túath'' of Clan Fergail. These lay east to the river of ''Galmith'' (or "Galway"). In the 13th century the O'Hallorans were dispossessed of their ancient inheritance of Clan Fergail by the " De Burgos" (Burke) invaders. The O'Hallorans and the O'Flahertys were obliged to emigrate to Iar (west) Connaught, where they built the castle of O'Hery. The motto of the Galway family is ''Clann Fearghaile Abú'', which comes from their dynastic name. Name Variations include: O'Halleron, O'Hollearn, Halloran, Holloran, Hollern, Hal ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Judicial Studies Board
The Judicial College, formerly the Judicial Studies Board (JSB), established in 1979, is the organisation responsible for training judges in county, the Crown, and higher courts in England and Wales and tribunals judges in England & Wales, Scotland and Northern Ireland. This includes the training of magistrates and the chairmen and members of tribunals. The current chairman is Lady Justice Anne Rafferty, DBE. The name changed from Judicial Studies Board to Judicial College on 1 April 2011. An essential element of the philosophy of the Judicial College is that the training of judges and magistrates is under judicial control and direction. A circuit judge, currently Andrew Hatton, is seconded to the Judicial College as Director of Training for Courts. Employment Judge Christa Christensen is seconded as the Director of Training for Tribunals. They are also the Joint Deans of the Faculty of the Judicial College. Roberts, a legally-trained criminologist who studies forensic science, ...
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Criminal Law Review
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ...
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All England Law Reports
The All England Law Reports (abbreviated in citations to All ER) are a long-running series of law reports covering cases from the court system in England and Wales. Established in 1936, the All England Law Reports are a commercially produced alternative to the "official" reports produced by the Incorporated Council of Law Reporting (under the title The Law Reports). The reports encompass judgments with headnotes and catchwords from the House of Lords, both divisions of the Court of Appeal and all divisions of the High Court. The series contains cross-references and hypertext links to both other ''All England'' cases and legislation cited in the Report. The All England reports are published by LexisNexis Butterworths LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer informa .... A second s ...
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