Unduly Lenient Sentence
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Unduly Lenient Sentence
The Criminal Justice Act 1988 (c 33) is an Act of the Parliament of the United Kingdom. Title The title of this Act is: Unduly lenient sentences In England and Wales, the Act granted the Attorney General the power to refer sentences for certain offences to the Court of Appeal if the Attorney General feels that the sentence was unduly lenient, which is sometimes called the 'unduly lenient sentence scheme'. This provision entered into force in 1989, with its first application being in July of that year. The controversially-low sentences given to the rapists of Jill Saward was one impetus for the scheme, which was justified as ensuring that public trust in justice was maintained by correcting gross errors; in a 2022 answer to a question in parliament, the Government said that the scheme ensures that punishment is aligned with the severity of the crime and assures victims that "justice will be served". The Law Commission is reviewing the law around criminal appeals and the und ...
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Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ...
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Question In Parliament
A question time in a parliament occurs when members of the parliament ask questions of government ministers (including the prime minister), which they are obliged to answer. It usually occurs daily while parliament is sitting, though it can be cancelled in exceptional circumstances. Question time originated in the Westminster system of the United Kingdom, and occurs in other countries, mostly Commonwealth countries, who use the system. In practice, the questions asked in question time are usually pre-arranged by the organisers of each party; although the questions are usually without notice. Questions from government backbenchers are either intended to allow the Minister to discuss the virtues of government policy, or to attack the opposition. A typical format of such a government backbencher's question might be "Could the Minister discuss the benefits of the government's initiative on , and is the Minister aware of any alternative policies in this area?" Australia Question ti ...
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Halsbury's Statutes
''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measure currently in force in England and Wales (and to various extents in Scotland and Northern Ireland), as well as a number of private and local Acts, with detailed annotations to each section and Schedule of each Act. It incorporates the effects of new Acts of Parliament and secondary legislation into existing legislation to provide a consolidated "as amended" text of the current statute book. ''Halsbury's Statutes'' was created in 1929. The full title of this work was ''The Complete Statutes of England Classified and Annotated in Continuation of Halsbury’s Laws of England and for ready reference entitled Halsbury’s Statutes of England''. As indicated by the title, the new work was to be a companion to ''Halsbury’s Laws of England'' ...
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Criminal Justice Act
Criminal Justice Act (with its many variations) is a stock short title used for legislation in Canada, Malaysia, the Republic of Ireland and the United Kingdom relating to the criminal law (including both substantive and procedural aspects of that law). It tends to be used for Acts that do not have a single cohesive subject matter. The Bill for an Act with this short title will have been known as a Criminal Justice Bill during its passage through Parliament. Criminal Justice Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to the criminal law. It is not a term of art. See also Criminal Law Act and Criminal Law Amendment Act. List Canada *The Youth Criminal Justice Act (2002, c.1) Malaysia *The Criminal Justice Act 1953 Republic of Ireland *The Criminal Justice (Evidence) Act 1924 (No.37) *The Criminal Justice (Administration) Act 1924 (No.44) *The Criminal Justice Act 1951 (No.2) *The Criminal Justice Act 1960 (N ...
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Zombie Knife
A zombie knife (also known as a zombie killer knife or zombie slayer knife) is a type of ornate knife or bladed weapon inspired by zombie films. These knives can range in size and shape but are commonly defined as having a cutting edge, a serrated edge and images or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence. Despite being designed for collectors and survivalists, the appearance of zombie knives led to their increasing usage in criminality. In 2018 parts of the United Kingdom made possession of such knives illegal. History The first series of zombie themed knives were released in 2011 by American knife company KA-BAR after a company official joked about "the need of knives capable of killing a zombie when firearms aren't available". The original set of six knives named; Kharon, Acheron, Famine, War, Pestilence and Death featured distinct neon green handles and a bio-hazard symbol. Commenting on the company's Zombie Knif ...
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Firearms Act 1968
The Firearms Act 1968c 27 is a UK Act of Parliament, controlling use and possession of firearms. Since 1968, the act has been extensively amended. Following the Hungerford massacre, the Firearms (Amendment) Act 1988 extended the class of prohibited weapons. Following the Dunblane school massacre, two acts were passed, the Firearms (Amendment) Act 1997 and, after the general election that year, the Firearms (Amendment) (No. 2) Act 1997, which in effect banned almost all handguns. The Policing and Crime Act 2017 brought clarity to aspects of the act, following a recommendation from the Law Commission. Prohibited Firearms and Ammunition Section five of Part One of the Act states that a prohibited firearm is one which; *Fires more than one ammunition when the trigger is pressed *Is a self-loading or pump-action rifled gun except when chambered for .22 rim-fire cartridges; *Has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, except a ...
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Crossbows
A crossbow is a ranged weapon using an elastic launching device consisting of a bow-like assembly called a ''prod'', mounted horizontally on a main frame called a ''tiller'', which is hand-held in a similar fashion to the stock of a long firearm. Crossbows shoot arrow-like projectiles called '' bolts'' or ''quarrels''. A person who shoots crossbow is called a ''crossbowman'' or an '' arbalist'' (after the arbalest, a European crossbow variant used during the 12th century). Although crossbows and bows use the same launch principle, the difference is that an archer must maintain a bow's draw manually by pitching the bowstring with fingers, pulling it back with arm and back muscles and then holding that same form in order to aim (which distresses the body and demands significant physical strength and stamina); while a crossbow utilizes a locking mechanism to maintain the draw, limiting the shooter's exertion to only pulling the string into lock and then releasing the shot by d ...
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Statutory Instrument
In many countries, a statutory instrument is a form of delegated legislation. United Kingdom Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom. National government Statutory instruments (or 'regulations') are primarily governed by the Statutory Instruments Act 1946, which replaced the system of statutory rules and orders governed by the Rules Publication Act 1893. Following the 2016 EU membership referendum and the subsequent publication of the European Union (Withdrawal) Bill, there has been concern that its powers enabling ministers to issue statutory instruments under the bill may enable the government to bypass Parliament. Although this has been criticised by some as being undemocratic, draft regulations must be "laid before" Parliament, which may always demand a full debate on contentious issues.
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Offensive Weapon
An offensive weapon is a tool made, adapted or intended for the purpose of inflicting physical injury upon another person. Legality England and Wales Under England and Wales' Prevention of Crime Act 1953, Section 1(1) states it is an offence to carry an offensive weapon on or about the person while in a public place without a lawful authority or reasonable excuse. Prohibited weapons may include a knuckleduster, baton, hammer or knife. Both subsection 4 of this section and the Court of Appeals decision ''R v Simpson'' (1983) consider essentially three types of offensive weapon: # An offensive weapon per se i.e. one that is made for causing injury to the person # those adapted for such a purpose, e.g. a baseball bat with a nail embedded in it # items not made or adapted, but merely intended to be used as an offensive weapon even if they have some other legitimate use e.g. car keys held between the knuckles or a cup of bleach which is intended to be thrown in someone's face An offen ...
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Secretary Of State (United Kingdom)
His Majesty's principal secretaries of state, better known as secretaries of state, are senior ministers of the Crown in the Government of the United Kingdom. Secretaries of state head most major government departments and make up the majority of the Cabinet of the United Kingdom. There are currently 16 secretaries of state. They are all also currently members of Parliament elected to the House of Commons, although it is possible for them to be members of the House of Lords. Legal position Under the Ministerial and other Salaries Act 1975, a maximum of 21 secretaries of state can receive a salary. Legislation generally refers simply to "the secretary of state" without further elaboration. By virtue of the Interpretation Act 1978, this phrase means "one of His Majesty’s Principal Secretaries of State". Despite there only being one secretary of state in law, in practice, each secretary of state will perforce stay within their own portfolio. Secretaries of state, like other ...
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Either-way Offences
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 ...
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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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