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Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in Ireland and South Australia, but replaced with a similar offence. Australia Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". Australian Capital Territory The offence is created by section 24(1) of the Crimes Act 1900. New South Wales The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). South Australia Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below). Hong Kong The offen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divisional Court (England And Wales)
A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges.Section 66, Senior Courts Act 1981. Matters heard by a divisional court include some criminal cases in the High Court (including appeals from magistrates' courts and in extradition proceedings) as well as certain judicial review cases. Although often referred to in practice as ''the'' Divisional Court, a divisional court is in fact not a separate court or division of the High Court but essentially refers to the number of judges sitting. Usually a divisional court sits with two judges but occasionally the bench comprises three judges. The best known divisional court is that of the Administrative Court, which is a specialist court in the King's Bench Division which deals with judicial review claims, some criminal appeals (including by case stated) and writs of ''habeas corpus''. There are also divisional courts of the Family and Chancery Divisions to de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offences Against The Person Act 1861
The Offences against the Person Act 1861 ( 24 & 25 Vict. c. 100) is an act of the Parliament of the United Kingdom that consolidated provisions related to offences against the person (an expression which, in particular, includes offences of violence) from a number of earlier statutes into a single act. For the most part these provisions were, according to the draftsman of the act, incorporated with little or no variation in their phraseology. It is one of a group of acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828 ( 9 Geo. 4. c. 31) (and the equivalent Irish Act), incorporating subsequent statutes. Although it has been substantially amended, it continues to be the foundation for prosecuting personal injury, short of murder, in the courts of England and Wales. The act was also adopted in B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Assault
Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988. Statute Section 39 of the Criminal Justice Act 1988 provides: On 13 September 2018, the Assaults on Emergency Workers (Offences) Act 2018 received Royal Assent. This added a subsection which states any common assault or battery on an emergency worker (as defined in the Act) is triable either way and subject to a maximum of 12 months' imprisonment if tried on indictment. Ingredients of the offence Section 39 of the Criminal Justice Act 1988 does not contain a definition of the expression "common assault" that appears there. What the offence actually consists of must be determined by reference to case law. A person commits an assault if he performs an act (which does not for this ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he was three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Times
''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (founded in 1821), are published by Times Media, since 1981 a subsidiary of News UK, in turn wholly owned by News Corp. ''The Times'' and ''The Sunday Times'' were founded independently and have had common ownership only since 1966. It is considered a newspaper of record in the UK. ''The Times'' was the first newspaper to bear that name, inspiring numerous other papers around the world. In countries where these other titles are popular, the newspaper is often referred to as or , although the newspaper is of national scope and distribution. ''The Times'' had an average daily circulation of 365,880 in March 2020; in the same period, ''The Sunday Times'' had an average weekly circulation of 647,622. The two ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Lane
Geoffrey Dawson Lane, Baron Lane, (17 July 1918 – 22 August 2005) was a British barrister and judge who served as Lord Chief Justice of England from 1980 to 1992, having previously served as a Lord of Appeal in Ordinary from 1977 until 1980. The son of a bank manager, Lane was educated at Shrewsbury School and Trinity College, Cambridge. During the Second World War, he served as a pilot in the Royal Air Force, for which he received the Air Force Cross. Called to the English bar in 1946, he practiced with great success, prosecuted in several high-profile criminal cases, and took silk in 1962. He was appointed to the High Court in 1969, sitting in the Queen's Bench Division, was promoted to the Court of Appeal in 1974 and to the House of Lords in 1977. The next year, after only six months in office, he was appointed Lord Chief Justice of England, serving until his retirement in 1992. A private man, Lane never gave interviews and kept a low public profile until his death in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, Judiciary, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual Evidence (law), evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a Discretionary review, discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Act 1964
The Police Act 1964 (c. 48) was an act of the Parliament of the United Kingdom that updated the legislation governing police forces in England and Wales, constituted new police authorities, gave the Home Secretary new powers to supervise local constabularies, and allowed for the amalgamation of existing forces into more efficient units. Royal Commission A Royal Commission on the Police had been appointed in 1960 under the chairmanship of Henry Willink to ''"review the constitutional position of the police throughout Great Britain".'' The appointment of the commission followed two high-profile scandals involving borough police forces. These exposed problems in the relationship between the chief constable and watch committee of each borough, and disputes between central and local government over the control of local forces. In 1958, following a trial into police corruption in Brighton, the presiding judge stated that the judiciary could have no faith in police evidence unti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fagan V Metropolitan Police Commissioner
''Fagan v Metropolitan Police Commissioner'' is a leading case that confirms the need for concurrence (or coincidence) of ''actus reus'' (Latin for "guilty act") and ''mens rea'' (Latin for "guilty mind") in most offences of the criminal law of England and Wales. It also advises realisation that a battery is ongoing will render the omission to act to remove that battery being inflicted a conscious battery, being sufficient ''concurrence''. Facts The defendant, Mr. Fagan, was in his car when a police officer approached him and told him to move his car. In accordance with the directions, Fagan backed his car up, accidentally rolling it onto the foot of the officer. When the officer yelled at him to move his car off his foot, he cursed back at him, told him to wait, and refused to move, which was an act of defiance. At trial, Fagan was convicted of "Assaulting a constable in execution of his duties". Fagan appealed on the grounds that there can be no offence in omitting to act a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Archbold Criminal Pleading, Evidence And Practice
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is a leading practitioners' text book for the practice of criminal law in the Crown Court of England and Wales. It is also referred to and used in several other common law jurisdictions around the world. ''Archbold'' has been in publication since 1822, when it was first written by John Frederick Archbold. It 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 solicitors, barristers, King's Counsel and judges. Editors Related publications A separate work, '' Archbold Magistrates' Courts Criminal Practice'' (usually called simply ''Archbold Magistrates'') covers the criminal jurisdiction of magistrates' courts and youth courts of England and Wales. It also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by American common law as "any unlawful and/or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the offen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
