|
Expunged
In the common law legal systems of the world, legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be Record sealing, sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to be "expunged". ''Black's Law Dictionary'' defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil law (common law), civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged. A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code (Canada)
The ''Criminal Code'' () is a law of the Parliament of Canada that codifies most, but not all, criminal offences and criminal procedure in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ). It is indexed in the Revised Statutes of Canada, 1985 as chapter number C-46 and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the '' Constitution Act, 1867'' establishes that the Parliament of Canada has sole jurisdiction over criminal law. Accordingly, the Criminal Code applies to the entirety of the country, meaning that in Canada, all crimes which are defined under the Criminal Code are federal crimes and can be prosecuted anywhere they occur in or out of the country. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the '' Firearms Act'', the '' Controlled Drugs and Substances Act'', the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles B
Charles is a masculine given name predominantly found in English and French speaking countries. It is from the French form ''Charles'' of the Proto-Germanic name (in runic alphabet) or ''*karilaz'' (in Latin alphabet), whose meaning was "free man". The Old English descendant of this word was '' Ċearl'' or ''Ċeorl'', as the name of King Cearl of Mercia, that disappeared after the Norman conquest of England. The name was notably borne by Charlemagne (Charles the Great), and was at the time Latinized as ''Karolus'' (as in ''Vita Karoli Magni''), later also as '' Carolus''. Etymology The name's etymology is a Common Germanic noun ''*karilaz'' meaning "free man", which survives in English as churl (James (wikt:Appendix:Proto-Indo-European/ǵerh₂-">ĝer-, where the ĝ is a palatal consonant, meaning "to rub; to be old; grain." An old man has been worn away and is now grey with age. In some Slavic languages, the name ''Drago (given name), Drago'' (and variants: ''Dragom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presidential Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be viewed as a tool to overcome miscarriage of justice, allowing a grant of freedom to someone who is believed to be wrongly convicted or subjected to an excessive penalty. The second-best theory of pardons views pardons as second-best to fair justice. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Offences Act 1956
The Sexual Offences Act 1956 (4 & 5 Eliz. 2. c. 69) is an Act of Parliament, Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed (from 1 May 2004) by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act also added a new section 33A. These sections create offences to deal with brothels. Although the rest of the Act has been repealed, the repealed sections still apply to sex crimes committed before the repeal, such as in the Pitcairn sexual assault trial of 2004. The act today Sections 33, 34, 35 and 36 create summary offences. Section 33A creates an aggravated version of the offence in section 33, and is an Hybrid offence, indictable offence. Section 37 prescribes the penalties. Sections 33 and 33A Section 33 reads: Section 33A reads: The difference between these offences arises because the definition of a brothel in Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protection Of Freedoms Act 2012
The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesday, 1 May 2012, the Protection of Freedoms Bill completed its passage through Parliament and received royal assent. History The concept developed from the Great Repeal Bill proposed in 2008 by Conservative Party representatives Douglas Carswell MP and Daniel Hannan MEP as part of a radical "Twelve months to renew Britain". Following the 2010 general election, the Conservatives and Liberal Democrats formed a coalition government whose agreed programme initially promised a Freedom (Great Repeal) Bill or "a Freedom or Great Repeal Bill", "Freedom" being the Liberal Democrats' preferred title, "Great Repeal" the Conservatives'. The ensuing Queen's Speech referred to "A Freedom or Great Repeal Bill" which: The programme was later ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police National Computer
The Police National Computer (PNC) is a database used by law enforcement organisations across the United Kingdom and other non-law enforcement agencies. Originally developed in the early 1970s, PNC1 went 'live' in 1974, providing UK police forces with online access to the lost/stolen vehicle database. The vehicle owners application quickly followed, giving the police online access to the names/addresses of every vehicle owner in the UK. The Police National Computer started holding nominal information based on the computerisation of criminal records held by the Metropolitan Police and other police forces in the late 1970s. These CRO records could be accessed online in real-time by all UK police forces via the "Names" applications. The PNC now consists of several databases available 24 hours a day, giving access to information of national and local matters. As of 18 January 2021, Kit Malthouse said that there are 13 million person records, 58.5 million driver records, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admissible Evidence
Admissible evidence, in a court of law, is any Testimony, testimonial, Documentary evidence, documentary, or tangible evidence (law), evidence that may be introduced to a Trier of fact, factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevance (law), relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly Prejudice (legal term), prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the Law of the United States, United States and, to an extent, Australian legal system, Australia) proscribe the prosecution from exploiting evidence False evidence, obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This law of evidence, rule of eviden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disclosure Scotland
Disclosure Scotland () is an executive agency of the Scottish Government, providing criminal records disclosure services for employers and voluntary sector organisations. Disclosure Scotland currently offers a range of products, starting with Basic Disclosures but continuing on to Standard and Enhanced checks (so called 'police act disclosures') and the PVG Scheme, operated under the Protection of Vulnerable Groups (Scotland) Act 2007. New legislation, passed in 2020, will significantly reform state disclosure in Scotland. Any person can apply for a ''Basic Disclosure'' in their own name: this is a document listing the person's ''unspent convictions'' under the terms of the Rehabilitation of Offenders Act 1974 The Rehabilitation of Offenders Act 1974 (c. 53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively .... Standard and E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disclosure And Barring Service
The Disclosure and Barring Service (DBS) is a non-departmental public body of the Home Office of the United Kingdom. The DBS enables organisations in the public, private and voluntary sectors to make safer recruitment decisions by identifying candidates who may be unsuitable for certain work, especially involving children or vulnerable adults, and provides wider access to criminal record information through its disclosure service for England and Wales. Legal context It is a legal requirement in the UK for regulated activity employers to notify the DBS if a person leaves or changes their job in relation to having harmed someone. It is an offence for any person who has been barred by the DBS to work or apply to work in Regulated Activity (whether paid or voluntary) with the group (children or adults) from which they are barred. It is also an offence for an employer to knowingly employ a barred person in regulated activity with the group from which they are barred. An organisat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rehabilitation Of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 (c. 53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings. A conviction for the purposes of the ROA includes a conviction issued outside Great Britain (see s1(4) of the 1974 Act) and therefore foreign convictions are eligible to receive the protection of the ROA. Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (section 139), the act as it applies in England and Wales was updated to provide new rehabilitation periods – with mos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The UK includes the island of Great Britain, the north-eastern part of the island of Ireland, and most of List of islands of the United Kingdom, the smaller islands within the British Isles, covering . Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the UK is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. It maintains sovereignty over the British Overseas Territories, which are located across various oceans and seas globally. The UK had an estimated population of over 68.2 million people in 2023. The capital and largest city of both England and the UK is London. The cities o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
