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False Accounting
False accounting is a legal term for a type of fraud, considered a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland. England and Wales This offence is created by section 17 of the Theft Act 1968 which provides: Section 17 replaces sections 82 and 83 of the Larceny Act 1861 and the Falsification of Accounts Act 1875. The words "dishonestly with a view to gain for himself or another or with intent to cause loss to another" are substituted in section 17 for the words "intent to defraud" in the former provisions. ;"Dishonestly" See Dishonesty. "Gain" and "loss" "Gain" and "loss" are defined bsection 34(2)(a)of the Theft Act 1968. ;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 seven years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed su ...
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Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ...
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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 referred ...
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Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ...
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Criminal Justice Act 2011
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 ...
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Criminal Justice (Theft And Fraud Offences) Act 2001
The Criminal Justice (Theft and Fraud Offences) Act, 2001 (No. 50 of 2001) updates and consolidates the law relating to dishonesty and fraud in the Republic of Ireland. The main sections of the statute include: *Theft and Related Offences *Making gain or causing loss by deception * Making off without payment *Unlawful use of computer *False accounting *Suppression of documents *Burglary *Robbery *Possession of certain articles * Handling Stolen Property and other Proceeds of Crime *Forgery *Counterfeiting See also *Garda Bureau of Fraud Investigation The Garda National Economic Crime Bureau (GNECB; formerly Garda Bureau of Fraud Investigation/GBFI) – informally known as the ''Fraud Squad'' – is a specialised division of Ireland's national police force, the Garda Síochána, that investig ... (GBFI) * Criminal Justice Act Republic of Ireland * Deception (criminal law) Republic of Ireland * Michael Fahy Misappropriation conviction References {{Reflist External links ...
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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 the mo ...
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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 Australi ...
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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, N ...
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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 o ...
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Criminal Justice Act 1993
The Criminal Justice Act 1993c 36 is a United Kingdom Act of Parliament that set out new rules regarding drug trafficking, proceeds and profit of crime, financing of terrorism and insider dealing. Overview Section 52 creates an offence of insider dealing, or using private information to trade in shares or securities when the same information is not yet available to the public. Case law *''Patel v Mirza'' 016UKSC 42, on the illegality principle, and right to recover money paid even though it was to be used for insider dealing, contrary to section 52 See also *Criminal Justice Act - other acts with similar titles *English criminal law *UK company law The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary lega ... Notes {{Reflist, 2 External linksOriginal text on OPSI
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Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom.Section 3provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters. See offence against the person and offence against property for the meaning of those terms. The Act is extended bsection 1(2)of, and thScheduleto the International Headquarters and Defence Organisations Act 1964. Extent The Act applies specifically to the forces of the countries (mostly members of the Commonwealth of Nations) listed in s.1(1)(a) (as amended from time to time) and additionally to the forces of any other country authorised by an Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' K .... ...
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