Theft Act 1968
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Pamela Darroux V the Crown
Page 1 Pamela Darroux v The Crown Case No: 2016/03297/B1 Court of Appeal (Criminal Division) 4 May 2018 [2018] EWCA Crim 1009 2018 WL 02065566 Before: Lord Justice Davis Mr Justice King and Mrs Justice Cheema-Grubb DBE Date: 04/05/2018 On Appeal from Crown Court at Wood Green Hearing date: 13 April 2018 Representation Laurie-Anne Power for the Appellant. Christiaan Moll for the Respondent. Approved Judgment Lord Justice Davis: Introduction 1 In Blackstone's Criminal Practice (18th ed.) at paragraph B4.48 the following is stated: "Where an alleged theft involves a thing in action such as the credit balance in V's bank account, or the right to payment on a cheque, it can sometimes be particularly difficult to identify the crucial act of appropriation, even where it seems clear that D has dishonestly enriched himself at V's expense. In most such cases, the prosecution would be well advised to use charges other than theft…" 2 These are wise words. But unfortunately this was not a course followed in this case. In circumstances where the charges could readily and appropriately have been framed by reference to s. 1 of the Fraud Act 2006 (this case being virtually a paradigm example of fraud by false representation within the ambit of s. 2 of that Act) the charges were all framed by reference to s. 1 of the Theft Act 1968 . 3 The consequence has been, in the light of the appellant's conviction, an appeal to this court of a kind which much engaged the courts (and academic commentators) in years gone by: a consequence which the Fraud Act 2006 had in truth been designed to counter. -
Legislating the Criminal Code: Misuse of Trade Secrets
PART I INTRODUCTION THE BACKGROUND TO THIS CONSULTATION PAPER 1.1 This consultation paper is concerned with the issue of whether there should be criminal liability for the deliberate misuse of the trade secrets of another. As we shall show,1 the misuse of trade secrets cannot found a charge of theft. There has been much criticism of this. For example, a distinguished parliamentarian2 complained that “It is not too much to say that we live in a country where … the theft of the board room table is punished far more severely than the theft of the board room secrets”.3 Professor Glanville Williams wrote: It is absurd and disgraceful that we should still be making do without any legislation specifically designed to discourage this modern form of commercial piracy. Abstracting or divulging an official secret is an offence under the Official Secrets Act 1911, sections 1 and 2; but Leviathan is not much concerned to protect the secret and immensely 4 valuable know-how of its subjects. [RJH1] 1.2 We have also become increasingly conscious that many other jurisdictions, by contrast, extend the protection of the criminal law to the misuse of confidential business information.5 It is noteworthy, in particular, that the majority of the American states and a number of European countries, including France and Germany, provide criminal sanctions against the abuse of trade secrets; and a number of people advocate similar legislation in this country. 1.3 In our working paper on conspiracy to defraud,6 we considered whether to propose any new offence of taking confidential information by dishonest means, or an extension of any existing offence or offences in that area. -
CORRUPTION LAWS a Non-Lawyers’ Guide to Laws and Offences in the UK Relating to Corrupt Behaviour
CORRUPTION LAWS A non-lawyers’ guide to laws and offences in the UK relating to corrupt behaviour Transparency International (TI) is the world’s leading non- governmental anti-corruption organisation. With more than 100 chapters worldwide, TI has extensive global expertise and understanding of corruption. Transparency International UK (TI-UK) is the UK chapter of TI. We raise awareness about corruption; advocate legal and regulatory reform at national and international levels; design practical tools for institutions, individuals and companies wishing to combat corruption; and act as a leading centre of anti-corruption expertise in the UK. Acknowledgements: we would like to thank those who have supported and advised us in producing this publication, including Jeremy Coleman, Andrew Sheftel and Sam Eastwood of Norton Rose Fulbright, Michael Bowes QC, Brooks Hickman, Transparency International UK’s Jameela Raymond, Michael Petkov, Steve Goodrich, Ben Wheatland and Kevin Bridgewater, and Peters & Peters. Authors: Nick Maxwell and Ben Cowdock Editor: Robert Barrington Design: Philip Jones © 2016 Transparency International UK. All rights reserved. Reproduction in whole or in parts is permitted, providing that full credit is given to Transparency International UK (TI-UK) and provided that any such reproduction, in whole or in parts, is not sold or incorporated in works that are sold. Written permission must be sought from Transparency International UK if any such reproduction would adapt or modify the original content. Published May 2016. ISBN: 978-1-910778-54-8 © Cover photo: iStock.com/MWelsh Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of May 2016. -
Scrap the Act: the Case for Repealing the Vagrancy Act (1824)
Scrap the Act: The case for repealing the Vagrancy Act (1824) This campaign is supported by: ii Scrap the Act: The case for repealing the Vagrancy Act (1824) iii Author Acknowledgements Nick Morris works in the Policy and External Affairs The views in this report are those of Crisis only but in the course of writing directorate at Crisis. it we benefited from valued contributions: • The Crisis project team: Matt Downie, Rosie Downes, Martine Martin, Simon Trevethick, Cuchulainn Sutton-Hamilton, and Nick Morris; and our colleague Lily Holman-Brant for helping produce this report. • George Olney from Crisis for providing the stories told to him by people on the street who were affected by the Act and directors from the Crisis Skylight services across England and Wales who shared their contacts and stories. • Campaign partners Homeless Link, St Mungo’s, Centrepoint, Cymorth Cymru, The Wallich, and Shelter Cymru for their help developing this report and the campaign to repeal the Act. • Lord Hogan-Howe for this report’s foreword and for chairing the multi- agency roundtable discussion in April 2019 in the UK Supreme Court (details in Appendix 1). Photo credit Chris McAndrew, licensed under the Creative Commons Attribution 3.0 Unported licence. • Mike Schwarz, Bindmans LLP, for giving the legal advice in Appendix 2. • Professor Nick Crowson for sharing historical data about the Vagrancy Act’s use. • Cllr Ruth Bush and Matthias Kelly QC, for sharing their experiences of the End the Vagrancy Act campaign. • Prison Reform Trust for helping analyse the recent data. • Hannah Hart for providing advice and connections to policing and Crown Prosecution Service contacts who briefed us on police and criminal justice processes. -
Theft Act 1968, Cross Heading: Theft, Robbery, Burglary, Etc
Changes to legislation: There are currently no known outstanding effects for the Theft Act 1968, Cross Heading: Theft, robbery, burglary, etc.. (See end of Document for details) Theft Act 1968 1968 CHAPTER 60 Theft, robbery, burglary, etc. 7 Theft. A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding [F1 seven years]. Textual Amendments F1 Words in s. 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(1); S.I. 1992/333, art. 2(2), Sch.2 8 Robbery. (1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. (2) A person guilty of robbery, or of an assault with intent to rob, shall on conviction on indictment be liable to imprisonment for life. 9 Burglary. (1) A person is guilty of burglary if— (a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein 2 Theft Act 1968 (c. -
Fraud Act 2006 (C
10/23/2014 Fraud Act 2006 (c. 35) xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom" Fraud Act 2006 2006 CHAPTER 35 An Act to make provision for, and in connection with, criminal liability for fraud and obtaining services dishonestly. [8th November 2006] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Fraud 1 Fraud (1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence). (2) The sections are— (a) section 2 (fraud by false representation), (b) section 3 (fraud by failing to disclose information), and (c) section 4 (fraud by abuse of position). (3) A person who is guilty of fraud is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both); (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both). (4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months. 2 Fraud by false representation (1) A person is in breach of this section if he— (a) dishonestly makes a false representation, and (b) intends, by making the representation— (i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss. -
Fraud Offences Sentencing Data
FRAUD OFFENCES SENTENCING DATA Analysis and Research Bulletin June 2013 This bulletin provides statistics on the outcomes and demographics of offenders1 sentenced for offences covered by the draft guideline on fraud offences. The consultation period for the fraud offences draft guideline will begin on 27 June 2013 and close on 4 October 2013. Further information on these offences and the draft guideline can be found in the consultation document which can be accessed via the Current Consultations page on the Sentencing Council website, at the following link: http://www.sentencingcouncil.org.uk/sentencing/consultations-current.htm The Court Proceedings Database (CPD), maintained by the Ministry of Justice is the source of the data for this bulletin. Data on the CPD is categorised by the relevant legislation under which proceedings are brought. Background Information There are six draft fraud guidelines: 1. Fraud (other than revenue or benefit fraud) This includes offences covered by: ● Section 1 Fraud Act 2006:fraud*; and ● Section 17 Theft Act 1968:false accounting*. 2. Possessing, making or supplying articles for use in fraud This includes offences covered by: ● Section 6 Fraud Act 2006:possession of articles for use in fraud; and ● Section 7 Fraud Act 2006:making or supplying articles for use in frauds. 3. Revenue fraud (against HM Revenue and Customs) This includes offences covered by: ● Section 1 Fraud Act 2006:fraud*; ● Section 17 Theft Act 1968:false accounting*; ● Section 72(1) Value Added Tax Act 1994:fraudulent evasion of VAT; ● Section 72(3) Value Added Tax Act 1994:false statement for VAT purposes; ● Section 72(8) Value Added Tax Act 1994:conduct amounting to an offence; ● Section 106A Taxes Management Act 1970:fraudulent evasion of income tax; ● Section 170(1)(a)(i),(ii),(b), 170(2)(a), 170B Customs and Excise Management Act 1979:fraudulent evasion of excise duty; and ● Section 50(1)(a), 50(2) Customs and Excise Management Act 1979:improper importation of goods. -
Criminal Liability Married Persons
If you have issues viewing or accessing this file, please contact us at NCJRS.gov. LAW REFORM COMMISSIONER Working Paper No. 2 , " .- .. t ~ I ' ~. ..~ '. ,.', .... \ i '. I . ~ ", 'c.': .;'!,.' ,J • : • '. " • CRIMINAL LIABILITY OF MARRIED PERSONS (Special Rules) MELBOURNE JANUARY 1975 ---------------- Views Expressed in this Working Paper are Provisional Only. Comment and criticism are invited and it would be much appreciated if these could be forwarded before 15th April, 1975. Address:- Law Reform Commissioner, 155 Queen Street, Melbourne, Vic. 3000. LAW REFORM COMMISSIONER Working Paper No.2 .- NCJRS ( , , MAV ~ 9 lQ]g ~~ j , ACGlU JstTIONS CRIMINAL LIABILITY OF MARRIED PERSONS (Special Rules) MELBOURNE JANUARY 1975 CONTENTS para. page [ntroduction 1 :; Part I The Defence of Marital Coercion 5 6 Part II Spouses as Accessories After the Fact 28 14 Part III Misprision of Felony 40 18 Part IV Receiving or Handling Stolen Goods 43 19 Part V Conspiracy Between Husband and Wife 52 22 Part VI Criminal Proceedings by One Spouse against the Other 73 31 3 WORKING PAPER NO. 2 CRIMINAL LIABILITY OF MARRIED PERSONS (Special Rules) INTRODUCTION 1. The functions of the Law Reform Commissioner, as defined by Section 8 (a) of the Law Reform Act 1973, include advising the Attorney-General on the modernisation of the law, having regard to the needs of the community. 2. The purpose of this Working Paper is to examine those special rules of law which in some cases relieve wives, and in other cases both husbands and wives, from criminal liability for conduct which would render them liable if they were unmarried. 3. Those rules originated long before the reforms of the law on the civil side which, during the past 100 years, have removed the legal disabilities of married women in matters of property, contract and family law, and long before those social changes which, in modern times, have reduced the discrimination to which women have been subjected in respect of education and economic opportunities. -
Gathering Mushrooms
Foraging – mushrooms, fruit and wood© Mushrooms OK, let’s start with what not to do and consider the beautiful, but deadly Amanita or Death Cap Mushroom. It has been responsible for a spate of deaths in the USA, particularly California, but the UK is not immune and a woman from Bridgwater (Somerset) died after cooking some from her garden in 2013. Here’s a picture of what it looks like in the wild. Most often it can be seen after heavy rain, in gardens or forests, but do not be tempted – it always causes violent nausea and vomiting – in most cases, liver failure follows and the US CDC has estimated that the Amanita mushroom is responsible for almost 90% of global mushroom deaths, as it grows on almost every continent. Another CDC report (from the 1990s) listed 9 Amanita poisonings and 2 deaths in a single week. At the time of writing (July 2017), there is no cure for such poison and so, we come to Terry Pratchett: “All fungi are edible; some fungi are only edible once”. Picking mushrooms and the law The Theft Act 1968 states that, in the case of mushrooms or plants growing wild on any land, you may take away foliage, fruit or parts of the plant without committing an offence, provided you are not taking them for commercial purposes. However, if you intend to sell the mushrooms or profit from them in another way, you are breaking the law by taking them without the owner's permission. Here’s an example from 2002, when a lady called Mrs Tee-Hillman was arrested for picking chanterelle mushrooms in the New Forest. -
Student Guides' to Legal Materials of the UK
Students’ Guide to Legal Materials of the United Kingdom 2019 / 2020 by Madeleine C. LEE Former Senior Assistant Librarian Updated by Lai Chu LAU Section Head (Do not cite without the authors’ written consent) Law Collection and Services Section Run Run Shaw Library CONTENTS Sources of English Law ........................................................................................... 1 1. Primary Sources ............................................................................................................ 1 1.1 Legislation ......................................................................................................................... 2 Current Law Statutes Annotated ........................................................................................... 3 Halsbury’s Statutes of England and Wales ........................................................................... 4 Halsbury’s Statutory Instruments ......................................................................................... 5 Finding Acts and Statutory Instruments ................................................................................ 6 1.2 U.K. Law Reports ............................................................................................................ 7 Early Law Reports ................................................................................................................ 7 English Reports ..................................................................................................................... 7 Modern -
Alex Steel Scientia Education Fellow UNSW Law University of New South Wales [email protected]
15 October 2018 James Mason Senior Adviser Corporations Policy Unit Consumer and Corporations Division The Treasury Langton Crescent PARKES ACT 2600 By email Dear James Reforms to strengthen penalties for corporate and financial sector misconduct – Draft Legislation I refer to the draft legislation released on the Treasury website and the invitation for responses. The proposed amendment to s9 and repeal of s1041G(2) in the words of the Explanatory Memorandum seeks to “introduce a new test that applies to all dishonesty offences under the Corporations Act”. No explanation is given in the Explanatory Memorandum that this change places the Corporations Act outside of the considered approach to the meaning of dishonesty in the Criminal Code and other Commonwealth legislation, and that it is a significant step away from a subjective test for dishonesty. The Commonwealth Parliament has recently amended s135.1 of the Criminal Code to increase the maximum penalty to 10 years imprisonment (Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018). That offence criminalises behaviour otherwise lawful entirely on the basis that the person acted “dishonestly”. The test for dishonesty in that offence is (a) dishonest according to the standards of ordinary people; and (b) known by the defendant to be dishonest according to the standards of ordinary people (s130.3) There should be a consistent meaning applied to terms across Acts of Parliament. The law is brought into disrespect if dishonesty means one thing for the general public and another thing for company officers. As the Parliament has seen fit to amend this offence recently without amendment to the definition of ‘dishonesty’ it is inappropriate to amend the Corporations Act to remove this test. -
WJEC/Eduqas a Level Law Book 2 Answers
WJEC/Eduqas A Level Law Book 2 answers Chapter 1: The law of contract Activity 1.1 Legal authority Legal authority Rule s9 Services must be provided at a reasonable price. s10 An unfair term is not binding on the consumer. The consumer’s legal right to reject goods that are of unsatisfactory s11 quality. s20 Goods must be fi t for purpose. s23 Goods must be of satisfactory quality. If a service does not satisfy criteria, trader should redo the inadequate s49 element at no extra cost. Where repeat performance of the service is not possible, the consumer s50 can obtain a price reduction. s51 Goods must be as described. Retailer must be given the opportunity to repair or replace defective goods s52 outside the 30 days of purchase. s55 Services must be undertaken with reasonable care and skill. Any information given to the consumer before the service is provided is s56 binding. s62 Services must be provided within a reasonable time. Activity 1.2 Implied terms These are mini scenarios for which the students can use the IDA structure to construct mini answers using the relevant statute provisions. 1 WJEC/Eduqas A Level Law Book 1 answers Activity 1.3 Application question (taken from WJEC/Eduqas SAMs material) 1. The question is taken from WJEC/Eduqas sample assessment material. Refer to https://www.eduqas.co.uk/qualifi cations/law/A-level-Law-SAMs.pdf, page 35, for indicative content of a response. 2. Use the approach outlined in the SAM that covers Q1 to respond. Discus it with a classmate if you want to.