An Overview of the Prison Population of England and Wales Peter Cuthbertson
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. -
Crimes Act 2016
REPUBLIC OF NAURU Crimes Act 2016 ______________________________ Act No. 18 of 2016 ______________________________ TABLE OF PROVISIONS PART 1 – PRELIMINARY ....................................................................................................... 1 1 Short title .................................................................................................... 1 2 Commencement ......................................................................................... 1 3 Application ................................................................................................. 1 4 Codification ................................................................................................ 1 5 Standard geographical jurisdiction ............................................................. 2 6 Extraterritorial jurisdiction—ship or aircraft outside Nauru ......................... 2 7 Extraterritorial jurisdiction—transnational crime ......................................... 4 PART 2 – INTERPRETATION ................................................................................................ 6 8 Definitions .................................................................................................. 6 9 Definition of consent ................................................................................ 13 PART 3 – PRINCIPLES OF CRIMINAL RESPONSIBILITY ................................................. 14 DIVISION 3.1 – PURPOSE AND APPLICATION ................................................................. 14 10 Purpose -
1.1 Compare Criminal Behaviour and Deviance
1.1 Compare criminal behaviour and Year 12/Unit 2. Criminology deviance AC 1.1 Defining deviance Acts that are criminal Key Vocabulary 1 Behaviour that is Such as heroically risking your own 1 Summary Less serious e.g. speeding. Tried by 1 Norms Specific rules or socially accepted unusual and good life to save someone else. offences magistrates. standards that govern behaviour in particular situations. 2 Behaviour that is Such as talking to the trees in the 2 Indictable More serious e.g. rape/murder. Tried in unusual and park, or hoarding huge quantities of offences crown court with jury. More severe 2 Values General principles or guidelines for eccentric old newspapers. sentences. how we should live our lives. 3 Behaviour that is Such as physically attacking 3 Violence E.g. murder, manslaughter, assault 3 Moral A set of basic rules, values and unusual and bad or someone for no reason. against the codes prinicples, held by an individual, group, disapproved of person organisation or society as a whole. 4 Sexual E.g. rape, sex trafficking, grooming. 4 Formal Punishments for breaking formal offences Defining Criminal behaviour sanction written rules or laws. Imposed by Offences official bodies e.g. courts, schools etc. Legal Any action forbidden by criminal law – 5 E.g. burglary, theft, robbery. 1 against definition 5 Informal Disapproval shown to a person for usually involves actus rea and mens rea property sanction breaking unwritten rules, such as telling 2 Social This includes consideration of differing 6 Fraud and E.g. frauds by company directors, benefit off or ignoring them. -
Victoria Police Force
If you have issues viewing or accessing this file contact us at NCJRS.gov. -----~~. -------~ ., .-., )\ '.;.. I t· (J ;f// '. ~\ i:.· .. Ii' ::1)" ,1-,';'" \. .ti} r.? ~, : .. j",C::::i r[. o "1 ~ . I o .~ '\ o 1I .-v,. \ 'i~.. , I\' " '; o l~ I ,zl ." I ·t• r? /I. :/ ,"; o ... 1: --- -~--~~----::-- --"... ··~,-,-.-·"~ ... ·l'~""-,.v.~ -. ::1{-~'~'"':~:':~""""----"" ~ .. < ~~, - - ~ 'l • ,~-'-'-"-----<+.-~-~~'~"' "I) VICTORIA t " POLICE ANNUAL I'· J( REPORT .~, 1981 ) '. (,I C .. U.S. Department 01 Justice 86657 National Institute of Justice This document has been exactly from the reproduc~d af~;eceived \ .\ person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or polic).es of the National Institute of i 11 i Justice. I Permissioh to reproduce this copyrighted material has been ! granted by (. ! <I I. Victoria Police Department i I I to the National Criminal Justice Reference Service (NCJRS). f,p I Further reproduction outside of the NCJRS system requires permis sion of the copyright owner, I i " ~',) ~ a ,-- -- ~ __~F""-'-- - ~- ~-- -~- -- VICTORIA r , I ,I . i Report and Financial Statement of the VICTORIA POLICE FORCE for the Year ended 31 Decenlber 1981 Ordered by the Legislative Assembly to be printed ", ,.,.d ..' , .' : ' . , \ , \ ACQUISHTnONS '. MELBOURNE F D ATKINSON GOVERNMENT PRINTER 1982 No. 22 Preceding I a . page blank 10 f t f " ... The Hon. C.R. T. Mathews, M.P., Minister for Police and Emergency Services, Parliament House, MELBOURNE Dear Minister, I have pleasure in submitting to you, for the information of Parlia ment, the Annual Report and Statement of Accounts for the year ended 31st December, 1981. -
Criminal Law: Conspiracy to Defraud
CRIMINAL LAW: CONSPIRACY TO DEFRAUD LAW COMMISSION LAW COM No 228 The Law Commission (LAW COM. No. 228) CRIMINAL LAW: CONSPIRACY TO DEFRAUD Item 5 of the Fourth Programme of Law Reform: Criminal Law Laid before Parliament bj the Lord High Chancellor pursuant to sc :tion 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 6 December 1994 LONDON: 11 HMSO E10.85 net The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 LAW COMMISSION CRIMINAL LAW: CONSPIRACY TO DEFRAUD CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 A. Background to the report 1. Our work on conspiracy generally 1.2 1 2. Restrictions on charging conspiracy to defraud following the Criminal Law Act 1977 1.8 3 3. The Roskill Report 1.10 4 4. The statutory reversal of Ayres 1.11 4 5. Law Commission Working Paper No 104 1.12 5 6. Developments in the law after publication of Working Paper No 104 1.13 6 7. Our subsequent work on the project 1.14 6 B. A general review of dishonesty offences 1.16 7 C. Summary of our conclusions 1.20 9 D. -
Criminal Code 2003.Pmd 273 11/27/2004, 12:35 PM 274 No
273 No. 9 ] Criminal Code [2004. SAINT LUCIA ______ No. 9 of 2004 ARRANGEMENT OF SECTIONS CHAPTER ONE General Provisions PART I PRELIMINARY Section 1. Short title 2. Commencement 3. Application of Code 4. General construction of Code 5. Common law procedure to apply where necessary 6. Interpretation PART II JUSTIFICATIONS AND EXCUSES 7. Claim of right 8. Consent by deceit or duress void 9. Consent void by incapacity 10. Consent by mistake of fact 11. Consent by exercise of undue authority 12. Consent by person in authority not given in good faith 13. Exercise of authority 14. Explanation of authority 15. Invalid consent not prejudicial 16. Extent of justification 17. Consent to fight cannot justify harm 18. Consent to killing unjustifiable 19. Consent to harm or wound 20. Medical or surgical treatment must be proper 21. Medical or surgical or other force to minors or others in custody 22. Use of force, where person unable to consent 23. Revocation annuls consent 24. Ignorance or mistake of fact criminal code 2003.pmd 273 11/27/2004, 12:35 PM 274 No. 9 ] Criminal Code [2004. 25. Ignorance of law no excuse 26. Age of criminal responsibility 27. Presumption of mental disorder 28. Intoxication, when an excuse 29. Aider may justify same force as person aided 30. Arrest with or without process for crime 31. Arrest, etc., other than for indictable offence 32. Bona fide assistant and correctional officer 33. Bona fide execution of defective warrant or process 34. Reasonable use of force in self-defence 35. Defence of property, possession of right 36. -
Simon Kealey QC
Simon Kealey QC Call to the Bar: 1991 Silk Year 2017 Simon Kealey was appointed Queens Counsel in 2017. He is an extremely popular advocate who enjoys a busy practice concentrating solely on criminal law for both defence and prosecution. Simon has been involved in a large number of the leading cases both on the North Eastern Circuit and beyond. The principal offence groups CONTACT DETAILS undertaken are murder and manslaughter, serious fraud, high value drug offences, people trafficking, sexual offences and driving offences resulting in fatalities. Email: The work undertaken by Simon often includes cases of significant factual and legal [email protected] complexity and involve legal teams which Simon will lead. In addition to the work Telephone: undertaken in the Crown Court Simon also has an impressive appeal practice and has been involved in many complex appeal court matters throughout his career. 0161 832 5701 PRACTICE AREAS Simon will accept instructions in significant cases from legally aided clients and will cover the full spectrum of criminal offences and appeal work for private clients. Fraud All enquiries in relation to Simon’s work and availability to accept instructions should be Murder/Serious Violence made to the Director of Clerking, David Wright. Drug Offences Murder/Manslaughter Sexual Offences Regulatory R v Lawler – Acted for Defendant in high profile murder of elderly man, case featured on BBC's Crimewatch. Professional Discipline R v Dormer – Lead advocate in murder trial & subsequent conviction appeal concerning expert Private Client evidence & recovered memory. MEMBERSHIPS R v Taylor – Acted for prosecution in the trial of a man kicked to death. -
SENTENCING POLICY GUIDELINES MESSAGE from the CHIEF JUSTICE Entencing Has Been a Problematic Area in the Administration of Justice
REPUBLIC OF KENYA THE JUDICIARY SENTENCING POLICY GUIDELINES MESSAGE FROM THE CHIEF JUSTICE entencing has been a problematic area in the administration of justice. It is one of those issues that has constantly given the Judiciary a bad name – and deservedly Sso. Sometimes out rightly absurd, disproportionate and inconsistent sentences have been handed down in criminal cases. This has fuelled public perception that the exercise of judicial discretion in sentencing is a whimsical exercise by judicial officers. These Sentencing Guidelines are a response to the challenges of sentencing in the administration of justice. These include disproportionate and unjustified disparities in respect to sentences imposed to offenders who committed same offences in more or less similar circumstances and an undue preference of custodial sentences, inspite of the existence of numerous non-custodial options, which are more suitable in some cases. Whereas mandatory and minimum sentences reduce sentencing disparities, they however fetter the discretion of courts, sometimes resulting in grave injustice particularly for juvenile offenders. These guidelines recognise that sentencing is perhaps one of the most intricate aspects of the administration of trial justice. It acknowledges that sentencing impacts not just the individual offender but also the community, and indeed the entire justice system. They also seek to enhance the participation of the victim, and generally infuse restorative justice values in the sentencing process. Significantly, they champion the national value of inclusivity by promoting community involvement through use of non-custodial sentences in suitable cases. The guidelines have collated the principles of law that should guide courts in the exercise of their discretion, so that sentences for analogous circumstances are delivered as transparently and consistently as practically possible. -
Stuart Dingle YEAR of CALL: 2011
Stuart Dingle YEAR OF CALL: 2011 EXPERTISE Stuart undertakes criminal defence and prosecution work. He has defended in a wide range of cases, including section 18 GBHs, Fraud, trading standards infringements, aggravated burglaries, knifepoint robberies, violent disorder, indecent images, and violence including threats to kill. Stuart has a successful appellate practice and has had his cases referenced in Blackstones. Stuart defends in POCA proceedings and complex VAT/excise frauds. Stuart has particular experience of football disorder and defending against the imposition of Football Banning Orders. As well as representing private individuals Stuart has appeared on behalf of many fan support groups and travels across the country to represent fans in both Criminal cases and civil orders. Before his independent practice Stuart worked as a litigator and clerk, working on several multi-handed murders. Stuart has particular experience of considering pathological evidence. Stuart has successfully prosecuted and defended in a number of cases involving expert evidence and the consideration and cross examining of experts, including private driving, cell site, and medical causation evidence. Stuart is currently a Level 2 Panel Advocate for the CPS, and his casework includes specialist experience in domestic violence prosecution and advice. Stuart is also regularly instructed by the serious fraud division to deal with revenue, benefit and complex fraud cases. Stuart has experience advancing special hardship arguments to retain driving licences and has been sought to give advice on a variety of matters relating to driving law. In addition to crime and associated matters, Stuart also regular appears for quasi-criminal and regulatory matters including contested Football Banning Orders and Sexual Risk Orders. -
Conspiracy and Attempts Consultation
The Law Commission Consultation Paper No 183 CONSPIRACY AND ATTEMPTS A Consultation Paper The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Etherton, Chairman Mr Stuart Bridge Mr David Hertzell Professor Jeremy Horder Kenneth Parker QC Professor Martin Partington CBE is Special Consultant to the Law Commission responsible for housing law reform. The Chief Executive of the Law Commission is Steve Humphreys and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. This consultation paper, completed on 17 September 2007, is circulated for comment and criticism only. It does not represent the final views of the Law Commission. The Law Commission would be grateful for comments on its proposals before 31 January 2008. Comments may be sent either – By post to: David Hughes Law Commission Conquest House 37-38 John Street Theobalds Road London WC1N 2BQ Tel: 020-7453-1212 Fax: 020-7453-1297 By email to: [email protected] It would be helpful if, where possible, comments sent by post could also be sent on disk, or by email to the above address, in any commonly used format. We will treat all responses as public documents in accordance with the Freedom of Information Act and we will include a list of all respondents' names in any final report we publish. Those who wish to submit a confidential response should contact the Commission before sending the response. We will disregard automatic confidentiality disclaimers generated by an IT system. -
Police, Crime, Sentencing and Courts Bill Bar Council Written Evidence – Public Bill Committee
Police, Crime, Sentencing and Courts Bill Bar Council written evidence – Public Bill Committee About us The Bar Council is the representative body for the Bar of England and Wales, representing approximately 17,000 barristers. The independent Bar plays a crucial role in upholding and realising the constitutional principles of government accountability under law and vindication of legal rights through the courts. It provides a pool of talent, from increasingly diverse backgrounds, from which a significant proportion of the judiciary is drawn, and on whose independence the rule of law and our democratic way of life depends. Executive Summary The Bar Council has concerns surrounding various provisions in this Bill. We set out below our thoughts on aspects of the Bill that we believe would merit further scrutiny. Where we have not made comment on clauses, it is sufficient to assume that we broadly agree with those provisions in the Bill. We are not fundamentally opposed to the Bill but believe that some proposals are contrary to the interests of access to justice, the rule of law, and, in some cases, fundamental common sense. We have responded to the following: • Increase in penalty for assaults on emergency workers; • Criminal damage to memorials; • Public Order powers; • Causing serious injury through careless driving; • Cautions; • Sentencing proposals; • Youth justice provisions; • Secure children’s homes; • Serious Violence Reduction Orders; • Rehabilitation of offenders; • Procedures in courts and tribunals, including remote jury and -
Criminal Appeal 62 of 2019
Criminal Appeal 62 of 2019 Case Number Criminal Appeal 62 of 2019 Parties Kimutai Kigen v Republic Case Class Criminal Judges Edward Muthoga Muriithi M/S Kemboi S.L & Co. Advocates for the Appellant. Ms. Muriu, Prosecution Advocates Counsel for the Respondent. Case Action Judgment Case Outcome Appeal dismissed Date Delivered 06 Feb 2020 Court County Baringo Case Court High Court at Kabarnet Court Division Criminal REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KABARNET CRIMINAL APPEAL NO. 62 OF 2019 KIMUTAI KIGEN............................................................................................APPELLANT VERSUS REPUBLIC.....................................................................................................RESPONDENT [An appeal from the original conviction and sentence of the Principal Magistrate’s Court at Eldama Ravine Criminal Case no. 2197 of 2019 delivered on the 28th day of October, 2019 by by Hon. J.L. Tamar, PM] JUDGMENT The Appeal 1. The trial magistrate’s judgment and sentence sought to be reviewed on this appeal is set out in the proceedings of the court set in full as follows: “28.10.2019 Coram: Before Hon. J. Tamar – PM State Counsel – Kelwon Court Clerk – Nancy Accused – present The charges and elements therein are read over and explained to the accused in a language that he/she understand (i.e) Kiswahili/English who replies: ‘Ni kweli’ COURT: Plea of guilty entered. J. TAMAR PRINCIPAL MAGISTRATE Court Prosecutor: Facts are that on 26th October, 2019 4:00 p.m., the accused was arrested at his home in Mochongoi village by Police officers led by P.C. Kipchirchir. They found him with 5 litres of Chang’aa. He was arrested and charged. We wish to produce the exhibits.