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British Deficiencies in Relation to American Clarity in International Anti-Corruption Law
GREASING THE WHEELS: BRITISH DEFICIENCIES IN RELATION TO AMERICAN CLARITY IN INTERNATIONAL ANTI-CORRUPTION LAW Todd Swanson* TABLE OF CONTENTS I. CORRUPTION: A ROUTINE PRACTICE, BUT NOT FOR LONG ...... 399 II. AMERICA'S CORRUPTION LEGACY: FROM NIXON'S SHAME TO CLINTON'S TRIUMPH ................................... 402 A. Watergate: Tricky Dick Opens America's Eyes and Congress Reacts .................................... 402 B. Clinton 's Less Noted, but ImportantLegacy: Making InternationalAnti-Corruption Law a Priority ............. 403 C. Building InternationalConsensus: Other International OrganizationsBegin to Make Law ...................... 405 D. The Capstone of the InternationalAnti-Bribery Movement: The OECD Convention ............................... 406 E. Making Sure States Keep Their Promises: The OECD Working Group on Anti-Bribery in International Business Transactions ............................... 407 III. AGREE TO DISAGREE: AMERICAN AND BRITISH IMPLEMENTATION OF THE OECD CONVENTION .............. 408 A. The United States' FightAgainst Corruption: The Foreign CorruptPractices Act and American Implementation of the OECD Convention ................ 408 1. Who Cannot Offer Bribes Under FCPA? .............. 408 2. Who Must One Bribe to Be Convicted Under the F CPA ? ......................................... 409 3. What Acts Constitute Bribes Under the FCPA? ......... 410 * J.D., University of Georgia School of Law, 2007; Certificate of European Law Studies from the Universit6 Libre de Bruxelles, Brussels, Belgium, 2005; B.S., Psychology, B.A., Political Science, University of Illinois, Urbana-Champaign, 2004. To my parents-thank you for all the love and support. GA. J. INT'L & COMP. L. [Vol. 35:397 4. What Level of Intent Is Required by the FCPA? ......... 411 5. Affirmative Defenses Under the FCPA ................ 412 6. Complicity in Bribery as Covered Under U.S. Law ...... 413 7. What Sanctions Do Violators of the FCPA Face? ...... -
Common Law Fraud Liability to Account for It to the Owner
FRAUD FACTS Issue 17 March 2014 (3rd edition) INFORMATION FOR ORGANISATIONS Fraud in Scotland Fraud does not respect boundaries. Fraudsters use the same tactics and deceptions, and cause the same harm throughout the UK. However, the way in which the crimes are defined, investigated and prosecuted can depend on whether the fraud took place in Scotland or England and Wales. Therefore it is important for Scottish and UK-wide businesses to understand the differences that exist. What is a ‘Scottish fraud’? Embezzlement Overview of enforcement Embezzlement is the felonious appropriation This factsheet focuses on criminal fraud. There are many interested parties involved in of property without the consent of the owner In Scotland criminal fraud is mainly dealt the detection, investigation and prosecution with under the common law and a number where the appropriation is by a person who of statutory offences. The main fraud offences has received a limited ownership of the of fraud in Scotland, including: in Scotland are: property, subject to restoration at a future • Police Service of Scotland time, or possession of property subject to • common law fraud liability to account for it to the owner. • Financial Conduct Authority • uttering There is an element of breach of trust in • Trading Standards • embezzlement embezzlement making it more serious than • Department for Work and Pensions • statutory frauds. simple theft. In most cases embezzlement involves the appropriation of money. • Crown Office and Procurator Fiscal Service. It is important to note that the Fraud Act 2006 does not apply in Scotland (apart from Statutory frauds s10(1) which increases the maximum In addition there are a wide range of statutory Investigating fraud custodial sentence for fraudulent trading to offences which are closely related to the 10 years). -
Proposal on the Provision of Courts Services in Wales
Proposal on the provision of courts services in Wales Consultation Paper CP15/10 Published on 23 June 2010 This consultation will end on 15 September 2010 Proposal on the provision of courts services in Wales A consultation produced by Her Majesty's Courts Service, part of the Ministry of Justice. It is also available on the Ministry of Justice website at www.justice.gov.uk Proposal on the provision of courts services in Wales Contents The HMCS national estates strategy 3 Introduction 5 Magistrates’ courts in Dyfed Powys 7 Magistrates’ courts in Gwent 17 Magistrates’ courts in South Wales 23 Magistrates’ courts in North Wales 32 County courts in Wales 39 Annex A – Map of proposals 47 Questionnaire 49 About you 54 Contact details/How to respond 55 The consultation criteria 57 Consultation Co-ordinator contact details 58 1 Proposal on the provision of courts services in Wales 2 Proposal on the provision of courts services in Wales The HMCS national estates strategy HMCS is committed to providing a high quality courts service within a reasonable travelling distance of the communities that use it, while ensuring value for money for taxpayers. HMCS currently operates out of 530 courthouses – 330 magistrates’ courts, 219 county courts and 91 Crown Court centres.1 However, the number and location of these does not reflect changes in population, workload or transport and communication links over the years since many of them were opened. This has resulted in some courts sitting infrequently and hearing too few cases. Some buildings do not provide suitable facilities for those attending or are not fully accessible for disabled court users. -
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. -
Chapter 8 Criminal Conduct Offences
Chapter 8 Criminal conduct offences Page Index 1-8-1 Introduction 1-8-2 Chapter structure 1-8-2 Transitional guidance 1-8-2 Criminal conduct - section 42 – Armed Forces Act 2006 1-8-5 Violence offences 1-8-6 Common assault and battery - section 39 Criminal Justice Act 1988 1-8-6 Assault occasioning actual bodily harm - section 47 Offences against the Persons Act 1861 1-8-11 Possession in public place of offensive weapon - section 1 Prevention of Crime Act 1953 1-8-15 Possession in public place of point or blade - section 139 Criminal Justice Act 1988 1-8-17 Dishonesty offences 1-8-20 Theft - section 1 Theft Act 1968 1-8-20 Taking a motor vehicle or other conveyance without authority - section 12 Theft Act 1968 1-8-25 Making off without payment - section 3 Theft Act 1978 1-8-29 Abstraction of electricity - section 13 Theft Act 1968 1-8-31 Dishonestly obtaining electronic communications services – section 125 Communications Act 2003 1-8-32 Possession or supply of apparatus which may be used for obtaining an electronic communications service - section 126 Communications Act 2003 1-8-34 Fraud - section 1 Fraud Act 2006 1-8-37 Dishonestly obtaining services - section 11 Fraud Act 2006 1-8-41 Miscellaneous offences 1-8-44 Unlawful possession of a controlled drug - section 5 Misuse of Drugs Act 1971 1-8-44 Criminal damage - section 1 Criminal Damage Act 1971 1-8-47 Interference with vehicles - section 9 Criminal Attempts Act 1981 1-8-51 Road traffic offences 1-8-53 Careless and inconsiderate driving - section 3 Road Traffic Act 1988 1-8-53 Driving -
FRAUD FACTS Issue 17 October 2013 (2Nd Edition) INFORMATION for ORGANISATIONS Fraud in Scotland
FRAUD FACTS Issue 17 October 2013 (2nd edition) INFORMATION FOR ORGANISATIONS Fraud in Scotland Fraud does not respect boundaries. Fraudsters use the same tactics and deceptions, and cause the same harm throughout the UK. However, the way in which the crimes are defined, investigated and prosecuted can depend on whether the fraud took place in Scotland or England and Wales. Therefore it is important for Scottish and UK-wide businesses to understand the differences that exist. What is a ‘Scottish fraud’? Embezzlement Overview of enforcement Embezzlement is the felonious appropriation This factsheet focuses on criminal fraud. There are many interested parties involved in of property without the consent of the owner In Scotland criminal fraud is mainly dealt the detection, investigation and prosecution with under the common law and a number where the appropriation is by a person who of statutory offences. The main fraud offences has received a limited ownership of the of fraud in Scotland, including: in Scotland are: property, subject to restoration at a future • Police Service of Scotland time, or possession of property subject to • common law fraud • Financial Conduct Authority • uttering liability to account for it to the owner. There is an element of breach of trust in • Trading Standards • embezzlement embezzlement making it more serious than • Department for Work and Pensions • statutory frauds. simple theft. In most cases embezzlement • Crown Office and Procurator Fiscal Service. It is important to note that the Fraud Act involves the appropriation of money. 2006 does not apply in Scotland (apart from Statutory frauds s10(1) which increases the maximum Investigating fraud custodial sentence for fraudulent trading to In addition there are a wide range of statutory 10 years). -
Reform of Local Justice Areas
Title: Prisons and Courts Bill: Unifying the structure and leadership of and management of cases between the Crown Impact Assessment (IA) Court and magistrates courts Date: 22/02/2017 Stage: Final IA No: MoJ005/2017 RPC Reference No: N/A Source of intervention: Domestic Lead department or agency: Type of measure: Primary legislation Ministry of Justice Other departments or agencies: Contact for enquiries: Her Majesty’s Courts and Tribunals Service (HMCTS) [email protected] Legal Aid Agency (LAA) Summary: Intervention and Options RPC Opinion: Not Applicable Cost of Preferred (or more likely) Option Total Net Business Net Net cost to business One-In, Business Impact Target Present Value Present per year (EANDCB in 2014 Three-Out Status Value prices) £50m N/A N/A Not in scope N/A 2017. What is the problem under consideration? Why is government intervention necessary? The Crown Court and magistrates’ courts have always operated under markedly different jurisdictions and processes, despite the fact that both courts are responsible for tryingJune defendants accused of breaking the law. Two major reviews of the criminal justice system since 2001 have found that the existing structure of the criminal court system in England and Walesin is inefficient, thereby resulting in a sub-optimal use of judicial and court resources. This inefficiency wastes taxpayers’ money. Government intervention is necessary because the fundamental structure of the criminal court system is governed by legislation, so any reforms must be made by Act of Parliament. What are the policy objectives and the intended effects? The policy objectives are to increase the operationalarchived efficiency of the court system in England and Wales and thus to improve value for taxpayers’ money. -
Implications of Abrogating the Role of the Aldermen As Justices of the Peace
Committee: Date: 2 December 2016 Courts Sub (Policy and Resources) Committee Subject: Public The City of London and the Magistracy Report of: For Information Remembrancer Report Author: Paul Double Introductory Note 1. The paper annexed responds to a request that a report on the constitutional background to the City‘s relationship with the Magistracy be submitted to this subcommittee. This background is primarily referable to the Aldermen although non Aldermanic magistrates are now in the main responsible for summary justice in the City‘s Magistrates‘ Courts. Experience with the botched exercise of reforming the office of Lord Chancellor demonstrated (if demonstration were needed) that making changes to a constitutional settlement of centuries standing without a detailed analysis of the landscape is likely to be a cause of difficulty. That is not to say, of course, that change should not be entertained; as is well known, the City has only survived by a process of canny evolution and its evolving relationship with the administration of justice is a good example of this process at work. 2. For completeness the paper includes reference to the significant change to the position of Aldermen as magistrates introduced by the Access to Justice Act 1999, and the subsequent Act of Common Council by which the mandatory linkage to the magistracy was ended. It does not, however, deal with the aspect of that Act which related to the position of Lord Mayor as Chief Magistrate. The 1999 Act broke the link between the office of Chief Magistrate and Bench Chairman in the City, a link which had been mistakenly introduced by the Justices of the Peace Act 1968. -
Proposal on the Provision of Magistrates' and County Court
Proposal on the provision of magistrates’ and county court services in London Consultation Paper HMCS CP12/10 Published on 23 June 2010 This consultation will end on 15 September 2010 Proposal on the provision of magistrates’ and county court services in London A consultation produced by Her Majesty's Courts Service, part of the Ministry of Justice. It is also available on the Ministry of Justice website at www.justice.gov.uk Proposal on the provision of magistrates’ and county court services in London Contents The HMCS national estates strategy 3 Introduction 5 Magistrates’ courts in London 7 County courts in London 44 Annex A – Map of proposals 50 Questionnaire 52 About you 54 Contact details/How to respond 55 The consultation criteria 57 Consultation Co-ordinator contact details 58 1 Proposal on the provision of magistrates’ and county court services in London 2 Proposal on the provision of magistrates’ and county court services in London The HMCS national estates strategy HMCS is committed to providing a high quality courts service within a reasonable travelling distance of the communities that use it, while ensuring value for money for taxpayers. HMCS currently operates out of 530 courthouses – 330 magistrates’ courts, 219 county courts and 91 Crown Court centres.1 However, the number and location of these does not reflect changes in population, workload or transport and communication links over the years since many of them were opened. This has resulted in some courts sitting infrequently and hearing too few cases. Some buildings do not provide suitable facilities for those attending or are not fully accessible for disabled court users. -
Criminal Law Act 1977
Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Law Act 1977. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Criminal Law Act 1977 1977 CHAPTER 45 An Act to amend the law of England and Wales with respect to criminal conspiracy; to make new provision in that law, in place of the provisions of the common law and the Statutes of Forcible Entry, for restricting the use or threat of violence for securing entry into any premises and for penalising unauthorised entry or remaining on premises in certain circumstances; otherwise to amend the criminal law, including the law with respect to the administration of criminal justice; to provide for the alteration of certain pecuniary and other limits; to amend section 9(4) of the Administration of Justice Act 1973, the Legal Aid Act 1974, the Rabies Act 1974 and the Diseases of Animals (Northern Ireland) Order 1975 and the law about juries and coroners’ inquests; and for connected purposes. [29th July 1977] Annotations: Editorial Information X1 The text of ss. 1–5, 14–49, 57, 58, 60–65, Schs. 1–9, 11–14 was taken from S.I.F. Group 39:1 (Criminal Law: General), ss. 51, 63(2), 65(1)(3)(7)(10) from S.I.F. Group 39:2 ( Criminal Law: Public Safety and Order), ss. 53, 54, 65(1)(3)(7)(9)(10) Group 39:5 (Criminal Law: Sexual Offences and Obscenity), ss. -
Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020
[6th March, 2020] Supplement to Official Gazette 85 ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM ACT, 2020 (Act 5 of 2020) ARRANGEMENT OF SECTIONS SECTIONS PART I − PRELIMINARY 1. Short title and commencement 2. Interpretation PART II – OFFENCE OF MONEY LAUNDERING AND RELATED OFFENCES 3. Offence of money laundering 4. Acquisition, use or possession of proceeds of crime 5. Currency transaction and wire transfer threshold reporting PART III − NATIONAL ANTI-MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM COMMITTEE 6. National Anti-Money Laundering and Countering the Financing of Terrorism Committee 7. Functions of Committee 8. Functions of Secretariat 9. Meetings and procedures of Committee PART IV – FINANCIAL INTELLIGENCE UNIT 10. Establishment of Financial Intelligence Unit 11. Governance of FIU 12. Objectives of FIU 13. Powers and functions of FIU 14. Appointment of Director 15. Appointment of Deputy Director 16. Responsibilities of Director 17. Delegation of powers by Director 18. When Deputy Director may act 86 Supplement to Official Gazette [6th March, 2020] 19. Appointment of staff 20. Oath of confidentiality 21. Constitution of funds 22. Annual estimates 23. Financial year, accounts and audit 24. Annual Report 25. Removal of Director or Deputy Director from office 26. Resignation of Director or Deputy Director PART V – FUNCTIONS OF FIU 27. Functions and duties of FIU 28. Access to information and analysis function 29. Cooperation with foreign counterpart agencies PART VI – PREVENTIVE MEASURES 30. Result of national risk assessment 31. Obligation to register with FIU 32. Obligation to identify and assess money laundering and terrorist financing risks 33. Obligation to establish and maintain internal control systems and procedures 34. -
SUPREME COURT of the STATE of NEW YORK Appellate Division, Fourth Judicial Department
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : FOURTH JUDICIAL DEPARTMENT DECISIONS FILED JULY 6, 2012 HON. HENRY J. SCUDDER, PRESIDING JUSTICE HON. NANCY E. SMITH HON. JOHN V. CENTRA HON. EUGENE M. FAHEY HON. ERIN M. PERADOTTO HON. EDWARD D. CARNI HON. STEPHEN K. LINDLEY HON. ROSE H. SCONIERS HON. SALVATORE R. MARTOCHE, ASSOCIATE JUSTICES FRANCES E. CAFARELL, CLERK SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 29 KA 11-01908 PRESENT: SCUDDER, P.J., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER DONALD C. FILER, DEFENDANT-APPELLANT. DAVID R. ADDELMAN P.C., BUFFALO (DAVID R. ADDELMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Niagara County Court (Richard C. Kloch, Sr., A.J.), rendered August 7, 2008. The judgment convicted defendant, upon a jury verdict, of course of sexual conduct against a child in the first degree, criminal sexual act in the first degree, predatory sexual assault against a child, and sexual abuse in the first degree. It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by reversing that part convicting defendant of criminal sexual act in the first degree under count two of the indictment and dismissing that count of the indictment without prejudice to the People to re-present any appropriate charges under that count of the indictment to another grand jury and as modified the judgment is affirmed.