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The Law Commission (LAW COM
The Law Commission (LAW COM. No. 134) LAW OF CONTRACT MINORS’ CONTRACTS Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 I Ordered by the House of Commons to be printed 28 June 1984 LONDON HER MAJESTY’S STATIONERY OFFICE €4.15 net 494 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose for promoting the reform of the law. The Commissioners are- The Honourable Mr. Justice Ralph Gibson, Chairman Mr. Brian Davenport, Q.C. Professor Julian Farrand* Mrs. Brenda Huggett* Dr. Peter North The Secretary of the Law Commission is Mr. J. G. H. Gasson and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. As from 1 May 1984. 11 MINORS’ CONTRACTS CONTENTS Paragraphs Page PART I: INTRODUCTION .......................... 1.1-1.15 1 Our Working Paper. ................................. 1.1-1.3 1 The Existing Law. ................................... 141.10 2 (a) General ...................................... 1.4-1.8 2 (i) Contracts for Necessaries .................... 1.6 2 (ii) Contracts of Employment .................. 1.7 2 (iii) Property Contracts ........................ 1.8 3 (b) Infants Relief Act 1874.. ........................ 1.9 3 (c) Recovery of Property .......................... 1.10 3 Defects in the Existing Law .......................... 1.11 4 Our General Approach .............................. 1.12 4 An Alternative Proposal.. ............................ 1.13 5 The Consultation .................................... 1.14-1.15 5 PART II: THE ALTERNATIVE PROPOSAL .......... 2.1-2.3 7 PART III: THE SCOPE OF OUR RECOMMENDATIONS ............................ 3.1-3.6 8 PART IV: OUR RECOMMENDATIONS FOR LEGISLATION ................................... -
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 -
Difficulties with Drug Conspiracies in Singapore: Can You Conspire to Traffic Drugs to Yourself?
UCLA UCLA Pacific Basin Law Journal Title Difficulties With Drug Conspiracies in Singapore: Can You Conspire to Traffic Drugs to Yourself? Permalink https://escholarship.org/uc/item/30x226bn Journal UCLA Pacific Basin Law Journal, 37(1) Author Yang, Kenny Publication Date 2020 DOI 10.5070/P8371048805 eScholarship.org Powered by the California Digital Library University of California DIFFICULTIES WITH DRUG CONSPIRACIES IN SINGAPORE: Can You Conspire to Traffic Drugs to Yourself? Kenny Yang Abstract If Person A delivers drugs to Person B at the latter’s request, Person A is liable for drug trafficking—a serious offense in many jurisdictions. However, the liability of Person B for drug trafficking is unclear as much may depend on Person B’s intention with the drugs. The Singaporean Courts recently had to grapple with this issue in Liew Zheng Yang v. Public Prosecutor and Ali bin Mohamad Bahashwan v. Public Prosecu- tor and other appeals. Prior to these two cases, the position in Singapore was clear—Person B should be liable for drug trafficking as an accessory to Person A, in line with Singapore’s strong stance against drug offenses. However, since these cases, the Singaporean Courts have taken a con- trary position and held that Person B may not be liable if the drugs were for his/her own consumption. This Article examines the law with respect to this drug conspiracy offense in Singapore, looking at its history, the primary legislation and similar cases. It also scrutinizes the judicial reasoning in the two cases above and considers whether this can be reconciled with the Courts’ prior position on the issue. -
Concealment of Birth: Time to Repeal a 200-Year-Old “Convenient Stop-Gap”?
University of Plymouth PEARL https://pearl.plymouth.ac.uk Faculty of Arts and Humanities School of Society and Culture 2019-07 Concealment of Birth: Time to Repeal a 200-Year-Old "Convenient Stop-Gap"? Milne, E http://hdl.handle.net/10026.1/15651 10.1007/s10691-019-09401-6 Feminist Legal Studies Springer Science and Business Media LLC All content in PEARL is protected by copyright law. Author manuscripts are made available in accordance with publisher policies. Please cite only the published version using the details provided on the item record or document. In the absence of an open licence (e.g. Creative Commons), permissions for further reuse of content should be sought from the publisher or author. Concealment of birth: time to repeal a 200-year-old “convenient stop-gap”? Introduction The criminal offence of concealment of birth (concealment) prohibits the secret disposal of the dead body of a child in order to conceal knowledge of that child’s birth under English and Welsh criminal law.1 Most prosecutions are of women who have concealed or denied their pregnancy, then given birth alone, with the child dying around the time of birth, and the woman disposing of the body without informing another person of the existence of the child. The offence is closely connected to newborn infant homicide and defendants are often suspected of being responsible for the child’s death. While the offence can be committed by anyone, the defendant is most often the birth mother.2 The offence is rarely prosecuted with only four convictions between 2010 and 2014 (Milne 2017), and since 2002 only one person has received an immediate custodial sentence.3 However, despite the small number of convictions and nature of the sentence, the offence is significant, particularly when analysed from a feminist perspective. -
Criminal Law Act 1967 (C
Criminal Law Act 1967 (c. 58) 1 SCHEDULE 4 – Repeals (Obsolete Crimes) Document Generated: 2021-04-04 Status: This version of this schedule contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967, SCHEDULE 4. (See end of Document for details) SCHEDULES SCHEDULE 4 Section 13. REPEALS (OBSOLETE CRIMES) Modifications etc. (not altering text) C1 The text of S. 10(2), S. 13(2), Sch. 2 paras. 3, 4, 6, 10, 12(2), 13(1)(a)(c)(d), 14, Sch. 3 and Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. PART I ACTS CREATING OFFENCES TO BE ABOLISHED Chapter Short Title Extent of Repeal 3 Edw. 1. The Statute of Westminster Chapter 25. the First. (Statutes of uncertain date — Statutum de Conspiratoribus. The whole Act. 20 Edw. 1). 28 Edw. 1. c. 11. (Champerty). The whole Chapter. 1 Edw. 3. Stat. 2 c. 14. (Maintenance). The whole Chapter. 1 Ric. 2. c. 4. (Maintenance) The whole Chapter. 16 Ric. 2. c. 5. The Statute of Praemunire The whole Chapter (this repeal extending to Northern Ireland). 24 Hen. 8. c. 12. The Ecclesiastical Appeals Section 2. Act 1532. Section 4, so far as unrepealed. 25 Hen. 8. c. 19. The Submission of the Clergy Section 5. Act 1533. The Appointment of Bishops Section 6. Act 1533. 25 Hen. 8. c. -
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. -
Fourteenth Report: Draft Statute Law Repeals Bill
The Law Commission and The Scottish Law Commission (LAW COM. No. 211) (SCOT. LAW COM. No. 140) STATUTE LAW REVISION: FOURTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty April 1993 LONDON: HMSO E17.85 net Cm 2176 The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the Law. The Law Commissioners are- The Honourable Mr. Justice Brooke, Chairman Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman .. Dr E.M. Clive Professor P.N. Love, C.B.E. Sheriff I.D.Macphail, Q.C. Mr W.A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commission is Mr K.F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. .. 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Rodger of Earlsferry, Q.C., Her Majesty's Advocate. In pursuance of section 3(l)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it. -
Criminal Law Act 1977 Is up to Date with All Changes Known to Be in Force on Or Before 26 August 2021
Changes to legislation: Criminal Law Act 1977 is up to date with all changes known to be in force on or before 26 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Criminal Law Act 1977 CHAPTER 45 CRIMINAL LAW ACT 1977 PART I CONSPIRACY 1 The offence of conspiracy. 1A Conspiracy to commit offences outside England and Wales . 2 Exemptions from liability for conspiracy. 3 Penalties for conspiracy. 4 Restrictions on the institution of proceedings for conspiracy. 5 Abolitions, savings, transitional provisions, consequential amendment and repeals. PART II OFFENCES RELATING TO ENTERING AND REMAINING ON PROPERTY 6 Violence for securing entry. 7 Adverse occupation of residential premises. 8 Trespassing with a weapon of offence. 9 Trespassing on premises of foreign missions, etc. 10 Obstruction of enforcement officers and court officers executing High Court or county court process . 11 . 12 Supplementary provisions. 12A Protected intending occupiers: supplementary provisions. 13 Abolitions and repeals. ii Criminal Law Act 1977 (c. 45) Document Generated: 2021-08-26 Changes to legislation: Criminal Law Act 1977 is up to date with all changes known to be in force on or before 26 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes PART III CRIMINAL PROCEDURE, PENALTIES, ETC. -
Violence Against the Person
Home Office Counting Rules for Recorded Crime With effect from April 2021 Violence against the Person Homicide Death or Serious Injury – Unlawful Driving Violence with injury Violence without injury Stalking and Harassment All Counting Rules enquiries should be directed to the Force Crime Registrar Home Office Counting Rules for Recorded Crime With effect from April 2021 Homicide Classification Rules and Guidance 1 Murder 4/1 Manslaughter 4/10 Corporate Manslaughter 4/2 Infanticide All Counting Rules enquiries should be directed to the Force Crime Registrar Home Office Counting Rules for Recorded Crime With effect from April 2021 Homicide – Classification Rules and Guidance (1 of 1) Classification: Diminished Responsibility Manslaughter Homicide Act 1957 Sec 2 These crimes should not be counted separately as they will already have been counted as murder (class 1). Coverage Murder Only the Common Law definition applies to recorded crime. Sections 9 and 10 of the Offences against the Person Act 1861 give English courts jurisdiction where murders are committed abroad, but these crimes should not be included in recorded crime. Manslaughter Only the Common Law and Offences against the Person Act 1861 definitions apply to recorded crime. Sections 9 and 10 of the Offences against the Person Act 1861 gives courts jurisdiction where manslaughters are committed abroad, but these crimes should not be included in recorded crime. Legal Definitions Corporate Manslaughter and Homicide Act 2007 Sec 1(1) “1 The offence (1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised - (a) causes a person’s death, and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.” Capable of Being Born Alive - Infant Life (Preservation) Act 1929 Capable of being born alive means capable of being born alive at the time the act was done. -
Arrangement of Sections
Criminal Law Act 1967 CHAPTER 58 ARRANGEMENT OF SECTIONS PART I FELONY AND MISDEMEANOUR Section 1. Abolition of distinction between felony and misdemeanour. 2. Arrest without warrant. 3. Use of force in making arrest, etc. 4. Penalties for assisting offenders. 5. Penalties for concealing offences or giving false information. 6. Trial of offences. 7. Powers of dealing with offenders. 8. Jurisdiction of quarter sessions. 9. Pardon. 10. Amendments of particular enactments, and repeals. 11. Extent of Part I, and provision for Northern Ireland. 12. Commencement, savings, and other general provisions. PART 11 OBSOLETE CRIMES 13. Abolition of certain offences, and consequential repeals. PART III SUPPLEMENTARY 14. Civil rights in respect of maintenance and champerty. 15. Short title. SCHEDULES: Schedule 1-Lists of offences falling, or not falling, within jurisdiction of quarter sessions. Schedule 2-Supplementary amendments. Schedule 3-Repeals (general). Schedule 4--Repeals (obsolete crimes). A Criminal Law Act 1967 CH. 58 1 ELIZABETH n , 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and BTemporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- PART I FELONY AND MISDEMEANOUR 1.-(1) All distinctions between felony and misdemeanour are J\b<?liti?n of hereby abolished. -
Criminal Law Act 1967
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967. (See end of Document for details) Criminal Law Act 1967 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] PART I FELONY AND MISDEMEANOUR Annotations: Extent Information E1 Subject to s. 11(2)-(4) this Part shall not extend to Scotland or Northern Ireland see s. 11(1) 1 Abolition of distinction between felony and misdemeanour. (1) All distinctions between felony and misdemeanour are hereby abolished. (2) Subject to the provisions of this Act, on all matters on which a distinction has previously been made between felony and misdemeanour, including mode of trial, the law and practice in relation to all offences cognisable under the law of England and Wales (including piracy) shall be the law and practice applicable at the commencement of this Act in relation to misdemeanour. [F12 Arrest without warrant. (1) The powers of summary arrest conferred by the following subsections shall apply to offences for which the sentence is fixed by law or for which a person (not previously convicted) may under or by virtue of any enactment be sentenced to imprisonment for a term of five years [F2(or might be so sentenced but for the restrictions imposed by 2 Criminal Law Act 1967 (c. -
Cases and Materials on Criminal Law
Cases and Materials on Criminal Law Michael T Molan Head ofthe Division ofLaw South Bank University Graeme Broadbent Senior Lecturer in Law Bournemouth University PETMAN PUBLISHING Contents Preface ix Acknowledgements x Table ofcases xi Table of Statutes xxiii 1 External elements of liability 1 Proof - Woolmington v DPP - Criminal Appeal Act 1968 - The nature of external elements - R v Deller - Larsonneur - Liability for omissions - R v Instan - R v Stone and Dobinson - Fagan v Metropolitan Police Commissioner - R v Miller - R v Speck - Causation in law -Äv Pagett - Medical treatment - R v Sw/YA - R v Cheshire - The victim's reaction as a «ovtt.j öcto interveniens — Rv Blaue - R v Williams 2 Fault 21 Intention -Äv Hancock and Shankland - R v Nedrick - Criminal Justice Act 1967 s.8 - Recklessness -fiv Cunningham - R v Caldwell - R v Lawrence - Elliott \ C -R\ Reid -Rv Satnam; R v Kevra/ - Coincidence of acft« re«i and /nens rea - Thabo Meli v R - Transferred malice -Rv Pembliton -Rv Latimer 3 Liability without fault 56 Cundy v Le Cocq - Sherras v De Rutzen - SWef v Parsley - L/OT CA/« /4/£ v R - Gammon Ltd v Attomey-General for Hong Kong - Pharmaceutical Society ofGreat Britain v Storkwain 4 Factors affecting fault 74 Mistake - Mistake of fact negativing fault -Rv Tolson - DPP v Morgan - Mistake as to an excuse or justification - R v Kimber - R v Williams (Gladstone) - Beckford v R - Intoxication - DPP v Majewski - Rv Caldwell - Rv Hardie - R v Woods - R v O'Grady - Mental Disorder - M'Naghten's Case -Rv Kemp - Rv Sullivan - R v Hennessy