DOCSLIB.ORG

CHAPTER 10:01 CRIMINAL LAW (PROCEDURE) ACT ARRANGEMENT of SECTIONS PRELIMINARY 1. Short Title. 2. Interpretation. 3. Application

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 3 CHAPTER 10:01 CRIMINAL LAW (PROCEDURE) ACT ARRANGEMENT OF SECTIONS PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Application of the Act. PART I GENERAL PROVISIONS TITLE 1—BUSINESS OF THE COURT 4. Appointment of causes to be tried on each day of the sitting. 5. Time of trial of causes. 6. Adding cause after transmission of list. 7. Calendar of causes for trial. 8. State prosecutors. 9. Jurisdiction with respect to counties. 10. Bringing of prisoners before the Court for trial. 11. Discontinuance of proclamation against vice. Gaol Delivery 12. Prisons to be delivered at sittings of the Court. 13. Bringing of certain classes of prisoners before the court for delivery. 14. Right of prisoner in certain cases to be tried or bailed. 15. Prisoners entitled to be discharged. 16. Procedure of the Court in matters not provided for. L.R.O. 3/1998 LAWS OF GUYANA 4 Cap. 10:01 Criminal Law (Procedure) TITLE 2—LAW AND PRACTICE AS TO JURIES SECTION 17. Constitution of jury. 18. Abolition of jury de mediatate linguae. Qualification of Jurors and Jury Lists 19. Qualification of Jurors. 20. Disqualification of certain persons from jury service. 21. Exemption of certain persons. 22. Disqualification or exemption to be claimed on revision of jury list. 23. Information to Registrar for preparation of lists. 24. Publication of list by Registrar. 25. Revision of lists. 26. Appeal from decision of revising officer. 27. Jurors’ book to be true record of jurors. Summoning Jurors 28. Mode of selecting jurors to form panel. 29. Service of the summons. 30. Delivery of panel. 31. Composition of jury in certain cases. 32. Challenges to the array. 33. Number of jury. Continuance of trial where juror dies or becomes incapable. 34. Duties of members of police force. 35. Transfer of causes from one court to another. Empanelling the Jury 36. Mode of choosing jury. 37. Pieces of card etc. kept apart till discharge of jury. 38. Peremptory challenges. 39. Challenges for cause. 40. Default of jurors. LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 5 SECTION 41. Trial of successive issues by the same jury. 42. Counting and swearing jurors. Fees of Jurors 43. Payment of jurors. Supplemental Provisions 44. View by jury of place or persons, connected with cause. 45. Discharge of jurors from attendance. 46. (1) Partiality of Registrar. (3) Failure to comply with order. (4) Definition of “Registrar” in this Title. 47. Procedure as to juries in matters not provided for. PART II PROCEEDINGS BEFORE A MAGISTRATE TITLE 3 — ENFORCEMENT APPEARANCE OF ACCUSED PERSON 48. When magistrate may compel appearance before him of accused person. 49. Magistrate may inquire into suspected offence; Fourth Schedule. Search Warrant 50. When search warrant may be issued, and proceedings there- under. Complaint or Information 51. Reception of complaint or information. L.R.O. 3/1998 LAWS OF GUYANA 6 Cap. 10:01 Criminal Law (Procedure) Summons to Accused Persons SECTION 52. (1) Issue, contents and service of summons. (5) Proof of service of process by bailiff or constable. Warrant for Apprehension of Accused Person 53. Issue of warrant of apprehension in first instance. 54. Power of justice of the peace to issue warrant in certain cases. 55. Magistrate may direct security to be taken. TITLE 4—PROCEEDINGS ON APPEARANCE OF ACCUSED PERSON 56. Disposal of person apprehended upon warrant. 57. Offence committed out of jurisdiction of investigating magistrate. 58. Director of Public Prosecutions may order a change of venue in the case of a preliminary inquiry. Irregularity 59. Irregularity in summons, warrant, service or arrest. Witnesses 60. Application of law with respect to witnesses. 61. (1) Local inspection and examination of injured person. (2) Penalty for non-compliance with order to examine. Proceedings at Preliminary Inquiry 62. General discretionary powers of magistrate with respect to mode of holding inquiry. 63. Restriction on publication of report of preliminary inquiry. 64. Proceedings in camera. 65. Taking of evidence for prosecution. 66. Charging accused person. 67. Taking evidence for defence. LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 7 SECTION 68. Marking exhibits. 69. Deposition of witness not able to attend through illness. Discharge 70. Discharge of accused person. 71. (1) Costs and expenses of frivolous or vexatious complaint or information. (3) Appeal. Committal for Trial 72. Committal of accused person for trial. 73. Power of Director of Public Prosecutions to remit case for committal. 74. Copy of depositions for accused person. 75. Binding over to give evidence. TITLE 5 - PROCEEDINGS SUBSEQUENT TO COMMITTAL OF ACCUSED PERSON 76. Transmission of documents relating to cause. 77. Deposition of witness after committal of accused person. 78. Power to Director of Public Prosecutions to remit cause for further inquiry. 79. Power to Director of Public Prosecutions to remit cause to be dealt with summarily. 80. Further provisions as to remission of case. 81. Conditions under which witnesses at a preliminary inquiry need not be called at the trial. TITLE 6—BAIL 82. Right of accused person to bail. (a) Continuous bail. (b) Saving. 83. Bailing of accused on adjournment of inquiry. L.R.O. 3/1998 LAWS OF GUYANA 8 Cap. 10:01 Criminal Law (Procedure) SECTION 84. Committal of accused person to prison for safe custody pending preliminary inquiry. 85. Bailing accused person on committal for trial. 86. Conveying accused person to prison after committal for trial. 87. Bailing accused person after committal for trial. 88. Power of the Court or judge to bail accused person. 89. Apprehension of accused person on bail but about to abscond. 90. (1) Amount of bail. (3) Bailing infant. PART III PROCEEDINGS IN THE COURT TITLE 7—MODE OF TRIAL 91. General mode of trial. 92. Trial at bar. 93. Saving of right of Director of Public Prosecutions to file information for misdemeanour. 94. Meaning of “the rules”. 95. Rule Committee. 96. Presentation and sufficiency of indictments. 97. Joinder of charges in the same indictment. 99. Orders for amendment of indictment, separate trial and post- ponement of trial. 99. Saving. TITLE 8—PLEADINGS Indictment 100. Variances and amendments. 101. When full offence charged and attempt proved. 102. Case of attempt charged—full offence proved. 103. Full offence charged—part proved. 104. Misdemeanour charged—felony proved. 105. Embezzlement charged—larceny proved and vice versa. LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 9 SECTION 106. Joinder of counts and proceedings thereon. 107. Objection to substance of indictment. Pleas 108. Special pleas allowed to be pleaded. 109. General effect of pleas of autrefois acquit and convict. 110. Effect where previous offence charged was without aggrava- tion. 111. Use of depositions on former trial on trial of pleas. 112. Plea of justification in case of libel. 113. Application of previous provisions to criminal information. TITLE 9 - PROCEEDINGS PRELIMINARY TO TRIAL 114. Institution of proceedings by Director of Public Prosecutions. 115. Right of Director of Public Prosecutions to enter nolle prosequi. 116. Filing and service of copy of indictment. 117. Bench warrant where accused person does not appear. 118. Abolition of trial on coroner’s inquisition. 119. Change of venue and proceedings thereon. 120. Abolition of outlawry. TITLE 10—WITNESSES Attendance of Witness 121. Attendance of witness bound by recognizance to attend. 122. Writ of subpoena for witness. 123. Preparation and issue of writ. 124. Service of writ. 125. Warrant for apprehension of witness disobeying summons. 126. Warrant for apprehension of witness not attending on recogni- zance. 127. Penalty for non-attendance of witness. 128. Warrant for apprehension of witness in first instance. 129. List of witnesses not required to be filed. L.R.O. 3/1998 LAWS OF GUYANA 10 Cap. 10:01 Criminal Law (Procedure) Examination of Witness SECTION 130. Mode of dealing with witness refusing to be sworn or to give or produce evidence. 131. Non-attendance of witness at adjourned trial. 132. Procedure with respect to witnesses where trial is postponed. Remuneration of Witness 133. Remuneration and travelling expenses of witnesses. TITLE 11—TRIAL Records 134. Form and particulars of minutes of proceedings on trial. 135. Original record of proceedings. 136. Furnishing the Minister with copies of records. Arraignment 137. Bringing prisoner up for arraignment. 138. Postponement of trial. 139. Arraignment of accused person. 140. Procedure on indictment containing count charging previous conviction. 141. Proof of previous conviction. 142. Proof of previous trial on trial for perjury. Plea 143. Abolition of pleas in abatement. 144. Pleading and refusal to plead. 145. Effect of plea of not guilty. 146. Recording plea. 147. Abolition of inquiry as to property or flight in treason. LAWS OF GUYANA Criminal Law (Procedure) Cap. 10:01 11 Further Proceedings at Trial SECTION 148. Case for the prosecution. 149. Case for the defence. 150. Right of reply. 151. Procedure where person is committed for trial through error. 152. Adjournment, or discharge of jury and postponement, of trial. 153. Recalling witness. 154. Summing up. 155. Consideration of verdict. 156. Retirement of jury for consideration of verdict. 157. Communication with jury while in retirement considering verdict. 158. Accommodation of jury kept together or in retirement. 159. Number of jurors required to find verdict. 160. Delivery of verdict. Recording of verdict. 161. (1) Verdict of not guilty. (2) Plea or verdict of guilty, motion in arrest of judgment and sentence. 162. Motion in arrest of judgment. 163. Recording judgment. 164. Sentence of death. 165. Special provision for saving validity of verdict in cases of larceny embezzlement and the like. 166. Abolition of attainder for forfeiture and escheat. 167. Sentence of death not to be passed on pregnant woman. 168.
Recommended publications
  • Criminal Code 2003.Pmd 273 11/27/2004, 12:35 PM 274 No

    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.
  • Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency

    Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency

    International Law Research; Vol. 6, No. 1; 2017 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: November 20, 2016 Accepted: February 19, 2017 Online Published: March 7, 2017 doi:10.5539/ilr.v6n1p1 URL: https://doi.org/10.5539/ilr.v6n1p1 1. INTRODUCTION Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.1 The purpose of this article is to consider the crime of public nuisance (also called common nuisance), a common law crime. The word 'nuisance' derives from the old french 'nuisance' or 'nusance' 2 and the latin, nocumentum.3 The basic meaning of the word is that of 'annoyance';4 In medieval English, the word 'common' comes from the word 'commune' which, itself, derives from the latin 'communa' - being a commonality, a group of people, a corporation.5 In 1191, the City of London (the 'City') became a commune. Thereafter, it is usual to find references with that term - such as common carrier, common highway, common council, common scold, common prostitute etc;6 The reference to 'common' designated things available to the general public as opposed to the individual. For example, the common carrier, common farrier and common innkeeper exercised a public employment and not just a private one.
  • Reforming the Crime of Libel

    Reforming the Crime of Libel

    View metadata, citation and similar papers at core.ac.uk brought to you by CORE NYLS Law Review Vols. 22-63 (1976-2019) Volume 50 Issue 1 International and Comparative Perspectives on Defamation, Free Speech, and Article 7 Privacy January 2006 Reforming the Crime of Libel Clive Walker University of Leeds School of Law Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Criminal Law Commons, First Amendment Commons, and the International Law Commons Recommended Citation Clive Walker, Reforming the Crime of Libel, 50 N.Y.L. SCH. L. REV. (2005-2006). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. \\server05\productn\N\NLR\50-1\NLR106.txt unknown Seq: 1 20-FEB-06 12:31 REFORMING THE CRIME OF LIBEL CLIVE WALKER* I. INTRODUCTION Criminal libel has a long and troubled history — longer and even more troubled than its counterpart in civil law. In its early guises, it was notable as an instrument of state repression alongside other variants of libel such as blasphemy and sedition and, in part, as a corrective to the end of press licensing. But its usage in the nineteenth and twentieth centuries became less state-oriented. Though its status as a crime inevitably brings with it an element of official sanction, criminal libel has latterly evolved as the weapon of most destruction in the arsenal of libel law. In this role, it has be- come a rarity but has survived attempts at eradication in England and Wales and even the United States.
  • Universidad Autónoma De Madrid Facultad De Derecho

    Universidad Autónoma De Madrid Facultad De Derecho

    UNIVERSIDAD AUTÓNOMA DE MADRID FACULTAD DE DERECHO TESIS DOCTORAL CONSPIRACY. A CONCEPTUAL GENEALOGY (THIRTEENTH TO EARLY EIGHTEENTH CENTURY) Autor Víctor Manuel Saucedo Maqueda Directores Carlos Petit Calvo Jesús Vallejo Fernández de la Reguera Madrid, 2017 1 TABLE OF CONTENTS Table of Contents .......................................................................................................................... 2 Abbreviations ................................................................................................................................ 8 Introducción ................................................................................................................................ 11 Getting Ready for Work ............................................................................................................. 13 The Mystery of Conspiracy ....................................................................................................... 13 Frames ...................................................................................................................................... 16 Prototype Theory ...................................................................................................................... 19 Mappings, Mental Spaces and Blends ...................................................................................... 21 The Law of Conspiracy ............................................................................................................. 31 1. The Historiography of the Law of
  • Measuring the World's Blasphemy Laws

    Measuring the World's Blasphemy Laws

    RESPECTING RIGHTS? Measuring the World’s Blasphemy Laws U.S. COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM A gavel is seen in a hearing room in Panama City April 7, 2016. REUTERS/Carlos Jasso UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM RESPECTING RIGHTS? Measuring the World’s Blasphemy Laws By Joelle Fiss and Jocelyn Getgen Kestenbaum JULY 2017 WWW.USCIRF.GOV COMMISSIONERS Daniel Mark, Chairman Sandra Jolley, Vice Chair Kristina Arriaga de Bucholz, Vice Chair Tenzin Dorjee Clifford D. May Thomas J. Reese, S.J. John Ruskay Jackie Wolcott Erin D. Singshinsuk Executive Director PROFESSIONAL STAFF Dwight Bashir, Director of Research and Policy Elizabeth K. Cassidy, Director of International Law and Policy Judith E. Golub, Director of Congressional Affairs & Policy and Planning John D. Lawrence, Director of Communications Sahar Chaudhry, Senior Policy Analyst Elise Goss-Alexander, Researcher Andrew Kornbluth, Policy Analyst Tiffany Lynch, Senior Policy Analyst Tina L. Mufford, Senior Policy Analyst Jomana Qaddour, Policy Analyst Karen Banno, Office Manager Roy Haskins, Manager of Finance and Administration Travis Horne, Communications Specialist This report, containing data collected, coded, and analyzed as of June 2016, was overseen by Elizabeth K. Cassidy, J.D., LL.M, Director of International Law and Policy at the U.S. Commis- sion on International Religious Freedom. At USCIRF, Elizabeth is a subject matter expert on international and comparative law issues related to religious freedom as well as U.S. refugee and asylum policy.
  • Criminal Defamation: Still “An Instrument of Destruction” in the Age of Fake News

    Criminal Defamation: Still “An Instrument of Destruction” in the Age of Fake News

    CRIMINAL DEFAMATION: STILL “AN INSTRUMENT OF DESTRUCTION” IN THE AGE OF FAKE NEWS Jane E. Kirtley* & Casey Carmody** I. INTRODUCTION When Bangladeshi journalist Abdul Latif Morol, a correspondent for the Daily Probaha, used Facebook on August 1, 2017 to relay reports about the death of a goat, he was not expecting to be the target of a criminal defamation prosecution.1 The previous day, Bangladesh’s Minister of State for Fisheries and Livestock Narayan Chandra Chanda donated the goat to a poor farmer in Dumuria during an event sponsored by the government’s local livestock department.2 Following the event, news organizations published stories noting that the goat had died overnight. Morol took to Facebook to report the information, writing, “Goat given by state minister in the morning dies in the evening.”3 Soon after the post was published, fellow journalist Subrata Faujdar, a correspondent for the Daily Spandan, filed a criminal defamation complaint against Morol.4 Faujdar claimed that Morol’s post, which also contained a photo of the minister, was intended to demean the official.5 Faujdar was a supporter of the ruling party in Bangladesh and filed the complaint because * Silha Professor of Media Ethics and Law, and Director, Silha Center for the Study of Media Ethics and Law, Hubbard School of Journalism and Mass Communication, University of Minnesota; Affiliated Faculty Member, University of Minnesota Law School. ** PhD Candidate, Hubbard School of Journalism and Mass Communication, University of Minnesota. The authors gratefully acknowledge the research assistance of Scott Memmel, PhD candidate and editor Silha Bulletin, Hubbard School of Journalism and Mass Communication, University of Minnesota, in the preparation of this article.
  • Under What Circumstances, If Any, Should Lies Be Made Criminal? Bryan H

    Under What Circumstances, If Any, Should Lies Be Made Criminal? Bryan H

    Journal of Criminal Law and Criminology Volume 101 | Issue 2 Article 5 Spring 2011 The rC iminalization of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal? Bryan H. Druzin Jessica Li Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons Recommended Citation Bryan H. Druzin and Jessica Li, The Criminalization of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal?, 101 J. Crim. L. & Criminology 529 (2013). https://scholarlycommons.law.northwestern.edu/jclc/vol101/iss2/5 This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/11/10102-0529 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 101, No. 2 Copyright © 2011 by Northwestern University School of Law Printed in U.S.A. THE CRIMINALIZATION OF LYING: UNDER WHAT CIRCUMSTANCES, IF ANY, SHOULD LIES BE MADE CRIMINAL? BRYAN H. DRUZIN∗ & JESSICA LI** This Article argues that lying should be a crime. In doing so, we propose the creation of a wholly new category of crime, which we term “egregious lying causing serious harm.” The Article has two broad objectives: the first is to make the case why such a crime should even exist, and the second is to flesh out how this crime might be constructed. The main contribution of the Article lies in the radical nature of its stated aim: the outright criminalization of certain kinds of lies.
  • Criminal Code St Kitts and Nevis. Cap

    Criminal Code St Kitts and Nevis. Cap

    No. of 20[ ] Criminal Code ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title and commencement. 2. Exclusion and saving of other laws. 3. Interpretation. 4. Definition of certain terms, etc. 5. Construction. 6. Construction of ―on conviction on indictment.‖ 7. Construction of ―on summary conviction‖ etc. 8. Jurisdiction. PART II CRIMINAL RESPONSIBILITY 9. Application of Part II. 10. Ignorance of law no excuse. 11. Accident etc. 12. Motive. 13. Ignorance or mistake of fact or of law. 14. Extraordinary emergencies. 15. Presumption of sanity. 16. Insanity. 17. Intoxication. 18. Intention in relation to intoxication. 19. Age of criminal responsibility. 20. Age of child. 21. Judicial officers. 22. Acts done in execution etc of provision of law. 23. Compulsion of husband. 24. No conspiracy between husband and wife alone. 25. Criminal responsibility of husband and wife for acts done by either with respect to the other’s property. 26. Offences by partners and members of companies with respect to partnership or corporate property. PART III DEFENCES Consent 27. Claim of right. 28. Provisions relating to consent. 29. Extent of justification. 30. Use of force in case of consent of the person against whom it is used. Justifiable Force and Harm 31. Justification of person aiding another person in use of justifiable force. 32. Use of force in arrest, detention, or recapture of person committing indictable offence. 33. Use of force to arrest, detain, or search a person otherwise than for an indictable offence. 34. Bona fide assistant and Superintendent of Prisons. 35. Bona fide execution of defective warrant or process.
  • Libel and Slander in the Polish Statutory Law and English Common Law

    Libel and Slander in the Polish Statutory Law and English Common Law

    STUDIES IN LOGIC, GRAMMAR AND RHETORIC 38 (51) 2014 DOI: 10.2478/slgr-2014-0040 Katarzyna Strębska University of Silesia WAGING WARS WITH WORDS – LIBEL AND SLANDER IN THE POLISH STATUTORY LAW AND ENGLISH COMMON LAW Abstract. This paper aims to investigate the differences between the concepts of libel and slander as understood by the Polish statutory and English common law. As it turns out, the above terms are not only divergent with regard to language (varying linguistic contexts) but also with regard to corresponding acts in the real world. Western cultures cherish such values as dignity, honour and self-fulfillment as the underlying rights of a citizen in democratic countries. The above terms are being constantly referred to in international treaties and conventions but the question which should be asked is whether they receive due attention in legal practice. As regards interpretation, not only in theory (which is rather scarce, espe- cially in common law), but also in practice (the court verdicts in cases dealing with libel and slander) the important issue is not how the defamatory state- ment makes the person referred to feel, but the impression it is likely to make on those reading it (McBride, Bagshaw, 2008 in: Quinn, 2007:209). The subsequent analysis of particular cases in the practical part supports the above claim. Although it is reiterated by the Polish legal academics that civil regulations are not sufficient to guarantee legal protection of dignity, there is an equal or even greater amount of supporters of the broadly conceived “freedom of speech”. The discussion might be summarized as involving the proponents of liberal and democratic policies on the one hand, and those who wish to avoid complete decriminalization of libel and slander and deem them necessary components of balance in a democratic state.
  • Conceptualizing Inchoate Complicity: the Normative and Doctrinal Case for Lesser Offenses As an Alternative to Complicity Liability

    Conceptualizing Inchoate Complicity: the Normative and Doctrinal Case for Lesser Offenses As an Alternative to Complicity Liability

    Document1 (Do Not Delete) 5/10/2016 8:15 PM CONCEPTUALIZING INCHOATE COMPLICITY: THE NORMATIVE AND DOCTRINAL CASE FOR LESSER OFFENSES AS AN ALTERNATIVE TO COMPLICITY LIABILITY DENNIS J. BAKER* TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 504 II. HISTORY AND DOCTRINE .............................................................. 509 III. THE LETTER OF THE LAW UNDER THE SERIOUS CRIME ACT 2007 .......................................................................................................... 514 IV. RECKLESSLY ENCOURAGING AND ASSISTING SEVERAL AND ALTERNATIVE CRIMES ........................................................................ 532 V. ENCOURAGING AND ASSISTING AN INNOCENT AGENT .................................................................................................................. 537 VI. CAUSATION, ACT CAPABLENESS, AND IMPOSSIBILITY ....... 540 VII. IMPOSSIBILITY AND CAPABILITY ............................................ 552 VIII. WHEN IS TRIVIAL ENCOURAGEMENT CAPABLE OF ENCOURAGING? ................................................................................... 557 IX. ATTEMPTS TO ATTEMPT AND THE SERIOUS CRIME ACT 2007 .................................................................................................................. 566 X. REMOTE ENCOURAGEMENT ........................................................ 575 XI. CONCLUSION .................................................................................. 586 * (M.Phil., Ph.D.
  • A Selection of Leading Cases in the Criminal Law (Founded on Shirley's Leading Cases), with Notes

    A Selection of Leading Cases in the Criminal Law (Founded on Shirley's Leading Cases), with Notes

    "A.^ ,' ag- STEVENS ANE, LONDON. Tf^TABlI R OF ISSUE. La\^ ORIS. THE C. OLDEST- UNIVERSITY STEVENS Proprietors of these old-cs OF CALIFORNIA addition to the many im*pro they have now j»r Summary of uiotlo anan; LOS ANGELES pvc'i'v Oaso o Tho Sta'. by the Queen's Printers, and SCHOOL OF LAW Mews' A of the Superior Courts will LIBRARY it at a reduced rate. Subscribe, rs will find 1. Concisei (Ml thcqi.. >js.i^ i.\,r,r\jata iiiive never been impeached. 2. Speedy Publication of the Cases. This is now a leailiug feature, the Reports being pubhshed as speedily as possible, consistent with good reporting and editing ; and the Weekly Edition includes Notes of all Cases up to date. 3. Simplicity of Arrangement and Facility of Reference. Tliure is oidy One Volume in each year for each Division of the Courts. 4. Economy. Annual Subsceiption feom January, 1895. Reports with Quarterly Digest £2:18:0 - „ ,, ,, ,, and Statutes - - -3:4:0 Reports, Digest, Statutes, and Mews' Annual Digest - - 3:10:0 5. Complete Quarterly Digest. This is an Alphabetical Digest of the Subject-Matter of every Reported Case in the Law Journal Repoets, Law Repokts, Law Times, Weekly Repoetee, Times Law Repoets, &c. SubBcribetB to the LAW JOURNAL REPORTS have the additional advantage of obtaining, for a further Subscription of £1 per annum, THE LAW JOURNAL NEWSPAPER, Published Weekly (price 6d.), containing the best weekly Notes of all decided Cases of the week. New Orders and Rules of Court, Cause Lists, Articles by Eminent Specialists ' / ^n Personal Information, Notices of all new Law Books, &c.
  • Obscenity in Modern English Law

    Obscenity in Modern English Law

    OBSCENITY IN MODERN ENGLISH LAW J. E. HALL WILLIAMS* Members of the jury, the charge against the accused is one of publishing what is called an obscene libel .... The verdict that you will give is a matter of the utmost consequence, not only to the accused but also to the community in general. It is of great importance in relation to the future of the -novel in the civilized world .... Your verdict will have a great bearing upon where the line is drawn between liberty and that freedom to read and think as the spirit moves us, on the one hand, and, on the other, a licence that is an affront to the society of which each of us is a member. The discharge of this important duty rests fairly and squarely on your shoulders. It was with these striking words that Stable, J., began his remarkable direction to the jury in the case of Regina v.Martin Secker & Warburg, Ltd. at the Central Criminal Court in London on July 2,1954.1 The wise guidance contained in the rest of the summing up and the jury's subsequent acquittal of this reputable firm of publishers did much to allay the fears of those who were anxious about the trend of recent obscenity prosecutions. There had been a fresh wave of such cases, quite as disturbing as anything which occurred in the X920's and i93o's, and the Warburg case was a welcome sign that all was not lost, even in the courts, in the cause of literary freedom.