Domestic Violence & Child Abuse Offences
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Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
Evidence in Criminal Proceedings Hearsay and Related Topics
Criminal Law EVIDENCE IN CRIMINAL PROCEEDINGS: HEARSAY AND RELATED TOPICS A Consultation Paper LAW COMMISSION CONSULTATION PAPER No 138 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 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. This Consultation Paper, completed for publication on 11 May 1995, 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 this Consultation Paper before 31 October 1995. All correspondence should be addressed to: Ms C Hughes Law Commission Conquest House 37-38 John Street Theobalds Road London WClN 2BQ (Tel: 0171- 453 1232) (Fax: 0171- 453 1297) It may be helpful for the Law Commission, either in discussion with others concerned or in any subsequent recommendations, to be able to refer to and attribute comments submitted in response to this Consultation Paper. Any request to treat all, or part, of a response in confidence will, of course, be respected, but if no such request is made the Law Commission will assume that the response is not intended to be confidential. The Law Commission Consultation Paper No 138 Criminal Law EVIDENCE IN CRIMINAL PROCEEDINGS: HEARSAY AND RELATED TOPICS -
'Ite Offences Against the Person
OFFENCES AGAINST THE PERSON ’ITE OFFENCES AGAINST THE PERSON ACT ARRANGEMENT OF SECTIONS 1. short title. Homicide 2. Capitall murders. 3. Sentence of death. Sentence of death not to be passed on pregnant mmm. Procedure where woman convicted of capital offence alleges she is pregnant. 3~.Life imprisonment for non-capital murder. 3~.Provisions as to procedure and regarding repulted and multiple murders. 3c. Proyisions as to appeab in relation to repeated and multiple murders. 3~.Provisions as to procedure regarding two or more murders tried together. 4. Abolition of ‘‘ms~~emalice’’. 5. Persons suffering from diminished responsibility. 6. Provocation. 7. suicide pact. 8. Conspiring or soliciting to commit murder. 9. Manslaughter. 10. Exasable homicide. 11. Petit tnasm. 12. Provision for trial of certain cases of murder or manslaryhtcr. Attempts to Murder 13. Administering poison, or wounding with intent to murder. 14. Destroying or damaging building with intent to murder. 15. Setting 6re to ship, etc., with intent to murder. 16. Attempting to administer poison, etc.. with intent to murder. 17. By other means attempting to commit murder. htters Threatening to Murder 18. Letters threatening to murder. [The inclusion of thiu page is authorized by L.N. 42/1995] OFFENCES A CAINST THE PERSON Acts Causing or Tending to Cause Donger to rife, or Bodily Harm 19. Preventing person endeavouring to save his life in shipwreck. 20. Shooting or attempting to shoot or wounding with intent to do grievous bodily harm. 21. What shall be deemed loaded arms. 22. Unlawful wounding. 23. Attempting to choke, etc., in order to commit indictable offence. -
Crime and Punishment Affray
(crime) CRIME AND PUNISHMENT Affr ay Armed – riding and going Arson and maiming Barretr y (causing unnecessary legal actions) Burglary Forcible Detainer Felonies: buggery, abduction, tongue or eyes, stealing records, multiplication of gold or silver, unlawful hunting, bigamy Forcible entry Larceny Murder and homicide Offences by officer s Rape and attempted rape Riot Robbery Suicide Theft Treason Witchcraf t AFFRAY Hale gave the following definition of affray: 'if weapons drawn, or stroke given or offered, but words no affray: menace to kill or beat, no affr ay, but yet for safeguard of peace, constable may bring them before Justice'. It would thus appear that in order to commit an affray a weapon must be drawn, or a stroke given or offered. In the event of an affray, if it wer e considerable, a private person might stop the affray and deliver them to the constable. If a person hurt another dangerously, a private person might arrest the offender , and bring him to gaol or to the next Justice. A constable or Jus tice must suppress all affrays . Affr ays were misdemeanours, not punishable by death. Where were they pros ecuted and how punished? KING S BENCH AND ASS IZES A first glance through the KB and ASS I material(to be checked with the machine) does not reveal any cases of simple affr ay being prosecuted. This would not be surprising, since the offence was not of a suf ficiently serious nature in itself to come to these courts. The one exception I have found occurred in the Assizes for 1603 when three EC yeomen were indicted for assaulting a man at Bures. -
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 -
Future Identities: Changing Identities in the UK – the Next 10 Years DR 19: Identity Related Crime in the UK David S
Future Identities: Changing identities in the UK – the next 10 years DR 19: Identity Related Crime in the UK David S. Wall Durham University January 2013 This review has been commissioned as part of the UK Government’s Foresight project, Future Identities: Changing identities in the UK – the next 10 years. The views expressed do not represent policy of any government or organisation DR19 Identity Related Crime in the UK Contents Identity Related Crime in the UK ............................................................................................................ 3 1. Introduction ......................................................................................................................................... 4 2. Identity Theft (theft of personal information) .................................................................................... 6 3. Creating a false identity ...................................................................................................................... 9 4. Committing Identity Fraud ................................................................................................................ 12 5. New forms of identity crime ............................................................................................................. 14 6. The law and identity crime................................................................................................................ 16 7. Conclusions ...................................................................................................................................... -
Combatting Online Harassment and Abuse: a Legal Guide for Journalists in England and Wales
MLA Safety Guide COMBATTING ONLINE HARASSMENT AND ABUSE: A LEGAL GUIDE FOR JOURNALISTS IN ENGLAND AND WALES June 2021 DISCLAIMER: This guide is for educational purposes only. Every situation is different. A person experiencing an online safety threat should listen to their instincts, discuss their concerns with trusted allies and experts in law enforcement or security. This guide is and should not be relied upon as legal advice. Specialist legal advice should be sought based upon the particular circumstances in which it is needed. 1 MLA Safety Guide Acknowledgements This guide has been written by Beth Grossman, a barrister at Doughty Street Chambers specialising in media law. Strategic input has been provided by Caoilfhionn Gallagher QC, a leading expert in international human rights law and the safety of journalists. This guide draws upon her experience of having advised and assisted journalists dealing with online harassment and fearing for their safety. The guide was commissioned by the Media Lawyers’ Association (MLA) and the Department for Digital, Culture, Media and Sport (DCMS). The DCMS commissioned this report as part of its commitment to the National Action Plan for Journalists’ Safety. However, the guide is entirely independent of the DCMS. The MLA is an association of in-house media lawyers from newspapers, magazines, book publishers, broadcasters and news agencies. It was formed to promote and protect freedom of expression, and the right to receive and impart information, opinions and ideas. Its members include in-house lawyers from all of the major UK publishers and broadcasters as well as international news organisations. Our thanks go to Cian Murphy,Sophie Argent, Zoe Norden and John Battle for their assistance with the preparation of this guide. -
Issues Paper on Cyber-Crime Affecting Personal Safety, Privacy and Reputation Including Cyber-Bullying (LRC IP 6-2014)
Issues Paper on Cyber-crime affecting personal safety, privacy and reputation including cyber-bullying (LRC IP 6-2014) BACKGROUND TO THIS ISSUES PAPER AND THE QUESTIONS RAISED This Issues Paper forms part of the Commission’s Fourth Programme of Law Reform,1 which includes a project to review the law on cyber-crime affecting personal safety, privacy and reputation including cyber-bullying. The criminal law is important in this area, particularly as a deterrent, but civil remedies, including “take-down” orders, are also significant because victims of cyber-harassment need fast remedies once material has been posted online.2 The Commission seeks the views of interested parties on the following 5 issues. 1. Whether the harassment offence in section 10 of the Non-Fatal Offences Against the Person Act 1997 should be amended to incorporate a specific reference to cyber-harassment, including indirect cyber-harassment (the questions for which are on page 13); 2. Whether there should be an offence that involves a single serious interference, through cyber technology, with another person’s privacy (the questions for which are on page 23); 3. Whether current law on hate crime adequately addresses activity that uses cyber technology and social media (the questions for which are on page 26); 4. Whether current penalties for offences which can apply to cyber-harassment and related behaviour are adequate (the questions for which are on page 28); 5. The adequacy of civil law remedies to protect against cyber-harassment and to safeguard the right to privacy (the questions for which are on page 35); Cyber-harassment and other harmful cyber communications The emergence of cyber technology has transformed how we communicate with others. -
A Comparative Study of White Collar Crime Prosecution in the United States and the United Kingdom Daniel Huynh
Journal of International Business and Law Volume 9 | Issue 1 Article 5 2010 Preemption v. Punishment: A Comparative Study of White Collar Crime Prosecution in the United States and the United Kingdom Daniel Huynh Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/jibl Recommended Citation Huynh, Daniel (2010) "Preemption v. Punishment: A Comparative Study of White Collar Crime Prosecution in the United States and the United Kingdom," Journal of International Business and Law: Vol. 9: Iss. 1, Article 5. Available at: http://scholarlycommons.law.hofstra.edu/jibl/vol9/iss1/5 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Journal of International Business and Law by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Huynh: Preemption v. Punishment: A Comparative Study of White Collar Cri PREEMPTION V. PUNISHMENT: A COMPARATIVE STUDY OF WHITE COLLAR CRIME PROSECUTION IN THE UNITED STATES AND THE UNITED KINGDOM Daniel Huynh * I. INTRODUCTION Compared to most types of crime, white collar crime is a relatively new phenomenon. After several high profile cases in the mid-1900's in the United States, white collar crime emerged into the national spotlight. The idea materialized that there should be a separate and distinct category of crime aside from the everyday common crimes, like murder or burglary. More recently, large-scale scandals and frauds have been uncovered worldwide -
University of Birmingham Teaching the Elements of Crimes
University of Birmingham Teaching the elements of crimes Child, John License: Other (please specify with Rights Statement) Document Version Peer reviewed version Citation for published version (Harvard): Child, J 2016, Teaching the elements of crimes. in K Gledhill & B Livings (eds), The teaching of criminal law: the pedagogical imperatives. Legal Pedagogy, Taylor & Francis. Link to publication on Research at Birmingham portal Publisher Rights Statement: This is an Accepted Manuscript of a book chapter published by Routledge/CRC Press in The Teaching of Criminal Law:The pedagogical imperatives, 1st Edition on 08/09/2016, available online: https://www.routledge.com/The-Teaching-of-Criminal-Law-The-pedagogical- imperatives/Gledhill-Livings/p/book/9781138841994 General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain. Where a licence is displayed above, please note the terms and conditions of the licence govern your use of this document. -
Crime (International Co-Operation) Act 2003
Source: http://www.legislation.gov.uk/ukpga/2003/32 Crime (International Co-operation) Act 2003 2003 CHAPTER 32 An Act to make provision for furthering co-operation with other countries in respect of criminal proceedings and investigations; to extend jurisdiction to deal with terrorist acts or threats outside the United Kingdom; to amend section 5 of the Forgery and Counterfeiting Act 1981 and make corresponding provision in relation to Scotland; and for connected purposes. [30th October 2003] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 MUTUAL ASSISTANCE IN CRIMINAL MATTERS CHAPTER 1 MUTUAL SERVICE OF PROCESS ETC. Service of overseas process in the UK 1Service of overseas process (1)The power conferred by subsection (3) is exercisable where the Secretary of State receives any process or other document to which this section applies from the government of, or other authority in, a country outside the United Kingdom, together with a request for the process or document to be served on a person in the United Kingdom. (2)This section applies— (a)to any process issued or made in that country for the purposes of criminal proceedings, (b)to any document issued or made by an administrative authority in that country in administrative proceedings, (c)to any process issued or made for the purposes of any proceedings on an appeal before a court in that country against a decision in administrative proceedings, (d)to any document issued or made by an authority in that country for the purposes of clemency proceedings. -
Grievous Bodily Harm – Provocation and Self Defence
Grievous bodily harm – provocation and self defence Date: Monday May 10, 2021 . A common criminal charge resulting from a physical altercation is ‘grievous bodily harm’ (often referred to as GBH). Many grievous body harm charges arise out of a fight scenario (often involving alcohol) – there is a verbal exchange, then a scuffle, before someone punches or kicks the other, causing serious injury. If you are the person who delivers the ‘final hit’, can you defend the charge? The law does not expect citizens to be passive when their safety is threatened by someone else. Sometimes an attacker may come off second best but it does not necessarily follow that the one who wins the fight has committed the crime. What is grievous bodily harm? Legally, the term ‘grievous bodily harm’ means an injury that causes: •the loss of a distinct part or an organ of the body; or •serious disfigurement; or •any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health. Options for the defence of self-defence The most common defence to grievous bodily harm charges is that of self-defence. The law relating to self-defence in the context of grievous bodily harm is split into two categories: 1. Self defence to an unprovoked assault; and 2. Self defence to a provoked assault. What is a provoked assault? A provoked assault involves an insult or act of such a nature to be likely to deprive an ordinary person of the power of self-control, and induce them to assault the person who insulted them.