Crime and Sentencing in UK Law
- anti social behaviour
- child offender
- criminal practice
- financial crimes
- misuse of drugs
- nature of offence
- offences against the person
- offences involving property
- official secrets
- parties to crime
- public order
- road traffic and transportation offences
- serious organised crimes
- sexual offences
- weapons and firearms
- wildlife offences
R (Razgar) v Secretary of State for the Home Department
(4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others?
Woolmington v DPP
Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.
R v Galbraith
(b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability, or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the Judge should allow the matter to be tried by the jury. (b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability, or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the Judge should allow the matter to be tried by the jury.
R v Boardman
The test must be—is the evidence capable of tending to persuade a reasonable jury of the accused's guilt on some ground other than his bad character and disposition to commit the sort of crime with which he is charged? The similarity would have to be so unique or striking that common sense makes it inexplicable on the basis of coincidence.
Norris v Government of the United States of America (No 2)
It is of critical importance in the prevention of disorder and crime that those reasonably suspected of crime are prosecuted and, if found guilty, duly sentenced. Extradition is part of the process for ensuring that this occurs, on a basis of international reciprocity. It is instructive to consider the approach of the Convention to dealing with criminals or suspected criminals in the domestic context.
Rookes v Barnard
Where a Defendant with a cynical disregard for a Plaintiff's rights has calculated that the money to be made out of his wrong-doing will probably exceed the damages at risk, it is necessary for the law to show that it cannot be broken with impunity.
Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.
Serious Crime Act 2015
...... . . "(3A) In this section "priority order" means any of the following-. . (a) a compensation order under section 130 of the Sentencing Act;. . . (b) an order requiring payment of a surcharge under section 161A of the Criminal Justice Act 2003;. . . (c) an unlawful profit order ......
Criminal Justice and Courts Act 2015
...... . . (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding ... of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of offenders under 18 convicted of certain ......
Modern Slavery Act 2015
......Penalties and sentencing Penalties and sentencing . S-5 . Penalties 5 Penalties . (1) A person ... (1) Schedule 2 to the Proceeds of Crime Act 2002 (criminal lifestyle offences in England and Wales) is amended as ......
Crime and Courts Act 2013
...... (1) Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (where child remanded to youth detention accommodation, court must designate local authority to look after child ......
Sentencing Policy and Economic Crime
The aim of this article is to examine those philosophical and structural factors which have been responsible for shaping sentencing policy for economic crime in the UK and to analyse some key decis...
Hitting the suite spot: sentencing frauds
Purpose: The purpose of this paper is to generate data on sentencing within a framework that enables clearer understanding of the sentencing policy options. Design/methodology/approach: Descriptiv......... the form of descriptive statistics on sentencing, and the relationship of this to principles of sentencing and sub-types of fraud/organised crime offenders. Findings – Fraud cases seldom attract severe sanctions where, as in the case of frauds against the EU, there are institutional ......
Adequacy of law enforcement and prosecution of economic crimes in South Africa
Purpose: Economic crime is a serious challenge to business leaders, government officials and private individuals in South Africa. Given the important role of law enforcement, prosecution and senten......... and senten cing in deterring economic crimes, the purpose of thi s paper is to determine if law enforcement, pro secution and sentencingpractices are deemed to be adequate in South Africa. Design/methodology/approach – Primary data from Web-basedand manual questionnaires were used to ......
New developments in Hong Kong’s anti-money laundering laws
Purpose: The purpose of this paper is to discuss briefly new developments in Hong Kong’s (HK) Anti-Money Laundering (AML) laws, both in terms of case law and legislation. Design/methodology/approa......... HK’s Court of Final Appeal relating to the dealing of proceeds of crime offence. Also, a guideline case on sentencing is also examined. In terms ......
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- The Hacker, Bitcoin, The Proceeds Of Crime Act And The Criminal Courts (Sentencing) Act
- Exemplary Sentencing For Terrorist Offenders: Umar Azmeh Writes For The Criminal Law Review