Nature of Offence in UK Law

Leading Cases
  • Sweet v Parsley
    • House of Lords
    • 23 Enero 1969

    But in a very large number of cases there is no clear indication either way. In such cases there has for centuries been a presumption that Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did. That means that whenever a section is silent as to mens rea there is a presumption that, in order to give effect to the will of Parliament, we must read in words appropriate to require mens rea.

  • Kakis v Government of the Republic of Cyprus
    • House of Lords
    • 18 Mayo 1978

    "Unjust" I regard as directed primarily to the risk of prejudice to the accused in the conduct of the trial itself, "oppressive" as directed to hardship to the accused resulting from changes in his circumstances that have occurred during the period to be taken into consideration; but there is room for overlapping, and between them they would cover all cases where to return him would not be fair.

  • Norris v Government of the United States of America (No 2)
    • Supreme Court
    • 24 Febrero 2010

    The reality is that only if some quite exceptionally compelling feature, or combination of features, is present that interference with family life consequent upon extradition will be other than proportionate to the objective that extradition serves.

    It is at this point that it is legitimate for the judge to consider whether there are any relevant features that are unusually or exceptionally compelling. If, however, the nature or extent of the interference with article 8 rights is exceptionally serious, careful consideration must be given to whether such interference is justified. In such a situation the gravity, or lack of gravity, of the offence may be material.

    The importance of giving effect to extradition arrangements will always be a significant factor, regardless of the details of the particular offence. Usually the nature of the offence will have no bearing on the extradition decision. If, however, the particular offence is at the bottom of the scale of gravity, this is capable of being one of a combination of features that may render extradition a disproportionate interference with human rights.

  • Office of the King's Prosecutor, Brussels v Cando Armas and another
    • House of Lords
    • 17 Noviembre 2005

    But the liberty of the subject is at stake here, and generosity must be balanced against the rights of the persons who are sought to be removed under these procedures. But the task has to be approached on the assumption that, where there are differences, these were regarded by Parliament as a necessary protection against an unlawful infringement of the right to liberty.

  • Dabas v High Court of Justice in Madrid, Spain
    • House of Lords
    • 28 Febrero 2007

    In the light of this narrative I would have been willing to hold, had it been necessary to do so, that throughout the period of the conduct which is said to constitute the offence in this case the requirement of double criminality was satisfied. But it is the conduct for which extradition is sought, not any narrative that may be included in the Part 1 warrant simply by way of background, that must satisfy the test of double criminality.

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  • Firearms Act 1968
    • UK Non-devolved
    • 1 de Enero de 1968
    ... ... (1) Subject to any exemption under this Act, it is an offence for a person—(a) to have in his possession, or to purchase or acquire, a ... specify the conditions (if any) subject to which it is held, the nature and number of the firearms to which it relates F69, including if known ... ...
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... of care,other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be ... ” means—(a) any behaviour towards a service user that is an offence under the Sexual Offences Act 2003 ,(b) ill-treatment (whether of a ... ...
  • Companies Act 1985
    • UK Non-devolved
    • 1 de Enero de 1985
    ... ... person who authorised the issue of the prospectus is guilty of an offence and liable to imprisonment or a fine, or both, unless he proves ... application from any creditor, the names of those creditors and the nature and amount of their debts or claims; and(b) may publish notices fixing a ... ...
  • Insolvency Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ... ... who did not have a reasonable excuse for the failure commits an offence ... (5) If the monitor without reasonable excuse fails to comply with ... any security, other than a floating charge or a charge having the nature of a floating charge, which on the winding up of the company in Scotland ... ...
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Books & Journal Articles
  • The tribunal for serious fraud ‐ the continental European experience
    • No. 11-1, January 2004
    • Journal of Financial Crime
    • 28-37
    Outlines the extent and nature of white‐collar crime in Germany, and examines the attitudes towards sanctions against this type of offence in the work of the special tribunals in Germany and other ...
    ... ... over the years, enumerates those oenceswhich, by their very nature, are considered to formthe bulk of white-collar crime in Germany ... ...
  • In Court
    • No. 36-4, December 1989
    • Probation Journal
    ... ...  Monks (The Times, July 27 1989)the Court held that an offence" could ... Gatekeepina Custody for ... be considered ’so serious’\xC2" ... Nature of offence : Cases where the ... ...
  • Benefit of Probation
    • No. 3-3, November 1938
    • Probation Journal
    ... ... , character, health, mental con- dition, antecedents, trivial nature of the offence or extenuating circumstances. Which is it? I fear ... ...
  • Working With Clients in the Group Setting or Diversionary Therapy
    • No. 18-2, June 1972
    • Probation Journal
    ... ... There was, of course the novelty of the activity, but the nature of the activity itself enabled an end product to be seen which ... year some 75 per cent were not convicted of any other offence during the currency of their membership. Thirdly, that among the ... ...
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Law Firm Commentaries
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  • 28)
    • HM Courts & Tribunals Service court and tribunal forms
    • HM Courts & Tribunals Service
    Criminal Case Management forms including hearing forms.
    ... ... Name of Defence solicitor ... Nature of principal charge ... Date of offence ... 1) ... ... ...
  • Crown Court preliminary hearing form: multiple defendants (Section 28)
    • HM Courts & Tribunals Service court and tribunal forms
    Criminal Case Management forms including hearing forms.
    ... ... Fourth defendant: Defence solicitor ... Nature of principal charge ... Date of offence ... 1) ... ... ...
  • Apply to extend a representation order
    • HM Courts & Tribunals Service court and tribunal forms
    Crown Court forms including the form to extend a representation order.
    ... ...   ... Other exhibits ... ( specify the nature of the exhibits) ... 6   Unused material ... Extent of ... An offence under section 1 of the Geneva Conventions Act 1957; ... Terrorism ... ...
  • Form A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... © Crown Copyright 2020 ... Nature of application ... This application is for financial provision, including ... violence offence; ... evidence of a relevant police caution for a domestic violence ... ...
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