Nature of Offence in UK Law

Leading Cases
  • Sweet v Parsley
    • House of Lords
    • 23 Ene 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 May 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 Feb 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.

    I do not accept Mr Perry's submission that the gravity of the offence can never be of relevance where an issue of proportionality arises in the human rights context. 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.

  • Dabas v High Court of Justice in Madrid, Spain
    • House of Lords
    • 28 Feb 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.

  • HH v Deputy Prosecutor of the Italian Republic, Genoa
    • Supreme Court
    • 20 Jun 2012

    (7) Hence it is likely that the public interest in extradition will outweigh the article 8 rights of the family unless the consequences of the interference with family life will be exceptionally severe.

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Legislation
  • Road Traffic Offenders Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... (including the punishment without conviction) of road traffic offences with amendments to give effect to recommendations of the Law Commission ...a notice of the intended prosecution specifying the. nature of the alleged offence and the time and place. where it is alleged to have ......
  • 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 ...the nature and number of the firearms to which it relates and,. as respects ......
  • Companies Act 1985
    • UK Non-devolved
    • 1 de Enero de 1985
    ......company, and in England and Wales is of the nature of a. specialty debt. S-15 . Memorandum and articles of company ...is liable for each offence to a fine. S-20 . Issued copy of memorandum to embody alterations. 20 ......
  • Road Traffic Act 1972
    • UK Non-devolved
    • 1 de Enero de 1972
    ...... Principal Road Safety Provisions . Offences connected with driving of motor vehicles . Offences connected with driving ...regard to all the circumstances of the case, including the nature,. condition and use of the road, and the amount of traffic which. is ......
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Books & Journal Articles
  • The tribunal for serious fraud ‐ the continental European experience
    • Núm. 11-1, Enero 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
    • Núm. 36-4, Diciembre 1989
    • Probation Journal
    ...... Monks (The Times, July 27 1989)the Court held that an offence could. Gatekeepina Custody for. ...Nature of offence : Cases where the. ......
  • Benefit of Probation
    • Núm. 3-3, Noviembre 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
    • Núm. 18-2, Junio 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
  • Insiders, Outsiders, Rogues And Sophisticates: Lessons in Business Protection from the Coal Face Market Abuse and Investor Losses
    • JD Supra United Kingdom
    In This Presentation: - FSA Enforcement 2012 - Novel Approaches - Market Abuse- Insider dealing - Inside Info...
    ...... around £20,000 (before any deductions) – although depends on nature of offence  FSA tends to go after relevant business as well – where ......
  • Foul Play: When Workers 'Kick Off'
    • Mondaq United Kingdom
    ...... What if one of my employees is arrested and charged with an offence following an incident after a match? It is permissible to dismiss an ...The fairness of a dismissal in each case will depend on the nature of the employee's job in relation to the type of offence. In certain ......
  • The New U.K. Ownership and Control Transparency Regime (The PSC Regime)
    • JD Supra United Kingdom
    If you read one thing... - U.K. corporates required to identify and record identities (including home addresses) of 25%+ holders of economics/votes/control (“PSCs”) – exclu...
    ...... and maintain PSC register – non-compliance is a criminal offence and issuers may freeze all voting/dividend/transfer rights. . Will ire disclosure of nature and extent of interest and will extend to board control and shareholder ......
  • Are You Prepared For The New Corporate Tax Evasion Offence?
    • Mondaq UK
    ...... Risk assessment - assess the nature and extent of your exposure to the risk of individuals associated with you criminally facilitating tax evasion. Proportionality - ensure that your ......
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