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.

  • 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.

  • R (on the application of T) v Chief Constable of Greater Manchester
    • Supreme Court
    • 18 Junio 2014

    That is so, as the court explained in MM, because of the cumulative effect of the failure to draw any distinction on the basis of the nature of the offence, the disposal in the case, the time which has elapsed since the offence took place or the relevance of the data to the employment sought, and the absence of any mechanism for independent review of a decision to disclose data under section 113A.

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Legislation
  • 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 ... ...
  • 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 ... ...
  • Misuse of Drugs Act 1971
    • UK Non-devolved
    • 1 de Enero de 1971
    ... ... (2) Subject to section 28 of this Act, it is an offence for a person—(a) to produce a controlled drug in contravention of ... this Act specified in the first column of the Schedule (the general nature of the offence being described in the second column) —(a) the third ... ...
  • Road Traffic Offenders Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ... ... to section 2 of this Act, F1a person shall not be convicted of an offence to which this section applies unless—(a) he was warned at the time the ... of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have ... ...
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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
  • 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 Information - No Penalty – s123(2) FSMA - Back...
    ... ... normally around 20,000 (before any deductions) although depends on nature of offence FSA tends to go after relevant business as well where it ... ...
  • 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”) – exclusion for most U....
    ... ... and maintain PSC register – non-compliance is a criminal offence and issuers may freeze all voting/dividend/transfer rights ... Will uire 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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Forms
  • 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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