Criminal Code 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.

    In the first place a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stimga. So he would have to consider whether, in a case of this gravity, the public interest really requires that an innocent person should be prevented from proving his innocence in order that fewer guilty men may escape.

  • R (Pretty) v DPP
    • House of Lords
    • 29 Noviembre 2001

    I would for my part question whether, as suggested on his behalf, the Director might not if so advised make a public statement on his prosecuting policy other than in the Code for Crown Prosecutors which he is obliged to issue by section 10 of the Prosecution of Offences Act 1985. Plainly such a step would call for careful consultation and extreme circumspection, and could be taken only under the superintendence of the Attorney General (by virtue of section 3 of the 1985 Act).

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 Febrero 1972

    Logical analysis forces the conclusion therefore that in the result there would in a civil action have been punishment for conduct not particularised in any criminal code and that such punishment had taken the form of a fine not receivable by the State but as a sort of bonus by a private individual who would apart from it be solaced for the wrong done to him.

  • DPP for Northern Ireland v Lynch
    • House of Lords
    • 12 Marzo 1975

    In posing the case where someone is "really" threatened I use the word "really" in order to emphasise that duress must never be allowed to be the easy answer of those who can devise no other explanation of their conduct nor of those who readily could have avoided the dominance of threats nor of those who allow themselves to be at the disposal and under the sway of some gangster-tyrant. Where duress becomes an issue courts and juries will surely consider the facts with care and discernment.

  • R (Purdy) v DPP
    • House of Lords
    • 30 Julio 2009

    I would therefore allow the appeal and require the Director to promulgate an offence-specific policy identifying the facts and circumstances which he will take into account in deciding, in a case such as that which Ms Purdy's case exemplifies, whether or not to consent to a prosecution under section 2(1) of the 1961 Act.

  • Patrick Reyes v The Queen
    • Privy Council
    • 11 Marzo 2002

    A generous and purposive interpretation is to be given to constitutional provisions protecting human rights. The court has no licence to read its own predilections and moral values into the constitution, but it is required to consider the substance of the fundamental right at issue and ensure contemporary protection of that right in the light of evolving standards of decency that mark the progress of a maturing society (see Trop v Dulles, above, at 101).

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Party/witness claim for attending an Employment Tribunal
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... Warning: False claims may lead to prosecuton on a criminal charge ... Where was the hearing held? ... Name of Bank/Building Society ... ...
  • Make a schedule of available or realisable assets
    • HM Courts & Tribunals Service court and tribunal forms
    Crown Court forms including the form to extend a representation order.
    ... ... The Crown Court at ... Court location code ... Case Number ... Pre Trial Issues Unique Reference Number ...  Drug Trafficking Act 1994 ...  Criminal Justice Act 1988 ... 2 The prosecutor considers that the assets ... ...
  • Application for refund of Employment Tribunal fees refund form for multiple claims and sponsors
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to appealing to an employment tribunal.
    ... ... 3.4 * Account number ... 3.5 * Sort Code (For example 01-02-03, write 010203) ... Using your personal information: ... If I am found to have been deliberately untruthful or dishonest, criminal proceedings for fraud can be ... brought against me ... I understand that ... ...
  • Apply to become someone's deputy (make a declaration)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... Have you ever been convicted of a criminal offence? ... (Do not include convictions spent under the Rehabilitation of ... I will have regard to the Mental Capacity ... Act 2005 Code of Practice and I will apply ... the principles of the Act when making ... ...
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