Law Offence in UK Law
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Sweet v Parsley
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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.
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DPP v Stonehouse
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This would be the situation if a bomb or a letter sent from abroad were found anywhere within the jurisdiction. Its presence at that spot would be an intended effect of the act of despatching it. If he fired with similar intent but missed his intended victim, he would be guilty of attempted murder under English law, because the presence of the bullet in England would be an intended effect of his act.
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R v Edwards
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It is limited to offences arising under enactments which prohibit the doing an act save in specified circumstances or by persons of specified classes or with specified qualifications or with the licence or permission of specified authorites Whenever the prosecution seeks to rely on this exception, the Court must construe the enactment under which the charge is laid.
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R v Graham
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If the court is satisfied, despite any misdirection of law or any irregularity in the conduct of the trial or any fresh evidence, that the conviction is safe, the court will dismiss the appeal. But if, for whatever reason, the court concludes that the appellant was wrongly convicted of the offence charged, or is left in doubt whether the appellant was rightly convicted of that offence or not, then it must of necessity consider the conviction unsafe.
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R v Rimmington; R v Goldstein (Harry Chaim)
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There are two guiding principles: no one should be punished under a law unless it is sufficiently clear and certain to enable him to know what conduct is forbidden before he does it; and no one should be punished for any act which was not clearly and ascertainably punishable when the act was done. If the ambit of a common law offence is to be enlarged, it "must be done step by step on a case by case basis and not with one large leap"
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Connelly v DPP
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For the doctrine of autrefois to apply it is necessary that the accused should have been put in peril of conviction for the same offence as that with which he is then charged. The word "offence" embraces both the facts which constitute the crime and the legal characteristics which make it an offence. For the doctrine to apply it must be the same offence both in fact and in law.
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Serious Crime Act 2015
... ... groups and about serious crime prevention orders; to make provision for the seizure and forfeiture of drug-cutting agents; to make it an offence to possess an item that contains advice or guidance about committing sexual offences against children; to create an offence in relation to ... ...
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Modern Slavery Act 2015
... ... PART 1: Offences ... 1: Slavery, servitude and forced or compulsory labour ... (1) A person commits an offence if—(a) the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other ... ...
- Human Trafficking and Exploitation (Scotland) Act 2015
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Domestic Abuse Act 2021
... ... proceedings in certain circumstances; to make further provision about orders under section 91(14) of the Children Act 1989; to provide for an offence of threatening to disclose private sexual photographs and films with intent to cause distress; to provide for an offence of strangulation or ... ...
- Common Law Offence: Breach of the Peace
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Murder as an Offence under English Law
This article examines the territorial and extra-territorial ambit of the offence of murder under English law. This is not strictly speaking a question concerning the jurisdiction of the courts, but...
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A Critical Analysis of the Law Commission's Proposed Cyberflashing Offence
The Law Commission has proposed a new offence of cyberflashing to combat the problem of sending unsolicited images or videos of human genitals to others. It seems that what the Law Commission has i...
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A Critical Analysis of the Law Commission's Proposed Cyberflashing Offence
The Law Commission has proposed a new offence of cyberflashing to combat the problem of sending unsolicited images or videos of human genitals to others. It seems that what the Law Commission has i...
- A New "Failure To Prevent" Corporate Criminal Offence Into UK Law
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A New “Failure to Prevent” Corporate Criminal Offence into UK Law
On 8 February 2023, the U.K. Government confirmed its intention to propose that a new “failure to prevent” corporate criminal offence be included in the Economic Crime Bill, along similar lines to ...
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The Long Arm Of The Crown: New U.K. Anti-Bribery Law Reaches Private Sector Bribery And Creates Offence Of "Failing To Prevent" Bribery
The U.K. Bribery Act 2010 (the "Act") represents a fundamental reform of the U.K. anti-bribery regime and greatly expands the potential legal exposure of companies and individuals that do business,...
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THE LAW IN BLACK AND WHITE – IN THE UK THE DISTRIBUTION AND SALE OF “GREY” GOODS CAN BE A CRIMINAL OFFENCE
By: Richard Taylor and Alasdair Muller (United Kingdom) The English Court of Appeal has confirmed that, in the UK, the sale or distribution of trade mark goods outside an authority granted by the t...
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Emergency Protection Order (Section 44 Children Act 1989)
Standard directions forms under the Children Act.... ... Section 44 Children Act 1989 ... The full name(s) of the child(ren) ... Boy or Girl ... Date(s) of birth ... [described as ... It is an offence intentionally to obstruct any person exercising the power under ... Section 44(4)(b) Children Act 1989 to remove, or prevent the removal, of a child ... ...
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Apply to extend a representation order
Crown Court forms including the form to extend a representation order.... ... Offences under ss.51 and 52 International Criminal Courts Act 2001; ... An offence under section 1 of the Geneva Conventions Act 1957; ... Terrorism offences (where offence charged is indictable only and took place during an ... ...
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Notice of application to consider the financial position of the respondent after divorce / dissolution
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... specified below: ... evidence that a prospective party has been arrested for a relevant domestic ... violence offence; ... evidence of a relevant police caution for a domestic violence offence; ... evidence of relevant criminal proceedings for a domestic violence ... ...
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Application for Certificate to Levy Distress
Enforcement forms including forms used by judges.... ... What is the nature, and the general purpose, of the business in which you are engaged? ... Have you been convicted of any offence? ... In your answer to this question, you are not required to disclose convictions that ... are spent in accordance with the Rehabilitation of ... ...