Law Offence in UK Law

Leading Cases
  • R v Rimmington; R v Goldstein (Harry Chaim)
    • House of Lords
    • 27 October 2005

  • Sweet v Parsley
    • House of Lords
    • 23 January 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 v Graham
    • Court of Appeal (Criminal Division)
    • 25 October 1996

    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.

  • Connelly v DPP
    • House of Lords
    • 21 April 1964

    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.

  • Julian Assange v Swedish Prosecution Authority
    • Queen's Bench Division (Administrative Court)
    • 05 December 2011

    However, the facts set out in the EAW must not merely enable the inference to be drawn that the Defendant did the acts alleged with the necessary mens rea. They must be such as to impel the inference that he did so; it must be the only reasonable inference to be drawn from the facts alleged. Otherwise, a Defendant could be convicted on a basis which did not constitute an offence under the law of England and Wales, and thus did not satisfy the dual criminality requirement.

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Legislation
  • Modern Slavery Act 2015
    • UK Non-devolved
    • Thursday January 01, 2015
    ... ... (1) A person commits an offence if— (a) ... ...
  • Human Trafficking and Exploitation (Scotland) Act 2015
    • Scotland
    • Thursday January 01, 2015
    ... ... PART 1: OFFENCES ... Human trafficking ... 1: Offence of human trafficking ... (1) A person commits an offence if ... ...
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • Friday January 01, 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 ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • Wednesday January 01, 2014
    ... ... practicable) tell the person to whom the direction is given that failing without reasonable excuse to comply with the direction is an offence. (7) If the constable reasonably believes that ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Form C23
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • IOPN search: verify identity (PN1ID)
    • HM Land Registry Forms
    Form PN1ID: Evidence of identity when making a search of the index of proprietors' names.
    ... ... for yourself or another person, or to ... cause loss or the risk of loss to ... another person, you may commit the ... offence of fraud under section 1 of ... the Fraud Act 2006, the maximum ... penalty for which is 10 years’ ... imprisonment or an unlimited fine, or ... ...
  • 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.
    ... ... 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 ... ...
  • Notice of application to consider the financial position of the respondent after divorce / dissolution
    • 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.
    ... ... 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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