Plea Bargaining in UK Law
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McKinnon v United States of America
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Using his home computer the appellant, through the internet, identified US Government network computers with an open Microsoft Windows connection and from those extracted the identities of certain administrative accounts and associated passwords.
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McKinnon v United States of America
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In addition to making submissions about the likely length of any sentence in the United States, Mr Lawson also submits that the conditions of detention both before trial and after sentence raise human rights issues. He draws our attention to material provided by Amnesty and from American case law regarding the use of stun guns and the like against detainees in American prisons. We find nothing in all this to assist Mr McKinnon's case.
We agree with that analysis. Submissions similar to those advanced by Mr Lawson were advanced on behalf of the appellant in Bermingham. There, neither the fact that the appellants were United Kingdom nationals nor anything else about their circumstances brought them within the scope of exceptionality. We agree with Mr Summers that, if anything, the US links in the present case are stronger than they were in Bermingham and the UK links are weaker.
In the present case Mr McKinnon has been able to raise his human rights points in this Court in the context of his appeal against the decision of the District Judge. At that stage a challenge to a refusal of the Secretary of State to reconsider extradition on human rights grounds may arise (subject to the high threshold), albeit probably in judicial review proceedings rather than by way of statutory appeal.
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R v Goodyear (Karl)
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Once an indication has been given, it is binding and remains binding on the judge who has given it, and it also binds any other judge who becomes responsible for the case. In principle, the judge who has given an indication should, where possible, deal with the case immediately, and if that is not possible, any subsequent hearings should be listed before him.
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Norris v Government of the United States of America
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Following service of the subpoena, Mr Norris instructed, through a "task force" he set up for the purpose, all Morgan entities involved in the price-fixing conspiracy to remove, conceal or destroy any documentary material, in particular Morgan's sales files in Europe, evidencing Morgan's involvement in the conspiracy. He also instructed the retention and concealment of certain documents to enable Morgan to continue monitoring the working of the conspiracy.
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Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
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"There is no doubt in my mind that BCCI has centralised its management, control and operations in the City. This is a UK- based bank, with its White House encompassing two buildings fronting Leadenhall Street and three at the rear. There is absolutely no way that we should continue the pretence that Luxembourg are the prime supervisors.
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Criminal Procedure Act 1851
... ... In every Indictment for Subornation of Perjury, or for corrupt bargaining or contracting with any Person to commit wilful and corrupt Perjury, or ... S-XXVIII ... Plea of autrefois convict or autrefois acquit. XXVIII Plea of autrefois ... ...
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Worsted Yarn Act 1547
... ... had or made, so that the same Person and Persons so buying or bargaining, or taking ... Promise to buy or bargain the said Wools, do sell or retail ... said Action, Bill or Information, no Essoin, Wager of Law, foreign Plea ... or Protection should be allowed ... No Worsted Yarn not made into ... ...
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Tanners' Indemnity, etc. Act 1799
... ... and in case any Plea has already been pleaded, or any Demurrer filed, may move the Court to ... taw the same; and that so much of the said Act as prohibits the bargaining, buying, contracting for, or bespeaking any rough Hides, or Calf Skin in ... ...
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Easter Offerings and Tithes Act 1548
... ... Authority aforesaid, That every Person exercising Merchandises, Bargaining and Selling, Clothing, Handicraft or other Art or Faculty, being such Kind ... Of what Things a Judge Ecclesiastical shall not hold Plea, 13 Ed. 1. Stat. 1. c. 5. 9 Ed. 2. Stat. 1. c. 1, 2, 5. 1 E. 3. st. 2. c ... ...
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The inefficiency of plea bargaining
The fundamental assumption underlying plea bargaining is that it is ‘efficient’. Even ardent critics of plea bargaining often accept the assumption that it is efficient in being cost effective. For...
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Plea Bargaining: A Neglected Issue?
Why is it that the Probation Service has remained so silent on the subject of plea bargaining? Is it because it takes place covertly that probation officers ignore its prevalence? Is it because it ...
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Rethinking Plea Bargaining Policy: The Case of Ethiopia
This article examines the desirability of plea bargaining in Ethiopia focusing on its policy justifications as encapsulated under the 2011 FRDE Criminal Justice Policy. Emphasizing upon the specifi...
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Self reporting under the Bribery Act: Why only ten companies so far?
Incentives to self report are a major part of effective anti-corruption enforcement in the US and the Guidance issued by the Ministry of Justice attempts to lay the groundwork for a similar culture...... ... But, absent the same freedom to engage in plea bargaining that its US counterpart, the Department of Justice, enjoys, ... ...
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Deferred Prosecution Agreement - Full Steam Ahead (But Stopping At The Border!)
... ... DPAs are a method of plea bargaining which will allow companies who commit offences, including ... ...