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. On analysis, the evidence is of the use of such devices in the face of prison disturbances and the like.
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.
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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. If, after a reasonable opportunity to consider his position in the light of the indication, the defendant does not plead guilty, the indication will cease to have effect.
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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. Luxembourg is prehistoric; Grand Cayman is a tax haven; and it is the Bank of England who are the lender of last resort.
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JC (double jeopardy: Art 10 CL)
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There had been a significant change in availability of court reports in China over the last ten years, due in part to improvements in technology. Dr Dillon accepted that Chinacourt had on it 23100 criminal judgements or thereabouts. That was a drop in the ocean.
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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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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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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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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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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...
- Plea Bargaining; Defence Rights
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Extradition: A New Perspective on the US Plea Bargaining Process
A recent extradition battle in the United Kingdom brings a new perspective to the unique plea bargaining process in the United States. Paul and Sandra Dunham have been charged in Maryland with an ...
- Fraud Trials: Plea Negotiation- Plea Bargaining
- Plea Bargaining: Coming To Japan June 2018
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Director of the SFO, Richard Alderman, recommends to a parliamentary committee a change in plea bargaining procedures
Courts in the UK need to stop thinking parochially about their own coveted powers and start thinking globally about how to stamp out international corruption in which one case often affects many co...