Related Research Articles
In many common law jurisdictions, an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury. A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury.
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail and state prison as possible punishment, for example, theft. Similarly, a wobblette is a crime that can be charged either as a misdemeanor or an infraction, for example, violating COVID-19 safety precautions.
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
Summary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in presence of the court. But it has long been exercised as to extra curial contempts.
A discharge is a type of sentence imposed by a court whereby no punishment is imposed.
False accounting is a legal term for a type of fraud, considered a statutory offence in England and Wales, Northern Ireland and the Republic of Ireland.
The Environmental Protection Act 1990 is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.
The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished rebuttable presumption that a child is doli incapax and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy.
The Criminal Law Act 1977 (c.45) is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.
The Serious Crime Act 2007 is an Act of the Parliament of the United Kingdom that makes several radical changes to English criminal law. In particular, it creates a new scheme of serious crime prevention orders to frustrate crime in England and Wales and in Northern Ireland, replaces the common law crime of incitement with a statutory offence of encouraging or assisting crime, makes provision as to disclosure and information sharing in order to prevent fraud, and abolishes the Assets Recovery Agency creating a new regime for the recovery of the proceeds of crime.
The Consumer Protection Act 1987 is an Act of the Parliament of the United Kingdom which made important changes to the consumer law of the United Kingdom. Part 1 implemented European Community (EC) Directive 85/374/EEC, the product liability directive, by introducing a regime of strict liability for damage arising from defective products. Part 2 created government powers to regulate the safety of consumer products through Statutory Instruments. Part 3 defined a criminal offence of giving a misleading price indication.
The General Product Safety Regulations 2005 is a 2005 Statutory Instrument of the Parliament of the United Kingdom that demands that "No producer shall [supply or] place a [consumer] product on the market unless the product is a safe product" and provides broad enforcement powers. The regulations implemented European Union directive 2001/95/EC and revoked the General Product Safety Regulations 1994. The regulations also repealed section 10 of the Consumer Protection Act 1987 which had previously imposed a more limited general safety requirement.
The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. In particular, it changes the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which reached crisis levels in 2008. It also reduces the right of prison officers to take industrial action, and changed the law on the deportation of foreign criminals. It received royal assent on 8 May 2008, but most of its provisions came into force on various later dates. Many sections came into force on 14 July 2008.
The Offices, Shops and Railway Premises Act 1963 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act was intended to extend the protection of workplace health, safety and welfare under the Factories Act 1961 to other employees in Great Britain. Though as of 2008 some of it remains in force, it has largely been superseded by the Health and Safety at Work etc. Act 1974 and regulations made under it.
Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy under section 11 of the Matrimonial Causes Act 1973.
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including their criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.
Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.
The Health and Safety (Offences) Act 2008 is an Act of the Parliament of the United Kingdom. Its purpose was to change the "mode of trial" and maximum penalty available for certain offences against health and safety legislation. It was passed on 16 October 2008.
References
- ↑ Interpretation Act 1978, s.5
- ↑ Health and Safety at Work etc. Act 1974, s.33
- ↑ "(K) Miscellaneous offences - Health and Safety offences". Guideline Judgements Case Compendium. Sentencing Guidelines Council. 2005. Archived from the original on 3 October 2006. Retrieved 8 March 2008.
- ↑ 2008 c.20
- ↑ "Legal Aid, Sentencing and Punishment of Offenders Act 2012". www.legislation.gov.uk. Retrieved 7 June 2016.
- ↑ R v. Associated Octel Ltd (Costs) [1996] EWCA Crim 1237
- ↑ Health and Safety Executive (2007). "Costs". Enforcement Guide. Archived from the original on 19 July 2008. Retrieved 6 April 2008.
- ↑ Regulatory Enforcement and Sanctions Act 2008, ss.36, 39-41/ Schs.5-6
- ↑ Health and Safety at Work etc. Act 1974, s.33(3)
- ↑ "Sentencing and costs – Penalties". Enforcement Guide. Health and Safety Executive. Archived from the original on 16 May 2008. Retrieved 15 July 2008.
- ↑ Fire Precautions Act 1971, s.7
- ↑ Fire Precautions Act 1971, s.22
- ↑ Employers' Liability (Compulsory Insurance) Act 1969, s.5
- ↑ "Proposals for the UK enforcement of the EU 'REACH' chemicals regulation". Department for Environment, Food and Rural Affairs. 13 March 2008. Archived from the original on 11 November 2007. Retrieved 3 April 2008.
- ↑ SI 2008/2852
- ↑ Reg.1
- ↑ Corporate Manslaughter and Corporate Homicide Act 2007, s.20
- ↑ HSE, Enforcement against Crown bodies , Retrieved 5 November 2015
