Here are the matches:
s.114 Coroners and Justice Act 2009 - B
s.14 Criminal Justice Act 2003 - E
s.115 Coroners and Justice Act 2009 - A
s.56 Crime & Disorder Act 1998 (amending CJPOA 1994) - D
s.19 Criminal Justice Act 2003 - C
Here are the key points I would focus on for revision:
Essay:
- Clearly outline the police and court bail processes
- Explain statutory rebuttals like s.25 CJPOA and s.115 CJA
- Discuss the balance between individual rights and public protection
- Refer to relevant case law and statistics
Problem question:
- Identify all relevant legal factors
- Apply law to the specific facts of the scenario
- Discuss likely outcome and justify your reasoning
- Consider alternative arguments or outcomes
Police powers revision:
- Detention, questioning and searches
- Grounds for arrest
- Cautioning
- Police bail vs court bail
- Review
This document discusses different types of criminal offenses in the UK legal system related to assault and battery, from least serious to most serious. It explains that non-fatal offenses like assault and battery are considered least serious and are handled in Magistrates Court. Assaults causing actual bodily harm (ABH) and grievous bodily harm (GBH) are middle-range offenses that can be heard in either Magistrates Court or Crown Court. The most serious offenses like GBH with intent are indictable offenses that can only be heard in Crown Court, although they first appear in Magistrates Court. The document provides details on the legal definitions and standards for different assault and battery offenses.
Chapter 15 - CRIMINAL PROCEDURE BEFORE TRIALLisa Greene
This document provides an overview of key concepts in criminal procedure before trial, including constitutional protections for criminal suspects and defendants. It discusses the requirements for reasonable searches and seizures under the 4th Amendment, including exceptions to the warrant requirement. It also covers interrogations and confessions, the right to counsel, and the 12 typical pretrial activities like arrest, booking, bail, arraignment and discovery. Key Supreme Court cases establishing rights like Miranda warnings, effective assistance of counsel, and exclusion of illegally obtained evidence are also summarized.
This document summarizes key aspects of criminal trial procedures in the United States, including common pretrial motions, Sixth Amendment rights of defendants, the right to a jury or bench trial, jury selection processes, rules of evidence, order of trial procedures such as opening statements and presenting the prosecution and defense cases, jury instructions, closing arguments, jury deliberations, and potential outcomes such as jury verdicts, hung juries, and jury nullification.
ADMISSIBILITY OF BAD CHARACTER LAW IN UNITED KINGDOMASMAH CHE WAN
It is a study about bad character law in UK, the history, development and current position.
at first the bad character is not admissible, but how by time it becomes admissible.
The document summarizes the key participants and processes involved in a criminal trial in the US legal system. It describes the roles of the judge, court clerk, court reporter, lawyers, jury, and prosecutors and defense attorneys. It also outlines the jury selection process, rules around evidence and witness questioning, opening statements, and the purposes and processes of both prosecution and defense.
The document discusses the criminal trial process and the roles and duties of prosecutors and defense attorneys in an adversarial legal system. It provides details on how a trial is conducted, including the presentation of evidence and arguments by both sides. It emphasizes that the goal of a trial is to determine guilt or innocence while upholding principles of fairness and justice. Both prosecutors and defense attorneys have a duty to represent their clients resolutely while respecting the tribunal and administration of justice.
The document discusses the history and justifications of criminal punishment including retribution, deterrence, incapacitation, and rehabilitation. It then covers sentencing alternatives and factors considered in sentencing such as felony vs misdemeanor crimes, presentence reports, and truth-in-sentencing laws. Finally, it briefly outlines probation, parole, the growth of the US prison population, and characteristics of those incarcerated.
Here are the key points I would focus on for revision:
Essay:
- Clearly outline the police and court bail processes
- Explain statutory rebuttals like s.25 CJPOA and s.115 CJA
- Discuss the balance between individual rights and public protection
- Refer to relevant case law and statistics
Problem question:
- Identify all relevant legal factors
- Apply law to the specific facts of the scenario
- Discuss likely outcome and justify your reasoning
- Consider alternative arguments or outcomes
Police powers revision:
- Detention, questioning and searches
- Grounds for arrest
- Cautioning
- Police bail vs court bail
- Review
This document discusses different types of criminal offenses in the UK legal system related to assault and battery, from least serious to most serious. It explains that non-fatal offenses like assault and battery are considered least serious and are handled in Magistrates Court. Assaults causing actual bodily harm (ABH) and grievous bodily harm (GBH) are middle-range offenses that can be heard in either Magistrates Court or Crown Court. The most serious offenses like GBH with intent are indictable offenses that can only be heard in Crown Court, although they first appear in Magistrates Court. The document provides details on the legal definitions and standards for different assault and battery offenses.
Chapter 15 - CRIMINAL PROCEDURE BEFORE TRIALLisa Greene
This document provides an overview of key concepts in criminal procedure before trial, including constitutional protections for criminal suspects and defendants. It discusses the requirements for reasonable searches and seizures under the 4th Amendment, including exceptions to the warrant requirement. It also covers interrogations and confessions, the right to counsel, and the 12 typical pretrial activities like arrest, booking, bail, arraignment and discovery. Key Supreme Court cases establishing rights like Miranda warnings, effective assistance of counsel, and exclusion of illegally obtained evidence are also summarized.
This document summarizes key aspects of criminal trial procedures in the United States, including common pretrial motions, Sixth Amendment rights of defendants, the right to a jury or bench trial, jury selection processes, rules of evidence, order of trial procedures such as opening statements and presenting the prosecution and defense cases, jury instructions, closing arguments, jury deliberations, and potential outcomes such as jury verdicts, hung juries, and jury nullification.
ADMISSIBILITY OF BAD CHARACTER LAW IN UNITED KINGDOMASMAH CHE WAN
It is a study about bad character law in UK, the history, development and current position.
at first the bad character is not admissible, but how by time it becomes admissible.
The document summarizes the key participants and processes involved in a criminal trial in the US legal system. It describes the roles of the judge, court clerk, court reporter, lawyers, jury, and prosecutors and defense attorneys. It also outlines the jury selection process, rules around evidence and witness questioning, opening statements, and the purposes and processes of both prosecution and defense.
The document discusses the criminal trial process and the roles and duties of prosecutors and defense attorneys in an adversarial legal system. It provides details on how a trial is conducted, including the presentation of evidence and arguments by both sides. It emphasizes that the goal of a trial is to determine guilt or innocence while upholding principles of fairness and justice. Both prosecutors and defense attorneys have a duty to represent their clients resolutely while respecting the tribunal and administration of justice.
The document discusses the history and justifications of criminal punishment including retribution, deterrence, incapacitation, and rehabilitation. It then covers sentencing alternatives and factors considered in sentencing such as felony vs misdemeanor crimes, presentence reports, and truth-in-sentencing laws. Finally, it briefly outlines probation, parole, the growth of the US prison population, and characteristics of those incarcerated.
This document is a project paper submitted by Baby Ramya Muppirisetty to the Symbiosis Law School, NOIDA for their Law of Crimes II course. It provides an introduction and overview of the practice and procedure of framing criminal charges under the Code of Criminal Procedure of India.
The paper discusses the meaning and purpose of framing charges. It outlines the requirements for a valid criminal charge and compares the difference between the charge and the trial process. It also examines the scope of inquiry during charge framing, effects of errors in charges, rules regarding alteration and joinder of multiple charges. The document provides legal definitions and references court cases to support its analysis of the topic.
The document summarizes key aspects of bail under Indian criminal law. It discusses:
1) The right to bail for bailable and non-bailable offenses, including the conditions that must be met for bail in non-bailable cases.
2) The types of bail available, including personal bonds, bonds with sureties, and anticipatory bail.
3) Circumstances where bail is mandatory and the powers of police to grant bail for arrests with and without a warrant.
The document discusses various aspects of criminal proceedings and charges under the Criminal Procedure Code, including:
- How criminal proceedings can be instituted through a complaint made to a magistrate, which is then written down and signed.
- What a charge is and the requirements for what it must contain.
- The concepts of joinder of counts, which allows multiple offenses to be charged together if they are connected, and joinder of persons, which allows multiple accused to be tried together if their offenses are related.
- Case examples where joinder was found to be improper, such as when offenses occurred on different dates or involved different victims or transactions.
The document provides an overview of the novel Monster by Walter Dean Myers. It summarizes the main characters, plot, and courtroom trial procedure depicted in the story. The protagonist Steve Harmon is on trial for murder for his alleged involvement in a robbery. The summary walks through the various stages of the trial, including opening statements, witness testimony, and closing arguments. In the end, Steve is found not guilty, while his co-defendant James King is convicted.
Mr. Crook's attorney would need to contact the police to arrange his surrender if they have probable cause that Mr. Crook committed an armed robbery at a gas station. The attorney would explain to Mr. Crook that any discussions between them are protected by attorney-client privilege. If arrested, Mr. Crook would be informed of the arrest process, his rights, and advised not to speak to anyone about the case except his attorney. His attorney would then work to negotiate a plea bargain or prepare for trial.
ANTICIPATORY BAIL- Section 438 in The Code Of Criminal Procedure, 1973Utkarsh Kumar
This document discusses anticipatory bail under Section 438 of the Code of Criminal Procedure. It begins by introducing anticipatory bail and its purpose of protecting against false accusations. It then discusses the history and introduction of anticipatory bail provisions. The key points are:
1) Anticipatory bail is meant to safeguard against false accusations and ensure the release of falsely accused persons before arrest.
2) Section 438 was introduced to allow courts to grant bail in anticipation of arrest.
3) Anticipatory bail literally means bail granted before arrest, not in anticipation of it. It becomes operational only upon arrest.
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
The document discusses various articles related to burden of proof in legal cases. It outlines that the party who alleges or asserts a claim has the burden of proving that claim with evidence. It also discusses exceptions where the burden may lie with the other party in certain cases, such as when pleading an alibi or proving facts that are within special knowledge. The document provides examples and explanations for different articles governing burden of proof for particular facts, exceptions, ownership, legitimacy, and presumptions around relationships and death.
A civil case involves pleadings such as a complaint and response, discovery where each side gathers evidence, pretrial discussions to clarify issues and try to settle, a trial where a jury or judge hears the case, a verdict is issued, and the losing side can appeal. The goal is for the plaintiff to prove their case and receive a remedy using a preponderance of evidence standard, or for the defendant to avoid having to provide a remedy.
Plea bargaining allows a defendant to plead guilty in exchange for concessions from the prosecution. It has been introduced in India to help reduce case backlogs. Key points of plea bargaining under Indian law include: it does not apply to offenses punishable by death or life imprisonment or over 7 years; or offenses affecting socioeconomics or committed against women or children under 14. The court will facilitate negotiations between the prosecution and defendant to reach a mutually agreeable disposition involving compensation and sentencing concessions. If accepted by the court, the judgment is final and not appealable except through special leave. Plea bargaining aims to provide an alternative dispute resolution mechanism to expedite case disposal in India.
This document discusses burden and standard of proof in law of evidence. It defines burden of proof as the obligation to provide sufficient evidence to support one's case, and distinguishes between burden of establishing a case and evidential burden of introducing evidence. The standard of proof refers to the degree of probability required to discharge the burden. For criminal cases, the standard is proof beyond reasonable doubt, while for civil cases it is on a balance of probabilities. The more serious the allegation, the higher the standard of proof required.
Case Review: Mohd Hanafi Ramly vs Public ProsecutorASMAH CHE WAN
This document summarizes a case review of Mohd Hanafi Ramly vs Public Prosecutor from 2012. It discusses the facts of the case where a school teacher was found guilty of sexual offenses against a 10-year old student. The key issues were whether the victim understood the nature of testimony and if uncorroborated child evidence could be accepted, as well as if separate charges were appropriate for offenses in close proximity. The High Court upheld the convictions, finding that the offenses merited separate charges and the child's testimony was corroborated by witnesses. It dismissed the appeal, finding that the punishment fit the crimes and was necessary to deter similar acts.
The court considered a submission of no case to answer from the defendant. Under sections 101 and 104 of the Evidence Act, the plaintiff bears the burden of proof and must establish their case based on the evidence presented. If the plaintiff's evidence is found to be unsatisfactory or unreliable, they will have failed to discharge this burden. The court must evaluate just the plaintiff's evidence to determine if they have met this burden before the defendant is required to submit a defense.
Should I Short Sale My Home - Appendix CTom Damron
This document is a guide for homeowners on whether they should short sale their home during a difficult real estate market. It includes an introduction and table of contents that outline the following 10 chapters: 1) A housing crisis is looming, 2) How bad the market has gotten, 3) Short sales as a best option, 4) Mortgage foreclosure explained, 5) Foreclosure scam warnings, 6) Homeowner options in foreclosure, 7) Answers top short sale questions, 8) Impact of falling interest rates, 9) Post-short sale home buying with FHA loans, and 10) End of home equity loans. It also includes 3 appendices on loss mitigation companies, short sale vs payoff, and
Adult offenders can receive a range of custodial and community sentences depending on the crime committed and other relevant factors. Custodial sentences include fixed term prison sentences, life sentences, and indeterminate sentences like Imprisonment for Public Protection (IPP). Community sentences aim to punish and rehabilitate offenders while allowing them to live at home; they include requirements like unpaid work, treatment programs, and curfews. When determining a sentence, judges consider both mitigating factors that may reduce the sentence and aggravating factors that may increase it.
Nicholas Anderson has over 20 years of experience in business management, education, and the military. He currently holds an MBA and MS in acquisition and supply chain management. His background includes positions as a Program Analyst for the Department of Labor, Project Director for a Veteran's program, and Director of a National Veterans Center. He aims to utilize his expertise in leadership, program development, and veterans training to further support transitioning service members.
Este documento describe la importancia de la inteligencia de orden de batalla para comprender la organización, despliegue y apoyo de una fuerza adversaria. Explica que los analistas de orden de batalla estudian factores como la composición, disposición y logística del enemigo para determinar sus capacidades, vulnerabilidades y posibles cursos de acción. El objetivo final es proporcionar a los comandantes la información necesaria para desarrollar planes efectivos.
El documento describe los posibles problemas que pueden surgir con los alimentos y bebidas en un evento cultural, como la falta de un espacio adecuado para el café o la presencia de invitados con alergias. También detalla la importancia de atender el evento con discreción para no interrumpir a los participantes, y de utilizar utensilios y decoraciones regionales. Finalmente, presenta el menú planeado para el servicio de alimentos y bebidas, incluyendo un oasis permanente, café con pastelillos guatemaltecos por la mañana y almuer
This document is a project paper submitted by Baby Ramya Muppirisetty to the Symbiosis Law School, NOIDA for their Law of Crimes II course. It provides an introduction and overview of the practice and procedure of framing criminal charges under the Code of Criminal Procedure of India.
The paper discusses the meaning and purpose of framing charges. It outlines the requirements for a valid criminal charge and compares the difference between the charge and the trial process. It also examines the scope of inquiry during charge framing, effects of errors in charges, rules regarding alteration and joinder of multiple charges. The document provides legal definitions and references court cases to support its analysis of the topic.
The document summarizes key aspects of bail under Indian criminal law. It discusses:
1) The right to bail for bailable and non-bailable offenses, including the conditions that must be met for bail in non-bailable cases.
2) The types of bail available, including personal bonds, bonds with sureties, and anticipatory bail.
3) Circumstances where bail is mandatory and the powers of police to grant bail for arrests with and without a warrant.
The document discusses various aspects of criminal proceedings and charges under the Criminal Procedure Code, including:
- How criminal proceedings can be instituted through a complaint made to a magistrate, which is then written down and signed.
- What a charge is and the requirements for what it must contain.
- The concepts of joinder of counts, which allows multiple offenses to be charged together if they are connected, and joinder of persons, which allows multiple accused to be tried together if their offenses are related.
- Case examples where joinder was found to be improper, such as when offenses occurred on different dates or involved different victims or transactions.
The document provides an overview of the novel Monster by Walter Dean Myers. It summarizes the main characters, plot, and courtroom trial procedure depicted in the story. The protagonist Steve Harmon is on trial for murder for his alleged involvement in a robbery. The summary walks through the various stages of the trial, including opening statements, witness testimony, and closing arguments. In the end, Steve is found not guilty, while his co-defendant James King is convicted.
Mr. Crook's attorney would need to contact the police to arrange his surrender if they have probable cause that Mr. Crook committed an armed robbery at a gas station. The attorney would explain to Mr. Crook that any discussions between them are protected by attorney-client privilege. If arrested, Mr. Crook would be informed of the arrest process, his rights, and advised not to speak to anyone about the case except his attorney. His attorney would then work to negotiate a plea bargain or prepare for trial.
ANTICIPATORY BAIL- Section 438 in The Code Of Criminal Procedure, 1973Utkarsh Kumar
This document discusses anticipatory bail under Section 438 of the Code of Criminal Procedure. It begins by introducing anticipatory bail and its purpose of protecting against false accusations. It then discusses the history and introduction of anticipatory bail provisions. The key points are:
1) Anticipatory bail is meant to safeguard against false accusations and ensure the release of falsely accused persons before arrest.
2) Section 438 was introduced to allow courts to grant bail in anticipation of arrest.
3) Anticipatory bail literally means bail granted before arrest, not in anticipation of it. It becomes operational only upon arrest.
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
The document discusses various articles related to burden of proof in legal cases. It outlines that the party who alleges or asserts a claim has the burden of proving that claim with evidence. It also discusses exceptions where the burden may lie with the other party in certain cases, such as when pleading an alibi or proving facts that are within special knowledge. The document provides examples and explanations for different articles governing burden of proof for particular facts, exceptions, ownership, legitimacy, and presumptions around relationships and death.
A civil case involves pleadings such as a complaint and response, discovery where each side gathers evidence, pretrial discussions to clarify issues and try to settle, a trial where a jury or judge hears the case, a verdict is issued, and the losing side can appeal. The goal is for the plaintiff to prove their case and receive a remedy using a preponderance of evidence standard, or for the defendant to avoid having to provide a remedy.
Plea bargaining allows a defendant to plead guilty in exchange for concessions from the prosecution. It has been introduced in India to help reduce case backlogs. Key points of plea bargaining under Indian law include: it does not apply to offenses punishable by death or life imprisonment or over 7 years; or offenses affecting socioeconomics or committed against women or children under 14. The court will facilitate negotiations between the prosecution and defendant to reach a mutually agreeable disposition involving compensation and sentencing concessions. If accepted by the court, the judgment is final and not appealable except through special leave. Plea bargaining aims to provide an alternative dispute resolution mechanism to expedite case disposal in India.
This document discusses burden and standard of proof in law of evidence. It defines burden of proof as the obligation to provide sufficient evidence to support one's case, and distinguishes between burden of establishing a case and evidential burden of introducing evidence. The standard of proof refers to the degree of probability required to discharge the burden. For criminal cases, the standard is proof beyond reasonable doubt, while for civil cases it is on a balance of probabilities. The more serious the allegation, the higher the standard of proof required.
Case Review: Mohd Hanafi Ramly vs Public ProsecutorASMAH CHE WAN
This document summarizes a case review of Mohd Hanafi Ramly vs Public Prosecutor from 2012. It discusses the facts of the case where a school teacher was found guilty of sexual offenses against a 10-year old student. The key issues were whether the victim understood the nature of testimony and if uncorroborated child evidence could be accepted, as well as if separate charges were appropriate for offenses in close proximity. The High Court upheld the convictions, finding that the offenses merited separate charges and the child's testimony was corroborated by witnesses. It dismissed the appeal, finding that the punishment fit the crimes and was necessary to deter similar acts.
The court considered a submission of no case to answer from the defendant. Under sections 101 and 104 of the Evidence Act, the plaintiff bears the burden of proof and must establish their case based on the evidence presented. If the plaintiff's evidence is found to be unsatisfactory or unreliable, they will have failed to discharge this burden. The court must evaluate just the plaintiff's evidence to determine if they have met this burden before the defendant is required to submit a defense.
Should I Short Sale My Home - Appendix CTom Damron
This document is a guide for homeowners on whether they should short sale their home during a difficult real estate market. It includes an introduction and table of contents that outline the following 10 chapters: 1) A housing crisis is looming, 2) How bad the market has gotten, 3) Short sales as a best option, 4) Mortgage foreclosure explained, 5) Foreclosure scam warnings, 6) Homeowner options in foreclosure, 7) Answers top short sale questions, 8) Impact of falling interest rates, 9) Post-short sale home buying with FHA loans, and 10) End of home equity loans. It also includes 3 appendices on loss mitigation companies, short sale vs payoff, and
Adult offenders can receive a range of custodial and community sentences depending on the crime committed and other relevant factors. Custodial sentences include fixed term prison sentences, life sentences, and indeterminate sentences like Imprisonment for Public Protection (IPP). Community sentences aim to punish and rehabilitate offenders while allowing them to live at home; they include requirements like unpaid work, treatment programs, and curfews. When determining a sentence, judges consider both mitigating factors that may reduce the sentence and aggravating factors that may increase it.
Nicholas Anderson has over 20 years of experience in business management, education, and the military. He currently holds an MBA and MS in acquisition and supply chain management. His background includes positions as a Program Analyst for the Department of Labor, Project Director for a Veteran's program, and Director of a National Veterans Center. He aims to utilize his expertise in leadership, program development, and veterans training to further support transitioning service members.
Este documento describe la importancia de la inteligencia de orden de batalla para comprender la organización, despliegue y apoyo de una fuerza adversaria. Explica que los analistas de orden de batalla estudian factores como la composición, disposición y logística del enemigo para determinar sus capacidades, vulnerabilidades y posibles cursos de acción. El objetivo final es proporcionar a los comandantes la información necesaria para desarrollar planes efectivos.
El documento describe los posibles problemas que pueden surgir con los alimentos y bebidas en un evento cultural, como la falta de un espacio adecuado para el café o la presencia de invitados con alergias. También detalla la importancia de atender el evento con discreción para no interrumpir a los participantes, y de utilizar utensilios y decoraciones regionales. Finalmente, presenta el menú planeado para el servicio de alimentos y bebidas, incluyendo un oasis permanente, café con pastelillos guatemaltecos por la mañana y almuer
Bandar berpusatkan rumah ibadah lmcp1532 pembangunan bandar mapanNURUL JANNAH
LMCP1532 PEMBANGUNAN BANDAR MAPAN
TAJUK: BANDAR BERPUSATKAN RUMAH IBADAH
Rumah ibadah yang dipilih adalah masjid dan gereja yang terdapat di bandar-bandar di serata negara.
1) Engr. Aamir Ayaz Khan is a civil engineer from Pakistan currently working as a project engineer in Saudi Arabia.
2) He has over 5 years of experience in structural engineering, project planning, and management.
3) His education includes a BSc in Civil Engineering from the University of Engineering and Technology Peshawar.
Integrating the prevention of cyber crime into the overall anti-crime strateg...Jacqueline Fick
The document discusses strategies for integrating cybercrime prevention into an organization's overall anti-crime approach. It outlines common cybercrimes in South Africa, highlights key aspects of the Electronic Communications and Transactions Act, and emphasizes the importance of good information governance. The presentation recommends implementing proactive measures like understanding internal and external threats, defining security roles, establishing policies and procedures, collaborating with law enforcement, and educating users. The overarching message is that organizations must take cybersecurity as seriously as physical security to effectively combat cybercrime.
HKNews is a free app for iOS and Android that allows users to easily access and read news from various Hong Kong newspapers and websites. It works by pulling RSS feeds from online news sources. Users can browse and select from different news outlets and then view articles. The app also provides additional quick information sections with weather, events, jobs, and more. While the app offers a convenient way to access timely news updates, it also has some disadvantages like not being able to filter out false information and having a crowded interface design.
The document discusses cyber crime and its impact on higher education in South Africa. It begins by introducing "Jack le Hack", a fictional student who engages in various cyber crimes at his university, including sending threatening emails, hacking into student records and financial systems, and exposing the university network. The document then defines cyber crime and common types such as unauthorized access, data modification, and fraud. It also outlines recommendations for universities to implement strategies to protect their data and networks, such as defining security roles, establishing policies, conducting audits, and educating users.
Judges have considerable freedom in determining appropriate sentences for convicted criminals. They must consider precedents, circumstances of the offense and offender, and the goals of sentencing such as deterrence, rehabilitation, and retribution. More recently, there has been a focus on diversion programs as alternatives to imprisonment to reduce costs and prevent further criminal socialization. Conditional sentences allow offenders to serve time in the community under supervision for crimes with sentences under two years.
This document is a student assignment that discusses cities centered around places of worship. It provides the student's name and student ID number. It also includes several links to websites about religious sites in Kyoto, Addis Ababa, India, and Rome, suggesting these cities will be discussed in the assignment.
This email exchange summarizes a meeting to review engineering documents for an air quality project. James Coulter emails Erlinda Medina to confirm their meeting on Monday to discuss the project while he is working at ExxonMobile, suggesting meeting times of 12:30 or 1:00. Jay Choate emails that he and Jacob Armstrong can meet with Medina and others on the project tomorrow afternoon, and that Choate will bring Armstrong. Medina emails Choate, Coulter, and others about receiving preliminary documents from Siemens for review and developing a construction schedule before an upcoming meeting, and requests a meeting with Rob Eckhoff on Thursday or Monday.
The document discusses the legal process that occurs after a person has been arrested and charged with a crime, including what happens at bail hearings, potential outcomes of being released on bail or held in pre-trial detention, and the next steps in the criminal justice process. Key aspects covered include who can grant bail, the potential conditions of bail, and what happens if bail is refused or not complied with.
This document lists 5 notable religious sites: Bandar Makkah and Bandar Madinah al-Munawwarah in Saudi Arabia which are important to Islam, the Blue Mosque in Istanbul important to both Islam and Christianity, Cordova an important mosque in Spain, and the Old Synagogue Essen in Germany important to Judaism.
The police have powers to detain individuals for a limited period of time to investigate crimes or the conduct of suspects. They can interview detainees and record interviews, but suspects have a right to silence. The police can also conduct searches of individuals and collect samples like fingerprints or DNA with appropriate authorization and safeguards.
This document provides information about strict liability crimes from a law class. It discusses key concepts like mens rea and actus reus. It analyzes cases related to strict liability for various offenses like traffic violations, food safety laws, and environmental regulations. The document examines how courts determine if a statute establishes strict liability or requires mens rea. It also explores issues around age and sex offenses, and whether a reasonable belief in consent can be a defense.
Supreme Court & Practice Statement (2012)Miss Hart
Here is a possible response using the sources and other cases:
Source A is the Practice Statement itself issued by the House of Lords in 1966. It recognises that too rigid adherence to precedent can lead to injustice, so it allows the House of Lords to depart from its own previous decisions when it appears right to do so. However, it notes there is an 'especial need for certainty' in criminal law.
Source B is an example of the Practice Statement being used in a criminal case, R v R and G. The court overruled the previous decision of Caldwell from 1981 to consult a Law Commission report when interpreting the meaning of 'reckless' in the Criminal Damage Act 1971. This developed the law to reflect a changed
Here is how I would advise Damon as to the lawfulness of his arrest:
[ADVICE]
The key issue here is whether the police officer had reasonable grounds to suspect that Damon was responsible for the stabbing. However, it seems the only basis for suspecting Damon was being told by someone else at the scene. This would not meet the threshold for reasonable suspicion required under s.24 PACE for a lawful arrest without a warrant. You were not seen committing any offence by the arresting officer. I would advise Damon to protest his unlawful arrest and ask to be released immediately, as there appear to be no lawful grounds for his detention. If he is not released, he may wish to pursue a
Here is my analysis of whether the precedent would be bound in this scenario:
Bound - The precedent set in 1951 by the High Court would be binding on the High Court in 2008 as it is a court lower in the hierarchy considering a precedent set by a court higher in the hierarchy on the same level of court. The High Court in 2008 would be obliged to follow the precedent set by the High Court in 1951 unless it could be distinguished.
This illustrates the principle of binding precedent between courts at the same level, where a court must follow a precedent set by a higher court in the same jurisdiction, as discussed in the source material.
Here are the key points about the Court of Appeal's ability to depart from its own precedent:
- The CA is generally bound by its own previous decisions, like the Supreme Court.
- However, under Young v Bristol Aeroplane, it can depart from precedent in limited circumstances, similar to the Practice Statement for the Supreme Court.
- The three exceptions where it can depart are: 1) if the previous decision was made per incuriam, 2) if there are conflicting CA decisions and it must pick one, and 3) if the CA's earlier decision is inconsistent with a later UKSC decision.
- Per incuriam means the previous decision was made in ignorance or forgetfulness of some statutory provision or authority binding on
Precedent (Court of Appeal & Supreme Court)Miss Hart
The document contains a series of short, ambiguous phrases that could have multiple meanings taken out of context. It touches on topics like marriage, violence, gangs, and killing while using wordplay and unconventional phrasing that makes the intent and context behind each statement unclear without more information. Overall, the document presents a confusing set of statements that require additional context to understand fully.
This document provides an overview of the objectives and content covered in a Criminal Law course. It begins by outlining the study skills and legal abilities students will develop, such as effective reading, note-taking, and legal reasoning. Major topics covered include substantive criminal law, offenses and defenses. The document explains why a proper legal analysis is important given the consequences of a criminal conviction. It also distinguishes between civil and criminal law and their different burdens of proof. The methodology of identifying the actus reus and mens rea of offenses is demonstrated using the example of theft. Finally, the document provides tips for how to effectively study and approach analyzing criminal law.
Mitigation and Sentencing in Criminal Litigation.pptxEvansLyght
Mitigation and Sentencing
Mitigation is the action of reducing the severity or seriousness of a penalty to an accused persons whilst sentencing is the action of writing down a record of an accused person to serve for a crime he committed
[Forensics] topic law and legal proceduresMuhammad Ahmad
Legal procedures involve applying medical knowledge to law and justice. There are different types of law depending on their origin, such as common law, statute law, and Shariat law. Courts handle both criminal cases, which deal with prohibiting harmful acts, and civil cases, which deal with disputes between individuals. In legal procedures, a case is brought before a judge, who arrives at a decision following proceedings based on legal codes and evidence. There are two parties involved - the prosecution, which brings charges, and the defense, which responds to charges. The conclusion of the judge is called the judgment. Various courts have jurisdiction over different types of cases and ability to impose punishments. Principles guiding courts include the presumption of innocence until proven guilty
The passage discusses the Penal Reform Alternative Sentences Act 2001, which aims to give courts more options than imprisonment for dealing with young offenders. It establishes the Community Rehabilitation Department to assist courts and rehabilitate young people. The act allows courts to issue discharges, suspended sentences, community service orders, fines, or imprisonment. When determining a sentence, courts consider factors like the offense details and a pre-sentencing report. The Community Rehabilitation Department supervises sentences and offers counseling.
Here are the key things I've learned from our lesson:
- There are multiple aims that courts consider when sentencing offenders, including punishment, rehabilitation, deterrence, and compensation.
- Mitigating and aggravating factors can increase or decrease a sentence depending on the specific circumstances of the offense and offender.
- Being able to apply sentencing principles to hypothetical scenarios and reach a reasoned conclusion demonstrates understanding.
- With practice applying the law, providing details and examples to support points, and considering different factors that may contradict, writing ability can improve over time.
The most important things are to keep practicing, learn from feedback, and focus on continual growth rather than comparisons to others. You seem engaged and willing to learn - with
Magistrates courts handle less serious criminal cases in England and Wales. Magistrates, who can be qualified lawyers or laypeople, oversee summary cases and some either-way offenses. They deal with bail applications, youth cases, and issues related to council tax, protection orders, and child welfare. Magistrates also determine if a case should be sent to the Crown Court for more serious offenses. Their trials involve presenting evidence, witness testimony, and determining guilt or innocence based on the burden of proof.
This document provides information about contempt of court and restrictions on media reporting in legal proceedings. It discusses:
1) The open court principle that justice should be seen to be done, but there are some restrictions on media reporting to protect fairness and privacy.
2) Reporting is restricted for active court cases, discussions of alleged criminals, and matters involving juveniles, victims, or national security. Contempt of court can include actions that prejudice or interfere with legal proceedings.
3) The Contempt of Court Act 1981 establishes types of contempt and defenses. Reporting restrictions apply to protect fairness in trials and privacy of victims, and can be lifted by judges as a deterrent.
This document provides information about sentencing youth offenders in England. It discusses pre-court responses, first tier sentences, custodial sentences for youths, and community orders. It notes that custodial sentences should only be used if other sentences are inappropriate. Examples of custodial sentences include detention and training orders, section 90/91 orders, and suspended sentences. Community orders can include youth rehabilitation orders with various requirements like supervision, curfews, and education. The document also discusses intensive supervision and surveillance orders and the aims of youth sentencing like preventing future crime.
The police have several powers to arrest individuals with or without a warrant. They can arrest without a warrant if they have reasonable suspicion that an individual has committed, is committing, or is about to commit an offense. They can also arrest for breach of the peace under common law. Arrest must be necessary, such as to investigate an offense, protect the public, or prevent a suspect from absconding. When arresting, police must inform individuals of their rights and give their name, station, and reason for arrest.
This document outlines an agenda for a class on criminal procedures and introduces a mock trial exercise. It includes an overview of criminal procedures, roles in the criminal justice system, and steps in the criminal process like investigation, arrest, bail, preliminary hearings, trials, and sentencing. It then provides details and instructions for two mock trial cases involving charges of murder or manslaughter in the death of babies or adults. Students are assigned roles and tasks to prepare opening and closing statements and examine witnesses for the mock trial.
1. Lord Denning, as Master of the Rolls, disagreed with the limitation that the Court of Appeal was bound by precedent, including decisions of the House of Lords.
2. In several cases, Denning refused to follow House of Lords precedents, arguing that the Practice Statement of 1966 allowed the Court of Appeal more flexibility.
3. However, the House of Lords rejected Denning's arguments and affirmed that the Court of Appeal must follow House of Lords precedents, and that only the House of Lords itself could revisit its own precedents.
The document discusses precedent and the House of Lords' ability to depart from its own precedent through the Practice Statement of 1966. It explains that the House of Lords can now overrule its own precedent when it believes the previous decision was wrong, in order to correct errors and allow the law to develop. However, it will maintain precedent in areas where certainty is most important, like criminal law. The Practice Statement allows the House of Lords to change its mind in some circumstances but uphold stare decisis in others.
Holden expresses disdain for Ossenburger, the man his dorm wing is named after. Ossenburger made money in the undertaking business by starting cheap funeral parlors. Holden implies Ossenburger provides poor quality burials for little money. While Ossenburger donated money to the school, Holden resents having to cheer for him at a football game and having his dorm named after a man he sees as uncaring about proper burials.
The document provides guidance on answering Question 3, which involves note taking and summary writing. It advises students to focus on the key information asked for in the question, write concisely using bullet points, and limit the summary to 200-250 words using their own words. Students are encouraged to group similar ideas together and use discourse markers to link their points. Time management tips suggest dividing work into sections based on the average number of words per line. The purpose is to help students understand what is expected for the question and how to structure their response.
This document contains guidance and instructions for students taking an IGCSE Reading exam. It begins with a dictionary exercise for students to define vocabulary words. It then provides advice on how to answer Question 1 of the exam, which involves transforming a text into an interview. Students are instructed to address all points equally, make reasonable inferences, and use their own words as much as possible. Sample conventions and structures for writing an interview are also outlined. The document concludes by providing the interview prompt for students to attempt, with guidance on criteria for a successful response.
Reporter: Mrs. Grylls, your son Bear seems to have a real passion for adventure. What kinds of adventures has he been involved in?
Mrs. Grylls responds that Bear has climbed Mount Everest and other challenging peaks from a young age. She notes that he is very determined and focused on conquering difficult tasks. While his adventures concern her at times, she has always known Bear to be drawn to challenges in nature.
The reporter then asks what Bear is like as a person. Mrs. Grylls says he has always had an adventurous spirit and was always climbing trees or walls as a boy. Though
The document provides guidance on how to write a summary in response to exam questions. It advises students to:
- Focus on only the information asked for in the question.
- Group similar ideas together and write them up using their own words, linking ideas with discourse markers.
- Aim to include 15-17 points total across two summaries, divided roughly equally.
- Spend 10 minutes summarizing each passage and 25 minutes writing the summaries.
It then provides an example of how to analyze a passage to identify key points, organize them into themes, and write a summary paragraph in their own words using synonyms and linking ideas.
This document provides guidance for students taking an iGCSE English Language mock exam. It outlines the structure and requirements of the different exam questions. For question two, students will analyze the language and style used in two selected paragraphs to understand the effect on the reader. They are instructed to select four quotes or phrases from each paragraph, explain the impact of the language, and analyze the techniques used by the author. Examples of potential responses are provided, with guidance on writing in a way that effectively addresses the assessment criteria. Teachers provide self-assessment questions and offer peer support to help students improve their exam skills.
The document provides a series of quiz questions testing iGCSE exam skills. The questions cover choosing the right words from passages, making reasonable inferences from pictures, defining vocabulary words, identifying facts about freediving, and matching conventions to genres. The quiz aims to prepare students for the range of question types they may encounter on iGCSE exams.
iGCSE Jan Mock Prep Lesson [Question 2 Extended]Miss Hart
The document provides guidance to students on analyzing the effects that word choices create in a paragraph. It instructs students to:
1) Identify 4 powerful words or phrases from a sample paragraph
2) Note what each word or phrase makes them think of to understand the connotations
3) Explain the effect that each word or phrase creates by discussing its connotations and associations
4) Conclude with a statement about the overall effect of the paragraph based on the language choices
The document uses examples and prompts students to practice this analysis to demonstrate understanding of how an author's word choices can create different effects.
This document provides guidance and examples for students creating their own exam questions and mark schemes based on a provided text extract. It includes:
- Instructions for students to create their own questions 1 and 2 using their understanding of the text.
- An example of question 1 on empathetic writing, including guidance to produce a mark scheme with expected content.
- An analysis of language from the provided text extract as an example for answering question 2.
- Further instructions and examples for completing the exam paper creation task, including finding a linked external text for question 3.
The document provides guidance and feedback on student evaluations. It discusses looking at comments on essays to see what students have done well and could improve. Students must pick one thing to improve for their next essay. If they receive a P grade on an essay or test, they will have to rewrite it. Their progress relates to their ALPS score, which can be green (above), amber (on target), or red (below). The document directs students to complete certain sections and ask questions if unsure.
This document discusses criminal attempts and the law around liability for attempts. It addresses the key issues and debates around the current test for what constitutes an attempt under the Criminal Attempts Act 1981. Specifically, it examines the "more than merely preparatory" phrase and how courts have interpreted it inconsistently in different cases, leading to uncertainty. It also compares the old common law tests for an attempt that existed prior to the Act and discusses whether they were any clearer or more appropriate than the current statutory test. The document aims to analyze the problems and limitations with the current approach to criminal attempts in order to fully understand this area of law.
The document discusses the legal concept of mens rea, or guilty mind, which is required for criminal liability. It covers several key aspects of mens rea, including:
- Intention, which can be direct (foreseeing and intending the consequences) or oblique (intending one consequence but foreseeing and being liable for another).
- The development of the test for determining oblique intent and liability for unintended consequences over several cases, culminating in the "virtual certainty" test in R v Woollin.
- Types of mens rea like intention and how scenarios can illustrate direct versus oblique intent.
Damian pulled a knife on Juan during an argument. Juan ran into the road in fear and knocked over Brenda on a bike, causing minor injuries to Juan and ultimately leading to Brenda's death after being hit by a car due to a thin skull. Juan refused medical treatment for his cut which became infected with gangrene. A doctor's error during an amputation to treat the infection caused Juan's death.
The statements evaluate Damian's liability for the harms to Juan and Brenda at different points in the causal chain. Statement A argues Damian is not liable for Juan's bruising, while Statement B argues he is not liable for Brenda's death due to her thin skull. Statement C argues the
The document provides an overview of key concepts in the criminal law topic of actus reus and omissions. It discusses the general rules for establishing criminal liability, which require both an actus reus (guilty act) and mens rea (guilty mind). It examines different types of acts that can satisfy the actus reus requirement, such as acts, omissions, consequences or results. It also explores the concept of omissions in criminal liability and how liability can arise from a failure to act in certain situations where there is a duty of care. The document uses cases like Donoghue v Stevenson and Airedale NHS Trust v Bland to illustrate these legal principles and provides examples, questions, and tasks
This document provides instructions for students to complete an assignment on the law of causation in tort law. It begins by asking students to plan their response to the question "The approach of the courts to the issues of causation is unfair to the defendant" and whether this is a correct statement of the law. Students are given two hours the following day to complete a 50-mark essay responding to this question. They are instructed to use case examples and details from their notes and planning sheet to support their answer. Feedback is also provided on previous student responses, highlighting areas of strong performance and areas for improvement in demonstrating knowledge of cases, identifying issues, and critically discussing the case law. Students are asked to identify a target for improvement in their
Here are potential links between the pictures and the topic of precedent in law:
Picture 1 (scales of justice): The scales of justice represent fairness and balance, which is what courts aim for when applying and following precedent - treating similar cases similarly. Precedent aims to promote consistency and predictability in the law.
Picture 2 (books): Law reports and law books contain published judgments from past cases that set precedents. Lawyers and judges research these sources to find binding and persuasive precedents to apply to current cases.
Picture 3 (gavel): The gavel is a symbol of a judge's authority in a courtroom. When a higher court overrules a lower court's decision, it is exercising its hierarchical authority established by
Duress can be a defense to most crimes, but not murder or attempted murder. There are three tests for duress: 1) D reasonably feared death or serious injury from a threat; 2) A sober, reasonable person would have acted the same way; 3) The threat was imminent. The threat must be against D or someone they are responsible for, like family. Self-induced duress is not a defense if D knew they could be threatened. Duress of circumstances also considers if D had no reasonable choice due to external factors beyond their control.
The document discusses the key elements of involuntary manslaughter, including gross negligence and constructive act manslaughter. It provides examples of cases and asks questions to test the reader's understanding of distinguishing between constructive acts, gross negligence, duties of care, breaches that cause death, and what constitutes grossly negligent actions. It aims to consolidate knowledge of this area of criminal law.
The document provides an overview of the law on loss of control as a partial defence to murder. It discusses the issues with the old law on provocation and how the Coroners and Justice Act 2009 aimed to address these. It examines the elements of the new defence, including the requirement for a loss of self-control, and the two qualifying triggers of fear of serious violence or circumstances of an extremely grave character that caused a justifiable sense of being seriously wronged. The document applies these legal principles through examples and evaluates whether the new law has adequately reformed the issues with the previous defence of provocation.
The document provides information and discussion questions about the defense of diminished responsibility in English criminal law. There are four key elements to the defense that must be proven: 1) abnormality of mental functioning, 2) recognized medical condition causing the abnormality, 3) substantial impairment, and 4) the abnormality must provide an explanation for the killing. The document examines cases that have helped define these elements and discusses debates around topics like the burden of proof, the role of intoxication, and proposed reforms to the defense. Students are prompted to consider application of the law to hypothetical scenarios and to critically analyze statements related to diminished responsibility.
4. Student Task:
Part Two
You all have a table. Each group has the same set of
articles, but a different focus. You have 20 minutes to find
out as much information on your area as possible.
Now you need to find your new table (where you’ll stay
for the rest of the lesson). Using everything that you all
You will also have two common areas.
have learnt you are going to complete the A3 sheet on
You have a your table on the operation ofas well. Use each
legal dictionary on each table Bail...
other to help and support!
5. Definition of bail:
Who decides? What could rebut it?
remove
There is a
presumption
that D is entitled
to remain at
liberty until the
next stage in the
process.
s.4 Bail Act 1976
Why? What next stage?
6. Who decides for the police?
Remember: At this point you have been charged!
... Or maybe not
Our friendly local
custody officer!
....his can be at any point after
arrest…
Linking your learning...
How do these powers relate to s.38 PACE (as amended by
police detention, which we just CJPOA 1994.)
looked at?
7. (1) Powers of the Police to grant bail
REASON… NEXT STAGE?
To conduct further investigations subject ofpolice IS task at a specified
The changes to this are the To the your station this week!
time in the future
If charged with an offence To appear at the Magistrates’ Court
at a specific date.
Do you think that the police are likely to grant bail?
Statistics:
5/6ths of Ds are bailed by the police
Why is it so common?
8. Ok, we’ll release you
but...
Conditional Bail
s.27 Criminal Justice and Public Order Act
1994
What is the purpose of conditional
bail?
What is the
purpose of Report to station at
these regular intervals
conditions? What if you
don’t agree Residence Surety Curfew
with them?
Confiscate Passport
9. You’re staying here!
Why might the police refuse to grant bail?
If S’s name and address
can not be discovered
If doubt that the name and S would commit an
address are genuine offence
S may not surrender to S would interfere with
custody witnesses or otherwise
obstruct the course of
justice
These are also the grounds under which the court may
refuse to grant bail.
10. So, what happens if the police
refuse to grant bail?
D must appear in the
Magistrates’ court at the first
possible opportunity.
Why?
If they can’t deal with the case
at the first hearing then have
to decide whether D given bail
or remanded in custody
On the other hand...
What happens if you don’t appear at the next stage?
11. Newcastle United footballer Joey Barton
Applying the Law:
requested bail at Liverpool Crown Court.
The 25-year-old appeared before Why do you
think he
Liverpool magistrates charged with
assault and affray and was initially
refused bail.
Barton, has been in custody since he was
was denied
arrested in the early hours of Dec 27 in
Liverpool city centre. Barton appeared bail?
via video link from Liverpool's Walton
Prison wearing a grey prison-issue
jumper and jeans.
During the hearing, the assault charge
against him was upgraded from a
Section 39 common assault to a Section
47 assault occasioning actual bodily
harm. It has been alleged Barton and a
group of his friends were involved in two
separate incidents following a row with
another group inside a McDonald's
restaurant at around 5.30am.
12. Post-it time!
Answer one of the following questions...
A Evaluate whether the police‟s powers to grant
bail adequately protect the individual‟s rights.
B Explain the recent change to the law on bail and
murder
C Describe why the police might grant bail to a
person who has been charged with an offence
D Identify three conditions which may be imposed
on your bail.
E Tell me what is meant by „bail‟
13. Starter:
What is wrong with each of the
following sentences?
1. The police send defendants to the Magistrates’ Court to
decide on bail.
2. If you are charged with murder you will not be granted bail.
3. Surety is when the defendant pays an amount of money to
ensure that he appears at the next stage of the criminal
process.
4. The presumption of bail is that D will not be granted bail
unless there are reasonable grounds
14. What are we looking at today?
The aim is to understand
the powers of the court to
grant bail, and the
effectiveness of the
current system of bail
Extension:
We will also look at the
appeals process.
15. The Magistrates’ Court
What factors does the court take into consideration?
The nature and seriousness of D‟s antecedents
the offence
Probable sentence D‟s associations and community
ties
D‟s previous behaviour whilst on For D‟s own protection
bail
D‟s character Strength of the evidence
against D
16. So, what are the Magistrates‟ Courts Powers?
Conditions? Under 17?
“anything which
will ensure that D
surrenders at the
next stage of the
Remand?
criminal process”
GENERAL RULE
If the offence doesn’t carry a custodial
Vary? sentence, only refuse if....?
17. What about the Crown Court?
Some restrictions... and some powers
CJPOA 1994 as amended
by the s.56 Crime &
Disorder Act 1998
s.115 Coroners and
Justice Act 2009
s.25 Criminal Justice and
Public Order Act 1994
Only grant bail if
there‟s
“no significant risk s.19 Criminal Justice Act
2003 , amending Bail Act
of injury to another” 1976
MURDER s.14 Criminal Justice Act
2003, amending Bail Act
1976
18. When might the courts refuse to grant bail?
“substantial grounds”
to believe that D, if on bail would:
• fail to surrender to custody
• Commit an offence whilst on bail
• Interfere with witnesses or obstruct the course of
justice
• Own protection
s.114 Coroners and Justice Act 2009 “substantial grounds to
believe D engage in conduct likely to injure another”
19. Do you understand Bail?
On your table you have the A3 sheet, which you completed as a
group last lesson.
You also have your own blank copy
You have 20 minutes to complete it in as much detail as you can!
20. Can you match them up?
Match the rebuttal to the section of the act... Without using your notes!
s.114 Coroners and s.14 Criminal Justice s.115 Coroners and
Justice Act 2009 Act 2003 Justice Act 2009
A. Previously D. Over 18, drugs related
C. Convicted of offence and refuse
committed an offence rape, murder or
whilst on bail treatment
attempted rape
or murder and
B. Substantial grounds charged with E. Charged with murder and reason
to believe D will do one of them to believe there is no significant risk
things likely to injure of injury to another
another
s.56 Crime & Disorder
s.19 Criminal Justice
Act 1998 (amending
Act 2003
CJPOA 1994)
21. Can you match them up?
Match the rebuttal to the section of the act... Without using your notes!
s.114 Coroners and s.14 Criminal Justice s.115 Coroners and
Justice Act 2009 Act 2003 Justice Act 2009
A. Previously D. Over 18, drugs related
C. Convicted of offence and refuse
committed an offence rape, murder or
whilst on bail treatment
attempted rape
or murder and
B. Substantial grounds charged with E. Charged with murder and reason
to believe D will do one of them to believe there is no significant risk
things likely to injure of injury to another
another
s.56 Crime & Disorder
s.19 Criminal Justice
Act 1998 (amending
Act 2003
CJPOA 1994)
22. AO2:
The main debate with bail
The rights of the defendant
to have liberty and the
presumption of
innocence.
Vs.
The public’s right to be
protected from repeat
offenders, or those who
abscond whilst on bail
23. Some facts and figures...
14% of those on bail fail to
appear at court Does bail work?
About 20% of the prison
population is on remand.
60% of those on remand will
be given a non-custodial
sentence.
18% of those on remand will
be found not guilty
25% of DD commit a further
offence whilst on bail
24. Bonus Knowledge:
A final appeal
Prosecution Appeals Defence Appeals
Bail (Amendment) Act 1993 as only one further application to
amended Mags unless change of
circumstances.
P has right to appeal to judge at can appeal against refusal to
CC against granting of bail.
grant bail – made to judge in the
Applies to all offences crown court.
. D who is sent to trial in the CC,
apply there for bail...
AO2:
Why give P a power of appeal? AO2
Is this enough protection to
What might the government be ensure that you‟re liberty is only
worried about? taken under process of law?
25. Applying the Law:
Ok, so you kind of get it...
1. Alex, aged 19, is charged with a robbery in which he
threatened a shopkeeper with a gun and stole £2000. He
has no previous convictions and lives at home with his
mother.
Yes... No...
Conclusion:
26. Independent Work:
Now, what about these?
Homer, aged 43, is charged with three
offences of burglary. He has been Melanie, aged 21, is charged with theft
convicted of burglary on two occasions of items from a sportswear shop. She is
in the past and lives with his wife of 20 currently unemployed and living rough.
years. He was arrested with some of the She has no previous convictions.
stolen goods in his possession.
Tip: aim for four points you can discuss for each!
27. Marking and improving an
essay
Bail is whether D should stay in custody or free. Under s.4 of the Bail Act
1976 D should be granted bail.
On your desk you have a
Both the police and the courts can grant bail. The police can give bail to a D
who has been charged with an offence, to make sure they appear at court. sample student’s essay.
The police can also refuse bail and if D doesn’t turn up the police can
arrest him. If the police refuse bail they must bring the defendant in front
of the Magistrates Court. If the Magistrate can’t deal with the whole case
then they will decide whether to remand or give bail.
Task One:
Most people get unconditional bail. The courts and the police can also give
Mark it!
him conditions to stick to, to make sure he turns up e.g. surety.
When deciding whether D gets bail, the court looks at the background of D
and what he has done. But if he wouldn’t be put in prison for it at the end, Task Two:
then he can only be locked up if he didn’t stick to it before or the court has
reason to think he won’t this time. Comment on it!
To protect the public, D might not get bail if he committed the offence
while on bail or if D is an adult and charged with a drugs offence
People who are repeat offender have a limited chance of getting bail, Task Three:
especially those who are charged with murder, attempted murder,
manslaughter, rape or attempted rape and have already served a sentence
for a similar offence. (s25 Criminal Justice and Public Act - which has been
Improve it!
amended). After Gary Weddell it is also harder for a murderer to get bail if
they think he might harm someone else.
D is still innocent until proven guilty and so should be given bail because
it’s fairer.
28. You’re almost there!
Look back at the A3
sheet and complete
the final section!
On your post it..
1. One thing you have
learnt this lesson.
2. One question you
have or one thing
you are still not sure
of.
29. Plenary:
You all have a blob tree.
Using the objectives on the
front of your handout on
bail, chose the blob which
most accurately reflects how
you feel about bail.
You can pick more than one
You should add some notes to
explain why you chose that one.
Stick it on the inside of your
handout