All Questions
Tagged with united-kingdom common-law
36
questions
0
votes
1
answer
142
views
Is Shopkeepers privilege a distinct thing in the UK?
There is s3 (criminal law act) reasonable source assistance and s24A (police and criminal evidence act) citizens arrest which seem to cover the same grounds but do shopkeepers have any distinct ...
6
votes
1
answer
704
views
What is a “legal code,” and is the British statute book one?
A recent answer laments the ostensible apparent lack of a “legal code.” But just what is a legal “code,” such as presumably the “U.S. CODE,” our various other countries’ so called “civil codes,” and ...
0
votes
0
answers
58
views
Would using a parasite be Assault with a Deadly Weapon?
What crime would be committed if an Offender inserted a parasite into a victim's ear? This would be involuntary and for malicious purposes. The outcome could range from short-term discomfort to severe ...
- 1,202
2
votes
3
answers
375
views
Which law rules polygraphs inadmissible in UK?
Where does it say that polygraph tests (lie detector tests) are inadmissible under law in England and Wales?
I am mostly interested in their usage being disallowed for criminal (both Magistrates' ...
- 1,202
7
votes
1
answer
2k
views
Minimum penalty for extradition makes no sense?
I have been looking into extradition law, focusing on the United Kingdom (England and Wales jurisdiction) wanting to extradite an individual back from a country abroad.
There are many factors to ...
- 1,202
1
vote
2
answers
159
views
Can courts consider hansard transcripts in interpreting statutes?
When a court is trying to decide the meaning of a law, can it consider the discussions which begot it?
2
votes
1
answer
212
views
What happens when the law changes?
Assume a criminal offence occurred in the past (for example 2015), before a new law was passed at a future date (for example 2016).
What law would be referred to by the judge when it comes to ...
- 1,202
2
votes
1
answer
71
views
Minimum sentence for Mutual Legal Assistance Treaty (MLAT) request
I was told by a friend studying Law, that for a country to submit a Mutual Legal Assistance Treaty (MLAT) request there would be certain criteria that must first be met. If they are not met, the MLAT ...
- 1,202
3
votes
1
answer
396
views
Defendant not present for sentencing
If the defendant does not turn up to court for sentencing, can the defence still put forward mitigations and character references?
One would assume that the defence would be prevented from bringing ...
- 1,202
1
vote
1
answer
2k
views
Until what stage can a judge overrule a jury's verdict?
In the England & Wales jurisdiction, at a Crown Court, I have heard that the judge has the power to overrule a jury's guilty verdict. I assume, as an example, this would happen if the jury ...
- 1,202
1
vote
1
answer
109
views
Sentencing guidelines - released after half or two thirds?
The Sentencing Council website explains how long an offender would spend in prison. I was interested in the first part of the below paragraph.
For some serious violent or sexual offences where the ...
- 1,202
7
votes
2
answers
1k
views
Appealing a verdict due to the lawyers being incompetent and or failing to follow instructions?
Pretend there is a criminal court case against a defendant in England and Wales. The instructed solicitor from a firm, and barrister from a Chambers, do not follow the defendant's wishes regarding a ...
- 1,202
5
votes
1
answer
2k
views
Law about adult video websites retaining actors' PII
Pretend there is a British person in the United Kingdom (England & Wales jurisdiction), that for some legally justifiable reason needs to obtain the name (and other information) of a female adult ...
- 1,202
1
vote
1
answer
141
views
Summary-only offence time limits
I was reading about Summary only offences here, focusing on the England & Wales jurisdiction, where the general rule is a six months statute of limitations.
The general rule for time bars on ...
- 291
2
votes
2
answers
106
views
Find case law for Acts of Parliament
I am new to the field of law, focusing on common law (criminal only) in the jurisdiction of England & Wales.
I have searched the government legislation website for various acts, in this case the ...
- 291
0
votes
1
answer
249
views
Computer Misuse Act 1990 vs Police and Justice Act 2006
I am studying towards a qualification called CREST CPSA, reading through their syllabus guide here. It covers some sections on Law that I was hoping to clarify on here.
On PDF page 6/20 it covers the ...
- 291
2
votes
1
answer
96
views
UK: Can Islamic Shariah Councils act as binding arbitrators?
Could marriage be considered as a civil contract between two parties which defer to specific kind of arbitrators in case of disputes, giving up their right to judicial review, in a fashion similar to ...
- 312
1
vote
0
answers
49
views
Is the law of Accord and Satisfaction a very undeveloped field?
I have tried to find cases of Accord and Satisfaction in the Jamaican Jurisdiction but there are hardly any. And the UK courts also only have a few of them. Do you know where I can get it?
Moreover, ...
- 47
4
votes
3
answers
323
views
An erstwhile friend misled me to believe she had committed suicide. Can I take action?
A good friend of many years, but with whom I fell out two years ago, meticulously misled me via multiple emails purporting to come from a member of her family, that she had died. Not only died, but ...
- 139
3
votes
1
answer
113
views
Sentence given when a Summary only offence has imprisonment over 6 months?
I was reading into the Wireless Telegraphy Act 2006.
At the sentencing section, I note the following:
(a)on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not ...
- 291
1
vote
0
answers
53
views
How distinct (un-continental) are the UK tax and accounting law and court decisions in tax and accounting cases?
UK has common law system which is based on the case law. But meanwhile there is ongoing efforts to codify some laws - e.g. there is https://www.legislation.gov.uk/ukpga/1994/23/contents Value Added ...
- 375
4
votes
3
answers
312
views
Northern Ireland: Is Homicide an offence in common law or is it an offence in statute?
In one of the episodes of the British-Irish television series The Fall, a person is charged by PSNI, in Northern Ireland, with multiple counts of murder. The police officer reads out the charges in ...
3
votes
2
answers
620
views
Where does the legal principle of "can't benefit twice" come from?
I've been told there is a legal principle (in UK law, specifically England) that a person cannot be allowed to benefit twice from a court's decision. I've found criminal law which addresses that, and ...
- 41
4
votes
1
answer
184
views
Was new law created when the UK Supreme Court ruled against the prorogation?
The Supreme Court ruled yesterday that:
a ruling on a prorogation was justiciable
and that the duration of the prorogation Boris Johnson advised the Queen to enact, was unlawful
Does this mean new ...
- 533
2
votes
2
answers
177
views
Legal status of an ongoing situation pending an appeal
Apologies for the title. I could not think of a concise and accurate way to phrase it.
I will phrase this question in terms of charitable trusts, but my question is really about the general principle....
- 8,356
2
votes
4
answers
984
views
Is answering a question you are not sure about under oath perjury?
Suppose I struggle to see at night, but was witness to a crime that took place and have been asked to give testimony. At the stand, I am asked whether I saw the defendant committing the crime, and ...
- 123
2
votes
1
answer
221
views
Is there a defence of persecution by law?
Justice derives from just, what is right and fair. If you are guilty (as in, you've committed the offence not been judged) of an offence but your arrest/prosecution is unfair in its application can ...
- 457
1
vote
1
answer
416
views
Can UK citizens claim common law rights in a UK court, and what would happen if they did?
I've read in numerous blogs and heard from a few people that common law is more important than statute law in the UK, and that UK citizens can claim common law rights in some cases for their benefit.
...
- 183
1
vote
1
answer
80
views
Child Custody : Cases supporting Father as primary care giver or shared care and control
Does anyone have Court of Appeal cases where by custody is awarded to the father or shared custody is awarded?
Basically Father proposed a shared care and control parenting arrangement but mother is ...
- 111
-1
votes
2
answers
66
views
Is "accusing one liable to offence" indirectly libel?
Suppose there are three people, A, B, and C.
A and B has a personal dispute, all parties know each other, and on one day, B's private chat group was attacked and destroyed by an unknown person, whose ...
- 181