All Questions
Tagged with united-kingdom criminal-law
138
questions
23
votes
9
answers
7k
views
Is religious confession legally privileged?
I'm referring to Catholic confession to a priest. I'm sure, like attorney-client privilege, that if you disclose a future crime you are planning to commit then they can and will tell the police. I'm ...
- 1,966
2
votes
3
answers
2k
views
Can the victim drop charges?
In this example, pretend Alex stabs Bob using cutlery (a knife) at a restaurant, who subsequently presses charges as it was an unprovoked attack.
Bob later decides to drop the charge, he has survived ...
- 1,202
-5
votes
1
answer
104
views
Is not disclosing your address a reason alone to be remanded into prison? [closed]
What do you do if your duty solicitor recommended you to self represent but the judge / court basically ignores the testimony and continue to abuse, exploit and invert language and its meaning/origin ...
- 119
4
votes
1
answer
130
views
Still be questioned without a solicitor?
In the United Kingdom, England and Wales jurisdiction, when someone is arrested they are read a caution.
If at that moment, the person declines to give a statement, and then asks for a solicitor, can ...
- 1,202
0
votes
0
answers
53
views
Computer Misuse Act - Extent to which Authorisation has to be proven [duplicate]
The Computer Misuse Act 1990, section 1, says that a person is guilty of an offence if
(a) he causes a computer to perform any function with intent to secure access to any program or data held in any ...
1
vote
2
answers
247
views
Computer Misuse Act - What is necessary to prove unauthorised?
So, the act states an individual has to know the access is "unauthorised". How is this proven by the state? Of course, for a simple act like entering a username/password that they know they'...
-2
votes
1
answer
55
views
Old backups containing login information [closed]
I've been keeping an old website backup of a website that I used to work on on my PC for the last year or so. It was all my own work and wanted to just keep it in case I ever wanted to reuse it or use ...
- 155
2
votes
1
answer
108
views
uk law, private prosecutions and the consent of the DPP
In the UK, suppose you are bringing a private prosecution against some individuals.
I believe that the person bringing the prosecution may terminate the case at any time.
However, if the (DPP) charges ...
- 221
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
0
votes
1
answer
2k
views
Is not stopping for a damaged car wing mirror counted as a hit-and-run?
It is a fairly common occurance for many motorists to have either a car wing mirror damaged or knocked off, especially on tight and difficult to navigate roads in the UK where there is little room to ...
- 303
4
votes
1
answer
147
views
Does an MLAT request have an age limit?
Having recently found out about Mutual Legal Assistance Treaty (MLAT) requests, I had some questions that I could not find on the government (gov.uk) website. I am interested in both between UK and EU ...
- 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
4
votes
2
answers
737
views
Where is the line between civil and criminal breach of copyright?
My understanding is that acts can be a breach of copyright and can result in being held liable in civil courts (a civil wrong?) without being criminal and result in being found guilty in criminal ...
- 7,670
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