All Questions
Tagged with united-kingdom criminal-law
138
questions
-2
votes
3
answers
311
views
How can mens rea in illegal staring be proved beyond reasonable doubt?
I saw this in London tube the other day:
Intrusive staring of a sexual nature is sexual harassment and is not tolerated.
See it or experience it on public transport? Always report by texting British ...
- 27.8k
0
votes
1
answer
138
views
Remanded for a plea of Not Guilty for Reasons of Insanity?
In this scenario, someone is arrested and accused of a racism crime, for example sending racist messages through an online social media platform to another person of the same ethnicity as the offender....
- 1,202
-2
votes
1
answer
127
views
Which law criminalises suspended/former teachers having sex with 16-year old pupils?
A UK school teacher is about to be put in jail for having sex with schoolboys, 15 and 16 years old.
This question is only about the 16-year old part of the story:
The jury was told that it was a ...
- 27.8k
3
votes
1
answer
210
views
Does the UK have an equivalent to the Cheek defence?
In essence, in the UK, can someone raise a defence of an unreasonable yet good-faith misunderstanding if charged with tax evasion?
In Cheek v. US, the US Supreme Court stated that a defendant’s mere ...
- 1,243
4
votes
1
answer
154
views
Is this protest group committing a crime by moving food into a shop's donations bin?
A Scottish group called This Is Rigged, protesting the cost of living crisis, has been entering supermarkets and moving items such as food and baby formula from the shelves straight into the food bank ...
- 153
37
votes
2
answers
12k
views
Is it stealing if three books are allowed to be taken for free and I take more?
There is a charity shop, which sells nothing but gives books away for free. They do accept optional donations of money, and any books donations so they have more books to give away for free.
Upon ...
- 1,202
2
votes
2
answers
190
views
If the reigning monarch in a constitutional monarchy commits serious offences like terrorism or mass murder, are they really immune from punishments?
Answers for the UK especially welcome but any modern monarchy likewise. What would - or could- happen to King Charles if he went on a rampage and shot up a school and then went and planted/detonated a ...
0
votes
1
answer
132
views
Could my son get in legal trouble for a poor taste joke he made on social media?
My son is 16 and runs a meme page on Instagram. A couple of hours ago, he posted a photograph of Lord Mountbatten with the caption "hey British people, the IRA made Lord Mountbatten go boom, how ...
- 11
2
votes
1
answer
44
views
Are all sums includable in a criminal compensation order in principle also recoverable privately via civil claims?
Alice was assaulted by Bob, but suffered no injuries (thus incurred no medical expenses) or other damages or loss. She complains to police, who eventually charge Bob. Bob is convicted, and sentenced ...
3
votes
2
answers
293
views
At what point does a DUI begin?
(Based on a scene from TV show - 'The Rookie')
A woman who is clearly drunk is walking across the road towards her car. One officer sees and says "DUI" and the other correctly points out &...
- 1,966
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
0
votes
1
answer
173
views
Dual Criminality with an MLAT?
Pretend someone in England (United Kingdom) sends a message containing racist words to another person in the same jurisdiction. They are later reported to the police and arrested, I would assume under ...
- 1,202
2
votes
1
answer
303
views
What are the most severe possible sentences faced by the three accused Russian spies?
Three Bulgarian National alleged Russian spies have been arrested and charged in the UK. What is their worst possible outcome on the other end of this?
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
4
votes
2
answers
188
views
Is there such a thing as 'attempted copyright infringement' in the UK?
I've recently read an article about a proposed bill that would criminalise attempted copyright infringement in the US. link - https://www.wired.com/2007/05/ippa07/
I was wondering if the UK had any ...
- 41
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
-1
votes
2
answers
1k
views
Can someone be prosecuted posthumously?
Can someone be prosecuted posthumously in the British or EU courts for alleged sexual offences committed many centuries ago?
- 734
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
1
vote
1
answer
95
views
Insanity plea construction - UK
I am reading through my textbook and I am interested in the concept of insanity. First the rules of an insanity plea:
To successfully plead insanity, it must be clearly proved that at the time of ...
- 155
3
votes
1
answer
157
views
Fitness to plead - UK - what happens when the defendant gets better?
Once a defendant has been found unfit to plead, found to have committed the act (via a trial of facts) and sentenced to hospital (via the Mental Health Act), can the case be reopened when the ...
- 155
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
2
votes
1
answer
12k
views
Are there countries which neither extradite to the UK nor prosecute the accused themself?
Despite an alleged crime meeting the double-criminality requirement, are there any countries that would not extradite a British national back to the united-kingdom nor prosecute the accused themself?
...
- 1,202
0
votes
1
answer
111
views
Convictions for not doing age verification check for selling alcohol
The following questions are about selling alcohol in the United Kingdom.
Has anyone ever been convicted by a court for the only reason they did not do an
age verification check?
What evidence would ...
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
2
votes
1
answer
209
views
Taking phone from rape victims?
I read in a recent news report that victims of rape would no longer be required to surrender their phones to police for a "digital strip search", however the alleged perpetrator would. The ...
- 1,202
14
votes
2
answers
4k
views
Can I ask for a Judge Trial - UK
In the UK, at least by my understanding, most trials are heard in a magistrates' court without a jury. Only the most serious crimes are heard in the Crown Court and require a jury verdict.
However, if ...
- 1,415
-1
votes
1
answer
130
views
What laws cover offences against those with various sets of protected characteristics?
The Equality Act 2010 legally protects people against discrimination, harassment or victimisation based on nine "protected characteristics":
age
disability
gender reassignment
marriage and ...
1
vote
1
answer
134
views
Did the Manchester consulate Hong Kong independence protestors commit a public order offence?
Protestors recently gathered outside the PRC consulate in Manchester raising a photoshopped portrait of President xi in a noose.
Would this have been tolerated had it been king Charles outside of ...
1
vote
1
answer
74
views
Definition of "religious belief" under the UK Crime and Disorder Act 1998
The UK's 1998 Crime and Disorder Act defines "religious group":
In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious ...
- 181
0
votes
1
answer
91
views
What is an out of court disposal?
Several recent questions have elicited answers mentioning out of court disposals. What are these?
4
votes
3
answers
999
views
Can a decision to prosecute be judicially appealed?
Meet Charlotte. Charlotte is suspected of a crime, in respect of which a decision was made that it was sufficiently in the public interest so as to charge her.
Charlotte meanwhile disagrees with this ...
4
votes
1
answer
402
views
Leave to remain for criminal victim/witness
Meet Alice. Alice was assaulted by a coworker who punched her in the face, and was promptly arrested and charged. However, Alice was just nearing the end of her student visa. Alice was thus told that ...
- 835
-2
votes
2
answers
170
views
Is antisocial behaviour a "crime"?
It seems almost to be its own entity, almost like contempt of court in being neither criminal nor civil, as well as analogous to the process of being bound over for a breach of the peace.
For example ...
1
vote
1
answer
388
views
What is a recordable offence and can you refuse to give your DNA and fingerprints to the police?
What is the essence of a recordable offence and what happens if you decline consent to give your DNA and fingerprints in the station?
What provisions define the notion of a recordable offence? What ...
7
votes
5
answers
499
views
If sexual consent is gained by deceit or misapprehension, is the resulting sex legally a rape?
In Arthurian legend, the wizard Merlin magically disguises Uther Pendragon to look like his enemy Gorlois, enabling Uther to sleep with Gorlois' wife Lady Igraine; thus conceiving the child that would ...
- 171
6
votes
1
answer
679
views
Was or is possession of screwdriver illegal in the UK?
I stumbled on this article (may be NSFW or disturbing), which states about the defendant in a case from 2004:
The court heard that [defendant] had [a previous conviction] for possession of a ...
- 715