All Questions
Tagged with united-kingdom common-law
36
questions
0
votes
1
answer
139
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
701
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 ...
- 1,180
2
votes
3
answers
372
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' ...
- 1,180
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 ...
- 1,180
1
vote
2
answers
157
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
209
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 ...
- 1,180
2
votes
1
answer
70
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 ...
- 1,180
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 ...
- 1,180
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 ...
- 1,180
1
vote
1
answer
106
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 ...
- 1,180
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 ...
- 1,180
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 ...
- 1,180
1
vote
1
answer
134
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