All Questions
15
questions
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?
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
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
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
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
5
votes
1
answer
216
views
Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?
Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment.
Is the law still confined to an 'unjust factors' approach as ...
- 51