FALSE IMPRISONMENT. Nigel Joseph Ley, Barrister J O R D A N S 2001
|
|
- Jeffrey Cross
- 5 years ago
- Views:
Transcription
1 FALSE IMPRISONMENT Nigel Joseph Ley, Barrister U J O R D A N S 2001
2 CONTENTS Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of Other Material Table of Military Rules and Regulations Table of Abbreviations Page v xix xli lv lvii lix lxi Chapter 1 HISTORICAL BACKGROUND False imprisonment as a form of trespass Statutory innovations from Magna Carta to the Police and Criminal Evidence Act The present day 5 Chapter 2 WHAT AMOUNTS TO AN IMPRISONMENT AND THE MENS REA REQUIRED TO BE A TORTFEASOR The requisite restriction on the liberty of movement Consent Knowledge Malfeasance or nonfeasance and contractual obligations A change in the quality of the incarceration De minimis Excessive duration and trespass ab initio The mental element Causation Chapter 3 DEFENCES 3.1 Introduction 3.2 Consent 3.3 Necessity 3.4 Duress 3.5 Immunity 3.6 Lawful arrest and detention 3.7 The definition of an arrest 3.8 How an arrest is brought about 3.9 Surrender to police bail 3.10 Who can be arrested? 3.11 The location of the arrest and sanctuary 3.12 Information to be given on arrest
3 viii False Imprisonment 3.13 Detainees who are deaf or cannot speak English The correct legal reason Possession of drugs Additional requirements placed upon the police At the time of the arrest Traps for thieves which lock automatically Sufficiency of the evidence needed to prove that the requisite reasons were given 35 Chapter 4 SERIOUS AND OTHER ARRESTABLE OFFENCES Introduction The definition of an arrestable offence Customs and excise offences CEMA Alcoholic Liquor Duties Act Value Added Tax Act Finance Act Finance Act Certain offences under the Official Secrets Act Certain offences under OSA Offences under the Sexual Offences Act 1956, ss 22, Offences under the Theft Act 1968, ss 12(1), 25(1) Any offence under the Football (Offences) Act An offence under the Obscene Publications Act 1959, s An offence under the Protection of Children Act 1978, s An offence under CJPOA 1994, s An offence under the Public Order Act 1986, s An offence under CJPOA 1994, s An offence under the Prevention of Crime Act 1953, s 1(1) An offence under the Criminal Justice Act 1988, s 139(1) An offence under CJA 1988, s 139A(1), (2) An offence under the Protection from Harassment Act 1997, s 2 5S An offence under CJPOA 1994, s 60(8) (b) An offence under CDA 1998, s 32(1) An offence under FSA 1989, s 16(4) 54
4 Contents j x An offence under POA 1986, s 32(3) Inchoate offences Serious arrestable offences 54 Chapter 5 THE CITIZEN'S POWER OF ARREST WITHOUT A WARRANT Introduction The general rule: crimes within the jurisdiction Statutory exceptions: crimes outside the jurisdiction High treason and terrorism Offences at sea or by seamen Offences committed whilst in the service of Her Majesty Homicide Bigamy Offences against protected persons Offences in relation to nuclear material Causing nuclear explosions Sexual offences Perjury Conspiracy War crimes and landmines Fraud Offences on aircraft Prosecutions which can be brought only by the Law Officers or the Director of Public Prosecutions or other nominated people Public place Common law powers Treason Breach of the peace Definition When an arrest can be made A person unlawfully at large Statutory powers NineteenuVcentury statutes Unlawful Drilling Act Vagrancy Act Licensing Act Public Stores Act Twentieth-century pre-pace statutes Visiting Forces Act Army Act
5 5.6 False Imprisonment Conclusions Air Force Act 1955 Sexual Offences Act 1956 Naval Discipline Act 1957 Criminal Justice Act 1967 Theft Act 1978 Criminal Attempts Act 1981 PACE 1984 Twentieth-century post-pace statutes Criminal Attempts Act 1981 Reserve Forces Act Chapter 6 THE POWERS OF ARREST OF A CONSTABLE WITHOUT A WARRANT AND POWERS OF DETENTION FALLING SHORT OF AN ARREST Introduction Constables - who they are - and their territorial jurisdiction Irish, Scottish, Channel Island and foreign constables Constables in uniform Common law powers Abolition of pre-1984 statutory powers of arrest Present day powers of arrest Arrestable offences Breach of police bail Statutory powers of summary arrest not repealed by PACE Game Act Military Land Act Protection of Animals Act Emergency Powers Act Public Order Act Prison Act Visiting Forces Act Army Act Air Force Act Naval Discipline Act Street Offences Act Firearms Act Children and Young Persons Act Immigration Act Bail Act Criminal Law Act
6 Contents Animal Health Act Representation of the People Act Mental Health Act Repatriation of Prisoners Act Legislation passed since PACE The general arrest Commentary Sporting Events (Control of Alcohol etc) Act 1985 Public Order Act 1986 Road Traffic Act 1988 Football Spectators Act 1989 Prevention of Terrorism (Temporary Provisions) Act 1989 Criminal Justice (International Co-operation) Act 1990 Transport and Works Act 1992 Trade Union and Labour Relations Consolidation Act 1992 Asylum and Immigration Appeals Act 1993 Criminal Justice and Public Order Act 1994 Family Law Act 1996 Housing Act 1996 Reserve Forces Act 1996 Consumption of Alcohol (Young Persons) Act 1997 Crime (Sentences) Act 1997 Immigration and Asylum Act 1999 Terrorism Act 2000 conditions their definition Restriction of the exercise of the power of arrest The Codes of Practice Detain for questioning Other statutory powers Chapter 7 THE ROAD TRAFFIC ACT Introduction Driving Steering a vehicle Still driving 128
7 xii False Imprisonment 7.5 Death by dangerous driving: section Causing death by driving carelessly etc: section 3A Driving whilst unfit: section Attempts to drive - at common law Theactusreus The mensrva Impossibility Drugs Breathalyser offences: section The power of arrest When an arrest cannot be made The lawfulness of the breath test Commentary on section 6: Elements of breathalyser offences Require A breath test Definition Approved devices Their modus operandi Motor vehicle Danger to other road users: section 22A Driving whilst disqualified: section Summary 142 Chapter 8 REASONABLE SUSPICION AND BELIEF Introduction Mistakes of law and fact Subordinate legislation and directives of the European Union Suspicion Whose suspicion? The reasonable and unreasonable suspicion of the initiator of the arrest The most recent authorities - post Giving misleading information to the police Being unco-operative with the police The relevance of previous convictions Information received and informers Conflicting evidence The need to make further inquiries The results obtained from further inquiries Assault cases Drunken drivers Introduction Suspicion of driving Reasonable suspicion of alcohol consumption 159
8 Contents No reasonable suspicion of alcohol consumption Observed coming out of licensed premises Suspicion of unfitness to drive Suspicion of being involved in an accident causing injury Belief Conclusion Chapter 9 Chapter 10 OTHER GROUNDS THAT RENDER AN ARREST UNLAWFUL Trespass to land Statutory rights to enter Trespass to the person Finding of facts as to the cause of injury Wednesbury unreasonableness Holding charges LAWFUL DETENTION AFTER THE INITIAL ARREST Introduction Prior to the arrival at a police station At the police station The initial decision to detain Written records When to charge - sufficiency of the evidence Reviews and further detention Extended custody period Relevant time Release from custody No grounds to justify continuance After charge Unreasonable delay and lack of expedition on the part of the police in charging or releasing Breach of the rules laid down in Part IV of PACE 1984 Detention of those arrested under RTA 1988 Terrorists Location of actual detention Servicemen Visiting forces Chapter 11 THE ARMED FORCES Introduction Powers of detention 191
9 False Imprisonment The Customs legislation The Army, Navy and Air Force Acts The Army The Navy and Air Force Serviceman attached to another service The reserve forces and civilians Visiting forces Immunity from suit Military discipline Inconclusive House of Lords' cases Cases favouring immunity Cases against immunity - the seventeenth and eighteenth centuries The nineteenth century The twentieth century - pre-second World War cases Post-Second World War cases and the European Convention on Human Rights Decisions in other jurisdictions The defence of superior orders Decisions in the United States English decisions The twentieth century Inter arma silent leges Martial law Acts of State When actions can be brought during hostilities Cases arising out of the annexation of India and the Boer War Irish cases Conclusions After the cessation of hostilities Statutory immunity Summary 212 Chapter 12 THE POWERS OF CERTAIN SECTIONS OF THE CITIZENRY TO RESTRAIN THE FREEDOM OF MOVEMENT OF OTHERS Introduction County court bailiffs Officers of Her Majesty's Customs and Excise and others authorised by the Commissioners 213
10 Contents xv 12.4 Health authorities Immigration officers Inspectors appointed under the Animal Health Act 1981 ('AHA 1981') Inspectors of canals Landowners, their servants and owners of shooting rights London boroughs Local authorities Owners and captains of Merchant Navy ships and aeroplanes Parents and those in loco parentis Prison governors and warders The railways - those associated with them, including inspectors and employees The Secretary of State Sheriffs Water bailiffs Generally 229 Chapter 13 LIABILITY AS A TORTFEASOR Introduction Counselling and procuring Vicarious liability Chief officers of police and police authorities Judicial acts The applicant The judiciary Compliance with the orders made, and the warrants issued, by the judiciary What are warrants and when can they be issued? Where executed When a wrongly named person is arrested Necessity for possession of the warrant Obeying the terms of the warrant Backing of warrants Constables Protection Act Ministerial officers University policemen County court bailiffs and those assisting them Sheriffs Diplomats and members of international organisations 245
11 xvi False Imprisonment Chapter 14 REMEDIES FOR FALSE IMPRISONMENT Introduction Habeas corpus Damages General damages Definition Court of Appeal guidelines on quantum Applying the guidelines - arrests lasting no more than a day Juries Present-day awards compared with those awarded pre the Thompson case The guidelines - incarcerations lasting more than 24 hours Aggravated damages Definition The conduct of the defence in court Quantum Exemplary damages Their purpose and scope Judicial awards Juries Special damages Loss of earnings An overview of the level of damages recovered Settlements The Law Commission The claimant's conduct Nominal damages Detention only becomes unlawful because of a bonafide error on the part of the jailer The summing up to the jury Date for assessment of, and interest on, damages Conclusions and future developments Chapter 15 CIVIL ACTIONS FOR FALSE IMPRISONMENT 15.1 Pre-action discovery 15.2 Limitation 15.3 Foreign claimants 15.4 The pleadings Generally Damages 15.5 Summary judgment
12 Contents xvii Disclosure Public interest immunity Informers Settlements - statements in open court Want of prosecution and disobedience to court orders Mode of trial The importance of jury trials The making of the application for trial by jury Where a court need not order trial by jury Split trials Number of jurors Evidence The burden of proof Estoppel and the findings in a previous trial Police cautions The trial -judge and jury, their respective roles The summing up Costs Appeals Leave On fact On quantum 291 Chapter 16 THE CRIMINAL LAW Introduction The crime of false imprisonment Attempts PACE Sentencing 298 Chapter 17 HUMAN RIGHTS Introduction Article 5(1) Subparagraphs (a) to (f) - compatibility with domestic law Article 5(2) Article 5(3) Article 5(4) Article 5(5) The common law prior to October The common law from October The right to bring legal proceedings under the HRA
13 xviii False Imprisonment The Law Lords Bringing a claim under HRA Informers Public funding Damages 313 Chapter 18 CONCLUSION Powers of apprehension Imprisonment to enforce payment of debts The balance between authority and freedom 315 Appendix 1 ARRESTABLE OFFENCES 317 Offences involving damage to property 317 Offences of dishonesty 318 Drug offences (including alcohol-related offences) other than those involving motor vehicles 319 Homicide, offences involving a fatality (other than those arising out of road traffic accidents) and related offences 319 Offences involving insolvency and companies 320 Immigration offences 321 Offences involving motor vehicles 321 Sexual offences and offences against children and public decency 321 Treason and similar offences involving terrorism 322 Offences involving actual or threatened personal injury or firearms offences 323 Offences against public justice and corruption 326 Offences against public morality 326 Revenue offences 327 Appendix 2 CLAIM FORM 329 Index 331
Sergeants OSPRE Part 1 Statistics - Evidence
Sergeants OSPRE Part 1 Statistics - Evidence Topic 2009 2010 2011 2012 2013 Probability Rating 7 Question 6 Question 6 Question 5 Question 4 Question 5.6 Questions Grounds for Refusing Bail x2 Police Bail
More informationCriminal Justice Act 2003
Criminal Justice Act 2003 CHAPTER 44 CONTENTS PART 1 AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE ACT 1984 1 Extension of powers to stop and search 2 Warrants to enter and search 3 Arrestable offences 4
More informationInspectors OSPRE Part 1 Statistics - Crime
Inspectors OSPRE Part 1 Statistics - Crime Topic 2008 2009 2010 2011 2012 Probability Ratings 1 Question 5 Questions 4 Questions 3 Questions 3 Questions 3.2 Questions Child abduction Child Abduction x
More informationSubject Area Breakdown NPPF Step 2 Sergeants Examination Actus Reus (Criminal. Crime Criminal Damage Arson Contamination or Interference
Subject Area Breakdown NPPF Step 2 Sergeants Examination 2017 Book Subject Subset Child Protection Child Abduction Child Protection Child Cruelty Police Powers under the Child Protection Actus Reus (Criminal
More informationSubject Area Breakdown NPPF Step 2 Inspectors Examination Actus Reus (Criminal. Crime Crime Child Protection Child Abduction
Subject Area Breakdown NPPF Step 2 Inspectors Examination 2017 Book Subject Subset Principals and Accessories Causal Link or Chain of Causation Intervening Act Omissions Child Protection Child Abduction
More informationCHAPTER 368 THE EXTRADITION ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS
CHAPTER 368 THE EXTRADITION ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY PROVISIONS PART II THE SURRENDER OF FUGITIVE
More informationTable of Contents. Dedication... iii Preface... v Table of Cases... xv. A. General Principles... 1
Table of Contents Dedication... iii Preface... v Table of Cases... xv Chapter 1 Substantive Criminal Law A. General Principles... 1 1. Causation... 1 (a) Causation for Impaired Driving Causing Bodily Harm/Death...
More informationArmed Forces Bill (Volume I)
[AS AMENDED ON REPORT] The Bill is divided into two volumes. Volume I contains the Clauses. Volume II contains the Schedules to the Bill. CONTENTS FIRST GROUP OF PARTS DISCIPLINE PART 1 OFFENCES Assisting
More informationOffender Management Act 2007
Offender Management Act 2007 CHAPTER 21 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 7 50 Offender Management Act 2007 CHAPTER 21 CONTENTS
More informationAustralian Treaty Series 1976 No 10
1 of 8 7/29/2012 10:41 PM Australian Treaty Series [Index] [Global Search] [Database Search] [Notes] [Noteup] [Context] [No Context] [Help] Australian Treaty Series 1976 No 10 DEPARTMENT OF FOREIGN AFFAIRS
More informationA CASEBOOK ON SCOTTISH CRIMINAL LAW
A CASEBOOK ON SCOTTISH CRIMINAL LAW Fourth Edition Christopher H.W. Gane, LL.B., Professor of Scots Law, University of Aberdeen Charles N. Stoddart, LL.B., LL.M. (McGill), Ph.D., Formerly Sheriff of Lothian
More informationCriminal Law in Greece
Criminal Law in Greece by Ilias G. Anagnostopoulos and Konstantinos D. Magliveras 2000 Kluwer Law International The Hague London Boston Sakkoulas Athens The Authors 3 List of Abbreviations 17 General Introduction
More informationBlackstone s Police Manuals
Blackstone s Police Manuals Update January 2006 Serious Organised Crime and Police Act 2005 PACE Codes of Practice Fraser Sampson David Johnston & Glenn Hutton [Updated to reflect the Centrex OSPRE Part
More informationCRIMINAL LAW. Sweet &. Maxwell's Textbook Series. 4th edition
CRIMINAL LAW Sweet &. Maxwell's Textbook Series 4th edition Alan Reed, M.A., LL.M., Solicitor Professor of Criminal and Private International Law, University of Sunderland and Ben Fitzpatrick, B.A., P.G.C.L.T.H.E.
More informationCriminal Law. Text, Cases, and Materials. Janet Loveless. Third Edition UNIVERSITY PRESS
Criminal Law Text, Cases, and Materials Third Edition Janet Loveless UNIVERSITY PRESS Contents Guide to using the book Guide to the Online Resource Centre this edition Preface Acknowledgements Table cases
More informationState Qualifying Exam Preparation Guide
State Qualifying Exam Preparation Guide (CJ) Exams developed in partnership with Cengage Learning. Book Information Criminal Law and Procedure Author: Daniel E. Hall ISBN-13: 9781285448817 7th Edition
More informationDomestic Violence, Crime and Victims Bill [HL]
[AS AMENDED IN STANDING COMMITTEE E] CONTENTS PART 1 DOMESTIC VIOLENCE ETC Amendments to Part 4 of the Family Law Act 1996 1 Breach of non-molestation order to be a criminal offence 2 Additional considerations
More informationARMED FORCES (OFFENCES AND JURISDICTION) (JERSEY) LAW 2017
Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017 Arrangement ARMED FORCES (OFFENCES AND JURISDICTION) (JERSEY) LAW 2017 Arrangement Article PART 1 3 INTERPRETATION 3 1 Interpretation... 3 PART
More informationPOLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS
POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS Commencement This Code applies to any arrest made by a police officer after midnight on
More informationSubject Area Breakdown NPPF Step 2 Inspectors Examination 2018
Subject Area Breakdown NPPF Step 2 Inspectors Examination 2018 Book Subject Subset Crime Actus Reus (Criminal Causal Link or Chain of Causation Conduct) Crime Actus Reus (Criminal Intervening Act Conduct)
More informationIMMIGRATION AND ASYLUM ACT 1999 (JERSEY) ORDER 2003
IMMIGRATION AND ASYLUM ACT 1999 (JERSEY) ORDER 2003 JERSEY REVISED EDITION OF THE LAWS 21.770 APPENDIX Jersey Order in Council 23/2003 Order 2003 3 Immigration and Asylum Act 1999 (Jersey) IMMIGRATION
More informationFACTSHEET: MAPPING CRIME CLASSIFICATIONS
FACTSHEET: MAPPING CRIME CLASSIFICATIONS This factsheet is designed to help you understand how the different crime classifications (categories of offences) used by the different sources of recorded crime
More informationCounter-Terrorism Bill
EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, will be published separately as HL Bill 6 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Lord West of Spithead has made the following
More informationNew Zealand International Extradition Treaty with the United States
New Zealand International Extradition Treaty with the United States January 12, 1970, Date-Signed December 8, 1970, Date-In-Force STATUS: Treaty signed at Washington on January 12, 1970. Ratification advised
More informationTREATY ON EXTRADITION BETWEEN THE UNITED STATES OF AMERICA AND AUSTRALIA
BILATERAL EXTRADITION TREATIES AUSTRALIA Extradition TIAS 8234 27 U.S.T. 957; 1974 U.S.T. LEXIS 130 May 14, 1974, Date-Signed May 8, 1976, Date-In-Force STATUS: [*1] Treaty signed at Washington May 14,
More informationLaw of the United States
Law of the United States An Overview by Peter Hay L. Q. C. Lamar Professor of Law Emory University, Atlanta Universitatsprofessor (ret.), Dresden Third Edition C.H.BECK Bruylant, Brussels 2010 Preface
More informationANTI-TERRORISM AND CRIME ACT 2003 Chapter 6
Copyright Treasury of the Isle of Man Crown Copyright reserved See introductory page for restrictions on copying and reproduction ANTI-TERRORISM AND CRIME ACT 2003 Chapter 6 Arrangement of sections PART
More informationPolicing and Crime Bill
Policing and Crime Bill AMENDMENTS TO BE MOVED IN COMMITTEE OF THE WHOLE HOUSE [Supplementary to the Marshalled List] Page 88, line 45, at end insert Clause 67 BARONESS WILLIAMS OF TRAFFORD ( ) Where an
More informationNEVADA COUNTY SHERIFF S OFFICE
NEVADA COUNTY SHERIFF S OFFICE GENERAL ORDER 69 Effective Date 01/01/2018 SUBJECT PURPOSE POLICY COOPERATION WITH IMMIGRATION AUTHORITIES AND U VISA The purpose of this order is to provide employees with
More informationIRISH CRIME CLASSIFICATION SYSTEM (ICCS)
IRISH CRIME CLASSIFICATION SYSTEM (ICCS) Version 2.0 05/01/2017 01 Homicide Offences 011 Murder/Manslaughter/Infanticide 0111 Murder 0112 Manslaughter 0113 Infanticide 012 Dangerous Driving Leading to
More informationOffences specified in Schedule 15 to the Criminal Justice Act 2003
Offences specified in Schedule 15 to the Criminal Justice Act 2003 Part 1 Specified Violent Offences 1 Manslaughter. 2 Kidnapping. 3 False imprisonment. 4 An offence under section 4 of the Offences against
More informationCENTRAL LAW PUBLICATIONS. LAW PUBLISHERS & BOOK SELLERS 107, DARBflANGA COLONY, ALLAHABAD (INDIA)
[ACT NO. XLV OF I860] (As amended by Information Technology Act, 2000) By R.N. SAXENAMAUB Formerly Lecturer, C.M.P. Degree College, Allahabad Author of: "A Text Book on Code of Criminal Procedure.' Revised
More informationSEVEN BEDFORD ROW BARRISTERS CHAMBERS
SEVEN BEDFORD ROW BARRISTERS CHAMBERS Hugo Daniel Lodge Year of call: 1998 A fearless advocate in the highest courts. Overview Mr Lodge is currently on secondment to the Financial Conduct Authority. Areas
More informationThe learner can: 1.1 Explain the requirements of a lawful arrest.
Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal
More informationCriminal Law (High Risk Offenders) Act 2015
Version: 9. 7. 2015 Act uncommenced South Australia Criminal Law (High Risk Offenders) Act 2015 An Act to provide for the making of extended supervision orders and continuing detention orders in relation
More informationThe learner can: 1.1 Explain the requirements of a lawful arrest.
Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal
More informationDETENTION PERIODS. This document is provided as general guidelines only.
DETENTION PERIODS This document is provided as general guidelines only. The document includes a summary of the following: Powers Periods excluded in calculating the detention period Powers of arrest Powers
More informationARMED FORCES BILL EXPLANATORY NOTES
ARMED FORCES BILL EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Armed Forces Bill as brought from the House of Commons on 16th June 2011. They have been prepared by the Ministry
More information518 Defending suspects at police stations / appendix 1
518 Defending suspects at police stations / appendix 1 POLICE AND CRIMINAL EVIDENCE ACT 1984 PART I: POWERS TO STOP AND SEARCH 1 Power of constable to stop and search persons, vehicles etc (1) A constable
More informationThe Sources of and Limits on Criminal Law 1
CONTENTS Preface xiii Acknowledgments About the Author xv xvii I. CHAPTER 1 The Sources of and Limits on Criminal Law 1 A. Introduction 1 1. The Purpose of Criminal Law 1 a) Morality and Blame 2 b) The
More informationindependent and effective investigations and reviews PIRC/00444/17 October 2018 Report of a Complaint Handling Review in relation to Police Scotland
independent and effective investigations and reviews PIRC/00444/17 October 2018 Report of a Complaint Handling Review in relation to Police Scotland What we do We obtain all the material information from
More informationA GUIDE TO CIVIL ACTIONS AGAINST THE POLICE
A GUIDE TO CIVIL ACTIONS AGAINST THE POLICE A GUIDE TO CIVIL ACTIONS AGAINST THE POLICE THE AIM OF THIS BOOKLET IS TO PROVIDE SOME ASSISTANCE IN THE FIELD OF CIVIL ACTIONS AGAINST THE POLICE CONTENTS 02
More informationBORDERS, CITIZENSHIP AND IMMIGRATION BILL [HL] EXPLANATORY NOTES
BORDERS, CITIZENSHIP AND IMMIGRATION BILL [HL] EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Borders, Citizenship and Immigration Bill [HL] as introduced in the House of Lords
More informationPROJET DE LOI ENTITLED. The Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 ARRANGEMENT OF SECTIONS PART I INTRODUCTORY
PROJET DE LOI ENTITLED The Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 1. Terrorism: interpretation. 2. Repeal of 1990 Law. 3. Proscription. 4. Membership. 5. Support. 6. Uniform. 7. Terrorist
More informationCriminal Justice & Garda Powers
Criminal Justice & Garda Powers 2ND EDITION SHEEHAN & PARTNERS CRIMINAL DEFENCE SOLICITORS NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING
More informationHong Kong, China-Singapore Extradition Treaty
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationCONTENTS CHAPTER I INTRODUCTION 1-15 CHAPTER II HUMAN RIGHTS AND CRIMINAL JUSTICE: A HISTORICAL PERSPECTIVE
CONTENTS Page Nos. Certificate i Acknowledgements ii-iii List of Abbreviations iv-vi List of Cases vii-xiii CHAPTER I INTRODUCTION 1-15 2. Importance of the Study 3. Objectives and Scope of the Study 4.
More informationStatistics & Research
NORTHERN IRELAND OFFICE Research & Statistical Bulletin 4/2003 SEPTEMBER 2003 Statistics & Research NORTHERN IRELAND STATISTICS ON THE OPERATION OF THE TERRORISM ACT 2000: ANNUAL STATISTICS Summary During
More informationContents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2
Contents Table of Cases ix Table of Statutes xiii Acknowledgements xv Introduction xvi How to Use This Book xvi How to Get the Most from This Course 2 Researching Legal Concepts 2 Making Notes 2 Studying
More informationX. COOK ISLANDS CRIMES (INTERNATIONALLY PROTECTED PERSONS AND HOSTAGES) ACT 1982, NO. 6
X. COOK ISLANDS 21 1. CRIMES (INTERNATIONALLY PROTECTED PERSONS AND HOSTAGES) ACT 1982, NO. 6 An act of Parliament of the Cook Islands to give effect to the Convention on the Prevention and Punishment
More informationCRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA
CRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA ROUND HALL THOMSON REUTERS TABLE OF CONTENTS Foreword Preface Table of Cases Table of vii ix xix xxxi CHAPTER 1 GENERAL PRINCIPLES 1 Defining the Criminal Law 1 Background
More informationNorthern Ireland Statistics on the Operation of the Terrorism Act 2000: Annual Statistics 2003
Statistics and Research Branch Northern Ireland Statistics on the Operation of the Terrorism Act 2000: Annual Statistics Research and Statistical Bulletin 3/2004 D Lyness and M Carmichael TERRORISM ACT
More informationholder of a probationary driving licence is convicted under this
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted. (4) A person convicted under this section shall be disqualified
More informationAGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA FOR THE SURRENDER OF FUGITIVE OFFENDERS
AGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA FOR THE SURRENDER OF FUGITIVE OFFENDERS The Government of Hong Kong, having been duly authorised to conclude
More informationChapter 6 Rail/Channel Tunnel 6.1 Channel Tunnel Security The Channel Tunnel (Security) Order 1994 (SI 1994/570) lays down regulations to protect the Channel Tunnel system, Channel Tunnel trains, and the
More informationJustice (Northern Ireland) Act 2004
Justice (Northern Ireland) Act 2004 CHAPTER 4 CONTENTS The judiciary 1 Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission 2 Membership of the Commission 3 Duty of Commission
More informationTREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA FOR THE EXTRADITION OF FUGITIVES
TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA FOR THE EXTRADITION OF FUGITIVES TABLE OF CONTENTS ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE
More informationXLIII. UNITED KINGDOM 95
Actions envisaged in parts 1 and 2 of the article, if they entailed the death of one or more persons or caused grievous bodily injury, are punishable by imprisonment for a term of five to fifteen years,
More informationExtradition (United States of America) Regulations
Extradition (United States of America) Regulations Statutory Rules 1988 No. 298 as amended made under the Extradition Act 1988 This compilation was prepared on 22 November 2000 taking into account amendments
More informationChapter 340. Bail Act Certified on: / /20.
Chapter 340. Bail Act 1977. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Chapter 340. Bail Act 1977. ARRANGEMENT OF SECTIONS. PART I PRELIMINARY. 1. Interpretation. bail bail authority
More informationDEPLOYMENT AND ALLOCATION IN CRIMINAL CASES IN CLASS 1, 2 and 3 GUIDANCE FOR ALL RESIDENT JUDGES
DEPLOYMENT AND ALLOCATION IN CRIMINAL CASES IN CLASS 1, 2 and 3 GUIDANCE FOR ALL RESIDENT JUDGES General Responsibilities 1. The Presiding Judges are responsible for the overall deployment of the judiciary
More informationThe learner can: 1.1 Explain the requirements of a lawful arrest.
Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal
More informationEvidence Act Police and Criminal CHAPTER 60 ARRANGEMENT OF SECTIONS
Police and Criminal Evidence Act 1984 CHAPTER 60 ARRANGEMENT OF SECTIONS PART I POWERS TO STOP AND SEARCH Section 1. Power of constable to stop and search persons, vehicles etc. 2. Provisions relating
More informationNumber 1 of 2004 IMMIGRATION ACT 2004 REVISED. Updated to 31 January 2018
Number 1 of 2004 IMMIGRATION ACT 2004 REVISED Updated to 31 January 2018 This Revised Act is an administrative consolidation of the. It is prepared by the Law Reform Commission in accordance with its function
More informationHow to use this book Acknowledgements
How to use this book Acknowledgements xi xiii CHAPTER 1 Skills for Legal Studies 1 Language skills 2 1. Planning to write, and writing 2 Writing paragraphs (for explanations or summaries), and extended
More informationNumber 27 of 2010 CRIMINAL PROCEDURE ACT 2010 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General. PART 2 Impact of Crime on Victim
Click here for Explanatory Memorandum Section Number 27 of 2010 CRIMINAL PROCEDURE ACT 2010 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General 1. Short title and commencement. 2. Interpretation. 3.
More informationTHE RIGHTS OF PEOPLE WHO HAVE BEEN ARRESTED
THE RIGHTS OF PEOPLE WHO HAVE BEEN ARRESTED A REVIEW OF THE LAW IN NORTHERN IRELAND November 2004 ISBN 1 903681 50 2 Copyright Northern Ireland Human Rights Commission Temple Court, 39 North Street Belfast
More informationConsolidated text PROJET DE LOI ENTITLED. The Criminal Justice (International Co-operation) (Bailiwick of Guernsey) Law, 2001 * [CONSOLIDATED TEXT]
PROJET DE LOI ENTITLED The Criminal Justice (International Co-operation) (Bailiwick of Guernsey) Law, 2001 * [CONSOLIDATED TEXT] NOTE This consolidated version of the enactment incorporates all amendments
More informationIndex. All references are to page numbers. assault de minimis non curat lex defence, 32 police officer, on a, 7
Index All references are to page numbers. A Aboriginal sentencing principles Aboriginal women, 291 basic principles, 282 generally, 282 manslaughter, 291, 293 practical framework, 286 street gangs, 293
More informationMilitary Service Offences
Military Service Offences DRAFT 7.11.12 1. INTRODUCTION Purpose of Instruction 1.1 This section explains how criminality should be considered in applications for settlement or nationality from those seeking
More informationImmigration, Asylum and Nationality Bill
Immigration, Asylum and Nationality Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 13 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Mr Secretary
More informationHong Kong, China-Malaysia Extradition Treaty
The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of
More informationTHE IMMIGRATION ACT, 1972 TABLE OF CONTENTS PART I PRELIMINARY PART II
THE IMMIGRATION ACT, 1972 TABLE OF CONTENTS PART I PRELIMINARY Section Title 1. Short title and commencement. 2. Application. 3. Interpretation. 4. Immigration Officers. 5. Functions of Immigration Officers.
More informationContents PART 1: CRIMINAL LIABILITY. Table of Statutes. Table of Secondary Legislation. Table of Cases
Contents Table of Statutes Table of Secondary Legislation Table of Cases PART 1: CRIMINAL LIABILITY Chapter 1: Fundamental Principles of Criminal Liability 1: Actus Reus 1.1 Introduction 1.2 Conduct as
More informationEXTRADITION TREATY WITH THE REPUBLIC OF COLOMBIA MESSAGE FROM THE PRESIDENT OF THE UNITED STATES
BILATERAL EXTRADITION TREATIES COLOMBIA EXTRADITION TREATY WITH THE REPUBLIC OF COLOMBIA TREATY DOC. No. 97-8 1979 U.S.T. LEXIS 199 September 14, 1979, Date-Signed MESSAGE FROM THE PRESIDENT OF THE UNITED
More informationPolicy 5.11 ARREST PROCEDURES
Cobb County Police Department Policy 5.11 ARREST PROCEDURES Effective Date: November 1, 2017 Issued By: Chief M.J. Register Rescinds: Policy 5.11 (February 1, 2015) Page 1 of 9 The words he, his, him,
More informationVisiting Forces Act SHORT TITLE INTERPRETATION
Visiting Forces Act ( R.S., 1985, c. V-2 ) Disclaimer: These documents are not the official versions (more). Act current to December 10th, 2006 Attention: See coming into force provision and notes, where
More informationPolicing and Crime Bill
EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 134 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS The Home Secretary, Theresa May, has made the
More informationWHAT DO I DO IF I AM ARRESTED?
WHAT DO I DO IF I AM ARRESTED? An information leaflet by Centre for Justice Talking to the Police A police officer may speak with any member of the public at any time and is entitled to ask questions
More informationCHAPTER 2.10 EXTRADITION ACT
SAINT LUCIA CHAPTER 2.10 EXTRADITION ACT Revised Edition Showing the law as at 31 December 2008 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the
More informationLOS ANGELES COUNTY SHERIFF S DEPARTMENT
LOS ANGELES COUNTY SHERIFF S DEPARTMENT PATROL OPERATIONS UNIFORM CRIME REPORTING AUDIT NO. 2016-12-A JIM McDONNELL SHERIFF October 24, 2016 PURPOSE LOS ANGELES COUNTY SHERIFF S DEPARTMENT Audit and Accountability
More informationImmigration Violations
Policy 428 428.1 PURPOSE AND SCOPE - CONFORMANCE TO SB54 AND RELATED LAWS The purpose of this policy is to establish guidelines with the California Values Act, and related statutes, concerning responsibilities
More information4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?
1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, 14 2. What is the purpose of Law? Laws reflect the values and beliefs of a society. A rule enforced by government 3. What are laws? 1)Set
More informationCommercial Agents and Private Inquiry Agents Act 2004 No 70
New South Wales Commercial Agents and Private Inquiry Agents Act 2004 No 70 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects 2 4 Definitions 2 Licensing of persons for
More informationImmigration Act 2014
REPUBLIC OF NAURU Immigration Act 2014 Act No 1 of 2014 Table of Provisions PART 1 PRELIMINARY... 1 1 Short title... 1 2 Commencement...1 3 Interpretation... 1 3A Act binds Republic... 2 3B Repeal...2
More informationEnglish Legal System in Context
English Legal System in Context Third edition Fiona Cownie Barrister of Lincoln's Inn H K Bevan Professor of Law, University of Hull Anthony Bradney Professor of Law, University of Leicester Mandy Burton
More informationTERRORISM (JERSEY) LAW 2002
TERRORISM (JERSEY) LAW 2002 Revised Edition Showing the law as at 1 January 2012 This is a revised edition of the law Terrorism (Jersey) Law 2002 Arrangement TERRORISM (JERSEY) LAW 2002 Arrangement Article
More informationBowie State University Police Department General Order
Bowie State University Police Department General Order Subject: Laws and Rules of Arrest Number: 2 Effective Date: July 2003 Rescinds: N/A Approved: Acting Director Roderick C. Pullen This article contains
More informationCHAPTER House Bill No. 4059
CHAPTER 98-274 House Bill No. 4059 An act relating to violations of traffic law; amending s. 316.1935, F.S.; providing that it is a third-degree felony for a person to willfully flee or attempt to elude
More informationAnti-social Behaviour, Crime and Policing Bill
EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as HL Bill 2 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Lord Taylor of Holbeach has made the following
More informationAsylum and Immigration (Treatment of Claimants, etc.) Act 2004
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 CHAPTER 19 CONTENTS Offences 1 Assisting unlawful immigration 2 Entering United Kingdom without passport, &c. 3 Immigration documents: forgery
More informationAsylum and Immigration (Treatment of Claimants, etc.) Bill
Asylum and Immigration (Treatment of Claimants, etc.) Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill EN. EUROPEAN CONVENTION ON HUMAN
More informationHUMBERSIDE POLICE Protecting Communities, Targeting Criminals, Making a Difference
HUMBERSIDE POLICE Protecting Communities, Targeting Criminals, Making a Difference PCSO DESIGNATED POWERS I, Justine Curran, being the Chief Constable of Humberside Police, and being satisfied that (..)
More informationSubject OFFENSE CLEARANCE PROCEDURE. 21 September By Order of the Police Commissioner
Policy 107 Subject OFFENSE CLEARANCE PROCEDURE Date Published Page 21 September 2016 1 of 8 By Order of the Police Commissioner POLICY It is the policy of the Baltimore Police Department (BPD) to classify
More informationCONTENTS VOLUME 1. PRINCIPLES OF SENTENCING by R. Paul Nadin-Davis PROLEGOMENON TO THE PRINCIPLES OF SENTENCING
VOLUME 1 Preface... iii User s Guide... UG-1 Full Judgment and Photocopy Service Order Form... unnumbered Comparative Classification Table [Volumes 1980 to 1993]... CC-1 Comparative Classification Table
More informationModern Slavery Bill EXPLANATORY NOTES. Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 8-EN.
EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 8-EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Theresa May has made the following statement
More informationFIJI ISLANDS IMMIGRATION ACT 2003 ARRANGEMENT OF SECTIONS. Part 1 - PRELIMINARY. Part 2 - DESIGNATION, APPOINTMENTS AND POWERS OF IMMIGRATION OFFICERS
1. Short title and commencement 2. Interpretation 3. Extension of application of this Act FIJI ISLANDS IMMIGRATION ACT 2003 ARRANGEMENT OF SECTIONS Part 1 - PRELIMINARY Part 2 - DESIGNATION, APPOINTMENTS
More informationTABLE OF CONTENTS. Preface... Major Works Referred to... INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1
Preface... Major Works Referred to... v ix Chapter 1 INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1 A. Canada s Criminal Code... 2 B. Rocky Road to General Part... 4 C. Sources of Criminal Law...
More informationMARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER. DATE Chapter 5- Operations GO /11/2014 PAGE 1 of 6. Immigration Status (Trust Act implementation)
MARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER DATE Chapter 5- Operations GO 05-24 6/11/2014 PAGE 1 of 6 Immigration Status (Trust Act implementation) POLICY No person shall be contacted, detained, or arrested
More informationTREATY BETWEEN THE UNITED KINGDOM AND CHILE FOR THE MUTUAL SURRENDER OF FUGITIVE CRIMINALS
TREATY BETWEEN THE UNITED KINGDOM AND CHILE FOR THE MUTUAL SURRENDER OF FUGITIVE CRIMINALS Her Majesty the Queen of the United Kingdom and Great Britain and Ireland, and his Excellency the President of
More information