Array ( [0] => ..... crime abroad (section 1a of the criminal law act 1977, inserted by section 5(1) of the criminal justice (terrorism and conspiracy) act 1998). where the prosecutor has evidence implicating the defendant in the ..... nominees or in any other way (section 18(1)). further offences relating to terrorism are enacted by sections 39(2), 54(1), (2) and (3), 56(1), 57(1), 58(1) and 59. these offences supplement existing criminal offences such as causing an explosion (section 2 of the explosive substances act 1883) or conspiracy to cause an explosion (section 3 of the 1883 act) or conspiracy to commit a ..... [1] => ..... to disrupt an electronic system. (3) the use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied. (4) in this section - (a) 'action' includes action outside the united kingdom, (b) a reference to any person or to property is a reference to ..... of the appellants is unlawful under domestic law. the echr is not part of domestic law except to the extent that it has become so under the 1998 act. the 1998 act did not entrench the articles of the echr so as to bar parliament from subsequently enacting legislation inconsistent with those articles. parliament can, if it wishes to ..... this is not a function that the courts have sought for themselves. it is a function that has been thrust on the courts by the 1998 act. the 1998 act 146. section 1 of the 1998 act defined as "the convention rights" a number of specified articles of the echr and enacted that - "those articles are to have effect for the ..... [2] => ..... the rules of the court of session within which a reclaiming motion may be marked to bring that interlocutor under review in the inner house: see court of session act 1988, section 28. when an interlocutor is reclaimed against, the effect from the time the reclaiming motion is marked is to sist, or stay, all execution on the decree ..... first defendant, a coal company, and held the second defendant, a gas company, wholly to blame for the loss incurred by the plaintiff as the result of an explosion caused by a leakage of gas. the second defendant appealed, but the court of appeal upheld the judge's decision that the first defendant was wholly to blame. goddard ..... that the money will be recoverable if the appeal is allowed. this does not, however, undermine the conclusion reached by lord carswell on the interpretation of section 1(5) of the 1978 act. indeed, it strengthens it, in that the position cannot be different depending upon whether this would or would not be an appropriate case in which to ..... [3] => ..... held on f and g wings of hmp frankland, a high security dispersal prison holding some 550 prisoners. the previous friday, two dogs trained in arms and explosives detection had given positive indications within one of the prison's classrooms, a classroom used only by prisoners from those two wings. a search of the classroom ..... the court, lord hardie. what essentially had happened was that the extra division had been called upon to decide as a question of law whether section 21 of the crown proceedings act 1947 prevented the scottish courts from ordering specific performance against the scottish ministers as part of the crown. some three years earlier lord hardie as ..... supported. 7. in davidson v scottish ministers 2004 slt 895 an extra division of the court of session had to decide whether, having regard to section 21 of the crown proceedings act 1947, it could grant an order for specific performance against the scottish ministers. one of the judges in the extra division had been lord advocate ..... [4] => ..... clear and simple. he submitted, correctly, that the offences charged against the appellant appear in the european framework list (and in schedule 2 to the 2003 act), and that section 65(2) is specifically directed to framework list offences. but some of the conduct alleged against the appellant is said in the warrant to have taken place ..... in the high court of justiciary at a special hearing convened at kamp van zeist in the netherlands were charged, among other things, with conspiracy to cause the explosion. the charge alleged that they did or caused to be done various things in pursuance of the conspiracy in countries outside the united kingdom which culminated in the ..... placing of an explosive device on an aircraft in malta from where the device was transported to frankfurt and thereafter to london where it was loaded onto an aircraft on panam ..... [5] => ..... is important to have in mind how they come to arise at all. they arise from the explosive effect of community law on a prime feature of the legislation regarding groups of companies. on its face section 247 precluded non-resident parent companies from making a group income election. the netherlands convention was drafted ..... and the uk and italy did. the agreements themselves did not ipso facto become enforceable in our domestic law but section 788 of the 1988 act gave them that enforceability. sub-section (1) of section 788 declared that "if her majesty by order in council declares that arrangements specified in the order have been made ..... tax. what was unlawful was interfering with the pirelli parent companies' article 52 freedom of establishment by denying their subsidiaries a facility (the ability to avoid act by making a group income election) available to uk-resident parent companies' subsidiaries. the charge which was found proved was discrimination against other member state parent ..... [6] => ..... supplemented existing criminal law statutes such as the explosive substances act 1883 and the aviation and maritime security act 1990. it replaced some earlier statutes such as the prevention of terrorism (temporary provisions) act 1989 as amended. it contained, in section 1, a far-reaching definition of terrorism: "(1) in this act 'terrorism' means the use or threat of ..... system. (3) the use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied. (4) in this section €” (a) 'action' includes action outside the united kingdom, (b) a reference to any person or to property ..... ac 115, 130, 131. reliance was also placed on home office circular 038/2004 (july 2004), authorisations of stop and search powers under section 44 of the terrorism act, addressed to chief officers of police, which emphasised that "powers should only be authorised where they are absolutely necessary to support a force's ..... [7] => ..... must order the person's discharge (in relation to that offence) (subsection (3)). 63. the expression "an extradition offence" is defined in and limited by section 64 of the act. the section applies "in relation to conduct of a person if - (a) he is accused in a category 1 territory of the commission of an offence constituted by ..... galvez that the appellant should be subject to unconditional temporary imprisonment to await his trial for the offence of collaboration with an islamist terrorist organisation in connection with explosions that took place in four trains in madrid, with much loss of life, on 11 march 2004. 11. the validity of the warrant falls to be ..... has been certified by the national criminal intelligence service, then the authority designated by the secretary of state for purposes of part 1 of the 2003 act under section 2(9) of the act, to be a judicial authority which has the function of issuing arrest warrants in spain. 8. the short question is whether this arrest warrant, ..... [8] => ..... which the events constituting the tort or delict occurred. that country in this case is iraq, and therefore iraqi law would ordinarily apply. 42. section 12 of the 1995 act provides that the general rule may be displaced if, on comparison of the factors connecting a tort or delict with the country where it occurred with ..... civil presence as unmik. 19. the applicants’ claims in strasbourg were not the same. the behramis complained of death and injury caused to two children by the explosion of an undetonated cluster bomb unit, previously dropped by nato. they blamed kfor for failing to clear these dangerous mines. mr saramati complained of his extra-judicial ..... his internment is necessary for imperative reasons of security in iraq. he was suspected of being a member of a terrorist group involved in weapons smuggling and explosive attacks in iraq. he was believed by the british authorities to have been personally responsible for recruiting terrorists outside iraq with a view to the commission of ..... [9] => ..... no doubt the type of incident which occurred and the intensity of the abuse varied from day to day. the list reads as follows: “(i) the throwing of an explosive device on ardoyne road on the 5th september 2001 as children were being taken to the school. (ii) the throwing of other missiles at those making the journey to and ..... would have been any better. indeed, it could have been a great deal worse. they were in very real physical danger at the beginning. on 5 september an explosive device was thrown into the road where they were walking but thankfully injured no-one. the difficulties and dangers to them in doing what it is now suggested should have ..... rights or those of her child under that article. 63. another argument addressed to the house concerned the observance by the police of their duty under section 32 of the police (northern ireland) act 2000. this issue is in the strict sense ancillary to the article issue, for the argument depends on the contention that the police failed to give ..... [10] => ..... a trustee or agent for others and he is taxed on behalf of and as representing his beneficiaries or principals. this is made clear by the language of many sections of the act of 1842. for instance, s. 41 provides that a person not resident in great britain shall be chargeable "in the name of" his trustee or agent. sect. 44 refers ..... not propose to express an opinion whether either, or which if either, of these two extreme views is right. the charge is laid upon the taxpayer by the first section of each taxing act: "for and in respect of the annual profits or gains arising from or accruing to any person or persons whatever, resident in the united kingdom, from any kind ..... not otherwise be so liable." in the court of appeal, the master of the rolls expressed himself as follows(1): "it was argued for the crown that this section (s. 41 of the act of 1842) did not extend to a case in which a trustee was legal owner, and was merely inserted in the statute to include cases where a trustee ..... [11] => ..... , seized his property, it was apparently considered by sir john romilly m.r., in ex-rajah of coorg v. east india company(2), that the company, notwithstanding that this act was an act of state, (1) [1892] a. c. 491. (2) (1860) 29 beav. 300. could have been sued in respect of any property seized by them which belonged ..... in some constitutional struggle, quite unrecorded, by which aliens wrung these conditional rights from a reluctant sovereign, but failed to obtain all that subjects had previously obtained. in 1844 an act (7 and 8 vict. c. 66, s. 4) was passed, which enacted that an alien amy "shall and may take and hold, by purchase, gift, bequest, representation, ..... he were a natural-born subject of the united kingdom." by the next section capacity was given to hold lands for twenty-one years. it is plain on the language of this act (and the history of the legislation fully confirms it) that it was an amending act, dealing with the two respects in which for private purposes the position of ..... [12] => ..... municipality or owner, special considerations arise. in the case of objects, whether artificial, and so to speak, dangerous in themselves, such as loaded guns or explosives, or natural objects, such as trees bearing poisonous fruits which are attractive in appearance, it cannot be considered a reasonably safe procedure for a municipality or owner ..... and persons frequenting the same, and of the superintendents, curators, rangers, parkkeepers and other officers or servants appointed and employed by them. ...." the forty-first section of this statute provides for the publication and posting in the park of these byelaws when made. it was admitted, however, that no byelaws of the kind mentioned ..... nurdin (1 q. b. 29). how the right arose was not explained. under their act the defenders could have, but had not, made byelaws for the regulation of the park, so as to affect this case. perhaps the section would not justify under the name of regulation total prohibition of the entrance of infants, even ..... [13] => ..... which was to spring into being never existed, and it was that thing in respect of which alone the part payment of the price was made. the language of section 9 of the contract is perfectly general: “in consideration of the said contractors supplying the engines and their appurtenances entirely in accordance with the terms of this agreement, the ..... compagnie napolitaine, andc. this statement forms no part of the judgment of the house of lords in that case, but there is no doubt that the principle has been repeatedly acted on in the court of appeal. the question, however, in the present case is as to the law, not of england, but of scotland. the appellants contend that the ..... recipient's part, and he had not been enriched thereby. if the recipient had been enriched, then he would, if the purpose failed and he retained the property, be acting unjustly, and, consequently, he was under an obligation to return it. it was open to him to show, not merely that he had not been enriched at all, but ..... [14] => ..... claiming to be entitled as one of the children of the marriage was born during the coverture but alleged his illegitimacy on the ground of non-access. the third section of the act was referred to. james, v.c., said he did not like to say that the effect of the statute was to supersede the old rule and required other ..... is replied in the first place that the rule only applied to legitimacy proceedings properly so called. and it is replied in the second place that the act of 32 and 33 vict., cap. 68, sec. 3, has rendered evidence of non-access admissible in such cases. in my opinion both these contentions fail. i find nowhere in any of the ..... so proved the practice of the divorce court must accommodate itself to the authority of the rule. i have only now to consider whether section 3 of the act of 1869 has affected the validity of the doctrine. the section runs as follows :— " the parties to any proceeding instituted in consequence of adultery, and the husbands and wives of such " parties, ..... [15] => ..... public, may yet fall within their powers, and in such cases public policy does not forbid their performance. i do not understand the reference in the above passage to section 10 of the act of 1839. the above view of the law is in accordance with certain passages in the judgments of phillimore and pickford, l.jj., in the previous glamorganshire case ..... were at the request of an individual doing something which it was not their duty to do, in which case it seems to me both public policy and section 10 of the act of 1839 make the contract illegal and void." with great respect to the learned lord justice i am disposed to think that this reasoning rests on an ambiguous use ..... "were at the request of an individual doing something 'which it was not their duty to do, in which case it seems to me both public policy and section 10 of the act of 1839 make the contract illegal and void. i think that this argument, like most arguments put in the form of a dilemma, fails to cover the whole ground ..... [16] => ..... think it necessary, having regard to the full discussion which has taken place in the speeches which have been already made, to discuss the sections of the income tax act or the schedules which have been already referred to. the question which emerges from these is whether the moneys paid by the trustees of ..... ... profits or gains ... of " or belonging to any other person, who is chargeable in respect "thereof." section 54 (4), and schedule c, general rule no. 2 (d) proviso, make express special provisions for substituting the acts of beneficiaries for the action of trustees, which would in general be alone material, and, in one single case, ..... and trust fund are not. on suitable occasions the act deals expressly with the respective positions of trustee and beneficiary and distinguishes between legal and equitable ownership, e.g., section 37 (i) (a) "hereditaments " belonging to any hospital ... or vested in trustees for "charitable purposes "; section 103 (1) and (3), in which the case ..... [17] => ..... the whole to 6 months in any year. "the questions for decision are whether he was entitled to exemption from income tax on war loan interest under section 46 of the income tax act, 1918, as a person not ordinarily resident in the united kingdom, and on interest on securities of british possessions under rule 2 (d) of the ..... in the united kingdom, the interest of securities issued with such a condition shall be exempt accordingly." 23. war loan stock was issued under the condition mentioned in the section. 24. in order therefore to support his claims it was incumbent on the appellant to prove that in the one case he was not resident, and that in ..... him. 9. it remains to be considered whether during the period in question the appellant "ordinarily resided" in the united kingdomfor the purposes of s. 46 of the act, and i think that there was material upon which the commissioners could answer this question in the affirmative. the suggestion that in order to determine whether a man ordinarily ..... [18] => ..... opinion generally has accepted these decisions as correct. in argument, however, counsel for the appellants treated it as almost self-evident that they conflicted with section 9 of the wills act, and counsel for the respondents, while making no admission, elected to rely mainly on the time that has passed and the probable volume of rights ..... statutory form. what then of the legislation? great authorities seem to have expressed an opinion, that this equitable principle, as a whole, conflicts with section 9 of the wills act. lord cairns in 1868 says that when a devisee seeks to apply what has been devised to him otherwise than in accordance with the testator's intentions ..... the mischiefs that might arise from admitting evidence in a case like the present. accordingly i think the conclusion is confirmed, which the frame of section 9 of the wills act seems to me to carry on its face, that the legislation did not purport to interfere with the exercise of a general equitable jurisdiction, even ..... [19] => ..... but had they any option in the matter in my opinion they had none and the assessments made under schedule a were not only proper but obligatory. section 1 of the act of 1918 enacts that income tax is to be charged in respect of all property, profits or gains respectively described or comprised in the schedules marked a ..... administrative county of london as for lands within that county rent or rental value is the measure of annual value (see schedule a, no. 1, and cf., section 45 of the metropolis (valuation) act 1869). now income tax is one tax. there is not a separate tax under each schedule (see london county council v. attorney-general, 1901, a.c ..... in the premises, ought to have been deducted. to resume the general argument in favour of the distinction between the schedules there is the phraseology of section 208 the provisions in this act contained which are applied to the tax under any particular schedule shall it also applicable to the tax under any other schedule and not repugnant to ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court House of Lords - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: house of lords Page 2 of about 306 results (0.459 seconds)

Oct 14 2004 (FN)

Attorney General's Reference No 4 of 2002 (On Appeal from the Court of ...

Court : House of Lords

..... crime abroad (section 1a of the criminal law act 1977, inserted by section 5(1) of the criminal justice (terrorism and conspiracy) act 1998). where the prosecutor has evidence implicating the defendant in the ..... nominees or in any other way (section 18(1)). further offences relating to terrorism are enacted by sections 39(2), 54(1), (2) and (3), 56(1), 57(1), 58(1) and 59. these offences supplement existing criminal offences such as causing an explosion (section 2 of the explosive substances act 1883) or conspiracy to cause an explosion (section 3 of the 1883 act) or conspiracy to commit a .....

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Dec 16 2004 (FN)

A (Fc) and Others (Fc) (Appellants) Vs. Secretary of State for the Hom ...

Court : House of Lords

..... to disrupt an electronic system. (3) the use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied. (4) in this section - (a) 'action' includes action outside the united kingdom, (b) a reference to any person or to property is a reference to ..... of the appellants is unlawful under domestic law. the echr is not part of domestic law except to the extent that it has become so under the 1998 act. the 1998 act did not entrench the articles of the echr so as to bar parliament from subsequently enacting legislation inconsistent with those articles. parliament can, if it wishes to ..... this is not a function that the courts have sought for themselves. it is a function that has been thrust on the courts by the 1998 act. the 1998 act 146. section 1 of the 1998 act defined as "the convention rights" a number of specified articles of the echr and enacted that - "those articles are to have effect for the .....

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Feb 03 2005 (FN)

Moy Vs. Pettmann Smith (a Firm) (Original Respondents and Cross-appell ...

Court : House of Lords

..... the rules of the court of session within which a reclaiming motion may be marked to bring that interlocutor under review in the inner house: see court of session act 1988, section 28. when an interlocutor is reclaimed against, the effect from the time the reclaiming motion is marked is to sist, or stay, all execution on the decree ..... first defendant, a coal company, and held the second defendant, a gas company, wholly to blame for the loss incurred by the plaintiff as the result of an explosion caused by a leakage of gas. the second defendant appealed, but the court of appeal upheld the judge's decision that the first defendant was wholly to blame. goddard ..... that the money will be recoverable if the appeal is allowed. this does not, however, undermine the conclusion reached by lord carswell on the interpretation of section 1(5) of the 1978 act. indeed, it strengthens it, in that the position cannot be different depending upon whether this would or would not be an appropriate case in which to .....

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Feb 16 2005 (FN)

Regina Vs. Secretary of State for the Home Department (Respondent) Ex ...

Court : House of Lords

..... held on f and g wings of hmp frankland, a high security dispersal prison holding some 550 prisoners. the previous friday, two dogs trained in arms and explosives detection had given positive indications within one of the prison's classrooms, a classroom used only by prisoners from those two wings. a search of the classroom ..... the court, lord hardie. what essentially had happened was that the extra division had been called upon to decide as a question of law whether section 21 of the crown proceedings act 1947 prevented the scottish courts from ordering specific performance against the scottish ministers as part of the crown. some three years earlier lord hardie as ..... supported. 7. in davidson v scottish ministers 2004 slt 895 an extra division of the court of session had to decide whether, having regard to section 21 of the crown proceedings act 1947, it could grant an order for specific performance against the scottish ministers. one of the judges in the extra division had been lord advocate .....

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Nov 17 2005 (FN)

Office of the King's Prosecutor, Brussels (Respondents) Vs. Armas (App ...

Court : House of Lords

..... clear and simple. he submitted, correctly, that the offences charged against the appellant appear in the european framework list (and in schedule 2 to the 2003 act), and that section 65(2) is specifically directed to framework list offences. but some of the conduct alleged against the appellant is said in the warrant to have taken place ..... in the high court of justiciary at a special hearing convened at kamp van zeist in the netherlands were charged, among other things, with conspiracy to cause the explosion. the charge alleged that they did or caused to be done various things in pursuance of the conspiracy in countries outside the united kingdom which culminated in the ..... placing of an explosive device on an aircraft in malta from where the device was transported to frankfurt and thereafter to london where it was loaded onto an aircraft on panam .....

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Feb 08 2006 (FN)

Pirelli Cable Holding NV and Others (Respondents) Vs. Her Majesty's Co ...

Court : House of Lords

..... is important to have in mind how they come to arise at all. they arise from the explosive effect of community law on a prime feature of the legislation regarding groups of companies. on its face section 247 precluded non-resident parent companies from making a group income election. the netherlands convention was drafted ..... and the uk and italy did. the agreements themselves did not ipso facto become enforceable in our domestic law but section 788 of the 1988 act gave them that enforceability. sub-section (1) of section 788 declared that "if her majesty by order in council declares that arrangements specified in the order have been made ..... tax. what was unlawful was interfering with the pirelli parent companies' article 52 freedom of establishment by denying their subsidiaries a facility (the ability to avoid act by making a group income election) available to uk-resident parent companies' subsidiaries. the charge which was found proved was discrimination against other member state parent .....

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Mar 08 2006 (FN)

R (on the Application of Gillan (Fc) and Another (Fc)) (Appellants) Vs ...

Court : House of Lords

..... supplemented existing criminal law statutes such as the explosive substances act 1883 and the aviation and maritime security act 1990. it replaced some earlier statutes such as the prevention of terrorism (temporary provisions) act 1989 as amended. it contained, in section 1, a far-reaching definition of terrorism: "(1) in this act 'terrorism' means the use or threat of ..... system. (3) the use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied. (4) in this section (a) 'action' includes action outside the united kingdom, (b) a reference to any person or to property ..... ac 115, 130, 131. reliance was also placed on home office circular 038/2004 (july 2004), authorisations of stop and search powers under section 44 of the terrorism act, addressed to chief officers of police, which emphasised that "powers should only be authorised where they are absolutely necessary to support a force's .....

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Feb 28 2007 (FN)

Dabas (Appellant) Vs. High Court of Justice, Madrid (Respondent) (Crim ...

Court : House of Lords

..... must order the person's discharge (in relation to that offence) (subsection (3)). 63. the expression "an extradition offence" is defined in and limited by section 64 of the act. the section applies "in relation to conduct of a person if - (a) he is accused in a category 1 territory of the commission of an offence constituted by ..... galvez that the appellant should be subject to unconditional temporary imprisonment to await his trial for the offence of collaboration with an islamist terrorist organisation in connection with explosions that took place in four trains in madrid, with much loss of life, on 11 march 2004. 11. the validity of the warrant falls to be ..... has been certified by the national criminal intelligence service, then the authority designated by the secretary of state for purposes of part 1 of the 2003 act under section 2(9) of the act, to be a judicial authority which has the function of issuing arrest warrants in spain. 8. the short question is whether this arrest warrant, .....

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Dec 12 2007 (FN)

R (on the Application of Al-jedda) (Fc) (Appellant) Vs. Secretary of S ...

Court : House of Lords

..... which the events constituting the tort or delict occurred. that country in this case is iraq, and therefore iraqi law would ordinarily apply. 42. section 12 of the 1995 act provides that the general rule may be displaced if, on comparison of the factors connecting a tort or delict with the country where it occurred with ..... civil presence as unmik. 19. the applicants claims in strasbourg were not the same. the behramis complained of death and injury caused to two children by the explosion of an undetonated cluster bomb unit, previously dropped by nato. they blamed kfor for failing to clear these dangerous mines. mr saramati complained of his extra-judicial ..... his internment is necessary for imperative reasons of security in iraq. he was suspected of being a member of a terrorist group involved in weapons smuggling and explosive attacks in iraq. he was believed by the british authorities to have been personally responsible for recruiting terrorists outside iraq with a view to the commission of .....

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Nov 12 2008 (FN)

In Re E (a Child) (Ap) (Appellant) (Northern Ireland)

Court : House of Lords

..... no doubt the type of incident which occurred and the intensity of the abuse varied from day to day. the list reads as follows: (i) the throwing of an explosive device on ardoyne road on the 5th september 2001 as children were being taken to the school. (ii) the throwing of other missiles at those making the journey to and ..... would have been any better. indeed, it could have been a great deal worse. they were in very real physical danger at the beginning. on 5 september an explosive device was thrown into the road where they were walking but thankfully injured no-one. the difficulties and dangers to them in doing what it is now suggested should have ..... rights or those of her child under that article. 63. another argument addressed to the house concerned the observance by the police of their duty under section 32 of the police (northern ireland) act 2000. this issue is in the strict sense ancillary to the article issue, for the argument depends on the contention that the police failed to give .....

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