Court : House of Lords
..... section 65(3)(c) of the extradition act 2003 require it to be shown that: (a) a final sentence of imprisonment of four months or greater was imposed in respect of each offence, taken on its own, that is referred to in the european arrest warrant, or is it sufficient to show that: (b) a sentence of four months or greater was imposed in respect of multiple offences, provided that such offences were the offences specified in the warrant and that the sentence arrived at by the court was an aggregated sentence reflecting the total criminality? 12. ..... the european framework list, the relevant subsection for the purposes of this case is subsection (3) which, as modified, provides: the conduct also constitutes extradition offences in relation to the category 1 territory if these conditions are satisfied - (a) the conduct occurs in the category 1 territory; (b) the conduct would constitute offences under the law of the relevant part of the united kingdom if it occurred in that part of the united kingdom; (c) a sentence of imprisonment or another form of detention for ..... the information that has been given in the european arrest warrants indicates that it is the practice in poland for the sentencing court, in multiple offence cases, to aggregate the sentences that would have been appropriate for the offences if taken individually and to apply a discount from the total of the individual sentences to arrive at the overall sentence of imprisonment or detention that must be served. .....
Tag this Judgment!Court : House of Lords
..... lord lloyd went on to give his views on the provision which became section 58 at para 14.8: its purpose is similar to that of the offence of possession described above and the case in favour of retaining the power is very much the same. ..... whilst the presence of mental illness may be relevant to [gs] motivation for committing the alleged index offences, his mental illness would not have prevented him forming the necessary intent nor does dr qurashi express such an opinion. 15 ..... (3) subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court - (a) may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or (b) may accept a fact as sufficient evidence unless a particular matter is proved. ..... but that approach is only possible because the circumstances giving rise to the offence are always essentially similar and so it is possible to envisage what could be a reasonable excuse for doing what it prohibits ..... so the crown will have established the defendants guilt of the section 57(1) offence by proving beyond reasonable doubt that he possessed the fertiliser in circumstances giving rise to a reasonable suspicion that his possession was for a purpose connected with the commission etc of an act of terrorism ..... it is, of course, not the possession of the items themselves which constitutes the offence, but possession in such circumstances as to give rise to a reasonable suspicion of their connection with .....
Tag this Judgment!Court : House of Lords
..... worth matravers cj, mccombe and gross jj: [2006] ewca crim 707) certified the following point of law of general public importance as involved in its decision now under appeal: if a defendant is charged with an offence not specified in section 31(3) of the immigration and asylum act 1999, to what extent is he entitled to rely on the protections afforded by article 31 of the 1951 united nations convention relating to the status of refugees? ..... officers, the immigration and nationality directorate, the crown prosecution service and the law society representing defence solicitors (third draft, 8 march 2000), it was recognised that criminal offences giving rise to the question whether the protection afforded by article 31(1) was available might be committed by persons entering, departing from or in transit via the united kingdom: para 3.1. ..... this section as amended now provides: defences based on article 31(1) of the refugee convention 31 (1) it is a defence for a refugee charged with an offence to which this section applies to show that, having come to the united kingdom directly from a country where his life or freedom was threatened (within the meaning of the refugee convention), he ..... ms montgomery qc withdrew any concession made below and asserted that article 31 applies only to offences of entering and being present on the territory of a contracting state and does not apply to offences committed by a refugee, such as the appellant, who is trying to leave that state and to .....
Tag this Judgment!Court : House of Lords
..... . issued august 2004); the equivalent directions as to determinate sentence prisoners require the board to consider primarily the risk to the public of a further offence [not necessarily of violence] being committed at a time when the prisoner would otherwise be in prison, seemingly a more demanding test for the prisoner ..... is not affected by the possibility of a revocation of conditional release in cases where a person has failed to comply with the relevant conditions or committed a new offence, provided that there is a sufficient connection between his conviction and a recall to prison (see stafford v united kingdom [gc], no 46295/99, 81, echr 2002-iv). 20. ..... the parole board by the secretary of state pursuant to section 32(6) of the criminal justice act 1991: in deciding whether or not to recommend release on license, the parole board shall consider primarily the risk to the public of a further offence being committed at a time when the prisoner would otherwise be in prison and whether any such risk is acceptable ..... few months later, on 8 january 1996, he was sentenced to a consecutive term of four years imprisonment for the offences of escaping from custody and assault with intent committed whilst he was being conveyed from the old bailey to hmp ..... the claimant had been given a longer sentence than commensurate with the seriousness of the offence pursuant to section 2(2)(b) of the criminal justice act 1991 in order to protect the public from the risk of the serious harm that .....
Tag this Judgment!Court : House of Lords
..... category 1 territory if these conditions are satisfied (a) the conduct occurs outside the category 1 territory and no part of it occurs in the united kingdom; (b) the conduct would constitute an offence under the law of the relevant part of the united kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part ..... a member state may, consistently with the framework decision, provide for refusal to execute a european arrest warrant where a non-framework offence is in question and the requirement of double criminality is not met, or where the law of the executing member state regards the offence in question as committed wholly or partly in its territory (so as to confer territorial jurisdiction on the member state requested to execute the ..... the framework decision provides that the judicial authority of the executing member state may refuse to execute a european arrest warrant where it relates to offences which: "are regarded by the law of the executing member state as having been committed in whole or in part in the territory of ..... a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct; (c) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the united kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment. .....
Tag this Judgment!Court : House of Lords
..... i would say, however, that, though a person who is paid for goods or services out of the earnings of prostitution does not necessarily commit an offence under the act, yet a person does not necessarily escape from its provisions by receiving payment for the goods or services that he supplies to a prostitute. ..... " my lords, i agree with the judgment of the court of criminal appeal that the short answer to this argument is that the offence at common law alleged, namely, conspiracy to corrupt public morals, did not consist of the publication of the magazines, it consisted of an agreement to corrupt public morals by means of the magazines which might never have been published. ..... days are not full reports of the judgments we do not have the precise context, but i think it much more probable that these judges were intending to say that they then had power to create new offences, that this power extended to the moral field, and that the acts in these particular cases should be held to be punishable. ..... the punishment of which there is no previous authority now for the first time becomes punishable solely by a decision of a court, i therefore proceed to consider the authorities on the footing that the courts cannot now create a new offence or a new kind of criminal conspiracy, or at least that if any such power still exists this is not a proper sphere in which to exercise it. .....
Tag this Judgment!Court : House of Lords
..... 55: " almost all the prosecutions for public nuisance in recent years seem to have taken place in one of two situations: first, where the defendant's behaviour amounted to a statutory offence, typically punishable with a small penalty, and the prosecutor wanted a bigger or extra stick to beat him with, and secondly, where the defendant's behaviour was not obviously criminal at all ..... popplewell j, rattee j reviewed the authorities and concluded that the answer was that given by the house in sedleigh-denfield v o'callaghan [1940] ac 880: the appellant was guilty of the offence charged (p 289) "if either he knew or he ought to have known, in the sense that the means of knowledge were available to him, that there was a real risk that the ..... indictment, and if this were strictly a criminal proceeding the prosecution would be met with the objection that there was no mens rea: that the indictment charged the defendant with a criminal offence, when in reality there was no proof that the defendant knew of the act, or that he himself gave orders to his servants to do the particular act he is charged ..... ] focussed our attention on art 7 of the convention, entitled 'no punishment without law' which provides: '7(1) no-one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed nor shall a heavier penalty be imposed than the one that was applicable at the time .....
Tag this Judgment!Court : House of Lords
..... both because the power to make orders is necessary for the defence of the realm; and because the liberty of the subject is seriously infringed: for the order does not purport to be made for the commission of an offence against the criminal law: it is made by an executive minister and not by any kind of judicial officer: it is not made after any inquiry as to facts to which the subject is party: it cannot be reversed on any appeal: ..... can any person doubt that in respect of these powers given by statute to arrest for suspicion or belief of offences or intentions to commit offences other than felonies, the constable is in exactly the same position as in respect of his common law power to arrest on reasonable suspicion of felony, and that there is an "objective" issue in case of dispute to be ..... constable "has reasonable ground for suspecting that there is to be found in any vehicle evidence of the commission" of an offence he may search the vehicle and "seize any article which he has reasonable ground for believing to be evidence," etc. ..... now let us examine the regulations which import the words "reasonable cause," some in reference to the commission of an offence, some to a defence to a charge, and some to the powers given to executive officers to do acts for the ..... the legislature obviously proceeds on the footing that there may be certain persons against whom no offence is proved nor any charge formulated, but as regards whom it may be expedient to authorise the secretary of state to .....
Tag this Judgment!Court : House of Lords
..... lord goodhart qc twice moved amendments which were designed to reverse the presumption rather than abolish it: on 12 february 1998 he moved to amend the relevant clause (clause 27) by inserting: where a child aged 10 or over is accused of an offence, it shall be a defence for him to show on the balance of probabilities that he did not know that his action was seriously wrong. ..... older children was as follows: an infant under the age of fourteen years and above the age of twelve years is not prima facie presumed to be doli capax, and therefore regularly for a capital offence committed under fourteen years he is not to be convicted or have judgment as a felon, but may be found not guilty. ..... the common law thus drew a distinction between the capacity to commit a criminal offence, which required an ability to distinguish between right and wrong, and presumptions, rebuttable or irrebuttable, as to whether or not ..... and in common presumption this be true, yet if it appear to the court and jury that he was doli capax, and could discern between good and evil at the time of the offence committed, he may be convicted and undergo judgment and execution of death.. 14. ..... for his first offence a child may be fined or ordered to be detained, but is more likely to be admonished or placed on probation; for a second or subsequent offence, if it is desired to make use of the very restricted forms of punishment available to a juvenile court, it will generally be easy to show that the child knew his .....
Tag this Judgment!Court : House of Lords
..... cave lc in sorrell v smith at p 714 (means which are in themselves unlawful, such as violence or the threat of violence or fraud); lord wright in crofter at p 462 (quoted in para 75 above, and instancing some statutory offences); lord devlin in rookes v barnard [1964] ac 1129, 1209 (in some of the dicta [on conspiracies] the language suggests that the means must be criminal or tortious and in others that breach of contract would do; but in no case was ..... neither the liability for vat which the vat act 1994 imposes on taxable and some other persons, nor the potential liability to a penalty or criminal offences which it also imposes on certain persons, including some who are not themselves taxable persons under the act, seem to me reasons for treating the act as excluding or precluding the exercise ..... the unlawful means on which they rely in their re-re-amended particulars of claim are (a) the commission by redlaw and/or alldech of the common law offence of cheating the revenue and (b) the making by alldech of a fraudulent misrepresentation that the transactions had a genuine economic purpose and that vat was chargeable and/or recoverable on them by the submission to the ..... their primary contention is that where the conspirators agree to engage in conduct against the claimant which amounts to a criminal offence, and the carrying out of that conduct results in loss or damage to the claimant, the conduct will supply the unlawful means for the purposes of an unlawful act conspiracy .....
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