Court : House of Lords
..... have been the secret thought of the constables at the time of the arrest and detention, they allowed him to think that he was being arrested for being in unlawful possession of certain goods, an offence, if it be an offence, which was at the most a misdemeanour within the liver- pool act and could not, except under conditions which did not here obtain, justify an arrest without a warrant, and was described in terms ..... in another aspect the liverpool act is a curious one, for the misdemeanour created by it only arises if the individual, when brought before the magistrate, fails at that stage to account for what is in his possession; no offence, therefore, can be committed before he is brought before the magistrate, and the power of the police to arrest and detain an individual (whether with or without a magistrate's warrant, according to circumstances) is not a power to ..... in the result, therefore, the respondent has not been proved guilty of any offence and he has spent a week in prison, after being arrested on a charge of unlawful possession in circumstances where an arrest on this charge ..... on an indictment, one count of which charged him with feloniously cutting walby with intent to obstruct, resist, and prevent the lawful apprehension and detainer of the prisoner for a certain offence, for which he was then liable by law to be apprehended and detained. ..... on a complaint which had been made to him, but the alleged offence did not, of course, justify curvan's arrest without a warrant. .....
Tag this Judgment!Court : House of Lords
..... the anonymity order of which it appears to have been unaware), the times on 15 december 2000 published an article under the headline spinster, 70, tells of rape ordeal in dna case", naming d as the man acquitted of the offence and naming the victim too (she having waived her statutory right to anonymity), giving her account of the crime and its impact upon her life. ..... 2005, however, there came into effect part 10 of the criminal justice act 2003 which now makes it possible to re-try persons acquitted of specified serious offences where the court of appeal is satisfied that there is new and compelling evidence available and that a retrial would be in the interests of justice". ..... this was said in the evidence in support of this application to have been in the light of the very serious nature of the offence which had been committed", the fact that the crime remained unsolved", and the media coverage that the case received both at the time of [ds] acquittal and at the time of the publication of ..... of the broadcast will be the fact that a dna profile obtained from a saliva sample that was taken from him when he was arrested for an offence of burglary was matched with the dna profile obtained from swabs taken from the rape victim. ..... which the bbc wish to use for the pilot episode of their proposed serieswas that of the defendant (d) who at the central criminal court on 18 june 1999 was acquitted of a most shocking offence: the anal rape of a 66-year old woman in her own home. .....
Tag this Judgment!Court : House of Lords
..... permits proof of a conviction without the necessity of calling evidence over again to prove the commission of the offence by the person convicted, the avowed object of the provision: see hansard, hc debates, 8 march 1984, ..... if a confronts b and alleges that he has committed a crime against him, and b is later tried for that offence, evidence of what a said will usually be relevant only if b's conduct is something other than a stalwart denial of the charge; but there is no doubt that a's statement may always be proved in the first instance, ..... the certified questions were as follows: "(1) in a joint trial of two or more defendants for a joint offence is a jury entitled to consider first the case in respect of defendant a which is solely based on his own out of court admissions and then to use their findings of a's guilt and the role a played as a fact to be used evidentially ..... 1984 ("pace"), which provides: "in any proceedings the fact that a person other than the accused has been convicted of an offence by or before any court in the united kingdom or by a service court outside the united kingdom shall be admissible in evidence for the purpose of proving, where to do so is relevant to any issue in those proceedings, that that person committed that offence, whether or not any other evidence of his having committed that ..... to cases where individual defendants are charged with a number of separate substantive offences and the terms of a common enterprise are not proved or are ill-defined .....
Tag this Judgment!Court : House of Lords
..... the conduct which this penalises would also have been penalised under the sexual offences act 1956 (as amended) but the offence committed would have differed according to the sexual act involved and the gender of the victim: unlawful sexual intercourse with a girl under 13, contrary to section 5 of the 1956 act, carried a maximum of life imprisonment; buggery of a ..... as enacted, however, they cover inter alia the conduct covered by s.5, but they involve, in the case of an offence committed by a person under 18, on summary conviction imprisonment for a term not exceeding 6 months or a fine and on conviction on indictment imprisonment for a term not exceeding 5 years. 66. ..... consensual is not accurate in the legal sense, for she could not at the age of twelve years give sufficient consent to excuse the act, since any sexual act performed on a child under thirteen years constitutes an offence, irrespective of the complainants willingness to engage in the activity or the defendants knowledge or belief about her age. 59. ..... but the message of sections 9 and 13 is that any sort of sexual activity with a child under 16 is an offence, unless in the case of a child who has reached 13 the perpetrator reasonably believed that the child was aged 16 or over. ..... for the purpose of sentence, the prosecution accepted the appellants version of the facts, namely, that the accused was 15 at the time of the offence, the complainant had consented to intercourse and she had told him that she was 15. .....
Tag this Judgment!Court : House of Lords
..... section 11(7)(b) provided that, if the procession took a different route from the one specified in the notice, any organiser or organisers would be guilty of an offence, unless he or they did not know of, and neither suspected nor had reason to suspect, the difference of route. 39. ..... (7) where a public procession is held, each of the persons organising it is guilty of an offence if (a) the requirements of this section as to notice have not been satisfied, or (b) the date when it is held, the time when it starts, or its route, differs from the date, time or ..... (7) where a public procession is held, each of the persons organising it is guilty of an offence if (a) the requirements of this section as to notice have not been satisfied, or (b) the date when it is held, the time when it starts, or its route, differs from the date, time or ..... similarly, it is assumed that an organiser could be guilty of an offence under section 11(7)(a) even though the route would not have been determined by the time any notice ..... (9) to the extent that an alleged offence turns on a difference of date, time or route, it is a defence for the accused to prove that the difference arose from circumstances beyond his control or from something done with the agreement of a ..... (9) to the extent that an alleged offence turns on a difference of date, time or route, it is a defence for the accused to prove that the difference arose from circumstances beyond his control or from something done with the agreement of a .....
Tag this Judgment!Court : House of Lords
..... accused believed, and reasonably believed, that it was not prejudicial bat beneficial to the interests of the state to immobilize these aircraft: the jury were entitled to hold that no offence had been committed because the accused did not have a purpose prejudicial to the state, and it was for the jury to determine their purpose. ..... are the relevant words of the statute far wider and vaguer than those usually employed in the definition of criminal offences, but terms such as purpose, interests and " state are un- familiar in the criminal law and have no settled ..... his ruling was that, if they found the immediate purpose proved, that of obstruction, they ought to find the appellants guilty of offences under section 1 of the act, regardless of whether they might think the long-term purpose in itself beneficial or, at any rate, non-prejudicial ..... i am prepared to start from the position that, when an act requires certain things to be established against an accused person to constitute an offence, all of those things must be proved by evidence which the jury accepts, unless parliament has otherwise provided but normally such things are facts, and where questions ..... the act of parliament in this case has introduced the idea of purpose as a determining element in the identification of the offence charged, and lawyers, therefore, whose function it is to attribute meanings to words and to observe relevant distinctions between different words, cannot escape from this duty merely by saying that .....
Tag this Judgment!Court : House of Lords
..... united states in woodson v north carolina (1976) 428 us 280, 304: a process that accords no significance to relevant facets of the character and record of the individual offender or the circumstances of the particular offence excludes from consideration in fixing the ultimate punishment of death the possibility of compassionate or mitigating factors stemming from the diverse frailties of humankind. ..... of cypruss statement that, in exercising the discretionary power to release life sentence prisoners, the president took into account: the nature of the offence, the amount of time a prisoner had already served and any exceptional or compassionate grounds for early release. ..... the central issue in this appeal is whether the extradition of a person alleged to have committed an offence for which the mandatory penalty is a sentence of imprisonment for life without eligibility for parole would be in breach of article 3 of the european convention for the protection of human rights ..... of this case, it could not be said that a sentence of life without parole would be so grossly disproportionate to the offence as to meet the heightened standard for contravention of article 3 in its application to extradition cases. ..... view is strengthened if, as in this case, the offence was one which might have attracted the same penalty ..... it treats all persons convicted of a designated offence not as uniquely individual human beings, but as members of a faceless, undifferentiated mass to be subjected to the blind .....
Tag this Judgment!Court : House of Lords
..... error or reason for regarding the verdict as unsafe or unsatisfactory, but he went on to state (by way of obiter): "what is required in any particular case, where the judge fails to leave an alternative offence to the jury, is that the court, before interfering with the verdict, must be satisfied that the jury may have convicted out of a reluctance to see the defendant get clean away with what, on any ..... himself about it or calling some evidence to cover or guard against the possibility of conviction of that lesser offence - and in such a case, where there might well be prejudice to an accused, it seems to this court there must be a discretion in the trial judge whether or not to leave the lesser ..... v mccormack [1969] 2 qb 442,446 b the court of appeal said: "cases vary so infinitely that one can well envisage a case where the possibility of conviction of some lesser offence has been completely ignored by both prosecution and defence - it may be that the accused has never had occasion to deal with the matter, has lost a chance of giving some evidence ..... to deal with the matter, has lost a chance of giving some evidence himself about it or calling some evidence to cover or guard against the possibility of conviction of that lesser offence and in such a case, where there might well be prejudice to an accused, it seems to this court there must be a discretion in the trial judge whether or not to leave the lesser .....
Tag this Judgment!Court : House of Lords
..... in para 75, none of the conduct alleged against the respondent suggested that he was in spain at any time between march 2001, when membership of al-qa'eda as a proscribed organisation became an offence under section 11 of the terrorism act 2000 (see the terrorism act 2000 (proscribed organisations) (amendment) order 2001 (si 2001/1261)), and the issue of the european arrest warrant in april ..... that extradition is not barred by any of those circumstances and the persons extradition is requested for the purpose of being prosecuted for the offence, he must decide under section 21 whether the persons extradition would be compatible with the convention rights within the meaning of the human rights ..... scott said this: 51 secondly, the framework decision was intended to make it unnecessary, whether in relation to framework list offences or any other offences, for the requesting state to have to show that the individual had a case to answer under the law of that ..... the first was that, as the requirement of double criminality had been removed in the case of offences falling within the framework list, it was no longer necessary to show in relation to those offences that the conduct of the accused for which he was to be prosecuted in the requesting state would have been conduct for which he could ..... the information in the european arrest warrant that was issued in this case about the alleged offences went far beyond what is contemplated by article 8(1)(e) of, and the annex to, the framework .....
Tag this Judgment!Court : House of Lords
..... in his dissenting judgment (cited with approval in libman) in rjr- macdonald inc v attorney general of canada [1995] 3 scr 199, para 68, la forest j, sitting in the same court, said: "courts are specialists in the protection of liberty and the interpretation of legislation and are, accordingly, well placed to subject criminal justice legislation ..... to show that they are to this extent properly tailored to the state of emergency; and (4) that it is difficult to see how a power to detain a foreign national who had not been charged with a criminal offence and wished to leave the uk could readily be defended as tending to prevent him committing acts of terrorism aimed at the uk. ..... obtained his release by undertaking to observe the law and refrain from activities contrary to the offences against the state (amendment) act 1940, but instead challenged the lawfulness of the irish derogation ..... in the indefinite detention in a high-security prison of individuals who have not been tried for (or even charged with) any offence, and who may be innocent of any crime, plainly invite judicial scrutiny of considerable intensity. ..... of the 2001 act are aimed at any terrorists or (in some cases) suspected terrorists, regardless of nationality (except that, as already noted, some offences under the 2001 act can be committed only by nationals). ..... is a helpful background summary by professor a t h smith in the chapter on offences against the state in english public law (edited by professor david feldman, 2004), .....
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