Criminal Cause - Law Dictionary Search Results
Home Dictionary Name: criminal causeCriminal cause or matter
Criminal cause or matter, if the cause or matter is one which, if carried to its conclusion, might result in the conviction or the person charged and in a sentence of some punishment, such as imprison-ment or fine, it is a 'criminal cause or matter', A (Ara) v. Chief Constable of Merseyside Police, (2004) 1 WLR 1697 (CA)....
Criminal cause
Criminal cause, means nature of the proceedings in which the original order was made will necessarily determine whether the machinery of enforcement through the court is a criminal cause or matter, Govt. of USA v. Montgomery [HL(E)], (2001) 1 WLR 196....
homicide
homicide [Latin homicidium, from homo human being + caedere to cut, kill] 1 : a person who kills another 2 : the killing of one human being by another compare manslaughter, murder criminal homicide : homicide committed by a person with a criminal state of mind (as intentionally, with premeditation, knowingly, recklessly, or with criminal negligence) deliberate homicide : homicide caused purposely and knowingly used in Montana excusable homicide : homicide that is committed by accident or misfortune by a person doing a lawful act by lawful means with usual and ordinary caution and without any unlawful intent and that is excused under the law with no criminal punishment imposed ;also : justifiable homicide in this entry felonious homicide : homicide committed without justification homicide by misadventure : homicide that occurs as the result of an accident caused by a person doing a lawful act with no unlawful intent justifiable homicide : homicide that is committed in self-...
Cause or matter
Cause or matter, the words 'cause' and 'matter' are often used in juxtaposition, but they have different meanings. 'Cause' means any action or any criminal proceedings and 'matter' means any proceedings in court not in a cause. When used together, the words 'cause or matter' cover almost every kind of proceeding in court, whether civil or criminal, whether interlocutory or final, and whether before or after judgment, Union Carbide Corporation v. Union of India, (1991) 4 SCC 584 (626). [Constitution of India, Art. 142(1)]...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
Crime
Crime, is a word, of which the interpretation has varied with the philosophic bias of the writer; it has been described as the violation of a right, when considered in reference to the evil tendency of such violation, as regards the community at large, but this definition is too wide; and would include any evil act or movement whether or not it is punishable by law. The (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), s. 5, defines crime for the limited purposes of the Act as either felonies or specified offences or misdemeanours, while 'offence' means any act which is not a 'crime' and is punishable on indictment or summary conviction. In our law misdemeanour is generally used in cotradistinction to felony, and comprehends all indictable offences which do not amount to felony, as perjury, battery, libels, conspiracies, etc. see OFFENCE, and consult Russell on Crimes, and Mellor v. Denham, (1880) 5 QBD 467, and other cases decided upon the meaning of 'criminal cause or ...
Benefit of clergy
Benefit of clergy [privilegium clericale, Lat.], an arrest of judgment in criminal cases. The origin of it was this: Princes and states, anciently converted to Christianity, granted to the clergy very bountiful privileges and exemptions, and particularly an immunity of their persons in criminal proceedings before secular judges. The clergy, afterwards increasing in wealth, number, and power, claimed this benefit as an indefeasible right, which had been merely a matter of royal favour, founding their principal argument upon this text of Scripture: 'Touch not mine anointed, and do my prophets no harm.' They obtained great enlargements of this privilege, extending it not only to persons in holy orders, but also to all who had any kind of subordinate ministration in the church, and even to laymen if they could read, applying it to civil as well as criminal causes. These exemptions at length grew so burthensome and scandalous, that the legislature from time to time interfered, by making par...
Crime of violence
Crime of violence, is whether the has been the infliction or threat of force or the doing of a hostile act, R (August) v. Criminal Injuries Panel (CA), (2001) 2 WLR 1452.May be committed when there is no use of force, but the victim is put in reasonable fear of immediate physical harm, Regina (August) v. Criminal Injuries Panel (CA), (2001) 2 WLR 1452.Includes personal injury caused by arson and by poisoning, R. (August) v. Criminal Injuries Panel (CA), (2001) QB LR 774....
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Attorney-General
Attorney-General, a great officer of state appointed by letters-patent, and the legal representative of the Crown in the Supreme Court. He is also ex-officio head of the bar for the time being. He exhibits informations, prosecutes for the Crown in criminal matters and in revenue causes, and used to grant fiats for writs of error until they were abolished by s. 20 of the (English) Criminal Appeal Act, 1907, His fiat or consent is required before certain proceedings or prosecutions can be commenced (see, e.g., (English) Public Bodies Corrupt Practices Act, 1889, and Prevention of Corruption Act, 1906). In many cases also (see e.g., (English) Lunacy Act, 1890, s. 325; (English) Public Health Act, 1936, s. 298; (English) Public Health (Officers) Act, 1884; (English) Public Health (Members and Officers) Act, 1885; Official Secrets Act, 1911, s. 8), his consent is necessary before penalties can be recovered. His fiat is necessary for certain appeals to the House of Lords. See (English) Appel...
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