Indictable - Law Dictionary Search Results
Solicitation
Solicitation. It is an indictable offence to solicit and incite another to commit a felony, although no felony be in fact committed, R. v. Higgins (1801) 2 East, 5.As to arrest by a constable, on view, of a prostitute 'loitering in any thorough fare or public place for the purpose of prostitution or solicitation to the annoyance of the inhabitants or passengers,' see (English) Metropolitan Police Act 1839, s. 54, and s. 28 of the Town Police Clauses Act, 1847, where this street offence is described as 'loitering and importuning passengers for the purpose of prostitution.'...
Eavesdropping
The habit of lurking about dwelling houses and other places where persons meet for private intercourse secretly listening to what is said and then tattling it abroad The offense is indictable at common law...
Forcible entry
Forcible entry is the entering upon any land or tenement with a strong hand, or in a violent manner, in order to take possession. There may be a forcible entry although no actual force is used, as, for example, when threats are made or an unusual number of persons collected. Forcible entry was permissible at Common Law in certain cases, e.g., when the rightful owner had been wrongfully deprived of possession, but it was absolutely pro-hibited by the Statutes of Forcible Entry (5 Rich. 2, c. 7; 15 Rich. 2, c. 2; 8 Hen. 6, c. 9), which make forcible entries punishable with imprisonment. The first of these statues provides that 'none shall make entry into any lands or tenements, but in case where entry is given bylaw, and in such case not with strong hand nor with multitude of people, but only in a peaceable and easy manner.' A forcible entry by a person entitled to possession, though indictable, does not give rise to civil responsibility in damages. See Hemmings v. Stoke Poges Golf Club,...
Bill of indictment
Bill of indictment, means a bill which charges a person with an indictable offence and is signed by an officer of the court, can become an indicting. It may be preferred by directing or with the consent of a High Court Judge, or by direction of the court of appeal, or where a person is committed for trial by examining Magistrates. In re Practice Direction, (1990) 1 WLR 1633; R. v. Raymond, (1981) 2 ER 246....
Indecent assault
Indecent assault. See (English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), s. 52, where by such an assult on a female is an indictable offence, punishable by imprisonment with or with-out hard labour up to two years; and s. 62, whereby such an assault on a male is punishable by penal servitude up to ten years, or imprisonment: consent of either girl or boy under sixteen being by the (English) Criminal Law Amendment Act, 1922 (12 & 13 Geo. 5, c. 56), no defence....
Passport
Passport, a licence for the safe passage of anyone from one place to another, or from one country to another. Passports are issued by the Foreign Office to British-born subjects or to those naturalised in the United Kingdom, British Dominions, Colonies or India, subject to the recommendation and identification of the applicant by a person holding certain positions, e.g., J.P., barrister, solicitor, physician. Application should be made to the Passport Office, 1, Queen Anne's Gate Buildings, Dartmouth Street, Westminster, London, or 36, Dale Street, Liverpool.A combination to procure from the British Foreign Office a passport taken out in one name but to be used in another is an indictable misdemeanour, R. v. Brailsford and McCulloch, (1905) 2 KB 730. Forgery is a misdemeanour under the (English) Official Secrets Act, 1920 (10 & 11 Geo. 5, c. 86), and obtaining passports by false statements, under the (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86).A 'passport' is a documen...
Remand
Remand, means to return from one court to another especially lower court or from a court to an administrative agency, McCarton v. Estate of Watson, 693 2d 192 (1984).Remand, to re-commit, or send back to prison, one charged before a magistrate (see Indictable Offences Act, 1848, s. 21, and Summary Jurisdiction acts, 1848, s. 16 and 1879, s. 24), in the first instance for the sake of allowing further evidence to be collected and adduced at a further hearing.The act or instance of sending something (such as case, claim, or person) back for further action, Black's Law Dictionary, 7th Edn., p. 1295....
Sentence of a Court
Sentence of a Court, a definite judgment pro-nounced in a criminal proceeding. In the case of indictable offences (except murder, on conviction of which the Court is bound to pronounce sentence of death, by s. 2 of the Offences against the Person Act, 1861 (but see next title), and treason) the extent of the sentence is within a given maximum left to the discretion of the Court, such few maximum sentences as previously were enjoined having been abolished by the (English) Penal Servitude Act, 1891. In passing sentence reference should not be made to the unexpired portion of any former sentence, as this has to be served by virtue of s. 9 of the (English) Penal Servitude Act, 1864; R. v. Smith, (1909) 2 KB 756.See the (English) Infanticide Act, 1922, when in certain cases a verdict of infanticide may be returned, notwithstanding that the circumstances were such that, but for the Act, would have amounted to murder.There is an express power of refraining from sen-tencing at once to punishme...
Indecent exposure
Indecent exposure, an indictable offence at Common Law. Exposure of the person in or in view of any public street or place of resort, with intent to insult any female, is also an offence summarily punish-able under the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83), s. 4.Means an offensive display of one's body in public, esp. of the genitals, Black's Law Dictionary, 7th Edn., p. 772....
Quarter Sessions
Quarter Sessions, the sittings of the whole body of the justices of the peace in a county, and of a recorder in a borough, having a separate Court of quarter sessions, four times in each year, or oftener, to try certain indictable offences, and hear appeals from petty sessions. The holding of quarter sessions can be dispensed with or the time for holding them varied within certain limits by virtue of the Assizes and Quarter Sessions Act, 1908, as amended by the Crim. Justice Act, 1925; see ss. 18-23 and 1st Sched. Where by statute the decision of the Quarter Sessions is final, there is no power to state a case for the opinion of the High Court, Kydd v. Liverpool Watch Committee, 1908 AC 327. See SESSIONS OF THE PLACE....
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