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Penal - Law Dictionary Search Results

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Penal Servitude

Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.(2) where under any Act now in force or un...


Penal statute

Penal statute, penal statute or penal law is a law that defines an offence and prescribes its corresponding fine, penalty or punishment, Karnataka Rare Earth v. Senior Geologist, (2004) 2 SCC 783 (791).Those which impose penalties or punishments for an offence committed; they are construed strictly in favour of the person charged with the offence. See, however, remarks of Lord Alverstone, C.J., in Dunning v. Swetman, (1909) 1 KB 776.The penalties or forfeitures under these statutes are generally made recoverable by the Crown, or the party aggrieved, or a common informer, as the case may be. See 4 Hen. 7, c. 20; 31 Eliz. c. 3; 18 Eliz. c. 5; 21 Jac. 1, c. 4; the (England) House of Commons (Disqualification) Acts of 1782 and 1801; and Chitty's Statutes, tit. 'Penal Actions.'This remedy is generally designated a penal action; or, where one part of the forfeiture is given to the Crown and the other part to the informer, a popular or qui tam (q.v.) action. For an instance of a recent action...


penal law

penal law 1 : a law prescribing a penalty (as a fine or imprisonment) for one who violates it 2 : penal code ...


penal statute

penal statute : penal law ;esp : a law that calls for a penalty as opposed to one providing for a remedy for a wronged party ...


Penal action

Penal action, see PENAL STATUTES....


Penal Laws

Penal Laws, those laws which prohibit an act, and impose a penalty for its commission. For the penal laws par excellence, see ROMAN CATHOLICS, and Lilly and Wallis's Laws affecting Catholics....


Model Penal Code test

Model Penal Code test : substantial capacity test ...


penal

penal 1 : of, relating to, or being punishment [ sanctions] 2 : making one (as an offender) punishable [a offense] ;also : criminal 3 : used as a place of confinement and punishment [a institution] ...


penal action

penal action : an action by the state or a private party that is for the purpose of imposing a statutorily prescribed penalty on one who violates a law and that is punitive rather than remedial in nature ;also : a criminal prosecution ...


penal bond

penal bond see bond ...


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