Commencement Proceedings are either commenced by arrest, charge and production to the court, either on bail or in custody, or by the laying of an information followed by the issue of a summons or a warrant. The information sets out details of the offence; where the defendant is charged by the police the charge sheet forms the information. If the defendant is held in custody he/she must appear before the magistrates' court as soon as practicable and in any event at the first sitting after being charged
How Lay Magistrates are Chosen and Appointed Lay magistrates, justices of the peace, are part-time and unpaid members of the public, who are chosen to serve in the magistrates court. In order to become a lay magistrate a certain criteria is set. The lay magistrates are not legally qualified, they can be taxi drivers or teachers. They only need to fit certain criteria. The person must live within 15 miles of the area in which they want to serve. They must have lived within this area for
An Indictable Offence and How it is Brought to Trial An indictable offence is an offence that may be tried on indictment, i.e.- by a jury in the Crown Court. Most serious offences i.e. murder and rape are indictable offences. A judge and jury in the Crown Court try indictable offences, and the magistrates sit only as examining justices to decide whether the prosecution has sufficient evidence to justify a trial. In a Practice Direction issued in May 1995, Lord Taylor CJ defined the four
Court. The Crown Court has a lot more sentencing power then the magistrates court so a downside to this choice is if they are found guilty they are likely to have a harsher punishment than a magistrates court would give. For a single criminal offence committed by an adult, a magistrates sentencing powers include the imposition of fines, community service orders, probation orders or a period of time in custody. Magistrates cannot normally order sentences which exceed 6 months (or 12 months
deciding whether the accused is granted bail. Under this new legislation authorities must bear in mind the following when considering to grant an accused bail; Does the person present a risk of endangering the communities safety, committing a serious offence, interfering with witnesses or fail to appear at an appointed time? This system will offer greater uniformity by detaching complexities predominately relating to the resumptions scheme, while taking into great consideration the safety of the community
fewer women are convicted of crime than men – a fact which has changed little over the years. Female offenders also show a different pattern of offending being less involved in violent offences and proportionately more involved in theft. In general most now accept that girls and women do commit fewer offences than boys. GENDER AND PATTERNS OF CRIME Writing in 1977 Carol Smart stated: Our knowledge is still in its infancy. In comparison with the massive documentation on all aspects of
of which include: provincial regulatory offences most criminal offences, traffic violations, family law, young offenders. Private disputes involving money can also be dealt with at this level in Small Claims courts. As well, all preliminary inquiries take place before the provincial courts. Some provinces and territories have domestic violence court programs. These programs provide services to victims. There are specific courts set up for certain offences. The object is to address the needs of non-violent
Religion and the Igbo People The Igbo are a profoundly religious people who believe in a benevolent creator, usually known as Chukwu, who created the visible universe (uwa). Opposing this force for good is agbara, meaning spirit or supernatural being. In some situations people are referred to as agbara in describing an almost impossible feat performed by them. In a common phrase the igbo people will say Bekee wu agbara. This means the white man is spirit. This is usually in amazement at the scientific
The purpose of the prison system was meant to be a deterrent to crime, as a preventative measure and to those who have already committed crimes, it is supposed to keep them from coming back. Obviously this did not work, today there are overcrowded jails and courts that look to any other way to punish a criminal besides jail time. The other options do not work either, they have not reduced the prison population nor have they created a sort of fear of being punished that a tougher system might do(Faugeron
efficient ways to correct their negative behaviour. The newest "brain-storm" that politicians have dwelled upon is sending young offenders that commit serious offences to boot camp. The first question that comes to mind is what is a boot camp? A boot camp is an alternative place to send youths between the ages of 12-17 who commit serious criminal offences. Boot camps have five basic goals: (1) incapacitation, (2) deterrence, (3) rehabilitation, (4) reduction of prison costs and crowding, and (5) punishment
In my essay I will tell you the various kinds of drinking and driving offences, the penalties, and the defences you can make if you are caught drinking and driving. Let me tell you about the different offences. There are six offences in drinking and driving. They are "driving while impaired", "Having care and control of a vehicle while impaired", "Driving while exceeding 80 m.g.", "Having care and control of a vehicle while exceeding 80 m.g.", "Refusing to give a breath sample", and "refusing to
when left to their own devices, they could very easily make the wrong decision when tempted. The U.S Department of Justice has reported that after-school hours can be the most dangerous ones for children. They say that 29 percent of all juvenile offences occur on school days between 2 and 8 p.m. They also have reported that in the hour immediately following school, the number of violent crimes committed almost doubles. (Ansell, 2004). This means that too many children are left to their own devices
come for Petra, David and Rosalind because they kill everybody who is unable to send thought-shapes. The Waknuk society is egocentric because they banish people who are different to the Fringes or destroy and kill crops and animals because they are offences. Another example that shows Waknuk is egocentric is that they believe they are the “true image” and all other societies are primitive and the work of the devil. Not only do these two societies show egocentricism, they are also ignorant. These
ethical principles and usually inscribed in a country's constitutional and legal framework. In Criminology the word punishment is used to denote compensation and the offenders have to suffer different punishments depending on the aggravating form of offences. Though right to life is ensured and protected by the way of giving punishment to the wrongdoers, the right to life is curtailed when someone's life is executed under death penalty. Origin of death penalty Death penalty as a form of punishment
Different countries have various roots of laws dealing with defamation and its consequences. In pre- Roman time’s crimes dealing with slanderous and libel offences were punishable by death by law of the Twelve Tables. In Roman jurisprudence the offences were dealt with in a ways similar to modern law. Statements made in public were considered an offence, yet those made in private were not. The truth was a sufficient defense. Many libel and slander laws descend from the English law of defamation. The first
corporal punishment. I do not agree that it is needed to bring discipline back into our schools. It is assumed that a child who has been caned would be less likely to commit another offence , but this was never proved and , in fact , one theory holds that severe corporal punishment increases the likelihood of future offences. There are better ways to discipline students than hitting them. Some parents may believe that spanking a child may be beneficial but apart from being potentially dangerous physically
With the number of people who possess a computer or mobile devices rapidly growing, the number of cybercrimes being committed on a daily basis is following close behind it. With all the different types of cybercrimes there is no doubt that this problem is becoming quite serious in the modern day world. Cybercrimes can affect anyone/anything such as the government, businesses, and even your very own self. If any device is connected to the network, it can potentially be affected by cybercrimes such
liable to some of these offences, as she was an accomplice in many circumstances. There are a few defences that may be available to Denise and including self-defence and duress by threats to absolve her criminal liability. 1. ROBBERY Firstly, I will address the issue of Denise’s criminal liability to robbery. Robbery is a “species of theft which is aggravated by assault” . For Denise’s actions to amount to robbery there needs to be evidence of theft and force. The offence of robbery is defined
that punishment reduces crime. His argument against incapacitation as a means of preventing crime is convincing. In reference to statistical facts he showed prison does not prevent crime, maybe to the outside world but in actuality crime if the same offence, rape, is higher in prison. I believe rather than just focusing on prison as a form of incapacitation in preventing crime what about the permanent incapacitative punishment other than the capital punishment? Would crime be prevented if we cut off
Chillingworth is the Greatest Sinner in The Scarlet Letter The world of Puritan New England, like the world of today, was filled with many evil influences. Many people were able to withstand temptation, but some fell victim to the dark side. Such offences against God, in thought, word, deed, desire or neglect, are what we define as sin (Gerber 14). In Nathaniel Hawthorne's The Scarlet Letter, the reader is able to observe how one sin devastates three lives. Hester, Dimmesdale, and Chillingworth