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Draft Criminal Code and Commentary, May 2010

Author: Ireland
Publisher: John Donald
ISBN: 9781406427837
Category : Criminal law
Languages : en
Pages : 329

Book Description

Draft Criminal Code and Commentary, May 2010

Author: Ireland
Publisher: John Donald
ISBN: 9781406427837
Category : Criminal law
Languages : en
Pages : 329

Book Description

Commentary on Draft Criminal Code Bill

Author: Großbritannien Law Commission
Publisher:
ISBN:
Category :
Languages : en
Pages : 104

Book Description

Model Penal Code and Commentaries

Author: American Law Institute
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 526

Book Description

Code of Criminal Procedure

Author: American Law Institute
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 844

Book Description

Model Penal Code

Author: American Law Institute
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 332

Book Description

Study Draft of a New Federal Criminal Code (Title 18, United States Code)

Author: United States. National Commission on Reform of Federal Criminal Laws
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 422

Book Description

Simplification of criminal law

Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405188
Category : Law
Languages : en
Pages : 160

Book Description
In this report the Law Commission says the legal definition of kidnap needs to be rewritten to allow prosecutors to deal properly with each offender. It says the existing definition was confusing and ambiguous. Kidnapping is a common law offence - an historic crime developed in the courts, rather than being defined exactly by an Act of Parliament. It covers a huge range of possible offences, from minor domestic incidents to major conspiracies, and can carry a maximum life sentence. But the Law Commission says kidnap is more complex than the popular view that the offence occurs when someone is taken against their will. Prosecutors must also show that there was either fraud or force involved - otherwise they must rely on other offences such as abduction or false imprisonment. This means there is a gap in the law where either a child or a vulnerable adult - such as someone with learning disabilities - was enticed away. Although neither could give consent to being taken away, a perpetrator would escape a charge of kidnap if the police and prosecutors could not show they used force or fraud. In the worst-case scenario, this could mean that someone who kidnapped a child would face a maximum sentence of just seven years. Kidnap could be made more workable by simply showing that the victim had not given their consent to being taken away. The Commission also says reforms could also allow minor cases to be dealt with by magistrates' courts, saving both time and money