Woman and the "Woman's Movement." PDF Download

Author:
Publisher:
ISBN:
Category : Women
Languages : en
Pages : 10

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Author: Great Britain. Law Commission
Publisher: The Stationery Office
ISBN: 9780118404747
Category : Business & Economics
Languages : en
Pages : 102

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Simplification of Criminal Law : Public Nuisance and Outraging Public Decency: A Consultation Paper

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

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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

Author: Great Britain: Law Commission
Publisher:
ISBN: 9781474121972
Category :
Languages : en
Pages : 87

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Print and web pdfs are available at https://www.gov.uk/government/publications Web ISBN=9781474121989

Author: Great Britain. Law Commission
Publisher:
ISBN: 9781474112185
Category : Criminal law
Languages : en
Pages : 115

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Author: South African Law Commission
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 64

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Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 136

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Author: South African Law Commission
Publisher: Commission
ISBN: 9780621177053
Category : Criminal justice, Administration of
Languages : en
Pages : 50

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Author: Great Britain: Law Commission
Publisher:
ISBN: 9780102988536
Category : Kidnapping
Languages : en
Pages : 128

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This consultation provisionally proposed that kidnapping and false imprisonment should be replaced by one or more offences set out in statute. It was provisionally proposed that the offences should be made triable in a magistrates' court as well as in the Crown Court. Consultees disagreed, and on further statistical analysis it appeared that no significant number of kidnapping and false imprisonment cases result in sentences of less than 6 months' imprisonment. It was therefore recommended that these offences remain triable in the Crown Court only, with the existing maximum penalty of life imprisonment. In line with the model favoured by consultees, the creation of two distinct statutory offences to replace the existing common law were recommended: that false imprisonment be replaced with a new statutory offence of unlawful detention (a label which we believe better captures the nature of the offence) and a new statutory kidnapping offence. It was also recommended to increase of the maximum sentences for these offences from 7 to 14 years' imprisonment, in order to avoid undesirable inconsistency between the most serious instances of these offences and kidnapping offences of a comparable level of seriousness and that the offence under section 1 be extended to cover cases of wrongful retention of a child abroad, in breach of the permission given by another parent (or other connected person) or the court. This extension would close the gap in the law highlighted in the case of R (Nicolaou) v Redbridge Magistrates' Court.

Author: South African Law Commission
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages : 140

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