Case Summaries Up To April 2006
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By Law Brief Publishing on 23/03/2006 00:00
Aggression was not capable of being a crime under English domestic law; protesters against the Iraq war who disrupted operational activities at military bases in England could not therefore justify their conduct on the ground that they were preventing a “crime” under s.3 of the 1967 Act or an “offence” under s.68 of the 1994 Act.
By Law Brief Publishing on 08/03/2006 00:00
The powers to stop and search in ss.44 to 46 of the Terrorism Act 2000 were lawful in domestic law and not in breach of Arts 5, 8, 10 or 11 of the ECHR.
By Law Brief Publishing on 01/02/2006 00:00
The notification requirements under the sexual offences register were no activated where an offender had been conditionally discharged.
By Law Brief Publishing on 08/12/2005 00:00
Evidence, of a suspect or witness, obtained by torture is not admissible against a party in a British court, irrespective of where, by whom or on whose authority the torture had been inflicted. The fact that evidence had or might have been procured by torture by foreign officials without the complicity of British authorities was relevant as to its weight but did not render it inadmissible.
By Law Brief Publishing on 01/12/2005 00:00
In cases where an adult D is convicted of murder, and the question is the minimum length of the punitive term of imprisonment to be served, the judge has the discretion to order an oral hearing whenever he believes such a hearing to be required in the interests of fairness.
By Law Brief Publishing on 17/11/2005 00:00
Criminal conduct, whether or not contained in the list of "framework offences" under the Council of the EU’s scheme for establishing more effective surrender procedures between member states and Sch. 2 to the Extradition Act 2003, could constitute extradition offences under s.65(3) of that Act where some, but not all, of the conduct complained of occurred in the territory of the issuing member state.
By Law Brief Publishing on 27/10/2005 00:00
An essential ingredient of the offence of causing a public nuisance was that D’s act or omission caused common injury to a section of the public. So individual acts of private nuisance committed against several different individuals did not amount to the offence. If D’s act, which was not unlawful, had consequences which he did not intend and which he was not proven to have foreseen, he could not be found guilty of causing a public nuisance.
By Law Brief Publishing on 13/10/2005 00:00
It was held that the Hunting Act 2004 was valid.
By Law Brief Publishing on 29/07/2005 00:00
The progress of a child or young person sentenced to detention during her Majesty’s pleasure before 30/11/00 should remain subject to continuing review for reconsideration of the minimum term imposed if reasonable to require it because of clear evidence of exceptional and unforeseen progress.
By Law Brief Publishing on 28/07/2005 00:00
When reviewing the minimum term which a child or young person sentenced before 30/11/00 for murder to detention at her Majesty’s pleasure, he is not obligated to hold an oral hearing.
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