Law and Rights
The Law Commission has recommended modernisation of the law on violence - Law Commission Offences against the person: Modernising the law on violence
New rules are needed to tackle violent offences and make better use of court time, according to the Law Commission.
In a scoping report issued today the Law Commission is recommending reforms that would:
the new offence would allow violent assaults to be charged at a more appropriate level. Currently over 70% of the ABH cases taking up expensive Crown Court time receive sentences of 12 months or less. Charged as aggravated assault, such cases could be heard in the Magistrates? Courts. In order to keep cases out of Crown Court, many assaults causing injury are currently charged as common assault, which fails to acknowledge the violent nature of the offence.
A power to increase the sentencing powers of the Magistrates' Courts to 12 months imprisonment is in the Criminal Justice Act 2003 section 282 but has not yet been activated. The reasons for that are unclear.
The Guardian 3rd November 2003 - Let Magistrates deal with more assault cases ...
- Criminal Cases: Spouses And Civil Partners ~ Competence And Compellability
The law has leaned against compelling one party to a marriage to testify against the other party. It has been considered to be both socially undesirable to disturb marital harmony and to be harsh to force one to testify against the other. ...
- Sentencing Guidelines For Burglary
Hot on the heels of sentencing guideline consultations for assault and drug offences, the Sentencing Council has issued a consultation on sentencing for burglary. The consultation is open to public comment up to 4th August 2011 ? see Professional...
- Sentencing Council Issues New Guidelines For Assault Offences
English law has a range of "assault offences" which, in a general ascending order of seriousness are: common assault and battery - (common law offences but Criminal Justice Act 1988 s.39 applies) assault occasioning actual bodily harm -...
- Allow Me To Introduce ....
Mrs. Edith Brickhill. She is 92 years of age and partially sighted. Someone attacked her at her home and stole £30 from her purse. She has been targeted a number of times previously and is now afraid to return to her home of 40 years. ...
- The Right To Bail: Is It Disappearing Or Being Whittled Down?
A fundamental element of English criminal law and practice is that the accused is to be considered ?innocent until proven guilty? before a court of law. The ?presumption of innocence? is the foundation of the now very heavily amended Bail Act 1976. The...
Law and Rights
Reforming the criminal law - Law Commission report on Offences against the Person
New rules are needed to tackle violent offences and make better use of court time, according to the Law Commission.
In a scoping report issued today the Law Commission is recommending reforms that would:
- replace the outdated Offences Against the Person Act 1861 with modern, clear and logical legislation
- create a new offence of ?aggravated assault?, to bridge the gap between common assault and the much more serious actual bodily harm (ABH), and
- extend the offence of threats to kill to include threats to cause serious injury and threats to rape.
the new offence would allow violent assaults to be charged at a more appropriate level. Currently over 70% of the ABH cases taking up expensive Crown Court time receive sentences of 12 months or less. Charged as aggravated assault, such cases could be heard in the Magistrates? Courts. In order to keep cases out of Crown Court, many assaults causing injury are currently charged as common assault, which fails to acknowledge the violent nature of the offence.
A power to increase the sentencing powers of the Magistrates' Courts to 12 months imprisonment is in the Criminal Justice Act 2003 section 282 but has not yet been activated. The reasons for that are unclear.
The Guardian 3rd November 2003 - Let Magistrates deal with more assault cases ...
- Criminal Cases: Spouses And Civil Partners ~ Competence And Compellability
The law has leaned against compelling one party to a marriage to testify against the other party. It has been considered to be both socially undesirable to disturb marital harmony and to be harsh to force one to testify against the other. ...
- Sentencing Guidelines For Burglary
Hot on the heels of sentencing guideline consultations for assault and drug offences, the Sentencing Council has issued a consultation on sentencing for burglary. The consultation is open to public comment up to 4th August 2011 ? see Professional...
- Sentencing Council Issues New Guidelines For Assault Offences
English law has a range of "assault offences" which, in a general ascending order of seriousness are: common assault and battery - (common law offences but Criminal Justice Act 1988 s.39 applies) assault occasioning actual bodily harm -...
- Allow Me To Introduce ....
Mrs. Edith Brickhill. She is 92 years of age and partially sighted. Someone attacked her at her home and stole £30 from her purse. She has been targeted a number of times previously and is now afraid to return to her home of 40 years. ...
- The Right To Bail: Is It Disappearing Or Being Whittled Down?
A fundamental element of English criminal law and practice is that the accused is to be considered ?innocent until proven guilty? before a court of law. The ?presumption of innocence? is the foundation of the now very heavily amended Bail Act 1976. The...