A Draft Criminal Code For Scotland With Commentary

Author : Scottish Law Commission
Publisher : Unknown
Page : 202 pages
File Size : 50,5 Mb
Release : 2003-01-01
Category : Criminal justice, Administration of
ISBN : 011497313X

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A Draft Criminal Code for Scotland with Commentary by Scottish Law Commission Pdf

This publication contains the text, with commentary, of a draft code for the Scottish criminal law, prepared by a group of Scottish academic lawyers. It is a modernising draft based on existing substantive law, and is in the form of a Scottish Parliament Bill, called the 'Criminal Law (Scotland) bill. The code consists of 114 sections and three schedules, and is divided into 10 parts. These relate to general aspects such as the burden of proof, presumption of innocence, causation, defences and penalties; particular offences including sexual and non-sexual offences, offences against property and economic interests, extortion and deception, public order offences and those against law government and the administration of justice, offences against animals; as well as a section dealing with rules on consent, interpretation and final provisions.

Author : Ireland
Publisher : John Donald
Page : 329 pages
File Size : 44,6 Mb
Release : 2010
Category : Criminal law
ISBN : 1406427837

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Draft Criminal Code and Commentary, May 2010 by Ireland Pdf

Author : J J Child,R A Duff
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 40,6 Mb
Release : 2018-11-29
Category : Law
ISBN : 9781509916788

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Criminal Law Reform Now by J J Child,R A Duff Pdf

If you could change one part of the criminal law, what would it be? The editors put this question to nine leading academics and practitioners. The first nine chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including confiscation, control orders, criminal attempts, homicide, assisted dying, the special status of children, time restrictions on prosecution, the right to silence, and special measures in court. Each chapter is followed by a comment from a different author, providing an additional expert view on each reform proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, examining various reform bodies and mechanisms across England, Wales and Scotland. Criminal Law Reform Now highlights and explores the current reform debates that matter most to legal experts, with each chapter making a case for positive change.

Author : James Chalmers
Publisher : Edinburgh University Press
Page : 376 pages
File Size : 47,7 Mb
Release : 2010-10-31
Category : Law
ISBN : 9780748679294

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Essays in Criminal Law in Honour of Sir Gerald Gordon by James Chalmers Pdf

This collection of essays honours the work of Sir Gerald Gordon CBE QC LLD (1929-). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to the criminal law of Scotland. His monumental work The Criminal Law of Scotland (1967) is the foundation of modern Scottish criminal law and is recognised internationally as a major contribution to academic work on the subject. Elsewhere, he has made significant contributions as an academic, judge and as a member of the Scottish Criminal Cases Review Commission. Reflecting the academic rigour and practical application of Sir Gerald's work, this volume includes essays on criminal law theory, substantive law and evidence and procedure by practitioners and academics within and outside of Scotland, including contributions from England, Ireland and the USA.

Author : Pamela R Ferguson
Publisher : Edinburgh University Press
Page : 798 pages
File Size : 45,5 Mb
Release : 2015-01-01
Category : Law
ISBN : 9780748695836

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Scots Criminal Law by Pamela R Ferguson Pdf

Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe

Author : Stuart P. Green
Publisher : Harvard University Press
Page : 431 pages
File Size : 48,6 Mb
Release : 2012-06-11
Category : Law
ISBN : 9780674069985

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Thirteen Ways to Steal a Bicycle by Stuart P. Green Pdf

Theft claims more victims and causes greater economic injury than any other criminal offense. Yet theft law is enigmatic, and fundamental questions about what should count as stealing remain unresolved—especially misappropriations of intellectual property, information, ideas, identities, and virtual property. In Thirteen Ways to Steal a Bicycle, Stuart Green assesses our current legal framework at a time when our economy increasingly commodifies intangibles and when the means of committing theft and fraud grow ever more sophisticated. Was it theft for the editor of a technology blog to buy a prototype iPhone he allegedly knew had been lost by an Apple engineer in a Silicon Valley bar? Was it theft for doctors to use a patient’s tissue without permission in order to harvest a valuable cell line? For an Internet activist to publish tens of thousands of State Department documents on his Web site? In this full-scale critique, Green reveals that the last major reforms in Anglophone theft law, which took place almost fifty years ago, flattened moral distinctions, so that the same punishments are now assigned to vastly different offenses. Unreflective of community attitudes toward theft, which favor gradations in blameworthiness according to what is stolen and under what circumstances, and uninfluenced by advancements in criminal law theory, theft law cries out for another reformation—and soon.

Author : Mark Pieth,Radha Ivory
Publisher : Springer Science & Business Media
Page : 396 pages
File Size : 40,6 Mb
Release : 2011-04-20
Category : Law
ISBN : 9789400706743

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Corporate Criminal Liability by Mark Pieth,Radha Ivory Pdf

With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.

Author : Andrew Halpin
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 46,7 Mb
Release : 2004-10-13
Category : Law
ISBN : 9781847310651

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Definition in the Criminal Law by Andrew Halpin Pdf

In recent years,a number of key terms of the criminal law have seemed to defy definition. Scepticism over the possibility of defining basic concepts and identifying general principles has been voiced by both judges and academic commentators. This raises broad issues of theoretical interest, but also touches on such practical concerns as the efforts made by the Law Commission to reform the law as well as wider proposals for the codification of criminal law. Furthermore, the Human Rights Act incorporates a requirement of legality under Article 7 of the ECHR, whose scope is clearly connected to our understanding of how criminal offences are defined. This book undertakes an investigation of the role and scope of definition within the criminal law, set within a wider examination of the nature of legal materials and the diversity of perspectives on law. It offers a fascinating account of how the rules and principles found within legal materials provide opportunities for responding to, rather than merely following the law. In the light of this account, the book takes issue with some of the established views on the roles of judges and academics and, in a series of case studies concerning the definition of theft and changes to the definition of recklessness recently introduced by the House of Lords in R V G , explores the intimate connection between the use of legal materials and the practice of definition. More specific objectives of the book involve providing a more rigorous assessment of the serious challenge made by a 'criticial' perpective on the criminal law; challenging the conventional intellectual apparatus of the criminal law; demonstrating how general theoretical insights on the process of definition can assist with the practical problems of defining criminal offences; clarifying the uses of definition in the work of the judiciary and law reformers; and, determining realistic expectations for the principle of legality within the criminal law.

Author : Elaine E Sutherland
Publisher : Edinburgh University Press
Page : 432 pages
File Size : 55,5 Mb
Release : 2014-05-27
Category : Law
ISBN : 9780748687664

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Law Making and the Scottish Parliament by Elaine E Sutherland Pdf

A study of legislative developments in areas of law and policy devolved to the Scottish Parliament.

Author : Shona Wilson Stark
Publisher : Bloomsbury Publishing
Page : 325 pages
File Size : 52,5 Mb
Release : 2017-07-13
Category : Law
ISBN : 9781509906925

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The Work of the British Law Commissions by Shona Wilson Stark Pdf

The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 160 pages
File Size : 52,7 Mb
Release : 2011-09-28
Category : Law
ISBN : 0118405187

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Simplification of criminal law by Great Britain: Law Commission Pdf

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 : C. R. Snyman
Publisher : Juta
Page : 202 pages
File Size : 52,6 Mb
Release : 1995
Category : Law
ISBN : STANFORD:36105062055079

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A Draft Criminal Code for South Africa by C. R. Snyman Pdf

This books serves for Criminal Law Code for South Africa attempts to formulate in an easy-to-read style those rules or principles to our common law relating to the substantive criminal law which one would normally expect to find in a criminal code.

Author : Constantine N. Nana
Publisher : Cambridge Scholars Publishing
Page : 365 pages
File Size : 53,9 Mb
Release : 2010-02-19
Category : Law
ISBN : 9781443820073

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Revisiting the Question of Imputation in Corporate Criminal Law by Constantine N. Nana Pdf

It is now trite knowledge that corporate criminal liability is laced with a large number of contradictions that seriously threaten its legitimacy. This book demonstrates that these contradictions may be avoided if courts consistently refer to an adequate mechanism of imputation. It proposes parameters for evaluating mechanisms of imputation and shows how an adequate mechanism may be determined. This distinctive book provides students and practitioners with an exposition of the current substantive and procedural corporate criminal law and considers other ways of regulating the activities of corporations than using the criminal law. It also addresses the distinction between internal knowledge and external knowledge with reference to pedigreed and non-pedigreed rules and shows how the concept of discursive dilemma may be employed to aggregate the acts and intents of agents for the purposes of imputing these acts and intents to accused corporations and holding them liable. This book is highly recommended for students of criminology, law and business. It should also be of interest to defence counsels, prosecutors and regulatory agencies that either represent and advise corporate defendants or seek to hold corporations accountable for the breach of criminal law standards.

Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 292 pages
File Size : 45,7 Mb
Release : 2007-10-10
Category : Law
ISBN : 0118404431

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Conspiracy and attempts by Great Britain: Law Commission Pdf

Conspiring to commit a crime is a criminal offence. Under the current law, when two or more persons plot a crime they can be arrested at the planning stage, regardless of whether the crime is ultimately committed. Attempting to commit a crime is also an offence, but only if the perpetrator commits an act which is a "more than merely preparatory" step towards the commission of the offence itself. This consultation paper examines these two areas of criminal law. With conspiracy, conviction is dependent on it being proved that the perpetrator actually knows that the crime will be committed. With criminal attempt the uncertain character of the law leaves too much doubt in cases where common sense suggests that the accused is guilty. The law's definition of "preparatory" has become too generous to the accused. The Commission puts forward 21 proposals for consultation (which closes on 31 January 2008). The proposals should be considered in light of the recommendations made in the Commission's 2006 report "Inchoate liability for assisting and encouraging crime" (Cm. 6878, Law Com. No. 300, ISBN 9780101687829).

Author : Matthew Dyson,James Lee,Shona Wilson Stark
Publisher : Bloomsbury Publishing
Page : 478 pages
File Size : 48,8 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781849468596

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Fifty Years of the Law Commissions by Matthew Dyson,James Lee,Shona Wilson Stark Pdf

This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.