An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.
Precognition in Scots law is the practice of precognoscing a witness, that is the taking of a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former police officers.
Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11.
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and several other peripheral statutes.
The Scheduled Castes and the Scheduled Tribes Act, 1989 was enacted by the Parliament of India to prevent atrocities and hate crimes against the scheduled castes and scheduled tribes. In popular usage, including in parliamentary debates and in the judgements of the Supreme Court of India, it is referred to as the SC/ST Act. It is also referred to as the 'Atrocities Act', POA, and PoA.
Sister Abhaya, a Knanaya Catholic sister, was found dead in a well filled with water in St Pius X Convent in Kottayam on March 27, 1992. Investigation into this death is by far the longest running murder investigation in the State of Kerala.
The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more criminal offences and consequently thus potentially being subject to criminal proceedings.
The National Investigation Agency (NIA) is a specialised counter-terrorism law enforcement agency in India. The agency is empowered to deal with the investigation of terror related crimes across states without special permission from the states under written proclamation from the Ministry of Home Affairs. The primary mandate of the National Investigation Agency is to investigate and prosecute offences that have national and cross-border implications, specifically focusing on terrorism, insurgency, and other related matters. It is empowered to investigate cases that involve threats to the sovereignty, security, and integrity of India. It has the authority to conduct searches, make seizures and arrests, as well as to collect evidence and maintain a database of terrorist organisations and their members.
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
The Maharashtra Control of Organised Crime Act, 1999 is a law enacted by the state of Maharashtra in India in 1999 to combat organised crime and terrorism. Known as "MCOCA", the Act provides the State Government with special powers to tackle these issues, including powers of surveillance, relaxed evidentiary standards and procedural safeguards, and prescribing additional criminal penalties, including the death penalty. The law was introduced by a coalition government of the Bharatiya Janata Party and Shiv Sena.
The 2G spectrum case was a political controversy in which politicians and private officials of the United Progressive Alliance (UPA) coalition government India were allegedly involved in selling or allotting 122 2G spectrum licenses on conditions that provided an advantage to specific telecom operators. A. Raja, then Telecom Minister, was accused of selling 2G spectrum licenses at a very low cost which resulted in the loss of ₹1,760 billion in government revenue. Raja was also accused of not following rules and regulations as well as not recognizing any advice from the Ministries of Finance and Law and Justice of India while allotting 2G spectrum licenses to telecom operators. Series of allegations were made on allotting 2G spectrum licenses including allegations from Central Bureau of Investigation after investigating the case alleging Raja for intentionally advancing the cut-off date to favour some specific firms, which were allegedly ineligible for applying for telecom licenses, in return for bribes.
The importance of corroboration is unique to Scots criminal law. A long-standing feature of Scots law, the requirement for corroborating evidence means at least two independent sources of evidence are required in support of each crucial fact before an accused can be convicted of a crime. This means, for example, that an admission of guilt by the accused is insufficient evidence to convict in Scotland, because that evidence needs to be corroborated by another source.
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.
S v Acheson is an important case in Namibian and South African law, especially in the area of criminal procedure. It was heard in the Namibia High Court from 18 to 20 April 1990, by Mahomed AJ, who handed down judgment on 23 April 1990. T. Grobbelaar SC appeared for the accused, and H. Heyman for the State.
The Criminal Procedure Code, are Malaysian laws which enacted relating to criminal procedure.
The Kathua rape case involved the abduction, gang rape, and murder of an 8-year-old Muslim girl, Asifa Bano, by seven Hindu males in January 2018 in the Rasana village near Kathua in Jammu and Kashmir, India. A chargesheet for the case was filed, the accused were arrested and the trial began in Kathua on 16 April 2018. The victim belonged to the nomadic Bakarwal community, and the crime was a bid to terrorise the group off Jammu. She disappeared for a week before her body was discovered by the villagers a kilometer away from the village. The incident made national news when charges were filed against eight men in April 2018. The arrests of the accused led to protests by the Panthers Party and other local groups, who sought justice for the victim. The gang rape and murder, as well as the support the accused received especially from local officials of the Bharatiya Janata party, sparked widespread outrage in India and world-wide.
