Related Research Articles
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror of ordinary people. Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; if so, it is for one of these offences that they are usually charged.
Since 1857, a series of obscenity laws known as the Obscene Publications Acts have governed what can be published in England and Wales. The classic definition of criminal obscenity is if it "tends to deprave and corrupt," stated in 1868 by Lord Justice Cockburn, in Regina v. Hicklin, now known as the Hicklin test.
Laws prohibiting blasphemy and blasphemous libel in the United Kingdom date back to the mediaeval times as common law and in some special cases as enacted legislation. The common law offences of blasphemy and blasphemous libel were formally abolished in England and Wales in 2008 and Scotland in 2021. Equivalent laws remain in Northern Ireland.
Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians. It is a form of criminal libel.
The Obscene Publications Act 1857, also known as Lord Campbell's Act or Campbell's Act, was a piece of legislation in the United Kingdom of Great Britain and Ireland dealing with obscenity. For the first time, it made the sale of obscene material a statutory offence, giving the courts power to seize and destroy offending material. The Act superseded a 1787 Royal Proclamation by George III titled Proclamation for the Discouragement of Vice. The proclamation commanded the prosecution of those guilty of "excessive drinking, blasphemy, profane swearing and cursing, lewdness, profanation of the Lord's Day, and other dissolute, immoral, or disorderly practices". Prior to this Act, the "exposure for sale" of "obscene books and prints" had been made illegal by the Vagrancy Act 1824. but the publication of obscene material was a common law misdemeanour The effective prosecution of authors and publishers was difficult even in cases where the material was clearly intended as pornography.
The Obscene Publications Act 1959 is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955. After several failed attempts to push a bill through Parliament, a committee finally succeeded in creating a viable bill, which was introduced to Parliament by Roy Jenkins and given the Royal Assent on 29 July 1959, coming into force on 29 August 1959 as the Obscene Publications Act 1959. With the committee consisting of both censors and reformers, the actual reform of the law was limited, with several extensions to police powers included in the final version.
Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used.
Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon and where the disclosure would tend to incriminate him of that offence or another.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
Defamatory libel was originally an offence under the common law of England. It has been established in England and Wales and Northern Ireland. It was or is a form of criminal libel, a term with which it is synonymous.
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.
The Criminal Law Act 1977 (c.45) is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.
Blasphemy is not a criminal offence under Australian federal law, but the de jure situation varies at state and territory level; it is currently not enforced in any Australian jurisdiction. The offences of blasphemy and blasphemous libel in English common law were carried over to the Australian colonies and "received" into state law following Federation in 1901. The common-law offences have been abolished totally in Queensland and Western Australia, when those jurisdictions adopted criminal codes that superseded the common law. In South Australia, Victoria, and the Northern Territory the situation is ambiguous, as the local criminal codes do not mention blasphemy but also did not specifically abolish the common-law offences. In New South Wales and Tasmania, the criminal codes do include an offence of blasphemy or blasphemous libel, but the relevant sections are not enforced and generally regarded as obsolete.
At law, cheating is a specific criminal offence relating to property.
The publishing of any "blasphemous libel" was a crime in New Zealand under Section 123 of the Crimes Act 1961 which allowed for imprisonment for up to one year. However, Section 123 protected all publications and opinions on any religious subject expressed in good faith and decent language against prosecution and specified that prosecution may proceed only with the leave of the attorney-general.
The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was an Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel.
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute.
Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003:
(1) A person (A) commits an offence if—
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
Causing bodily harm by wanton or furious driving is a statutory offence in England and Wales and Northern Ireland. It has been abolished in the Republic of Ireland.
The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation.
References
- Halsbury's Laws of England, 4th Edition, 2006 reissue, vol. 11(2), para. 753 (also note 6 to para. 748)
- Archbold Criminal Pleading, Evidence and Practice (2004), para. 31-60
- ↑ R v Curl (1727) 2 Str 288, (1727) 93 ER 849; R v Wilkes (1770) 4 Burr 2527 at 2574, (1770) 98 ER 327; R v Hicklin (1868) LR 3 QB 360
- 1 2 Coroners and Justice Act 2009, section 73(c)
- ↑ William Hawkins, Treatise on Pleas of the Crown, chapter 28, section 9, 1824 edition at p.545 (from Google Books)
- ↑ R v Read, Fort 98, 92 ER 777; this decision was overruled by R v. Curl.
- ↑ Knuller (Publishing, Printing and Promotions) Ltd. v. DPP [1973] A.C. 435 at 456, 56 Cr.App.R. 633 at 637
Part of the common law series | ||
| Classes of crimes |  | |
| Inchoate offences | ||
| Defences | ||
| Offences against the person or state | ||
| Sexual offences | ||
| Criminal libel and kindred offences | ||
| Offences against property | ||
| Forgery, personation and cheating | ||
| Offences against justice | ||
| Death against family honour | ||
| Criminal behaviour |
| |
| ||
