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Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable presumptions. A rebuttable presumption will either shift the burden of production or the burden of proof ; in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies.
In English criminal law, public nuisance is a act, condition or thing that is illegal because it interferes with the rights of the general public.
Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.
Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.
Murder is an offence under the common law legal system of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to unlawfully cause either death or serious injury. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker, chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threats of another. The doctrine arises not only in criminal law but also in civil law, where it is relevant to contract law and trusts law.
Obtaining pecuniary advantage by deception was formerly a statutory offence in England and Wales and Northern Ireland. It was replaced with the more general offence of fraud by the Fraud Act 2006. The offence still subsists in certain other common law jurisdictions which have copied the English criminal model.
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 Interpretation Act 1978 is an act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents", Acts of the Scottish Parliament and instruments made thereunder, and Measures and Acts of the National Assembly for Wales and instruments made thereunder. The Act makes provision in relation to: the construction of certain words and phrases, words of enactment, amendment or repeal of Acts in the Session they were passed, judicial notice, commencement, statutory powers and duties, the effect of repeals, and duplicated offences.
Marital coercion was a defence to most crimes under English criminal law and under the criminal law of Northern Ireland. It is similar to duress. It was abolished in England and Wales by section 177 of the Anti-social Behaviour, Crime and Policing Act 2014, which came into force on 13 May 2014. The abolition does not apply in relation to offences committed before that date.
The publication of an obscene libel was an offence under the common law of England. Prior to the abolition by section 1 of the Criminal Law Act 1967 of the distinction between felony and misdemeanour, it was regarded as a misdemeanour. It has been abolished in England and Wales and Northern Ireland.
Intention to create legal relations, otherwise an "intention to be legally bound", is a doctrine used in contract law, particularly English contract law and related common law jurisdictions.
John Frederick Archbold (1785–1870) was a barrister and legal writer. He was the first editor of the English criminal law textbook Archbold Criminal Pleading, Evidence and Practice, which is still routinely used in court today.
Cox's Criminal Cases are a series of law reports of cases decided from 1843 to 26 June 1941.
The expression sexual intercourse has been used as a legal term of art in England and Wales. From its enactment to its repeal on the 1 May 2004, section 44 of the Sexual Offences Act 1956 read:
Where, on the trial of any offence under this Act, it is necessary to prove sexual intercourse, it shall not be necessary to prove the completion of the intercourse by the emission of seed, but the intercourse shall be deemed complete upon proof of penetration only
Collins v Wilcock is an appellate case decided in 1984 by a divisional court of the Queen's Bench Division of the High Court of England and Wales. It is concerned with trespass to the person focusing on battery.
The Court of Pleas of the County Palatine of Durham and Sadberge, sometimes called the Court of Pleas or Common Pleas of or at Durham was a court of common pleas that exercised jurisdiction within the County Palatine of Durham until its jurisdiction was transferred to the High Court by the Supreme Court of Judicature Act 1873. Before the transfer of its jurisdiction, this tribunal was next in importance to the Chancery of Durham. The Court of Pleas probably developed from the free court of the Bishop of Durham. The Court of Pleas was clearly visible as a distinct court, separate from the Chancery, in the thirteenth century.
References
- ↑ For this name, see Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. p. 86
- ↑ Archbold Criminal Pleading, Evidence and Practice, 1999, para 10-5 at p. 1130
- ↑ For this version, see Archbold Criminal Pleading, Evidence and Practice, 1999, para 10-5 at p. 1130
- ↑ For this version, see Simon Cooper, Peter Murphy, & John Beaumont, Cases & Materials on Evidence, 4th edn (Oxford: Oxford University Press, 1994), 86.
- ↑ For this version, see Archbold Criminal Pleading, Evidence and Practice, 1999, para 10-5 at p. 1130
- ↑ Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. p. 86
- ↑ Archbold Criminal Pleading, Evidence and Practice, 1999, para 10-5 at p. 1130
- ↑ Archbold Criminal Pleading, Evidence and Practice, 1999, p. 1130, see heading "B" to paras. 10-4 and 10-5
- ↑ Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. pp. 86 and 91
- ↑ Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. pp. 86 and 90