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Prisoners Vote

Prisoners Vote Background Since 1969 no convicted prisoner in the United Kingdom has been allowed to vote. This prohibition was imposed, without debate, by the Representation of the People Act 1969. For two years before that there was no statutory bar to prisoners voting by post, albeit that there were, in many cases, administrative restrictions that prevented them from doing so. Article 3 of the First Protocol to the European Convention on Human Rights, to which the United Kingdom is party, provides that: ‘The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.’ In 2004 the Grand Chamber of the European Court of Human Rights, in the case of Hirst v United Kingdom (No 2), held that the blanket ban on prisoners voting violated Article 3 of the First Protocol. The United Kingdom was under a duty to give at least some prisoners the vote. Reaction This decision provoked what Sir Nicolas Bratza, the then President of the Court, described as a virulent attack on the judges of the Strasbourg Court. In a lecture that he delivered in 2011, (Sir Nicolas Bratza, ‘The Relationship between the UK […]

Colonial Legal System

Colonial Legal System Women in the Colonial Legal System Social necessity also gave shape to the legal position of colonial women. English society placed married women on a pedestal, but it imposed significant legal disabilities in return. The principal legal doctrine affecting women was coverture, the condition into which women passed when married. It merged two individuals into one, and the person who remained was always a man. The woman’s legal existence essentially disappeared, with her property rights passing to her husband. She could not make contracts or sue in court. The social insistence on protecting women reached extraordinary conclusions. If a woman committed a crime, the law assumed that she had done so under her husband’s coercion. As a result, husbands were tried for the crimes of their wives, even to the absurdity of whipping and fining husbands whose wives had committed adultery. Single English women enjoyed fuller rights, but they were also vulnerable to the rigors of a male-dominated society. They could own property, engage in contracts, and conduct businesses, as well as sue and be sued. Even the position of single English women during the eighteenth century became increasingly tenuous, as the rise of capitalism brought with […]

Offences

Fraud Offences: Criminal Law and Procedure Dishonesty and Related Mens Rea Concepts There is more information about this section in the entry about Dishonesty and Related Mens Rea Concepts in this legal Encyclopedia. Fraud Act 2005 There is more information about this section in the entry about Fraud Act 2005 in this legal Encyclopedia. Offences Under the Theft Acts 1968, 1978, 1996 There is more information about this section in the entry about Offences Under the Theft Acts 1968, 1978, 1996 in this legal Encyclopedia. Offences Under the Companies Act There is more information about this section in the entry about Offences Under the Companies Act in this legal Encyclopedia. Insider Dealing and Market Abuse There is more information about this section in the entry about Insider Dealing and Market Abuse in this legal Encyclopedia. The Cartel Offence and Related Offences in Competition Law There is more information about this section in the entry about The Cartel Offence and Related Offences in Competition Law in this legal Encyclopedia. Conspiracy to Defraud There is more information about this section in the entry about Conspiracy to Defraud in this legal Encyclopedia. Corruption There is more information about this section in the entry […]

Pre-Trial

Pre-Trial Fraud and the Pre-Trial Procedure Charging Process There is more information about this section in the entry about Charging Process in this legal Encyclopedia. Transfers There is more information about this section in the entry about Transfers in this legal Encyclopedia. Pre-Trial Hearings There is more information about this section in the entry about Pre-Trial Hearings in this legal Encyclopedia. Preliminary Appeals and Reviews There is more information about this section in the entry about Preliminary Appeals and Reviews in this legal Encyclopedia. Disclosure in Fraud Cases Tried on Indictment There is more information about this section in the entry about Disclosure in Fraud Cases Tried on Indictment in this legal Encyclopedia. Funding There is more information about this section in the entry about Funding in this legal Encyclopedia. Resources See Also Fraud Investigation Criminal Litigation Theft Trial Floating trial Crimes Fraud Evidence Indictment Abuse of Process

Fraud Investigation

Fraud Investigation Fraud Investigations by the Serious and Organised Crime Agency There is more information about this section in the entry about Fraud Investigations by the Serious and Organised Crime Agency in this legal Encyclopedia. Serious Fraud Offices Investigations and Prosecutions There is more information about this section in the entry about Serious Fraud Offices Investigations and Prosecutions in this legal Encyclopedia. FSA Investigations There is more information about this section in the entry about FSA Investigations in this legal Encyclopedia. Competition Law Investigations There is more information about this section in the entry about Competition Law Investigations in this legal Encyclopedia. Investigations of Companies under Part XIV of the Companies Act 1985 There is more information about this section in the entry about Investigations of Companies under Part XIV of the Companies Act 1985 in this legal Encyclopedia. Insolvency Investigations There is more information about this section in the entry about Insolvency Investigations in this legal Encyclopedia. Mutual Legal Assistance in Cases of Fraud There is more information about this section in the entry about Mutual Legal Assistance in Cases of Fraud in this legal Encyclopedia. Resources See Also Fraud Extradition Theft Crimes National Crime Agency Sexual Offences Evidence […]

Financial Ombudsman Service

Financial Ombudsman Service Online Dispute Resolution in the Financial Ombudsman Service The UK Financial Ombudsman Service was established by statute in 2000 as the mandatory ADR body in the financial services sector. Its function is to resolve disputes between consumers and UK-based financial businesses quickly and with minimum formality. Its casework process is designed around the principle that a dispute is usually best resolved at the earliest possible stage and that most problems can be resolved without needing a formal determination by an ombudsman. Businesses covered by the ombudsman have the opportunity to resolve disputes before the service becomes involved, but they must resolve complaints promptly – and always in fewer than eight weeks. Once a complaint is referred to the service, its process is geared towards early and informal resolution. Its case-handlers (‘adjudicators’) attempt to facilitate an amicable resolution to the dispute between the two parties, usually resulting in adjudicators writing to parties with their view on what the fair and reasonable outcome should be. If both parties agree (which typically happens in around 90% of cases), the dispute is resolved. But either party may disagree and ask for the case to be referred to an ombudsman for final, […]

HM Courts and Tribunals Service

HM Courts and Tribunals Service HM Courts & Tribunals Service was created in 2011 as an executive agency of the Ministry of Justice (MoJ). The Ministry of Justice is one of the largest government departments bringing together areas responsible for the administration of the courts, tribunals, legal aid, sentencing policy, prisons, the management of offenders and matters concerning laws and rights. The Agency operates as a partnership between the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals. The creation of HM Courts and Tribunals Service was from the old services of the Tribunals Service and HM Courts Service. HM Courts & Tribunals Service provides the system of support, including infrastructure and resources, for the administration of the business of the courts in England and Wales and those tribunals throughout the United Kingdom, for which the Lord Chancellor is responsible. The agency provides the support necessary to enable the judiciary, tribunal members and magistracy to exercise their judicial functions independently. The HM Courts and Tribunals Service works with an independent judiciary to provide a fair, efficient and effective justice system. Staff The Chief Executive is responsible for the day-to-day operations and administration of the HM Courts and Tribunals Service and for the leadership of its staff. […]

Ministerial Departments

Ministerial Departments Attorney General’s Office: Works with 4 agencies and public bodies: the Crown Prosecution Service, the Government Legal Department, the Serious Fraud Office and the HM Crown Prosecution Service Inspectorate Cabinet Office: Works with 21 agencies and public bodies Department for Business, Innovation and Skills BIS: Works with 50 agencies and public bodies Department for Communities and Local Government: Works with 9 agencies and public bodies Department for Culture, Media and Sport: Works with 41 agencies and public bodies Department for Education: Works with 9 agencies and public bodies Department for Environment, Food and Rural Affairs: Works with 35 agencies and public bodies Department for International Development: Works with 2 agencies and public bodies: the Commonwealth Scholarship Commission in the UK and the Independent Commission for Aid Impact Department for Transport: Works with 19 agencies and public bodies Department for Work and Pensions: Works with 13 agencies and public bodies Department of Energy and Climate Change: Works with 9 agencies and public bodies Department of Health: Works with 26 agencies and public bodies Foreign and Commonwealth Office: Works with 11 agencies and public bodies HM Treasury: Works with 9 agencies and public bodies Home Office:Works with 29 agencies and publi c bodies Ministry of Defence: Works with 30 agencies […]

Incorporated Council of Law Reporting

Incorporated Council of Law Reporting (ICLR) The ICLR was founded (as the Council for Law Reporting) in 1865 specifically to address the need for consistent and reliable coverage of those decisions that demonstrated not only the activity of justice but also the development of the common law. In its marketing material, the Incorporated Council of Law Reporting recently described itself as the “Hansard of the courts”, in the sense of providing a permanent record of their deliberations. However, while the Law Reports as a series, almost uniquely, includes an account of oral hearings as well as of the judgments eventually given, they cannot be regarded as offering anything like a comprehensive account of all litigation. With the resources available, that would have been impossible. Moreover, printed reports cost money to produce and while the cost of subscriptions has, under the ICLR’s not-for-profit mission, always been kept as low as remains consistent with the costs of their preparation, it is not nothing. The Incorporated Council of Law Reporting does, however, provide free online summaries of the most important cases; something none of its commercial rivals is prepared to do. Since the Incorporated Council of Law Reporting was not under a duty […]

Prostitution

Prostitution This entry explores issues relating to prostitution policy and the commodification of sex, which, given recent Government reviews and consultations, is very much an issue exercising the public agenda at present. Typically, most discourse is driven by sociological perspectives. Complex social issues like prostitution demand a truly interdisciplinary analysis. Sex as a commodity inevitably divides opinion on moral, religious, political and even feminist grounds, like no other. And in respect of criminalisation who should be culpable? The purchaser or the seller? Many of the authors challenge current thinking about sex as a ‘consumer activity’ and the universal ‘victimisation’ of sex workers. No doubt some of the contentious assertions made may find less favour with officialdom, but when similar messages echo across a range of subject boundaries and are supported by original empirical research, then perhaps those in authority can be persuaded to at least consider alternative perspectives. There is recent government initiatives to reduce supply and demand by punishing those who seek to purchase sex while simultaneously facilitating ‘exit’ strategies for the women involved. The perennial impasse of whether ‘the oldest profession’ is an unacceptable, immoral and continuing patriarchal social practice that should be eradicated through criminalization; or a […]

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