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51-753: The Serious Crime Act 2007 (c. 27) is an Act of the Parliament of the United Kingdom that makes several radical changes to English criminal law . In particular, it creates a new scheme of serious crime prevention orders to frustrate crime in England and Wales and in Northern Ireland , replaces the common law crime of incitement with a statutory offence of encouraging or assisting crime , makes provision as to disclosure and information sharing in order to prevent fraud , and abolishes

102-439: A trial . A sentence may consist of imprisonment , a fine , or other sanctions. Sentences for multiple crimes may be a concurrent sentence , where sentences of imprisonment are all served together at the same time, or a consecutive sentence , in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate , which allows an inmate to be free for about 8 hours

153-473: A corporation (ss. 27–29). A person has been involved in serious crime if he has (s. 2): An order imposed on an individual, including a partner , can include requirements as to, but not limited to (s.5(3)): An order imposed on a body corporate , partnership or unincorporated association can include requirements as to, but not limited to (s.5(4)): An individual or organisation can be required to answer questions, or provide information or documents, at

204-465: A crime. Therefore, a variant of the section 45 offense with recklessness as its mental element would also allow for fair labeling and proportionate punishment." See Dennis J. Baker, "Conceptualizing Inchoate Complicity: The Normative and Doctrinal Case for Lessor Offenses as an Alternative to Complicity Liability," (2016) Southern California Interdisciplinary Law Journal, Vol. 25, No. 1.Available at SSRN: http://ssrn.com/abstract=2687398 Section 46 creates

255-401: A day for work purposes; determinate , which is fixed on a number of days, months, or years; and indeterminate or bifurcated , which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole , supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then

306-551: A defined Code of Practice (s.71). It is a crime for a person to make further unauthorised disclosure of such information (s.69). On summary conviction, an offender can be sentenced to up to 12 months' imprisonment and a fine of up to level 5 on the standard scale . On indictment in the Crown Court, an offender can be sentenced to up to two years' imprisonment and an unlimited fine (s.70). Section 73 and Schedule 7 authorise certain bodies to conduct data matching exercises for

357-464: A definitive sentence can be annulled in exceptional circumstances, usually predetermined within the jurisdiction in question. Most such cases arise from irregularities found in the judicial process after sentence has been passed. The most extreme examples arise in criminal cases , when conclusive proof of innocence comes to light after sentence has been passed, leading to the sentence's annulment. In most jurisdictions, under double jeopardy legislation,

408-401: A number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to the original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to

459-466: A private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all

510-526: A specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in the United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through

561-475: A time, within a period or at a frequency, and place, in a manner and form specified to a law enforcement officer](s.5(5)). A person cannot be ordered to give oral information (s.11) nor information in breach of legal professional privilege (s.12). In England and Wales, a serious offence is one of those specified in Part 1 of Schedule 1, or one which "the court considers to be sufficiently serious to be treated for

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612-486: Is a new kind of civil injunction , breach of which is a crime, punishable on summary conviction in a magistrates' court by up to six months' imprisonment and a fine of up to level 5 on the standard scale . If convicted on indictment in the Crown Court , a person can be imprisoned for up to five years and given an unlimited fine (s. 25). The court also has powers of forfeiture (s. 26) and liquidation of

663-500: Is also a route of appeal from the Crown Court or High Court to the Court of Appeal by any party involved (ss.23-24). A law enforcement agency may appoint authorised monitors to supervise compliance with the order and the court may order that the subject of an order pay the costs of the monitoring (ss.39-40). Part 2 of the Act came into force on 1 October 2008. Section 59 abolishes

714-508: Is on the defendant on the balance of probabilities . Where an offence exists to protect a certain class of persons, such a person does not commit an offence under ss.44-46 if the anticipated offence would have been committed against him (s.51). These provisions began to come into force as of 1 March 2008 and affect various parts of the United Kingdom (s.93). Section 68 authorises the disclosure by public bodies of information for

765-611: Is on the person applying for the order on the balance of probabilities (ss. 35–36). Orders can only be imposed on individuals aged 18 or over (s.6) and only at the instigation of the Director of Public Prosecutions , Director of Revenue and Customs Prosecutions , Director of the Serious Fraud Office , or Director of Public Prosecutions for Northern Ireland (s.8). Orders must be of specified duration, not exceeding five years (s.14) A serious crime prevention order

816-609: Is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in the House of Commons, or S- if they originate in

867-444: Is submitted that section 45 of the Act of 2007 should be supplemented with a section 45A offense criminalizing reckless (inchoate) participation. Section 45 is an independent offense that criminalizes personal wrongdoing and as it is not a form of derivative liability, but rather personal liability, it allows for fair labeling and proportionate punishment for the independent wrong involved in encouraging and assisting another to perpetrate

918-668: The Assets Recovery Agency creating a new regime for the recovery of the proceeds of crime . These provisions came into force on 6 April 2008. Section 1 allows the High Court of Justice in England and Wales, and the High Court in Northern Ireland to make serious crime prevention orders containing prohibitions, restrictions, requirements and other terms where: The burden of proof of these issues

969-600: The Sewel convention which demands the consent of the Scottish Parliament for Westminster to legislate on devolved issues. Such consent was granted. Act of Parliament A draft act of parliament is known as a bill . In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by

1020-399: The common law offence of incitement in England and Wales, and Northern Ireland, and replaces it with three new offences: Section 44 creates the crime of: A person is not taken to have intended to encourage or assist an offence merely because such encouragement or assistance was a foreseeable consequence of his act. The offence is triable in the same manner, summarily or on indictment, as

1071-670: The Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to

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1122-573: The Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. Sentence (law) In criminal law , a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure , normally at the conclusion of

1173-589: The Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In the Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In

1224-412: The amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading,

1275-439: The anticipated offence (s.55(1)) and, on conviction, a person can be sentenced to the same penalty as applies to the anticipated offence (s.58). Section 45 creates the crime of: The offence is triable in the same manner, summarily or on indictment, as the anticipated offence (s.55(1)) and, on conviction, a person can be sentenced to the same penalty as applies to the anticipated offence (s.58). Professor Dennis J. Baker provides

1326-455: The blame for excessive punishments would fall upon prosecutors. Sentencing law sometimes includes cliffs that result in much stiffer penalties when certain facts apply. For instance, an armed career criminal or habitual offender law may subject a defendant to a significant increase in their sentence if they commit a third offence of a certain kind. This makes it difficult for fine gradations in punishments to be achieved. The earliest use of

1377-423: The calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example the 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be

1428-422: The crime of: The offence is triable on indictment (s.55(2)) and, on conviction, a person can be sentenced to the maximum penalty of those applying to the anticipated offences (s.58). It is a defence that a person acted reasonably , based on his knowledge or belief, considering the seriousness of the anticipated offence and the purpose and authority with which he acted (s.50). The burden of proof of such facts

1479-408: The definitive sentence is unique, in the sense that (except for appeal hearings) no individual can be judged or sentenced more than once for the same actions. In many jurisdictions, sentences are a source of law , in that they represent an authoritative interpretation of the law in concrete cases. The sentence is typically determined by a judge and/or jury, and is issued in the name or on behalf of

1530-475: The following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by the Parliament of England did not originally have titles, and could only be formally cited by reference to

1581-534: The government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into

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1632-489: The hearing or served with notice (s.10). Third parties may make representations to the hearing if they would be affected by the order (s.9). In England and Wales, where a person is convicted of a serious offence in the Crown Court, or committed for sentencing from the Magistrates' Court, the Crown Court can make an order (s.19). The courts have wide powers to vary or discharge orders (ss.18-19, 20–22) and there

1683-409: The highest penalties that may be imposed for certain offenses, and sentencing guidelines often mandate the minimum and maximum imprisonment terms to imposed upon an offender, which is then left to the discretion of the trial court. However, in some jurisdictions, prosecutors have great influence over the punishments actually handed down, by virtue of their discretion to decide what offenses to charge

1734-606: The law of complicity. I also examine the conduct element for these offenses to determine whether it is apt for catching the sort of reckless encouragement that is often present in the joint enterprise (common purpose) complicity cases and conclude that it is. The main shortfall of the offenses found in the Serious Crime Act 2007 is that they do not cover reckless participation. I conclude that section 44 covers only intentional (inchoate) participation and that section 45 covers only oblique intentional (inchoate) participation. It

1785-535: The legal system regards as the purpose of punishment. The most common purposes of sentencing are: The individual is deterred through fear of further punishment. The general public are warned of likely punishment. In England and Wales, section 142 of the Criminal Justice Act 2003 has specified that in cases involving those over 18, courts should have regard to punishment of the offenders retribution, deterrence, reform and rehabilitation, protection of

1836-598: The most detailed analysis of these provisions. See Dennis J. Baker, Glanville Williams: Textbook of Criminal Law, (London: Sweet & Maxwell, 2015) at Chapter 20. In a recent article, Baker "tries to identify the limits of derivative liability and its alternatives. In this article, I provide a doctrinal and theoretical analysis of the new independent direct liability offenses found in section 44-46 of Britain’s Serious Crime Act 2007 to highlight how independent offenses punishing acts of assistance and encouragement are fairer than making accessories and perpetrators equally liable under

1887-559: The motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that the clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it

1938-411: The offender with and what facts they will seek to prove or to ask the defendant to stipulate to in a plea agreement . It has been argued that legislators have an incentive to enact tougher sentences than even they would like to see applied to the typical defendant since they recognize that the blame for an inadequate sentencing range to handle a particularly egregious crime would fall upon legislators, but

1989-426: The parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since the mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to

2040-411: The public, and reparation to persons affected by their offences. Usually, the sentence comes at the end of a process in which the presiding judge or judges have been enabled to evaluate whether the conduct in question complies or does not comply with the law , and which aspects might be breaches of which specific legislation. Depending on jurisdiction, the stages leading up to the sentence may vary, and

2091-535: The purpose of preventing or detecting fraud. Data matching is described in the Act as any "exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends)". The authorised bodies are: These provisions put on a statutory basis the National Fraud Initiative that has been operated for some years by the same authorised bodies and by Audit Scotland . As of 1 March 2008,

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2142-591: The purposes of preventing fraud to any anti-fraud organisation , defined as "any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes". Such disclosure must not contravene the Data Protection Act 1998 or the Regulation of Investigatory Powers Act 2000 and must be subject to

2193-411: The purposes of the application or matter as if it were so specified." A similar definition exists for Northern Ireland (Sch.2/ Pt. 2). For crimes committed abroad, the test is whether they would be crimes in England and Wales, or Northern Ireland, or whether they are serious enough to be so treated (s.2). Serious offences include (Sch. 1): For an order to be valid, the subject must be represented at

2244-477: The same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by the head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e.,

2295-410: The sentence is mainly the final act of any procedure in which a judge or body of judges is called upon to express their evaluation. It can therefore be issued in practically any field of law requiring a function of evaluation of something by a judge or judging body. Sentences are variously classified depending on The sentence meted out depends on the philosophical principle used by the court and what

2346-434: The sentence is said to have been mitigated or commuted. Rarely, depending on circumstances, murder charges are mitigated and reduced to manslaughter charges. However, in certain legal systems, a defendant may be punished beyond the terms of the sentence, through phenomena including social stigma , loss of governmental benefits, or collectively, the collateral consequences of criminal charges . Statutes generally specify

2397-411: The sentence may be challenged by both parties up to a given degree of appeal . If appealed against, the sentence issued by the highest appellate court to which the case is admitted becomes the definitive sentence. The sentence usually has to be publicly announced; and, in most jurisdictions, has to be justified through an explanation of the juridical reflections and evaluations that lie behind it. Even

2448-477: The sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which the relevant parliamentary session met. This has been replaced in most territories by simple reference to

2499-492: The term with this meaning was in Roman law , where it indicated the opinion of a jurist on a given question, expressed in written or in oral responsa . It might also refer to the opinion of senators that was translated into the senatus consultus . Finally, it might also refer to the decision of the bench in both civil and penal trials, as well as the decision of the arbiters in arbitration . In modern Latin systems,

2550-992: The transfer of the Director and staff of the Assets Recovery Agency , its property, rights and liabilities to the Serious Organised Crime Agency and the National Policing Improvement Agency started in anticipation of the Agency's abolition (s.74/ Schs.8-9). The Agency ceased to exist on 1 April 2008. Sections 75 to 81 make various amendments to the Proceeds of Crime Act 2002 . The provisions largely apply to England and Wales, and Northern Ireland but some provisions, as to disclosure and sharing of information and proceeds of crime, apply in Scotland . These provisions fall under

2601-621: The whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to the law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through

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