The Cybercrime Act 2001 (QLD) was introduced into Australian Parliament as a result of terrorist attacks that occurred on 11 September. However, there are concerns in regards to the breadth of investigative powers stipulated in the act.
The inevitable development of technology has raised questions regarding the ethical and moral issues in regards to its utilisation. One of the consequences of massive growth within the media for past decades, most particularly the internet, is that information, ideas and images are more freely available now than they have ever been. In addition to the rapid progression of technology, criminal organisations are also embracing the developments in order to facilitate criminal acts. Cybercrimes has been defined as offences that are committed against groups or individuals with the intention to harm their reputation and physical or mental state directly or indirectly using telecommunication networks. The absence of a nationally accepted and comprehensive framework impedes any efforts to accurately report, identify and monitor trends within cybercrime. Before jurisdiction comes into play, difficulties arise in discovering the location and identifying the criminal before authorities can think about making arrests. Cybercrime laws also differ from state to state. An act that’s illegal in one location may be completely legal in another. This further complicates the situation if the perpetrator is in a location where the act he/she is committing isn’t even against the law. Effective law enforcement is clearly complicated by the transnational nature of telecommunication networks.
Delegated Legislation. Outline what is meant by statutory instruments and bylaws
Shakti Choudhry Outline what is meant by statutory instruments and bylaws There are about 3,000 statutory instruments each year. These laws are made by government ministers who have been given this power by Parliament in a Parent Act. They are used to provide detailed laws. An example of this is the Education Reform Act (1988); parliament had introduced major reforms to the education system. The secretary of state for education was given powers to decide what should be taught in each subject at each key stage. After consulting with various bodies he then made decisions, which then became law. Statutory instruments are also used to update laws; an example of this is the National Minimum Wage (1998). Every year the National Minimum Wage increases. This is done by a government minister using a statutory instrument. They are also used to allow experts to make laws. An example is that Section 17 of the Road Traffic Act (1998) said that the secretary of state may make regulations regarding headwear for motorcyclists. It gave the Minister of Transport power to decide the types of helmets; he was only able to do this after consulting manufacturing experts and road safety experts. The minister of Transport then introduced compulsory helmets for all motorcyclists. Bylaws are another type of delegated legislation. Here authority is given to local authorities or to public
The offence of burglary has been defined by parliament. However, it has been left to decisions of the courts to clarify most of the key ingredients of the offence.
Burglary ‘The offence of burglary has been defined by parliament. However, it has been left to decisions of the courts to clarify most of the key ingredients of the offence.’ Burglary is an offence under s9 of the Theft Act which provides two different ways in which it can be committed. According to s.9(1) (a), person is guilty of burglary if he enters a building or part of a building as a trespasser with intent to steal, inflict GBH and do unlawful damage. In s.9 (1) (b), having entered a building or part of a building as trespasser, he steals or attempts to steal or inflicts or attempts to inflict GBH. The way of committing burglary as s.9(1) (a) is at the time of entering, however in s.9 (1) (b) there is no need to prove that D’s intention was at the time of entry but must be shown once in the building thereby catching a thief who has already trespassed within the building. Also unlawful damage should be included in both sections of (a) and (b). The actus reus is required for s.9 (1) (a) and s.9 (2) of the Theft Act 1968. The actus reus involves entry of a building or part of a building as a trespasser. Entry was defined in Collins (1973) as effective and substantial, where the defendant had the intention to rape. The question is the extent to which the defendant has entered the building, how much of the body inside the building does it make it substantial or how
Should Conventions Be Made Law in the UK?
Conventions, in their own right, have a significant place in the constitution of the United Kingdom; despite being separate from the law and possessing only non-legal power, they allow a vast degree of control over the administrative responsibilities of the government. The degree to which the spirit of conventions can be enforced has always been a question of debate, as has the exact nature of that spirit. In their unwritten and uncodified form, conventions leave a great deal to be decided by contemporary views and the opinions of those in Parliament, which allows them to be both dynamic and reflective of current times. The questions remains, however, of whether this set of social rules ought to be provided the force of law, and by doing so, adopting them, with a certain degree of permanency, into the constitution of the United Kingdom. To determine whether conventions should be made into law (in their entirety or otherwise) we have to consider what conventions are, how they are different from laws, what it means to provide them legal force, and why, up until now, they have remained largely uncodified. According to A.V. Dicey, conventions are a collection of understandings and practices that control the conduct of members of the sovereign power, but which are not laws since they cannot be enforced by the courts. The evolution of constitution, over hundreds of years, has
![Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18 marks]](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/1207261/listing/1207261_1.jpg)
Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18 marks]
Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18] Under s.4 Bail Act 1976, there is a presumption that D is entitled to remain at liberty until the next stage in the process. In accordance with the idea that D is innocent until proven guilty, it is assumed that D will be granted bail and will appear at the next stage. Both the police and the courts can grant bail. The most common type of bail is unconditional, whereby D is released on their own recognisance under the belief that they will surrender at the next stage in the process at the Magistrates Court. If D fails to appear at the Magistrates Court, the police can arrest D with a bench warrant handed down from the Magistrates Court. This type of bail means that the good behaviour of D is trusted upon. This tends to mostly happen because the majority of crimes are summary offences and are unlikely to ultimately carry a custodial sentence, and so there is no justification to remand D and infringe their liberty. Under s.38 Police and Criminal Evidence Act 1984 (PACE) as amended by the Criminal Justice and Public Order Act 1994 (CJPOA), the custody officer can also release D on police bail pending further enquiries. This means that D must surrender at the next stage which is to appear at the police station at a specified time in the future. If the custody officer refuses
The approach of the courts to sentencing is far too slack. Discuss how far this statement reflects your attitude to the law and the role of the courts.
“The approach of the courts to sentencing is far too slack.” Discuss how far this statement reflects your attitude to the law and the role of the courts. It is necessary to ascertain what exactly being ‘too slack’ involves when it regards the courts which are intended to deliver justice to the victims of crimes. If a sentence is ‘too slack’ this suggests that insufficient reparation in some form is available to the victim, and that the offender receives an unduly lenient sentence. Generally, it is the media which create the perception that sentencing is too lax and lenient – this is often because it is only unfairly lenient cases which make the headlines. Publicising the outcomes of criminal cases can serve to reassure the public and increase their confidence in the criminal justice system, but it can also have the opposite effect. Public perception can be manipulated by the media into believing shock headlines, and often newspapers will carefully select which information they choose to sensationalise. It is essential to remember that both judges and courts follow strict guidelines regarding sentencing – what seems like the first exceptions will always make headlines and feed the public that negative perception. Each individual judge may differ in how they approach the law – for example: possessing a strict interpretation and giving a longer sentence, or
![Describe the use of the Practice Statement using the sources and other cases. [15 marks]](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/1207263/listing/1207263_1.jpg)
Describe the use of the Practice Statement using the sources and other cases. [15 marks]
Describe the use of the Practice Statement using the sources and other cases. [15] The Practice Statement was issued by the Lord Chancellor in 1966 and allowed the House of Lords (and now the Supreme Court) to deviate from its previous decisions to permit for the development of the law in line with social changes. It gave them a discretionary power to overrule themselves where it appears right to do so, with especial need for certainty in the criminal law (as confirmed by Source A lines 8-9). However, the courts do not use it very often and generally consider themselves bound to their own precedent. The House of Lords initially preferred not to use the Practice Statement, as seen in Knuller V DPP in refusing to overrule Shaw V DPP. Whilst they acknowledged that in the earlier case they had made a genuine mistake in misinterpreting the law in effectively assuming that conspiracy to corrupt public morals was an offence, they refused to overrule the case. They did so on the basis that they had an interest in certainty, and everybody now knew their decision and believed it was an offence. The Practice Statement was used for the first time in a minor evidential charge in the case of Conway V Rimmer (1968). It decided that if the Home Secretary wanted to claim public interest immunity, they must give a reason why. The use of the Practice Statement in this case was not intended
Contract Law Legal Briefing on Lucy v. Zehmer Supreme Court of Appeals of Virginia (196. Va. 493, 84 S.E.2d 516 (1954)
Ti’Isha Edwards Business 10 Sec ON3 (21116) Briefing on Lucy v. Zehmer Lucy v. Zehmer Supreme Court of Appeals of Virginia (196. Va. 493, 84 S.E.2d 516 (1954) BUCHANAN, J. (Justice) Plaintiff: W.O. Lucy (and wife) Defendants: A.H. and Ida Zehmer Facts One night, Lucy stopped in to visit Zehmer at Zehmer’s place of business. Lucy has known Zehmer for close to twenty years; Lucy has also made offers to buy Zehmer’s Ferguson Farm for $50,000 for eight years out of the twenty years of knowing Zehmer. During Lucy and Zehmer’s visit, both parties were engaging in drinking while conversing about Lucy’s interest in purchasing Ferguson Farm for $50,000 among other topics. While having drinks, Lucy persuaded Zehmer to write up a contract for the sale of Ferguson Farm to Lucy for $50,000. Zehmer wrote up a contract for thus sale of land to Lucy for $50,000 complete. Lucy brought suit for specific performance when Zehmer refused to complete the transaction. The trial court ruled for Zehmer holding that Lucy had not established a right to specific performance. Lucy filed an appeal. Issue Will the Supreme Court of Appeals of Virginia considers whether the lower court’s decision to deem the contract unenforceable due to Zehmer’s intoxication (a condition in which a person’s normal capacity to act or think is inhibited by alcohol or some other drug).
Describe the sources of law in the UK
Answer 2 Like everything, law is derived from somewhere. There are 5 sources of law. Common Law was introduced in the year 1066 by William the Conqueror. Before the year 1066, only localised laws existed. In 1285, the statute of Westminster was established. It was the first act of parliament. 865 saw the development of Case law. Case law is based on ‘precedent’ and known as ‘Judge made law’. ‘European communities act 1972’ formed the European law. The whole of Europe is bound by the laws introduced by this source. The last source is known as the Minor sources of law. Before 1066, there was no national legal system. Only localised laws existed. When William the Conqueror dominated England, he realised that England needs a centralised system of justice which he could control. So he went around England with his advisors listening to people’s problems and the advisors would give judgment according to what they saw fit. This travelling court system became known as the ‘Curia Regis’ (King’s court). This is where the common law developed. The local laws were replaced with the national law which was common to everyone hence the name ‘Common law’. There were however, a few problems which were raised with implementing Common law. . Common law runs on the basis of ‘Stare decisis’ (binding precedent). This means that the court is bound and has to
Omissions as actus reus
Omissions as actus reus Normal rule is that omissions can’t make a person guilty of an offence. Exceptions to the rule – . A duty undertaken voluntarily 2. A duty through one’s official position 3. A duty which arises because D has set in a motion a chain of events 4. A duty because of a relationship 5. A contractual duty 6. A statutory duty A statutory duty – Act of Parl can create liability for a duty. For example failure to report a road traffic accident, and or failing to provide a specimen of breath. These offences can only be committed by failing to do something. For example s1 of the Children and Young person’s Act 1933 puts the parents who are legally responsible for a child under duty for providing food, clothes, medical aid and lodging for their children. A contractual duty - Where a person is under a contract to act, his failure can be a criminal offence. R v Pittwood (1902) Pittwood was a railway crossing keeper and omitted to shut the gates. Having opened the gates to allow a cart to pass over the line he forgot to close it before going off to lunch. A few minutes later a passing train killed the driver of a hay cart as it was crossing the line. He was convicted of manslaughter as it was his job to keep the line safe. A more modern example would be if a lifeguard left his post unattended to. His failure to leaving the post
