New answers tagged

0

Courts are expected to pass sentences which are just, in all the circumstances. Before a custodial sentence the court must (normally) order a report and take into account the findings of the report writer when sentencing. From section 157 of the Criminal Justice Act 2003: (1) Subject to subsection (2), in any case where the offender is or appears to be ...


1

Depending on when you think the couple married, you can search online at FreeBMD.co.uk with only one partners's name. Regional searches, if you know where the event would have taken place, are quicker, but logically the more detail you know, the easier it is to check. There is no charge for this service. The result will show the second partner's surname, so ...


2

This is mainly governed by the Investigatory Powers Act 2016, a good summary of the state of things after the limiting Tele2/Watson Court of Justice of the European Union (CJEU) ruling is available on Technology Law Dispatch. Section 227 of the Act sets up a committee of Judicial Commissioners (JC) led by an Investigatory Powers Commissioner (IPC) who are ...


0

It is difficult to see where the legal 'wrong' is here. Ethically, morally, etc - is a different story. You could bring a civil suit for this; possibly for rescission purposes but it would be unlikely to succeed. (You can bring civil suits or litigation for a LOT of things; whether they succeed or not is another matter entirely). "For a more specific ...


0

Could a criminal or civil case be raised against the person who did this? No. Marketing is widely known to involve actors or presenters who are unrelated to the production of what is being advertised. You rightly point out the seller's motivation for using images of a young, attractive female, but that does not imply that the seller intentionally ...


0

No. Whilst many have found Mr Cummings' actions intensely frustrating and indeed the moral side to this, (outside of the law) is that leaving one's house during lockdown without good cause, contributes to greater spread of the disease, a charge of manslaughter would not likely be levied against him. Before evening looking at manslaughter - the The Health ...


0

could this amount to constructive dismissal? Are there any employment laws being breached? No. Person A seemingly made his decision to resign without knowing about the company's alleged plans regarding his position or employment. Thus, from a legal standpoint it is irrelevant whether or not the company's subsequent explanation for rejecting person A's ...


2

could this amount to constructive dismissal No, this is not constructive dismissal. This would require the employer to do something that "seriously" breaches Person A's contract and for Person A to resign as a result of it. Based on what you've told us, that isn't the case. It is perfectly normal for employers to have succession plans in place ...


0

No, it does not appear to be legal. I cannot identify any exception based on a reading of the relevant legislation, nor can I find any applicable case law specific to Section 41. Reviewing the Government's Explanatory Notes on this Section, it is stated: The purpose of this offence is to ensure that people responsible for generating gambling software do so ...


0

There don't appear to be any relevant sexual offences committed here. However, the 17 year old UK person may be guilty of the improper use of public electronic communications network contrary to Section 127 of the Communications Act 2003: (1) A person is guilty of an offence if he— (a) sends by means of a public electronic communications network a message ...


14

If the ex-wife had a legal right to occupy the house, then the ex-wife also had the legal right to invite in others. Removing the wife’s right to occupy the house would be part of the judge’s divorce decree, but if the wife did not have another primary domicile arranged, forcible removal would be an eviction which would, itself, need to run its own legal ...


1

Lawyers, both as professionals in a BAR, and as officers of the court, are typically barred by court rules and professional ethics rules from bringing meritless lawsuits. While this applies to anyone, both clients of attorneys and pro-se litigants, lawyers are held to a higher standard. Connecticut: anyone, including lawyers, who begins a civil action or ...


6

There wouldn't be any formal process - you would just start practicing criminal law, but obviously you would be reading up on criminal law prior to doing so since you would hold relevant professional obligations under the Bar Standards Board Handbook to, well, actually know the law you're practicing—namely Core Duty 7: You must provide a competent standard ...


3

No. It would not meet the criteria for "unlawful act manslaughter" per the CPS Guide for Crown Prosecutors: The offence is made out if it is proved that the accused intentionally did an unlawful and dangerous act from which death inadvertently resulted. This is because there's no unbroken chain of causation. Let's walk through each element. 1. An ...


52

Trespass to land in most instances is a civil matter, and as such the police do not have the power to assist. Initially, the landowner should ask the trespasser to leave the land and if he/she does then all is well. If he/she refuses to leave the land then you will need to consider taking civil action. It could be dangerous for the landowner to try to remove ...


16

Most of these policies are illegal, though this isn't widely recognized Here's why: There are some added complexities here that Matthew's answer hasn't addressed, especially in the meanings of words like group and disadvantage. Let’s focus on the latter of the two and proceed by way of example. Suppose the evidence suggests that the members of a particular ...


8

Yes, the lawyer can sue but in the USA, the client might have to pay the other party's legal fees. One type of “ridiculous case” is the so-called SLAPP lawsuit. SLAPP stands for Strategic Lawsuit Against Public Participation. The Reporters Committee for Freedom of the Press calls SLAPPS “an all-too-common tool for intimidating and silencing criticism through ...


70

Yes, it's legal. It would be lawful discrimination on objectively and reasonably justified grounds Here's why: On the face of it, this is a case of direct discrimination contrary to Section 13 of the Equality Act 2010: (1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or ...


34

In the US, there are many possible sanctions A frivolous case, or pattern of cases, can result in a number of punishments: Paying the other side's legal fees -- Mind you, in the U.S, it is normal for each party to pay their own fees, and that will happen in "honest disagreement" type cases in which both parties have a valid perspective. "...


2

It will be fact-specific, but potentially not unlocking your phone for such a reason could be a "reasonable excuse". However, you will need to provide evidence for such an excuse. The prosecution will still have to prove, beyond reasonable doubt, that the excuse is not "reasonable". It is entirely possible that the court would determine ...


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In the UK, sanctions on the lawyer will vary based on what they did. My answer does NOT address frivolous litigation by the client — it ONLY addresses the question "Can the lawyer get into any trouble for taking the case and bringing it to court?" If the lawyer has a history of taking on frivolous cases, the relevant regulatory body may get ...


3

The law says you need to be covered by a TV Licence to: watch or record programmes as they’re being shown on TV, on any channel watch or stream programmes live on an online TV service (such as ITV Hub, All 4, YouTube, Amazon Prime Video, Now TV, Sky Go, etc.) download or watch any BBC programmes on iPlayer. This applies to any device you use, including a ...


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Start with the facts as published: TV Licensing website Which says: The law says you need to be covered by a TV Licence to: watch or record programmes as they’re being shown on TV, on any channel watch or stream programmes live on an online TV service (such as ITV Hub, All 4, YouTube, Amazon Prime Video, Now TV, Sky Go, etc.) download or watch any BBC ...


3

Officers get to be tricky The problem here is you're expecting the TV enforcement officers to deal fairly and not pull dirty tricks or be manipulative. There's no legal obligation for them to do that, just as there's no legal obligation for police detectives to not trick you. There are limits to what you can do, but this is where we get into the difference ...


5

It is currently a criminal offence, and as such the same procedures (including "innocent until proved guilty") apply as with any other criminal offence. If entry to premises is required to obtain evidence, the court can issue a warrant. However the reality of the situation is that almost all the defendants who are summoned to court (about 120,000 ...


11

In legal terms, the "innocent until proven guilty" principle still holds. However, the dirty tactics utilised by licensing officers try all sorts of underhand tricks to disregard "innocent until proven guilty". The general advice is that you should not engage with such licensing officers in any way, unless they actually have a search ...


25

Sorry Matthew, that is wrong. But lets start with the Ops statement "In the UK you have to state that you don't have a TV license and sign a declaration to that effect every 2 years (unless you then get a license)." You do not have to state this at all. You are under NO legal obligation to reply to TVLA's letters. All that will happen is they will ...


3

Yes. The police have the power to seize your phone as evidence under the Police and Criminal Evidence Act 1984, the Misuse of Drugs Act 1971, and the Terrorism Act 2000. There are no caveats or defined circumstances other than having a reasonable belief that the data on the phone forms evidence against you. They do not require a warrant to access your phone, ...


36

The system operates on "innocent until proven guilty" If you watch or record live television or you download or watch programmes on BBC iPlayer (live, catch up, or on demand), you must have a TV licence. You do not have to let TV Licensing officers into your home unless they have a warrant, per Section 366 of the Communications Act 2003. They will ...


0

The IMEI can get accessed without getting into your phone OS or it even being on because it has to be physically written onto it or a sticker in it. iPhones have it in the SIM tray and on the backside. And Apple will gleefully tell you the SN in exchange for the IMEI and vice versa. They gave the right to get the IMEI to identify if a phone is reported ...


1

They can do it before you are arrested and without a warrant They have this power under the Investigatory Powers Act 2016.


1

Yes, they need a court order. The cellphone provider is obligated to keep your data for at least 6 months. Any circumstance that warrants a search warrant.


1

Firstly, penalty fines in general are not intended to act as revenue-generating mechanisms for the state. Their purpose is to deter people from committing the relevant offence and impose an appropriate level of punishment. It is unfortunate that penalty fines for speeding are perhaps seen in this manner, but that is not their intended purpose. Secondly, ...


2

Rule 8.4 covers what happens if the defendant fails to file an acknowledgement of service: 8.4 (1) This rule applies where – (a) the defendant has failed to file an acknowledgment of service; and (b) the time period for doing so has expired. (2) The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives ...


3

The answer to your question does not depend on what the laws of the UK, other countries or even the EU say about bull bars. The reason is simple: All of those countries signed the Geneva Convention on Road Traffic. According to Wikipedia, by signing the Convention, those countries agreed to respect each others technical requirements. As a result, any car ...


2

The restriction pertains to their sale in the EU. The rule in art. 4 is basically In accordance with Article 10, manufacturers shall ensure that frontal protection systems either fitted as original equipment to vehicles placed on the market or supplied as separate technical units comply with the requirements of Sections 5 and 6 of Annex I. Possession and ...


2

The landlady is trying it on. The purpose of a deposit is to protect the landlord from being left out of pocket by: damage to the property rent arrears Reasonable wear and tear does not constitute damage. It seems unlikely that the stiff tap is as a result of damage. The hob is not so clear cut: the landlady could argue that it was damaged, albeit by ...


0

You don't mention a jurisdiction, but from your other questions I'm inferring English law (or, at least, UK). Since there is no obligation on a private individual to report a crime or suspicion of a crime, how an organisation responds to one depends on its own policies.


4

Your friend's relationship with the game company is one of contract. You don't say what the contract terms are, so it's impossible to say whether they were breached by your friend or the company. In any case, it is likely that the only remedy your friend could seek is damages, probably limited to whatever outstanding portion of the subscription they have not ...


3

Usually how long does it take for the police to acquire IP details from the ISP now they no longer need a warrant to serve them under the snoopers charter. The Acquisition and Disclosure of Communications Data Code of Practice published by the UK Home Office in March 2015 encourages service providers to furnish a disclosure notice within a fortnight: 3.50. ...


0

I'd recommend using the European Small Claims Procedure if your claim meets the criteria. Your claim needs to be worth less than €5,000 to be eligible. It's a quick procedure: You send the relevant claim form to the court that has jurisdiction (this will depend on what your contract with the company says). Within 14 days, the court sends the claim to the ...


2

It depends on the motives of the sender, among other things. Section 1(1) of the Malicious Communications Act 1988 states: (1) Any person who sends to another person— ... (b) any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature, is guilty of an offence if his purpose, or one of his purposes, in ...


-5

It's the landlord's house. If he wants to install an outward pointing camera that's his right.


-2

You appear to have been asked to install a mains-powered device on the outside of the building. Are you a qualified electrician? If not, don't get involved with the installation. (That includes the buying of the camera.) If this is a bona-fide rental then you will have some sort of written agreement with a lettings agent who holds your deposit and collects ...


2

You need proof beyond reasonable doubt. The court will get expert witnesses to figure out who strong the evidence is. First, someone will tell the court that if your home IP address has been used, how strong evidence it is that your computer or phone was used. And then if your computer or phone was used for a crime, it depends on the situation how much ...


2

It depends. If the prosecution proves beyond reasonable doubt that noone else could use that IP address at that particular time then yes. But can it prove so? Maybe yes. Maybe not. Depends on the results of forensic examination of the device, network traffic, any other corroborating evidence etc.


-2

My landlord has asked that we do not delete the footage when we leave the property, as they want to "re-run it". What happens if you delete it anyway? Would they have any recourse against you? They may be annoyed or not, but probably wont be able to follow it up (if you don't sign this in writing).


4

Presumably you are not being asked to sign a replacement tenancy agreement in which you have the obligation to hand over the data when you leave the property. Rather it sounds like an informal request on the part of the landlord. Such a request is unenforceable. In order for it to be legally binding, there would need to be a contract (whether oral or written)...


4

It depends on the nature of the crime, among other things. Under Section 8 of the Police and Criminal Evidence Act 1984 (PACE) the police must provide evidence to a court that a search warrant is necessary to secure and obtain evidence relevant to an ongoing investigation into a crime. If there is evidence that time is of the essence with regards to the ...


10

Adding to Paul's answer, you have considerable protections under GDPR here, and there's a host of angles you can use to get your data removed, or have it not collected in the first place. Your landlord, even as a sole trader, is required to register and pay a fee to do this to the ICO (1), and can be fined up to £4000 if he fails to do so. You have the right ...


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