Maxim actus non facit reum nisi mens sit rea means that the guilty act on its own will not make a person criminally liable unless it was done with a guilty state of mind. The majority of crimes are brought about by a mixture of actions and are referred to as the guilty acts these represent the physical elements of a crime (actus reus).The mental elements are the thoughts or guilty state of mind (mens rea). If actus reus and mens rea are known and there is no valid defence, the defendant will ...
Lord Woolf was appointed by the Lord Chancellor to carry out an extensive review of the Civil Justice System in England and Wales. He identified several problems regarding the old system and felt that it was in crisis. Woolf found that the Civil Justice System remained crippled by high costs, excessive delays and complexities of trials [1] . These problems have influenced major reforms which were intended to make enhancements in addition to create a more effective and efficient Civil Justice ...
Conditional Fee Arrangements: Advantages And Disadvantages UK legal aid system has undergone tremendous changes and reforms ever since its introduction in 1949. Its purpose of the act was "to provide legal advice for those of slender means and resource, so that no one will be financially unable to prosecute a trust and reasonable claim or defend a legal right and to allow solicitors and counsel to be remunerated. [1] Due to its popularity, legal aid expenditure imposed a heavy burden on the g...
Worldwide, hundreds of thousands of children under the age of 18 have been affected by armed conflict. They are recruited into paramilitaries, civil militia and a variety of other armed groups. Often they are abducted at school, on the streets or at home. Others enlist "voluntarily", usually because they see few alternatives. According to Amnesty International, international law and in many instances even the countries' national law prohibits the participation of children under 18 years o...
In R v. M the respondents were YB (a Turkish interpreter) and DM (a solicitor) that were visiting one of the inmates at Chelmsford Prison on 16th May 2008. YB and DM met in the prison's visitors' centre before making their way into the security entry area where they left their mobile phones in the lockers provided before making their way through the check-point. YB went first and was found to have a Turkish SIM card in his pocket but claimed he had forgotten about it since his last trip to Tu...
Introduction: Money laundering is a global problem. Measuring its impact is tough, as it takes place behind everyone's eyes and it apparently is a victimless crime. Yet the damage it does can be devastating to the financial sector and economy's ‘real' and ‘external' sector, especially in case of a developing country. By contrast, effective anti-money-laundering policies can reinforce a range of good-governance policies. This in result helps the country to sustain economical growth particularl...
Introduction to Defamation. Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. Defamation is the publication of a statement which refers on a person's reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make then shun or avoid him....
A lawful arrest of an individual indicates a legal 'condition' of the arrested individual. Likewise, a subsequent detention of an individual at a police station brings about a legal 'consequence'. For example, confinement, which under other circumstances would amount to a false imprisonment, will lawfully restrict the individuals' privacy and freedom of movement but it also creates legal obligations on police officers. In relation to the detention, treatment and questioning of suspects, parts...
Heinous crimes such as rape, murder, dacoity with murder, dowry death among others are of a very grave nature and perpetrators of such crimes shall be brought to justice. In pursuit of justice, one of the main roles is played by the witness. From lodging an FIR to providing evidence in court, he plays an indispensible part of the justice delivery system of our country. This paper deals with one aspect related to witnesses of heinous crimes, which is recording of their statement by Magistrate ...
The aim of this essay is to provide a comprehensive analysis of the impact of Woolf reform on the civil justice system in terms of excessive delays, costs and complexity. Further, salient recommendation and critical appraisal of Lord Wolf will be taken into account in order to examine whether the reform promotes justice or the consequence is an incompetent and ineffective system, followed by some debates and suggestions. Thus, each of these issues will be dealt chronologically. The prolonged ...
