...Whereas the defences of estoppel, transfer by an agent to his or her principal, and change of position are assessed by reference to changes in the circumstances of the defendant, usually after he or she has received a benefit, this chapter examines whether there are, and if not whether there should...

... to ensure that the person who is incapacitated does not suffer from entering into foolish transactions. This chapter examines whether the defendant's incapacity in some way can operate as a defence to defeat a restitutionary claim regardless of the nature of that claim. It discusses restitutionary claims...

...This chapter argues that international tribunals minimize the need to accurately determine the defendant’s guilt by routinely ‘balancing away’ defence rights vis-à-vis other values that are deemed more important, such as ‘combating impunity’ or acknowledging the suffering of the victims...

... for all offences committed on or after 30 November 1998. Ultimately, any dispute in relation to the age of a defendant should be raised at the first hearing, whether in the adult or youth court. age of criminal responsibility Children and Young Persons Act 1933 doli incapax Crime and Disorder Act 1998...

... on a sentence gets much tighter in the case of a youth defendant. statutory duty criminal offence sentencing reports pre-sentence report youth defendant Local authorities are under a statutory duty to provide information about a youth charged with a criminal offence. Although the duty extends to children’s...

...’ should not be used in relation to a youth defendant dealt with in the youth court or adult magistrates’ court. It cites the Children and Young Persons Act 1933, s 59, which does not apply to youth defendants tried on indictment in the Crown Court. It also outlines the procedure for the sentencing hearing...

... offered many supposed justifications for the rule forbidding defense counsel, which the chapter explores. Trial took the form of an ‘altercation’ between the accusers (the victim and any other witnesses) and the accused. The main purpose of the criminal trial was to hear the defendant respond in person...

... declarations Bentham Jeremy Hawkins John Burke Edmund Collier John Payne Kenyon Lloyd Douglas Sylvester Damaska Mirjan European criminal procedure Macnair Michael R T accomplice rule confession rule corroboration rule criminal defendant criminal evidence evidence law hearsay judges Old Bailey...

...This chapter focuses on the last testifying witness: the defendant. Unlike other witnesses in the sexual assault trial, defendants are not compelled to testify. When they did testify or when someone spoke on their behalf in sentencing hearings, the cultural narratives of race and class intertwined...

... should determine (allocatively) optimal damage amount for the defendant-choice rules. It demonstrates that the court can decouple questions of distribution from questions of allocation. allocation rules allocation and distribution under delegating allocative choice approach to entitlement initial...

...This chapter focuses on Collie Leroy Wilkins, who returned to the Hayneville Courthouse, this time not as an observer lost in the crowd but as the defendant, in his second trial for the murder of Viola Liuzzo. Flowers harbored no illusion that he could actually win a conviction, despite believing...

...0 24 04 2009 Service of process is among the most fundamental litigation procedures. In one form or another, every legal system in the world has some method of notifying the defendant of the filling of the suit: fundamental claimants submitting defendant presence This content is only...

...0 07 08 1997 The prosecutor of Theomnestus in 384/3 (Lys. x), having occasion to ridicule the defendant for a quibble over the wording of the law of slander, attempts to educate him by quoting from the ‘old laws of Solon’ (15–20) provisions containing words which are no longer in use...

... of the European Court, and the Bail Act primarily through amendment by Parliament) means that a careful analysis of the interplay between the two remains essential to any understanding of what the right to bail actually means for a criminal defendant. right firmly enshrined defendant criminal This content...

...This content is only available as a PDF. defendant amended particulars indictments convicted This chapter includes offences committed both against and by children or young persons. Offences committed by those under 18 appear in this chapter together with the offence as set out for an adult...

...0 28 03 1996 The bases of judicial jurisdiction in civil actions are much less controversial than the subjects discussed thus far. Actor sequitur forum rei is the fundamental principle accepted virtually everywhere. Plaintiff follows the defendant to the latter’s forum, i.e...

...0 29 03 2007 A claimant who seeks a restitutionary remedy on the ground of unjust enrichment must first establish that the defendant has been enriched. Where the restitutionary remedy sought is the remedy of subrogation to a creditor’s extinguished rights against the defendant, the relevant...

.... “The combination of archaic laws, penalties far in excess of popular values, and the lack of facilities for the long term confinement were easily turned to a defendant’s benefit,” a recent critic of Southern justice has suggested. As a result, the argument runs, personal violence, public disorder, and crimes...

... imposes on the claimant the discipline of setting out, one by one and in a logical order, the facts that have to be proved in order to establish the claim. The drafting of a defence imposes on the defendant the discipline of deciding which matters of fact are agreed, and identifying the area where...

...0 06 09 2007 Extradition legislation from the EA 1870 onwards generally required the defendant’s return to take place as quickly as possible after the Secretary of State ordered it. Section 16 and para 10 of Sch 1 to the EA 1989 gave the defendant the right to apply for discharge if he...