What law makes intending to cause harassment alarm and distress an offence in the UK? https://www.bbc.co.uk/news/uk-england-leeds-62793135 I know that s5 makes conduct “likely to cause” … harassment alarm or distress a crime on a strict liability basis. But what provision makes intention to cause it a crime?
Section 4A of the Public Order Act 1986 (which was amended by section 154 of the Criminal Justice and Public Order Act 1994). [F14A Intentional harassment, alarm or distress. (1)A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he— (a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b)displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress. (2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling. (3)It is a defence for the accused to prove— (a)that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or (b)that his conduct was reasonable. (4)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.]
Why would he not have been charged with &quot;housebreaking&quot;? In england-and-wales neither &quot;house breaking&quot; nor &quot;breaking and entering&quot; are legal terms: the offence is called burglary contrary to s.9 of the Theft Act 1968 which in 1983 was: (1) A person is guilty of burglary if— (a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or raping any woman therein, and of doing unlawful damage to the building or anything therein. There is no difference between nightime and daytime entry, and there is no requirement for a forced entry. All that's needed is to go in without permission intending or attempting to do one of the relevant offences. I can only surmise that the reason(s) theft, rather than burglary, was charged was a (pre CPS) prosecutorial decision based on the admissible evidence, Fagan's mental state and what was in the public interest because the quoted text seems to meet the criteria for burglary. (ETA subject to the actual circumstances surrounding the alleged theft of the wine, which are not clear from the quoted text.)
Does &quot;duty to rescue&quot; apply to a child that one has no direct responsibility for? And I am, certainly under English law, guilty of a crime. No, not necessarily, because a failure to act does not automatically create criminal liability in England and Wales. Most offences require a combination of a physical act and the intent to carry it out - often referred to as the coincidence of actus reus and mens rea. If one or both of these elements are missing (or cannot be proved) then there is no offence unless there is a specific Duty of Care imposed by law which obligates a person to prevent, or mitigate the risk of, harm coming to someone or something. There is a simple mnemonic that may assist with identifying whether or not there is such a DUTY Dangerous situation created... In R v Miller [1983] 2 AC 161 Miller fell asleep while smoking a cigarette, then woke up to see his matress smouldering. Instead of calling for help or doing anything about it, he went to sleep in another room so was convicted of arson - not for setting the fire but for failing to do anything about it. This would be analogous with someone tampering with the signs to incorrectly say that the deep end of the pool is the shallow end thus causing the child to be out of his depth and drown. Under statute, contract or by public office... In R v Dytham [1979] QB 722 a police officer was convicted of misconduct in a public office because he stood by and did nothing as a man was beaten to death. For the OP: a lifeguard will have a duty of care, under contract, to act in order to rescue the child in the OP. Take it upon oneself... In R v Stone &amp; Dobinson [1977] 1 QB 354 the defendants took on the responsibility for caring for a vulnerable person who later died due to their neglect. In the OP's scenario, this might equate to someone announcing they will act as an impromptu lifeguard but then do nothing to save the child from drowning. Young persons... Anyone who has a parental relationship with a child has a legal obligation to look after the health and welfare of that child. In the OP's scenario, if the parent was absent, too drunk etc so could not raise the alarm this may be a breach of this duty of care and make them liable for the death of their child.
Fraud new-south-wales There are a number of offences that fall under the broad category of fraud. The most relevant for this type of behaviour is in s192E of the Crimes Act 1900: &quot;Obtain financial advantage or cause financial advantage by deception&quot; which carries a maximum penalty of 10 years. In order to understand what the prosecution needs to prove beyond reasonable doubt it is useful to look at the suggested jury direction from the Criminal Bench Book (a crib sheet for judges): [The accused] is charged that [he/she] by a deception dishonestly [obtained a financial advantage for himself/herself] or [kept a financial advantage that he/she had]. The Crown contends that the financial advantage is [set out the financial advantage]. It does not matter whether the financial advantage alleged was permanent or temporary. The deception that the Crown alleges that the accused perpetrated was [set out the deception]. It must prove beyond reasonable doubt that the financial advantage was obtained as a result of that deception and that the accused perpetrated that deception intentionally to obtain the financial advantage or acted recklessly in that regard. Here reckless means foreseeing the possibility that as a result of the deception [he/she] would [obtain a financial advantage] or [retain the financial advantage that he/she had] and carrying on with the deception notwithstanding that possibility. However, the Crown does not need to prove a particular person was deceived. The Crown must prove beyond reasonable doubt that the accused acted dishonestly in [his/her] deceptive conduct. Dishonest in this context means that the accused acted dishonestly according to the standards of ordinary people. You as ordinary members of the community determine what is dishonest conduct in this regard. You must not only find beyond reasonable doubt that the accused acted dishonestly in deceiving [the victim] but also that [he/she] knew that [his/her] conduct was dishonest according to the standards of ordinary people. It is not enough that a person is shithouse at delivering on their contractual obligations: even repeatedly so. That just makes them a bad business person, not a criminal. They must have acted dishonestly and deceived their victims from the get-go with the intention of not fulfilling their bargain or have been reckless as to their ability to do so. If you believe that you have knowledge of criminal fraud, you should report it to the police who have the discretion to investigate and prosecute. As a general rule, police devote fewer resources to non-violent crime than they do to violent crime and less to crimes where the victim has handed over property/money than those where it was taken from them involuntarily so fraud tends to be lower on their radar.
A person with standing can sue to enforce them In the UK, standing is interpreted broadly as anyone with an interest in the matter who suffers or might suffer detriment from your breach.
This is not a "if you breach the contract we may sue you" clause. This is a clause which says "if we find you trying to breach the contract, we can ask a court to stop you from doing so (even though you may not have actually breached the contract at that point in time)". The provision entitles the aggrieved party to specific relief - in this case, by the way of an injunction. Specific relief means relief of certain determined nature or of a specific kind, rather than a general relief or damages or compensation. Essentially, the clause that provides that if the receiving party of the confidential information threatens to disclose such information, the disclosing party shall be entitled to ask the court to specifically order the receiving party not to disclose the confidential information (as opposed to post-facto asking for damages for the harm caused by reason of such disclosure). In the absence of this provision, a court may rule that the disclosing party has no locus to take pre-emptive legal action, as no damage has been caused yet by the other party.
It is illegal in Scotland. There is currently no law specifically against it in the rest of the UK. If you find this is unbelievable, yes it is. There are attempts now to change the laws. PS. There are no photos taken "of the act". Taking the photo is the act. The pervs use a selfy stick or just get down on the floor to take photos, or take photos on stairs. PPS. News on Jan 16th 2019: "A new law will now be introduced in the next couple of months. It could mean that perpetrators might face up to two years in prison and are added to the sex offenders register."
If the agreement is the result of a binding determinative process like the decision of a court, arbitrator or administrative tribunal, the aggrieved party can go to the court for enforcement. If it isn’t, then the agreement may be enforceable as a contract (see What is a contract and what is required for them to be valid?). Breach of the contract allows the aggrieved party all the normal remedies. In either case, breach by one party does not excuse breach by the other. Of course, the agreement can be worded “you do this then I do that” so if you don’t do this, you are in breach but I’m not. If it isn’t either of the above, it can’t be enforced.