Bail and Remands

2019 ◽  
Author(s):  
John Sprack ◽  
Michael Engelhardt–Sprack
Keyword(s):  
Subject Matter ◽  
Criminal Proceedings ◽  
Police Station ◽  
Principal Subject

The principal subject matter of this Chapter is bail, which may be defined as the release of a person subject to a duty to surrender to custody at an appointed time and place. The time when a person bailed is to surrender to custody may be fixed when bail is granted or, in the case of a person sent on bail to the Crown Court for trial or sentence, it may be notified to him subsequently. The place where he is to surrender is either a court or a police station, usually the former. The granting of bail in criminal proceedings is governed by the Bail Act 1976.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

Thucydides: History, Science and Power

1975 ◽  
Vol 37 (3) ◽  
pp. 377-397 ◽  
Author(s):  
M. A. Fitzsimons
Keyword(s):  
Subject Matter ◽  
Rapid Growth ◽  
Early History ◽  
Historical Writing ◽  
The Past ◽  
The Subject ◽  
Principal Subject

Greek historical writing began at much the same time as Greek philosophic-scientific speculation. It experienced an even more rapid growth than philosophy, which it resembled in culminating its development in two men of genius. Contemporary events, the principal subject matter of early history, became the subject of inquiry, when some among the literate could not look at or understand events in the epic or mythic terms that had served the past and had to serve as a past.

scholarly journals The concept of a certain forensic technique and its types

2018 ◽  
Vol 83 (4) ◽  
pp. 38-45
Author(s):  
S. O. Knizhenko
Keyword(s):  
Forensic Science ◽  
Judicial Review ◽  
Subject Matter ◽  
Current Development ◽  
Criminal Proceedings ◽  
The Subject ◽  
Contemporary Development ◽  
Scientific Ideas ◽  
Group Species

The forensic technique is one of the sections of forensic science which task is to develop recommendations for the effective investigation of certain types of crimes. Nowadays there is no consensus among scholars about the concept of a certain forensic technique, its types, structure and tasks. The objective of the work is to determine the concept of a certain forensic technique and its types, taking into account the contemporary development of scientific ideas about criminalistics. The author of the article has revealed the modern tasks of a certain forensic technique, has determined the sphere of distribution of forensic recommendations. The classification of methods of investigation of certain types of crimes has been offered taking into account the taxonomy, which will lead the construction, implementation of new and modernization of existing forensic techniques to a new level. It has been noted that the current development of criminalistics leads to the need to apply forensic recommendations both at the stage of pre-trial investigation, and during the judicial review of criminal proceedings. In this regard, one of the tasks of a certain forensic technique is the development of methodological recommendations not only for investigators, but also for prosecutors, judges. A certain forensic technique in the opinion of the author is the system of typed criminalistic recommendations in a certain form stipulated by investigative (court) situations and by the subject matter of proving regarding the most appropriate complexes of procedural actions, operative and search activities and tactical operations, their combination with the use of technical and forensic means and tactical methods according to the type of crimes aimed at the effective detection, consolidation, evaluation and use of evidence in criminal proceedings. Types of certain forensic techniques are allocated on various features, which take into account both criminal and criminalistic criteria and make up the following levels: group, species, generic, intergeneric (complex).

scholarly journals Pengembangan Media Pembelajaran Berbasis Android Untuk Mata Pelajaran Simulasi Digital Materi Pokok Perangkat Lunak Pengolah Aangka di Kelas X UPW 1 SMK Negeri 3 Samarinda Tahun Ajaran 2017/2018

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Hetin Tandi Arru ◽  
Arif Harjanto
Keyword(s):  
Learning Process ◽  
Subject Matter ◽  
School Environment ◽  
Digital Simulation ◽  
Average Score ◽  
Numerical Processing ◽  
The Subject ◽  
Processing Software ◽  
Principal Subject ◽  
The Way

This study is based on the lack of use of android-based learning media that impact on the way some schools view in responding to smartphone usage by students, the school considered that the use of smartphones in the school environment can negatively impact the learning process so prohibit the use of smartphones by students in the school environment. The results showed that: (1) Android-based learning media for digital simulation subjects principal subject of this numerical processing software successfully developed (2) Application of this Android-based learning media received good response from students (3) 4.65 average with the category of "very good"; the results of the assessment of media experts get an average score of 4.56 with the category of "very good"; and the results of field implementation test on 32 students get the average score of 4.51 with the category "very good". Thus, the Android-based learning media for digital simulation subjects the subject matter of numerical processing software. developed are considered appropriate to be used as learning media. Keywords:Android-Based Learning; Smartphone;Digital Simulation; Learning Media.

The subject of proof in criminal procedure

2019 ◽  
Vol 2 (XIX) ◽  
pp. 65-77
Author(s):  
Jerzy Konieczny
Keyword(s):  
Subject Matter ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Evidential Reasoning ◽  
Criminal Proceedings ◽  
Starting Point ◽  
The Subject

In the theory of evidential reasoning in a criminal trial, there is a discrepancy in the subject matter of proof. There are two main positions. The first one states that the object of proof is fact, while the second one is a statement expressed in a sentence. The article presents a possible solution to this controversy. The starting point is the observation that the bearers of truth are statements/sentences. Therefore, since truth is one of the basic values in criminal proceedings, it results that the object of proof is a claim. Secondly, in the course of evidential reasoning is carried out in the form of thought operations - these can only be carried out with the use of sentences. The article ends with an conclusion that the object of evidence is a proposition; proving the fact is epistemologically impossible. Such a solution seems to be beneficial for the theory of proof, as it may improve the quality of evidential reasoning, including the quality of justifications of verdicts.

scholarly journals Final and Intermediate Court Decisions in the Context of Unification and Differentiation of Court Proceedings in Criminal Procedure

2019 ◽  
pp. 97-105
Author(s):  
S. V. Burmagin
Keyword(s):  
Content Analysis ◽  
Structural Analysis ◽  
Subject Matter ◽  
Criminal Procedure ◽  
Criminal Court ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Court Proceedings ◽  
Legal Concepts

The paper investigates normative-legal concepts of final and intermediate court decisions in criminal proceedings. Having carried out verbal and semantic and subject-content analysis of these definitions, the author reveals their drawbacks in terms of the terminology used and fictiousness in terms in the context of their subject matter. It is stated that the concept of an interim court decisions includes heterogeneous judicial acts fundamentally different in their nature and purpose. On the basis of the provisions of the theory of differentiation of criminal proceedings and the application of the method of systemic and structural analysis of the procedural activity of the criminal court, it is concluded that judicial acts and the final decisions of higher courts have common characteristics of final court decisions and should not be classified as interim, i.e. auxiliary. It is proposed to limit the concept of an interim judgment to a set of preparatory decisions, decisions to enforce and organizational decisions taken by the court in the course of preparation and conduct of a trial in any criminal proceedings.

scholarly journals Access to a Lawyer for Suspects at the Police Station and During Detention Proceedings

2020 ◽  
Vol 41 (2) ◽  
pp. 129-151
Author(s):  
Tymon Markiewicz
Keyword(s):  
Present Article ◽  
Criminal Proceedings ◽  
Arrest Warrant ◽  
Police Station ◽  
Minimum Standards ◽  
European Arrest Warrant ◽  
Main Statement ◽  
The Subject ◽  
The Right ◽  
Right Of Access

Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focus on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. Author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet that standard.

The Subject Matter of Criminal Evidence Relating to the Disclosure of Information on Security Measures Applicable to Law Enforcement or Control Officials

2018 ◽  
Vol 10 (1) ◽  
pp. 261-270 ◽  
Author(s):  
Oleg Zajcew ◽  
Aleksander Yepikhin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Subject Matter ◽  
Legal Protection ◽  
Penal Code ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Disclosure Of Information ◽  
The Subject ◽  
The Russian Federation

The article analyses the characteristics of the subject of evidence (Article 73 of the Penal Code of the Russian Federation) of objective and subjective characteristics of crime, which are listed in Article 320 of the Penal Code of the Russian Federation. Considerable attention has been given to the establishment of criminal sanctions for the disclosure of information on security measures towards law enforcement or control officials as an important guarantee of the stability of the Russian management system and legal protection activities. The characteristics of the subject-matter of the evidence in criminal matters under investigation are expressed in the need to establish objective and subjective grounds for disclosing information on security measures in the course of criminal proceedings against law enforcement or control officials. The state protection measures themselves are defined by separate regulations and are applied in the process of criminal proceedings and in the presence of evidence. However, this complex and multifaceted security process could be seriously undermined by the‘leak’ of classified security information. In case of such illegal disclosure, the penalty is defined in Article 320 of the Penal Code of the Russian Federation. The authors draw attention to the existence of a direct or indirect relationship between the unauthorised activity and performing state service in legal protection bodies, as well as the need to prove the intention to commit this crime and the awareness of not disclosing secret information to unauthorized persons who do not have formal access to the above information. The authors conclude that the implementation of criminal evidence proceedings for the criminal case of the offence under Article 320 of the Penal Code of the Russian Federation needs to be improved at this stage in order to increase the effectiveness and security of the protection of judges, law enforcement and control officials in Russia.

scholarly journals On the subject of the prosecutor's activities for the judicial protection of public interests in the use and protection of specially protected natural areas

2021 ◽  
Vol 7 (4) ◽  
pp. 79-86
Author(s):  
Svetlana V. Berdinskikh
Keyword(s):  
Subject Matter ◽  
Single Subject ◽  
Court Decisions ◽  
Natural Areas ◽  
Criminal Proceedings ◽  
Public Interests ◽  
Specially Protected Natural Areas ◽  
Protected Natural Areas ◽  
The Subject ◽  
Judicial Protection

The prosecutor's judicial protection of public interests in the use and protection of specially protected natural areas is a cross-functional, complex, non-inspection area of the prosecutorial activity. The conceptual apparatus of activity is currently not fully formed. The key concept is the subject of activity, the correct understanding of which depends on the correct setting of goals, tasks, and the effective implementation of the powers granted to the prosecutor. The author, on the basis of the established approaches to understanding the subject matter of prosecutorial activity, the concept of a single and general subject matter of activity, and the objectives of the proceedings, formulated a single subject matter of the prosecutor's activity for the judicial protection of public interests in the use and protection of specially protected natural areas. It includes the protection of public interest regarding the use and protection of specially protected natural areas, compliance with the laws of acts (omissions) and decisions of persons, including persons involved in the case, the legality and validity of court decisions in order to actually eliminate the revealed violations of law on specially protected natural areas, compensation for harm, and ensuring the inevitability of punishment of violators. In addition, the general subject of the prosecutor's activities to protect public interests in the use and protection of specially protected natural areas in general consists of the subject of prosecutorial supervision over the implementation of the Constitution and laws of the Russian Federation, including laws concerning specially protected natural areas, the subject of prosecutor's supervision at the pre-trial stage of criminal proceedings, the subject matter of participation in the consideration by the courts of cases in all types of proceedings for the protection of public interests in the use and protection of protected persons, the subject of supervision of the enforcement of laws by bailiffs by administrations of institutions and bodies, enforcing punishment, in the execution of court decisions in cases of violations in the field of the use and protection of protected persons, the subject of coordination, and subjects of participation in law-making activities.

Sign in / Sign up

Export Citation Format

Share Document