Help with LAW!

[Grant]

ok im i am just finishing my law assignment and to finish it i need,
what would you get if you was arrested for:

Littering
GBH
and Theft.

and if they go to court what court would they be tried in?

i have had a look on the net and cant find it so can anyone help.

i know we have a police office in the house too. lol

thanks

Grant

 

[Ben]

im not positive but i think it can vary greatly excluding litter, im sure its just a £50 fine but again would be at officers discretion and dependant on amount and type etc. i.e. a crisp packet V a huge amount of rubbish

As for GBH i think it relates to seriosness of offense, injured parties, discretion, etc i think theres loads of variables which need to be taken into account, similar to theft i mean robbing a bank of £50m isnt the same as mugging and old lady for a packet of fish n chips

 

[Grant]

ok. well the littering is a chips rapper.
the GBH is pushing someone to the ground and them suffering major head facial injuies.
and the theft is a bottle of wine.

thanks

 

[jarthur05]

Obviously, all criminal cases, no matter what they are, begin in the Magistrate's Court. Serious offences (in this case the GBH) will automatically be sent 'upstairs' to the Crown Court. With the littering this would be dealt with in the Mag's Court if it was contested, if not then I guess it would be by way of fixed penalty notice. The theft would probably also be dealt with in the Mag's Court, as it is relatively minor. However, if it is a repeat offence, it could be sent to Crown Court for a sentence.
As for the sentences, they would vary according to circumstances. For example, if the thief was a first-time offender etc. The judge/magistrate would be able to use their discretion.
It is also worth bearing in mind any potential defences - although these may not be relevant to your assignment. Hope this helps - J

 

[Grant]

thanks mate you have been a big help.

 

[jesskatk11]

From what i can remember from my a-level Law... hmmm, i think GBH is under the Offences Against the Person act and we studies, section 47 (i think was less serious-battery) , section 18 and 20 more serious which i think GBH comes under. There are some LAW books by Elliot and Quinn which are really good.

theft maximum sentance - 7 years imprisonment

not sure on GBH . Im sorry

 

[Grant]

ok thanks mate.

what course was it that you did?

 

[jesskatk11]

A level Law. but that was 3 years ago. Ahh all takes me back, Actus reus, mens rea, and all that bull. And all those bloody case studies you had to remember... good luck

 

[Grant]

lol thanks mate.

 

[Pete]

ok ok, the law from your point of view is fairly clear, J is right in what he said. With the offences against the person the general rule is the lower the number the more serious I believe (like Public order offences).

You would NOT get arrested for littering. The only way you'd get lifted for it is if you fail the SOCAP necesity test (failing to give name, address, danger to yourself or others, protect a vunerable person, obstruction of the highway, public decence, prompt and effective investigation, worried your going to leave the country etc...).

Can I just say to peeps that HAVE studied law and not kept up with it (like me I did it a few (4) years ago). THERE IS NO SUCH THING AS AN ARRESTABLE OFFENCE. From Jan 01 2006 ALL offences are arrestable so long as there is a need to make the arrest under the SOCAP necesity test. There are some offences with a retained power of arrest but they are few and far between.

 

[jarthur05]

With the offences against the person the general rule is the lower the number the more serious I believe (like Public order offences)

Correct.
S.18 Offences Against the Person Act = Causing GBH/Wounding with intent. This carries a potential life sentence.
S.20 OAP Act = Causing GBH/Wounding. Intent not neccessary, making this a lesser offence.
S.47 OAP Act = Assault occasioning ABH.
Battery = S.39 Criminal Justice Act
Assault = Same as above. It is a commonly held belief that to be guilty of assault you actually have to touch somebody - this is not the case.
It is also interesting that nowhere in legislation is it written that it is illegal to kill someone - this is purely common law.

 

[Pete]

no assualt you need not touch them, that would be battery but it tends to get thrown in with assault for the purposes of simplicity.

 

[Andrew]

It is also interesting that nowhere in legislation is it written that it is illegal to kill someone - this is purely common law.

What about the Homicide Act 1957?

 

[jarthur05]

Nope, believe it or not the Homicide Act does not define murder. The Act mainly deals with special defences which can be pleaded to the charge. To find the law regarding murder you have to trace judgements made in cases since the 17th Century.