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This Checklist should be read alongside Practice Notes: Mutual legal assistance (MLA) and Grounds for refusing assistance by the requested authority... The Letter of Request (LOR) Requests from the UK for mutual legal assistance (MLA) are made through a formal letter of request (LOR). Under the Crime (International Co-operation) Act 2003 (C(IC)A 2003), the UK judicial authorities that may seek assistance are any judge or justice of the peace in England and Wales. A prosecution authority designated by an order of the Secretary of State may likewise request assistance where the conditions in C(IC)A 2003, s 7(5) are fulfilled: it appears to the authority that an offence has been committed there are reasonable grounds for suspecting that an offence has been committed, and the authority has instituted proceedings in respect of the offence in question or the offence is being investigated Issuing authority When considering the LOR itself, ask: Was the LOR issued by a judge...
The Criminal Justice Act 2003 (CJA 2003) Under the Criminal Justice Act 2003 (CJA 2003), a different route for commencing criminal proceedings in England and Wales was established. In place of laying an information before a justice of the peace to obtain a summons securing the defendant’s attendance, this approach requires public prosecutors to issue a written charge and serve it on the defendant and the court, together with a requisition directing the person to attend a magistrates’ court to answer the written charge. See Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Only public prosecutors authorised under CJA 2003, s 29(5) are permitted to commence criminal proceedings by this means. The table below sets out those public prosecutors who must now proceed by using the written charge and requisition or a single justice notice procedure...
Who is the Head of State? The monarch serves as Head of State and is formally: the State’s Supreme Executive Officer the Supreme Governor of the Church of England the titular commander-in-chief of the three services of the armed forces (army, navy and air force) the fount of justice and of all titles of honour, distinctions and dignities Foreign affairs—including treaty-making and the declaration of war and peace—are carried out by the executive in the monarch’s name, known as the exercise of the royal prerogative. Without a single written constitution, the Crown stands as the State’s symbol, with the monarch acting as a figurehead through significant ceremonial roles, such as the State Opening of Parliament. Relationship with Parliament The Crown’s reliance on its people is mirrored in its relationship with Parliament. In earlier periods, the monarch personally exercised the State’s supreme executive, legislative and judicial authority. Through modern history—particularly after the enforced abdication of James II and the...
This Practice Note sets out an explanation of the powers of the Scottish criminal courts to impose sentence following conviction. For an introduction to the structure and operation of the Scottish criminal justice process, see Practice Note: The investigation and prosecution of criminal offences in Scotland. For guidance on the approach the Scottish courts adopt to sentencing corporate criminal/regulatory offences, see Practice Note: Sentencing corporate criminal offences in Scotland. High Court The most serious corporate cases are prosecuted in the High Court of Justiciary (High Court). Under solemn procedure, a judge and jury try the case, as noted above. See Practice Notes: Solemn procedure in Scottish criminal proceedings and Trials under the Scottish solemn procedure. As a trial court, its jurisdiction extends across the whole of Scotland (and, on occasion, beyond) in respect of all crimes unless excluded by statute. It holds exclusive jurisdiction to try the gravest crimes, such as treason, murder and rape. In practice, the High Court deals with other serious crimes including very serious...
In the County of [ insert county ] — Petty Sessional Division of [ insert ] The Complaint of [ insert name ] Of [ insert address ], who states as follows: The route or bridge called [ insert name ] in the parish/town of [ insert name ] is a highway maintainable at public expense, for which the [ insert name ] highway authority is responsible. The highway is in disrepair. On [ insert date ], the Complainant served the [ insert name ] highway authority with a Notice under section 56 of the Highways Act 1980. On [ insert date ], the highway authority served on the Complainant a Notice admitting both that the route/bridge is a highway and that it is bound to maintain it. NOW, pursuant to section 56 of the Highways Act 1980, the Complainant asks this Court for an Order directing the [ insert name ] Council, as highway authority, to put the highway into...