NCJ Number
60365
Date Published
1978
Length
240 pages
Annotation
GREAT BRITAIN'S CRIMINAL LAW ACT OF 1977 REFORMS THE LAWS RELATING TO CONSPIRACY AND TRESPASS TO PROPERTY, SIMPLIFIES THE DEFINITIONS OF VARIOUS CRIMINAL OFFENSES, INCREASES FINES, AND MAKES NUMEROUS OTHER CHANGES.
Abstract
THE 64 SECTIONS DEAL WITH A MULTITUDE OF MATTERS, BUT THE MAJOR CHANGES CONCERN THE OFFENSES OF 'CONSPIRACY TO COMMIT A CRIME' AND TRESPASS ON PRIVATE PROPERTY. THE PREVIOUS CONSPIRACY LAWS WERE ESPECIALLY VAGUE AND LED TO EXTENSIVE APPEAL LITIGATION. THE NEW LAW IS MORE PRECISE, SPELLS OUT EXACTLY WHO CAN AND WHO CANNOT BE CHARGED, AND SETTLES MANY MATTERS ON WHICH THERE HAD BEEN CONFLICTING JUDICIAL DECISIONS. THE LAWS RELATING TO TRESPASS HAD TO BE CHANGED BECAUSE SQUATTING AS AN ORGANIZED PROVOCATIVE TACTIC HAD LEFT PROPERTY OWNERS WITH LITTLE EFFECTIVE PROTECTION. POLICE WERE RELUCTANT TO INTERVENE IN SUCH CASES BECAUSE THEIR RESPONSIBILITIES WERE UNCLEAR. THE NEW STATUTE SPELLS OUT TWO NEW OFFENSES: (1) USING OR THREATENING VIOLENCE TO ENTER OCCUPIED PROPERTY AND (2) DISPLACING A LAWFUL RESIDENTIAL OCCUPANT. A THIRD OFFENSE COVERS CONSPIRACY TO TRESPASS CASES. THE REDEFINITION AND SIMPLIFICATION OF OFFENSES GROUPS THEM ACCORDING TO MODE OF TRIAL. THE LAW ALSO TREATS JUVENILE TRIAL PROCEDURES, BOMB HOAXES, CORONERS' PROCEDURES, AND DRUGS AND ALCOHOL ABUSE CASES. THE ACT ALSO SEEKS TO REDUCE COURT DELAYS THROUGH A MAJOR REALLOCATION OF OFFENSES FROM THE CROWN COURT TO MAGISTRATES' COURTS. ALSO THE ACT TRIES TO RELIEVE THE STRAIN ON THE CORRECTIONAL SYSTEM BY PROVIDING FOR PARTIALLY SUSPENDED PRISON SENTENCES, REDUCING THE NEED FOR CORRECTIONS PERSONNEL TO APPEAR IN COURT DURING REMAND HEARINGS, AND REDUCING THE PERIODS OF IMPRISONMENT FOR UNPAID FINES. CHARTS ILLUSTRATE THE NEW CLASSIFICATIONS. THE NEW FINES SCHEDULE IS GIVEN. OTHER TABLES LIST JUDICIAL DECISIONS, CHANGES IN THE TRAFFIC CODE MADE BY THE LAW, AND CHANGES IN ADMINISTRATIVE PROCEDURE. EXTENSIVE NOTES AND CASE CITATIONS ARE INCLUDED. (GLR)