References

1. “Human Rights Act”, 1988 (72 pages). Pages 4 – 7, 17 – 19;

2. “Anti-Terrorism, Crime and Security Act”, 2001 (172 pages). Pages: 3 – 8;

3. “Crime and Disorder Act”, 1998 (228 pages). Pages: 3, 35;

4. “Police Reform Act (PRA)”, 2002 (254 pages). Pages: 72, 86 – 89;

5. “Anti-social Behavior Act”, 2003 (86 pages). Pages: 2, 8 – 9;

“The Terrorism Act”, 2000 (323 pages). Pages: 12, 42, 44;

6. “English legal dictionary”, 2014 (84 pages). Pages 1 – 5

7. “The English legal system”, 2015 (823 pages); Routledge, Taylor & Francis Croup;

8. “International criminal law and procedure”, 2007 (524 pages); Cambridge University publishing;

9. “Language in legal process”, 2002 (295 pages); Palgrave Macmillan LTD;

10. “The interpretation of Legal texts”, 2012 (398 pages); Thomson/West company;

11. “The Lawyer English language course 4book”, 2010 (453 pages); Global Legal English LTD;

12. “Professional English in use. Law”, 2007 (126 pages); Cambridge University Press;

13. www.etymonline.com

14. en.wikipedia.org/

15. www.theguardian.com/theguardian/page/fromthearchive1990s

16. www.legislation.gov.uk

17. www.supremecourt.tas.gov.au/publications/speeches/estcourt_j

18. sarahjlewis.com

Appendics

Document 1

“Human Rights Act”, 1988 (72 pages). Pages 4 – 7, 17 – 19

Rights Provided Under the European Convention on Human Rights

The Articles incorporated into UK law, and listed in Sched. 1 to the Act, cover the following matters:

• the right to life. Article 2 states that ‘Everyone’s right to life shall be protected by law’;

• prohibition of torture. Article 3 actually provides that ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’;

• prohibition of slavery and forced labour (Art 4);

• the right to liberty and security. After stating the general right, Art 5 is mainly concerned with the conditions under which individuals can lawfully be deprived of their liberty;

• the right to a fair trial. Article 6 provides that ‘everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’;

• the general prohibition of the enactment of retrospective criminal offences. Article 7 does, however, recognise the post hoc criminalisation of previous behavior where it is ‘criminal according to the general principles of law recognised by civilised nations’;

• the right to respect for private and family life. Article 8 extends this right to cover a person’s home and their correspondence;

• freedom of thought, conscience and religion (Art 9);

• freedom of expression. Article 10 extends the right to include ‘freedom . . . to receive and impart information and ideas without interference by public authority and regardless of frontiers’;

• freedom of assembly and association. Article 11 specifically includes the right to form and join trade unions;

• the right to marry (Art 12);

• prohibition of discrimination in relation to the enjoyment of the rights and freedoms set forth in the convention (Art 14);

• the right to peaceful enjoyment of possessions and protection of property (Art 1 of Protocol 1);

• the right to education (subject to a UK reservation (Art 2 of Protocol 1));

• the right to free elections (Art 3 of Protocol 1);

• the right not to be subjected to the death penalty (Arts 1 and 2 of Protocol 6).

Public authorities

Acts of public authorities.

It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

Subsection does not apply to an act if as the result of one or more provisions of primary legislation, the authority could not have acted differently; or in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.

In this section “public authority” includes— a court or tribunal, and any person certain of whose functions are functions of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

In relation to a particular act, a person is not a public authority by virtue only of subsection

(3)(b) if the nature of the act is private. “An act” includes a failure to act but does not include a failure to— introduce in, or lay before, Parliament a proposal for legislation; or make any primary legislation or remedial order.

Proceedings.

A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section may bring proceedings against the authority under this Act in the appropriate court or tribunal, or rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act.

In subsection “appropriate court or tribunal” means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding.

If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act.

If the proceedings are made by way of a petition for judicial review in Scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act.

Proceedings under subsection

(1)(a) must be brought before the end of the period of one year beginning with the date on which the act complained of took place; or such longer period as the court or tribunal considers equitable having regard to all the circumstances, but that is subject to any rule imposing a stricter time limit in relation to the procedure in question. In subsection

(1)(b) “legal proceedings” includes proceedings brought by or at the instigation of a public authority; and an appeal against the decision of a court or tribunal.

For the purposes of this section, a person is a victim of an unlawful act only if he would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act. Nothing in this Act creates a criminal offence.

In this section “rules” means—in relation to proceedings before a court or tribunal outside Scotland, rules made the Lord Chancellor or the Secretary of State for the purposes of this section or rules of court, in relation to proceedings before a court or tribunal in Scotland, rules made by the Secretary of State for those purposes, in relation to proceedings before a tribunal in Northern Ireland—which deals with transferred matters; and for which no rules made under paragraph

(a) are in force, rules made by a Northern Ireland department for those purposes, and includes provision made by order under section 1 of the M1Courts and LegalServices Act 1990. In making rules, regard must be had to section 9.

The Minister who has power to make rules in relation to a particular tribunal may, to the extent he considers it necessary to ensure that the tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a public authority which is (or would be) unlawful as a result of section, by order add to—the relief or remedies which the tribunal may grant; or the grounds on which it may grant any of them. An order made under subsection may contain such incidental, supplemental, consequential or transitional provision as the Minister making it considers appropriate.

“The Minister” includes the Northern Ireland department concerned.

Document 2

“Anti-Terrorism, Crime and Security Act”, 2001 (172 pages). Pages: 3 – 8

Orders

Power to make order

The Treasury may make a freezing order if the following two conditions are satisfied. The first condition is that the Treasury reasonably believe that action to the detriment of the United Kingdom’s economy (or part of it) has been or is likely to be taken by a person or persons, or action constituting a threat to the life or property of one or more nationals of the United Kingdom or residents of the United Kingdom has been or is likely to be taken by a person or persons.

If one person is believed to have taken or to be likely to take the action the second condition is that the person is the government of a country or territory outside the United Kingdom, or a resident of a country or territory outside the United Kingdom.

If two or more persons are believed to have taken or to be likely to take the action the second condition is that each of them falls within paragraph (a) or (b) of subsection; and different persons may fall within different paragraphs.

Contents of order

A freezing order is an order which prohibits persons from making funds available to or for the benefit of a person or persons specified in the order. The order must provide that these are the persons who are prohibited all persons in the United Kingdom, and all persons elsewhere who are nationals of the United Kingdom or are bodies incorporated under the law of any part of the United Kingdom or are Scottish partnerships.

The order may specify the following (and only the following) as the person or persons to whom or for whose benefit funds are not to be made available

• the person or persons reasonably believed by the Treasury to have taken or to be likely to take the action referred to in section;

• any person the Treasury reasonably believe has provided or is likely to provide assistance (directly or indirectly) to that person or any of those persons. A person may be specified under subsection (3) by being named in the order, or falling within a description of persons set out in the order. The description must be such that a reasonable person would know whether he fell within it. Funds are financial assets and economic benefits of any kind.

Review of order

The Treasury must keep a freezing order under review.

Duration of order

A freezing order ceases to have effect at the end of the period of 2 years starting with the day on which it is made.

Document 3

“Crime and Disorder Act”, 1998 (228 pages). Pages: 3, 35,

SCOTLAND:

Amendments (Textual): Repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 144(2),145(2); S.S.I. 2004/420, art. 3, sch. 1 (with art. 4);

ENGLAND AND WALES:

Amendments (Textual): Ss. 1-1K repealed (20.10.2014 for specified purposes) by Anti-social Behaviour, Crime and PolicingAct 2014 (c. 12), s. 185(1), Sch. 11 para. 24(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art.3(g)(iii)

Modifications etc. (not altering text): S. 1 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73(1), 120(1), Sch. 5para. 4(1)(a)(2)(j); S.I. 2004/1572, art. 3(jjj);

Document 4

“Police Reform Act (PRA)”, 2002 (254 pages). Pages: 72, 86 – 89

1.If a constable in uniform has reason to believe that a person has been acting, or is acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)), he may require that person to give his name and address to the constable.

Any person who—

(a)fails to give his name and address when required to do so under subsection or

(b)gives a false or inaccurate name or address in response to a requirement under that subsection,

is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

2. Anti-social behaviour orders

(1)Section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders) shall be amended as follows.

(2)For paragraph (b) of subsection (1) (authority to be satisfied that order is necessary to protect persons), there shall be substituted—

“(b)that such an order is necessary to protect relevant persons from further anti-social acts by him.”

(3)The words after that paragraph (which specify the authorities who, as relevant authorities, are entitled to apply for anti-social behaviour orders) shall be omitted.

(4)After subsection (1) there shall be inserted—

“(1A)In this section and sections 1B and 1E “relevant authority” means—

(a)the council for a local government area;

(b)the chief officer of police of any police force maintained for a police area;

(c)the chief constable of the British Transport Police Force; or

(d)any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area.

(1B)In this section “relevant persons” means—

(a)in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;

(b)in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;

(c)in relation to a relevant authority falling within paragraph (c) of that subsection—

(i)persons who are on or likely to be on policed premises in a local government area; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises;

(d)in relation to a relevant authority falling within paragraph (d) of that subsection—

(i)persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises.”

(5)Subsection (2)(which is superseded by the provision made by section 66 of this Act) shall cease to have effect.

(6)In subsection (3) (which identifies the court to which an application should be made), for the words from “the place” to the end there shall be substituted “ the local government area or police area concerned ”.

(7)For subsection (6) (nature of prohibitions which may be imposed by order) there shall be substituted—

“(6)The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant.”

(8)In subsection (10) of that section (penalty for contravention of order), for “shall be” there shall be substituted “ is guilty of an offence and ”.

(9)In subsection (12) of that section (interpretation)—

(a)after “In this section—” there shall be inserted—

““British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);”;

and

(b)after the definition of “local government area” there shall be inserted—

““policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949.”

(10)Nothing in this section applies in relation to any application made under section 1 of the Crime and Disorder Act 1998 (c. 37) before the coming into force of this section.

Document 5

“Anti-social Behavior Act”, 2003 (86 pages). Pages: 2, 8 – 9

Anti-social behaviour: landlords' policies and procedures

(1)In Part 8 of the Housing Act 1996 (c. 52) before section 219 (power of Secretary of State to give directions as to certain charges by social landlords) there is inserted the following section—

“218AAnti-social behaviour: landlords' policies and procedures

(1)This section applies to the following landlords—

(a)a local housing authority;

(b)a housing action trust;

(c)a registered social landlord.

(2)The landlord must prepare—

(a)a policy in relation to anti-social behaviour;

(b)procedures for dealing with occurrences of anti-social behaviour.

(3)The landlord must not later than 6 months after the commencement of section 12 of the Anti-social Behaviour Act 2003 publish a statement of the policy and procedures prepared under subsection (2).

(4)The landlord must from time to time keep the policy and procedures under review and, when it thinks appropriate, publish a revised statement.

(5)A copy of a statement published under subsection (3) or (4)—

(a)must be available for inspection at all reasonable hours at the landlord’s principal office;

(b)must be provided on payment of a reasonable fee to any person who requests it.

(6)The landlord must also—

(a)prepare a summary of its current policy and procedures;

(b)provide without charge a copy of the summary to any person who requests it.

(7)In preparing and reviewing the policy and procedures the landlord must have regard to guidance issued—

(a)by the Secretary of State in the case of a local housing authority or a housing action trust;

(b)by the Relevant Authority under section 36 in the case of a registered social landlord.

(8)Anti-social behaviour is any conduct to which section 153A or 153B applies.

(9)Relevant Authority has the same meaning as in Part 1.”

(2)In section 36(2) of that Act (functions of the Housing Corporation relating to guidance and corresponding functions relating to Wales) after paragraph (h) there is inserted the following paragraph—

“(i)the policy and procedures a landlord is required under section 218A to prepare and from time to time revise in connection with anti-social behaviour.”

Parenting orders under the 1998 Act

(1)Section 8 of the Crime and Disorder Act 1998 (c. 37) is amended as follows.

(2)For subsections (4) and (5) substitute—

“(4)A parenting order is an order which requires the parent—

(a)to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and

(b)subject to subsection (5) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.

(5)A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.”

(3)After subsection (7) insert—

“(7A)A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) above may be or include a residential course but only if the court is satisfied—

(a)that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing any such repetition or, as the case may be, the commission of any such further offence, and

(b)that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.”

Document 6

“The Terrorism Act”, 2000 (323 pages). Pages: 12, 42, 44

Terrorist property.

(1)In this Act “terrorist property” means—

(a)money or other property which is likely to be used for the purposes of terrorism (including any resources of a proscribed organisation),

(b)proceeds of the commission of acts of terrorism, and

(c)proceeds of acts carried out for the purposes of terrorism.

(2)In subsection (1)—

(a)a reference to proceeds of an act includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other rewards in connection with its commission), and

(b)the reference to an organisation’s resources includes a reference to any money or other property which is applied or made available, or is to be applied or made available, for use by the organisation.

Terrorist investigation.

In this Act “terrorist investigation” means an investigation of—

(a)the commission, preparation or instigation of acts of terrorism,

(b)an act which appears to have been done for the purposes of terrorism,

(c)the resources of a proscribed organisation,

(d)the possibility of making an order under section 3(3), or

(e)the commission, preparation or instigation of an offence under this Act

Duration.

A designation under section 33 has effect, subject to subsections (2) to (5), during the period—

(a)beginning at the time when it is made, and

(b)ending with a date or at a time specified in the designation.

(2)The date or time specified under subsection (1)(b) must not occur after the end of the period of 14 days beginning with the day on which the designation is made.

(3)The period during which a designation has effect may be extended in writing from time to time by—

(a)the person who made it, or

(b)a person who could have made it (otherwise than by virtue of section 34(2)).

(4)An extension shall specify the additional period during which the designation is to have effect.

(5)A designation shall not have effect after the end of the period of 28 days beginning with the day on which it is made.

Police powers.

(1)A constable in uniform may—

(a)order a person in a cordoned area to leave it immediately;

(b)order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;

(c)order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;

(d)arrange for the removal of a vehicle from a cordoned area;

(e)arrange for the movement of a vehicle within a cordoned area;

(f)prohibit or restrict access to a cordoned area by pedestrians or vehicles.

(2)A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).

(3)It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.

(4)A person guilty of an offence under subsection (2) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding three months,

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.

Document 7

I need to tell you the truth; you wouldn’t understand the pressure that I have been under. (2) I am terrified of the others; I have been threatened with personal injury. (3) I know they will do it but even so I must tell you the truth. (4) I was at the farm when that lad, the paper boy was killed. (5) I was upstairs searching for something of value, anything, money or coins. (6) Four of us had gone to the farm. (7) There were two motors, a blue Cortina Estate, which I went in with Vinny Hickey who was driving and his relation Micky. (8) I sat in the back. (9) Jimmy Robinson drove a Van I think it had a white top, it belonged to someone in the Dog and Partridge, he borrowed it for the job. (10) We arrived at the farm first and waited for Jimmy who arrived shortly afterwards. (11) We parked both motors away from the farm and walked down to the farm. (12) We didn’t all go together, me and Vinny walked down first. (13) We waited and the others joined us. (14) Jimmy broke in through a window and loosed us in. (15) They went downstairs and I went upstairs by myself. (16) I searched the bedrooms I remember taking the drawers from some furniture and after searching them I stacked them one on top of the other. (17) I had been drinking and cannot remember the exact time I was there but whilst I was upstairs I heard someone downstairs say be careful someone is coming [sic]. (18) I hid for a while and after a while I heard a bang come from downstairs. (19) I knew that it was a gun being fired. (20) I went downstairs and the three of them were still in the room. (21) They all looked shocked and were shouting at each other. (22) I heard Jimmy say, ‘It went off by accident’. (23) I looked and on the settee I saw the body of the boy. (24)There was a lot of mess, but I’m sure that he was shut in the head. (25) I was appalled and felt sick.

Document 8