UK Law

When you have been tried and found guilty in the United Kingdom for whatever offense it is very important to understand certain things about the criminal appeal process. This process is one that can take a long time and for many there are quite a few misconceptions about how it is conducted. Having a clear picture of what you can and cannot do is important to how you handle your case and whether or not you will succeed should you go forward with one.

The first thing you should know is that the criminal appeal is not about getting a retrial and you will not be reviewing all of the evidence you brought forward reheard again. Instead the appeal is a hearing that allows you to attack the judgment on some legal ground that you feel was an error that happened during your original case. What normally happens in this case usually happens in which the attorneys will produce briefs showing proof that some error happened, and the other attorney will prove that this is not so. Therefore none of the facts of the case will change; you will simply prove that there was some problem that should be addressed during your original trial.

Another thing you should learn is that getting a notice of appeal does not mean that you have received an appeal or that it is too late to file the appeal. The notice of the appeal simply means that the court has decided that it will appeal and that within ten days the appeal needs to be entered. In most cases the appeal will be will be entered from the date your attorney has been hired. However, you should definitely not wait until the ten days to decide if you want to appeal, and gets the process going as soon as possible by talking to an attorney quickly. It is easy to file the appeal and you will want that choice so don’t miss the due date.

Some people also have the misconception that a criminal appeal will be done quickly, however for the most part this process takes a very long time due to the overcrowded condition of the court. In most cases, the process may take a year at the least and could be even longer than that. The process takes a long time as the Judge who must read your appeal is usually very busy and will not be able to get to your case as quickly as you would like.

Lastly keep in mind that your case will be expensive, you will need to be prepared to pay high fees to both the court and to your attorney. It is hard to predict just how much it is going to cost so be sure that the funds are available. If your appeals are denied you will still be responsible for those funds, and subsequent appeals may cost additional monies. 

When you are a writer in the United Kingdom, you will definitely be interested in how the UK copyright law works to protect your particular work, whether it is intellectual property or design patents, copyright protects your rights so that others cannot use or steal your work.

In the UK, the use of copyright is as old as the common law itself, being a part of the “Statute of Anne 1709” where the protection of intellectual property was paramount to protect those who designed or created something that could be sold. It gave way to the “Copyright Law of 1911” then to the current law “Copyright, Designs and Patents Act 1988”. This law provides the control and rights of this particular property to its creator, and covers those who create literary works, musical pieces, artistic pieces, drama, recordings of music and films to name a few. The laws cover who has the right to broadcast or even to perform the works of the people who originally created them, as well as the rights to sell, rent or distribute these pieces.

There are many different types of work that are covered in the copyright law such literary works which includes books, eBooks and in some cases audio books as well. It protects programs, magazines, newsletters and printed news sources and it also extends to the manuscripts and the manuals written but not yet published. This means that if you wrote it, then you are the rightful owner and you have the control over anything that you have written.

Another thing that is covered when you are the creator of intellectual property throughout the United Kingdom is dramatic and musical pieces that have been written or composed by you. These includes plays you have written, dances that you have created, recordings of music you have made and the score to that music also.

If you happen to be an artist the copyright law also protects your works of art which includes sculptures you have made, buildings you were the architect for, the logo you designed for your company as well as the pictures you took of your children. Also covered in this law are films or movies that have been created All of these things are protected in the Copyright law of the UK.

In 1992, computer programs were added to the list of things that were covered in the list of items that are covered in the copyright laws through the “Copyright Regulations 1992”. So if you designed it created it or wrote it you will be safe from those who would steal it, sell it or pirate (computer programs) it, by using the UK copyright laws.

In most countries, there are laws that require establishments to close at a certain hour and to remain closed for a set number of hours. Some of these establishments may be able to open, but may face alcohol restrictions, which means that while they may open their doors, they must wait till certain times to serve the alcoholic beverages. However this is not the case in the UK, where the law allows alcohol sellers in Wales, Scotland and England to apply for a 24 hour, 7 days a week license.

Some people have extremely different opinions about what they think will happen if all of the pubs and bars will be able to serve alcohol 24 hours a day, every day of the week. Some of these people believe there will be a higher amount of alcohol induced disturbances, which will cause more crimes and misbehavior. While others believe the situation will be completely the opposite. They believe that there will be fewer incidents, than there is when you have large crowds of drunken people on the street at the same time. The thinking is that allowing people to leave at different times will keep down the amount of drunken incidents.

The law itself allows these venues to have more flexible hours up to 24 hours a day. The stipulation is that these bars and pubs to make an application then they must allow the local police and the members of the surrounding community a chance to object to the hours. Additionally, once a pub has obtained the license for the additional hours should have incidents of disorderly conduct, they will be required to pay the price of any extra police services needed to maintain the peace.

When you are looking for information regarding new laws or doing research about the old laws it is important to know where you can find the laws pertaining to the United Kingdom’s English law. In the search for English law you will find that there are numerous areas to find the information. Most places will have the law as written while others will index new laws as well as the old laws. You can look in numerous places such as legal periodicals, citations, encyclopedias, dictionaries, digests, and treaties. Each will give you an idea of what is going on in law today, and if you are a solicitor, you will have all of these sources to use for your research.

Periodicals

Many of the laws followed in England are indexed in periodicals; you may find what you are looking for in the “Current Law Index”, the “Index to Legal Periodicals” and many others. There are also many online legal periodicals that will help you to find out what the laws are such as Westlaw.

Citations

You can find many new citations online through databases such as Westlaw, Key Cite and Shepard’s. If you are looking for a specific case you may want to learn to use one of these different systems. You may also find that you can find these citations in print by using the “Current Law Case Citator”.

Encyclopedias

You can find that many encyclopedias may have some of the information you seek, preferable the “Halsbury’s Laws of England”, which contains most of the information you may be looking for including common law practices, statutory law, case law and other instruments of the law that governs England.

Dictionaries

There are many legal dictionaries but if you really want in-depth information you may try the “Shroud’s Judicial Dictionary” or the “Jowett’s Dictionary of English Law”. They both contain cited statutes and some cases to explain the different definitions. With these dictionaries you may also find where you can find more laws for your particular subject.

Digests

For the most part there are a wide range of digests throughout England; however the one that is best for what you are looking for is the “English and Empire Digest”. In these digests you will find that the cases are cited by their case numbers that make them much easier to find when you are looking to make your case or complete your law school assignment.

Treaties

There are many different treaties that give you information about the laws you may need for your study the best ones are the “Command Papers”. These will give you any updated treaties that may have come about throughout the year.

When you have decided that you have found your significant other, you will want to know all the laws that apply to you taking that person to be your lawful spouse in the United Kingdom. There are some interesting laws that apply to everything from your engagement to the type of ceremony that you have when you are about to get married.

When you are asked to get married in some countries you will find that the engagement is like a verbal contract, in which your future spouse has promised that they will take your hand in marriage, however this is not so if you live in the UK. You can’t sue your mate if he or she decides that they have had a change of heart and now no longer want to marry you.

There are also laws about getting married; one that stands out the most is that no one can force you into married. Your parents can’t make you get married because you are pregnant, and your father can’t force him to marry him for that reason either. You must be 16 years of age or older in order to get married in the UK even if you have parental consent. You can’t get married if you are already married. You can’t marry your first cousin, or any really close relatives, and lastly you will need two people to witness you and your mates wedding.

While you can’t personally marry two people in the UK, they will recognize your right to stay married if you got married in an area that recognizes those types of marriages. Otherwise bigamy is illegal in the UK.

You can change your name if you are a woman, but it is not a requirement, however you can use your last name and that of your husband to create a hyphenated name such as Johnson-Stevens.

In the UK same sex marriages are not recognized as a marriage but they are called civil unions or partnerships which give the couple all of the rights afforded to a couple who are actually married.

You must be married by someone who is legally allowed to marry you and to have that person register your wedding in the particular district that you were married in. This means that you may be married in the Registry Office, or you can get married in any church throughout the UK as long as the person who married is a Registrar and can register the nuptials in the registry.

All over the world new babies are born every day and everywhere new parents must register the birth of that child or of their children in the case of multiple births, however some parents have no idea, especially first time parents, how this process is supposed to work. However in the UK it is particularly easy to find the information about what you should do at the time of your new bundle of joy’s birth.

It is very important to register the birth of your child so that your baby is recognized by the local and other government officials, as well as helping your child go to school. Also your child birth certificate shows when, and where your child was born, as well as who were its parents. In some legal cases, it is used to settle legal issues such as parentage and in some cases which doctor was present at the time of birth, who can give insight into the conditions of that birth.

When your child is born in the United Kingdom you have exactly forty two days to register the birth of your new child, which means that within the allotted 5 weeks the government should have the information about your child. You can register the child through the “Office of Births, Deaths and Registers”; this must be done in the area (district) that your child was born in. This does not mean in the area that you live in unless you gave birth to your child in that area, it means where you physically gave birth.

There are only certain people who can register your child’s birth in the United Kingdom, so you will not be able to ask your sister to do it unless she has been selected ahead of time or been confirmed. Only the child’s mother will be able to register the child if the mother and father are not married, and if they are then the father may also register the child. Additionally if the mother and father are not married then the father’s details can be added to the birth certificate if he is at the registration with the mother and he agrees to add his details.

When you make your child or children’s birth certificate in the United Kingdom, you will need to provide certain information that must be correct and legal at the time of registration. This information includes, the day you gave birth to your child, where that child was born, what the sex of the child is, first, middle and last name of the child, and the parent’s information. When filling in the parent’s information you will need to include the name, the current date, where the mother or the father was born, and the occupation of either parent at the time of the birth.

In the United Kingdom, there are some laws that are broken by those that have not reached the age of majority, so it is important to know what age a child can be prosecuted within the United Kingdom. Throughout the United Kingdom the law for certain parts have different laws concerning the age in which a child can be prosecuted, however if you live within England and Northern Ireland the law for this type of prosecution starts at age 10.

In some areas the nature of the crime is usually the deciding factor of how young or old a child is before they are prosecuted. For the most part in the United Kingdom, if the crime causes harm to another or if the murder occurs then most assuredly the child will be charge for the crime as severely as any adult who commits a similar crime. There have been many cases in which children that have killed other children whether on purpose or by accident and they have been charged and convicted as if they were an adult. With these laws in place it means that the child no matter how old they are must be responsible for their actions. 

In some cases there are some children who may commit an offence which is considered to be anti-social behavior, in which they will be given an order called the “Anti-Social Behavior Order”, with this order if your child commits offenses such as bullying other children, if they commit acts of vandalism on private or public property, if they are found to be joy riding in a stolen vehicle, in the act of some sexual impropriety, acts of thefts, being caught with alcoholic beverages, and acts of burglary, that child may receive one of these orders. This list is not complete but it does show the range that the law looks at when deciding to issue your child the “Anti- Social Behavior Order’.

Throughout the years drug possession and sales in the UK has become one of the major problems in the area. Because the drug problem has had such a profound affect and often leads to more crime, many laws have been passed to curb what could have become a dangerous situation in the United Kingdom.

In order to deal with the problem of drugs, a piece of legislation called the “Misuse of Drugs Act of 1971” which helped to restrict and control drugs such as heroin, cannabis, morphine, LSD and amphetamines. Over the more recent years, new legislation has been added to help the original laws such as the “Intoxicating Substances Act of 1985” and the “Drugs Trafficking Offenses Act of 1986.”

The Drug law in the United Kingdom changed the face of criminal law by making changes to how these people were arrested, whether or not they were detained, how police were allowed to question them and how they were prosecuted for this type of crime.

The main change came with the classification of what constituted an illegal drug. The “Misuse of Drugs Act” shows how dangerous these particular drugs are and classified them into groups (A, B, and C). These drugs are updated when new drugs are detected. With the new classification of these drugs, a new sentencing structure was also adopted.

The new structure broke the drugs down into three categories:

·         Class A: These drugs include cocaine, heroin, methadone, opium, PCP, and many more. These are considered the worse of illegal drugs and possession of them could bring the person a stiffer penalty than someone who is caught in possession with the other classifications of drugs.

·         Class B: These include amphetamines and barbiturates and a few other drugs that are usually only prescribed by a physician. While possession of these are not usually illegal as long as you have a prescription, it is illegal to sell them to someone who does not possess that prescription, or if you are caught in possession of them without a prescription.

·         Class C: These are usually legal and can be possessed as long as they are in form of medication.

All over the world one of the most explosive issues has been women getting an abortion; many people have the idea that a woman should be able to control her body, while others think that eliminating an unborn child is the same as murder. In the UK, this is a hotly debated issue for the members of the House of Commons and the House of Lords. The topic is debated primarily because at this point the law allows this activity and many people do not agree with it. Throughout the United Kingdom women are allowed to get an abortion in the areas of England and Wales, up until the women is approximately 24 weeks along in her pregnancy, and is not allowed for those further along. A woman has only to get a consultation from two different physicians who give her a written consent.

The reason so many people are now really upset is because there is a new proposal on the table regarding the law to get the abortion. In this proposal a woman has only to take a pill that will terminate the pregnancy. The people see this as a way for young women to use abortion as a birth control method, additionally it keeps women from getting all the facts that they need to keep the child or having time to think about it. Instead they will simply go to a doctor and be done with the pregnancy.

While the laws of the country are out of date concerning abortion, the new law that they are working to pass is equally as concerning as the first. At least with the original law a woman has the chance to think about her decision, and to make it accordingly. Some may believe that this will help teenagers who get pregnant rid themselves of an unwanted pregnancy, however it also will give young girls the okay to have premarital sex without the use of protection, because they will not be concerned about the possibility of getting pregnant.

There are three systems of law that are applicable to the United Kingdom and which you will follow depends solely on where you live. For some who live in England or in Wales the law that they will follow is English Law. Those who live in Ireland will follow the law of Northern Ireland, while those who reside in Scotland live by the Scots law. Each law is different and unique in their own way, while each maintains its similarities.

The English Law

The system that is known as the English law throughout the United Kingdom is used in both England and in Wales. This system has no constitution and there is no real codification of the statutes of the English law, therefore once a statute is approved by the Parliament, that means that is law and will not be reviewed by the individual courts. Therefore there is no reason to ensure that the law is following the laws set by the constitution.

The system of the English law is overseen by the highest court in the land which is the House of Lords, both the civil and the criminal laws are heard in this house. There is a Court of Appeals in both the civil and criminal processes that hear appeals to cases. The High court and the Crown Court both have the original jurisdiction and they also have the appellate jurisdiction, over cases that they feel are too complex for the lowest courts which are the County and the Magistrate courts.

Northern Ireland Law

Common law is the basis for the Northern Ireland System of Law. It deals primarily with both civil and criminal matters and is very much like the English law.

The Scots

Scots law is very different from the other two laws and takes it basis from the law of the Romans. It comes from civil law and has a few parts from the common law practiced during medieval times. Scotland’s laws are its own and are very different from the laws maintained by the other two systems. The laws created in 1707, which are called the Acts of Union allowed the Scottish law to maintain its own structure.

Each of these law systems ensure that the United Kingdom gives its residence fair and equitable treatment by ensuring the rights of its people. Additionally, they are constructed and kept through acts of parliament, which brings new laws and statutes for its people to follow. If you are planning to study law in the UK, knowing the right laws to study is quite important for the areas solicitors and barristers to become knowledgeable in the subject of law throughout the three systems.

If you were married in England or Wales but you have decided to get a divorce, however you may live in a different area of the world, then you would then have to file for an expat divorce. This is where a person who lives in one area of the country but legally resides in another. Unlike an immigrant, you will find that Expatriate spouses will not live in the country as you therefore making it particularly hard to file for divorce. If you must get an Expat Divorce you will need to know how the process works in the United Kingdom.

The first thing you will need to know is that you will need to be from England or Wales in order to file for divorce if you are living in another country and you want to be able to use the courts in the UK for your expat divorce.  You can also file for an expat divorce if you have not lived in the UK for a few years and you have only just returned. If you have been living in the UK for several years and you come from somewhere else you will need to file for an expat divorce. Lastly if your spouse lives in another country and disputes the terms of your divorce then you will need to get an expat divorce. These are just a few of the rules you will need to address when you are trying to find out what kind of divorce you will need to get in the UK.

 Besides having the correct domicile for you to get an English divorce you will also need to have the right solicitor for the job, they will know whether or not you are able to get your divorce in the UK and will give you the consultation to ensure that you know what the procedure is and how to proceed with all the paperwork and filing all of the information with the correct court. By suing a solicitor and the courts in the UK, you will be able to get this done fairly quickly, especially since it usually takes a long time to get an Expat divorce, so knowing the proper procedure makes it much easier.

There are a few very important things you will need to consider when you get an expat divorce in the UK, such as important items such as property that you may own in another country. You will need to realize that your divorce in the UK may not cover whether or not you have assets in another country or the property may not be equitably split in the UK for that country. You may also have some issues with child support and alimony type payments for the country other than the UK. Other than these issues you can get property owned in the UK split between the two spouses if the property is located within England.

 For more information you can check out Fact Sheet - Can I Divorce in the UK.

When you get a divorce or your child is in danger, it is very important to have a good idea about the current child custody laws in the UK. There are some very important rules to the child custody laws that include who has legal custody of your child, who has sole custody or whether you and your spouse have joint custody and information about having physical custody that you should understand when the custody issues of your child are unresolved.

There are several kinds of custody you should know about when you get ready to fight for the custody of your child or children. Physical custody means that the parent who has the child at this particular time has the legal rights to ensure the safety and well being of the child. Joint custody means that both parents are responsible for the care of the child, during the prescribed time that that child is with that parent. Legal custody means that person who is responsible for all of the decisions made about the upbringing of the child and lastly sole custody means that only one parent has any custodial rights to the child.

When you have physical custody of your child in the UK, it means you are in charge of that child’s everyday care. The other parent (non-custodial) who has visitation does not have the physical custody until the child is in there care on the weekend or holidays. The primary care giver by law usually maintains the everyday care and upbringing of the child.

Legal Custody is given to the parent is given to the parent who will make the long term decisions for the child. Unlike physical custody which defines where the child lives, legal custody refers to who has the right to decide what doctor the child sees, what school they go to, what religion they practice and every other important decision in the child or children’s lives. With this type of custody the parent is totally responsible for the raising of the child.

When you and your ex-spouse decide that joint custody is right for your child then you will both have equal responsibility of the child when that child is in your care. Sometimes the parents will have different times when the child will be in there custody such as the mother may have 6 months out of the year and the father may take the child the remainder of the year.

In January of 2004, the United Kingdom’s use of the European Arrest Warrant and its UK Extradition Act 2003 came into effect, it gives you an idea of how the UK and other countries which are a part of the European Union will conduct extradition through the European Countries and the way it will handle them to countries outside of these.

This is an warrant that allows a person who is suspected of any crime to be transferred for detention and subsequently trial throughout any part of the European Union, with this arrest warrant the actual extradition process is sped up to allow the criminal case to be handled quickly. The arrest warrant is made by a member of the court to arrest a criminal and to surrender that person to the state where the crime was originally committed. It means that the wheels of justice move that much faster throughout the United Kingdom. It is used for the criminal prosecution, for the actual custodial sentence or for a detention order. It only applies if the criminal act has a year long sentence or more and must have a prison term of more than 4 months.

In order for this to be issued, a judicial authority must make the decision, through requests that are made by the District Judge in England and Wales, by a sheriff in Scotland and by a Justice of the piece, crown court judge and a resident magistrate in Northern Ireland. It can only be executed it must be done by a District Judge who was designated by the Lord Chancellor in England and Wales, a sheriff from the Lothian and Borders area in Scotland and the resident magistrate who was designated by the Lord Chancellor in Northern Ireland.

To make this action official a country must receive the request and any other supporting documentation before such as decision can be made. Once done the suspect will be released into the care and custody of the country where the crime was committed to be tried and sentenced. This process is extremely easy and can be accomplished relatively easy dependant on the amount of cases that are being seen. However, should one of these countries make this request it is usually granted unless the crime only carries a short sentence and no prison time. If a person finds that they are being arrested they will be sent to the other country for the trial.