- Published on
Legal Terms - dangerous offender
One who, in the court's opinion, poses a serious risk of serious harm to members of the public by committing additional specified offenses, either as a principal or an accessory, is guilty of certain violent or sexual offenses listed in the Criminal Justice Act 2003 (sch 15). Dangerous criminals are subject to an extended sentence of imprisonment, which is a fixed sentence that the defendant must spend at least half of, under a sentencing mechanism established by the 2003 Act. If the Parole Board recommends the defendant's release, he could be freed during the second part of his term. In addition to the Act's provisions for lengthier sentences, dangerous criminals must also undergo extended periods of monitoring, up to
for nonviolent offenders up to five years, and for serious offenders up to eight years. The Powers of Criminal Courts (Sentencing) Act 2000, which provided for "longer than commensurate" sentencing for violent or sexual offenses when it was judged necessary to protect the public from serious harm, and automatic life sentences for offenders convicted of a second serious offense, has been replaced by the dangerous-offender sentencing scheme under the 2003 Act.
One who, in the court's opinion, poses a serious risk of serious harm to members of the public by committing additional specified offenses, either as a principal or an accessory, is guilty of certain violent or sexual offenses listed in the Criminal Justice Act 2003 (sch 15). Dangerous criminals are subject to an extended sentence of imprisonment, which is a fixed sentence that the defendant must spend at least half of, under a sentencing mechanism established by the 2003 Act. If the Parole Board recommends the defendant's release, he could be freed during the second part of his term. In addition to the Act's provisions for lengthier sentences, dangerous criminals must also undergo extended periods of monitoring, up to
for nonviolent offenders up to five years, and for serious offenders up to eight years. The Powers of Criminal Courts (Sentencing) Act 2000, which provided for "longer than commensurate" sentencing for violent or sexual offenses when it was judged necessary to protect the public from serious harm, and automatic life sentences for offenders convicted of a second serious offense, has been replaced by the dangerous-offender sentencing scheme under the 2003 Act.
- Published on
Legal Terms - DA notice
A warning from the Defence, Press, and Broadcasting Advisory Committee asking editors and broadcasters not to publish specific material deemed to be detrimental to national security is known as a "defense advisory notice." The notice may contain information that is not prohibited from publication by the *Official Secrets Acts, even though it is not legally enforceable. For instance, in June 2013, a DA warning was sent out to the media requesting that they refrain from writing about the UK's participation in the US PRISM program, which is an electronic surveillance and data collection initiative. DA notices were referred to as D notices until 1993.
A warning from the Defence, Press, and Broadcasting Advisory Committee asking editors and broadcasters not to publish specific material deemed to be detrimental to national security is known as a "defense advisory notice." The notice may contain information that is not prohibited from publication by the *Official Secrets Acts, even though it is not legally enforceable. For instance, in June 2013, a DA warning was sent out to the media requesting that they refrain from writing about the UK's participation in the US PRISM program, which is an electronic surveillance and data collection initiative. DA notices were referred to as D notices until 1993.
- Published on
Legal Terms - database
a computerized database that is arranged and contains information. In the UK, databases are often covered by *copyright under the EU directive 96/9, which is implemented by the Copyright and Rights in Databases Regulations 1997 and the Copyright, Designs and Patents Act 1988. In addition to the data within the database, copyright protects the organization, layout, and features of the database on the page or screen.
a computerized database that is arranged and contains information. In the UK, databases are often covered by *copyright under the EU directive 96/9, which is implemented by the Copyright and Rights in Databases Regulations 1997 and the Copyright, Designs and Patents Act 1988. In addition to the data within the database, copyright protects the organization, layout, and features of the database on the page or screen.
- Published on
Legal Terms - data protection
protections for personal data, or private information about people kept on computers and in "relevant manual filing systems." The Data Protection Act 1998, which went into effect in 2000, outlined the rights of data subjects, the obligations of data controllers, and the fundamentals of data protection in the UK. The 1998 Act replaced the registration system with a notification system, expanded the scope of protection beyond computer storage, and required
that data controllers should provide a more generic level of description rather to the prior, intricate coding system. The eight data protection principles outlined in the Act are:
1. Personal data must be collected fairly and legally, and the information it contains must be processed accordingly.
2. Personal information may only be retained for certain, authorized purposes and may not be utilized or disseminated in any way that conflicts with those objectives.
3. Any personal information kept for an objective must be pertinent to that goal and not excessive given the purpose or purposes for which it is utilized.
4. Personal information must be true and, if needed, kept current.
5. No personal information is to be retained for longer than is required for any given reason.
6. The processing of personal data must respect the rights of the data subjects.
7. Appropriate technological and organizational measures must be used to prevent the unlawful and unauthorized processing of personal data as well as accidental data loss, deletion, or damage.
8. Transferring personal data to a nation or territory is prohibited unless that nation or territory guarantees a sufficient degree of protection for the freedoms and rights of data subjects with regard to the processing of personal data.
Unless they are exempt, data controllers are required to notify the Information Commissioner of the data they process. The notification period is recurrent every year, and it is illegal for a controller to process data without notifying others of any changes made after the notice period.
When data controllers fail to fulfill their entire set of Act-mandated obligations, the Information Commissioner has the authority to request information from them and, in the end, to take enforcement action against them. The Information Tribunal (now a part of the General Regulatory Chamber of the First-tier Tribunal) is the forum for appeals of Commissioner judgments. In addition to non-notification, the 1998 Act included strict liability criminal offenses such as: acquiring, revealing (or causing the disclosure of), or selling (or advertising for sale) personal data without the data controller's consent;
gaining illegal access to data; requesting unlawful access to data from another person; and not answering information requests and/or enforcement notices.
Significant rights were granted to data persons by the 1998 Act. These rights include: the ability to ascertain what information is held about them; the ability to request a court order to correct, block, erase, and destroy personal details if they are erroneous, contain expressions of opinion, or are based on inaccurate data; the ability to stop processing when doing so would cause them or anyone else to suffer significant unjustified harm or distress; the ability to stop processing data for direct marketing; and the ability to receive compensation from a data controller for harm or distress caused by any Act violations.
A new Act implementing EU regulation 2016/699 (the General Data Protection Regulation, or GDPR) replaced the Data Protection Act of 1998 in May 2018. A more expansive definition of personal data and a stronger focus on accountability and governance concerns are the two primary modifications. Data controllers must keep internal records of their processing activities as proof of their compliance with the new Act.
protections for personal data, or private information about people kept on computers and in "relevant manual filing systems." The Data Protection Act 1998, which went into effect in 2000, outlined the rights of data subjects, the obligations of data controllers, and the fundamentals of data protection in the UK. The 1998 Act replaced the registration system with a notification system, expanded the scope of protection beyond computer storage, and required
that data controllers should provide a more generic level of description rather to the prior, intricate coding system. The eight data protection principles outlined in the Act are:
1. Personal data must be collected fairly and legally, and the information it contains must be processed accordingly.
2. Personal information may only be retained for certain, authorized purposes and may not be utilized or disseminated in any way that conflicts with those objectives.
3. Any personal information kept for an objective must be pertinent to that goal and not excessive given the purpose or purposes for which it is utilized.
4. Personal information must be true and, if needed, kept current.
5. No personal information is to be retained for longer than is required for any given reason.
6. The processing of personal data must respect the rights of the data subjects.
7. Appropriate technological and organizational measures must be used to prevent the unlawful and unauthorized processing of personal data as well as accidental data loss, deletion, or damage.
8. Transferring personal data to a nation or territory is prohibited unless that nation or territory guarantees a sufficient degree of protection for the freedoms and rights of data subjects with regard to the processing of personal data.
Unless they are exempt, data controllers are required to notify the Information Commissioner of the data they process. The notification period is recurrent every year, and it is illegal for a controller to process data without notifying others of any changes made after the notice period.
When data controllers fail to fulfill their entire set of Act-mandated obligations, the Information Commissioner has the authority to request information from them and, in the end, to take enforcement action against them. The Information Tribunal (now a part of the General Regulatory Chamber of the First-tier Tribunal) is the forum for appeals of Commissioner judgments. In addition to non-notification, the 1998 Act included strict liability criminal offenses such as: acquiring, revealing (or causing the disclosure of), or selling (or advertising for sale) personal data without the data controller's consent;
gaining illegal access to data; requesting unlawful access to data from another person; and not answering information requests and/or enforcement notices.
Significant rights were granted to data persons by the 1998 Act. These rights include: the ability to ascertain what information is held about them; the ability to request a court order to correct, block, erase, and destroy personal details if they are erroneous, contain expressions of opinion, or are based on inaccurate data; the ability to stop processing when doing so would cause them or anyone else to suffer significant unjustified harm or distress; the ability to stop processing data for direct marketing; and the ability to receive compensation from a data controller for harm or distress caused by any Act violations.
A new Act implementing EU regulation 2016/699 (the General Data Protection Regulation, or GDPR) replaced the Data Protection Act of 1998 in May 2018. A more expansive definition of personal data and a stronger focus on accountability and governance concerns are the two primary modifications. Data controllers must keep internal records of their processing activities as proof of their compliance with the new Act.
- Published on
Legal Terms - dawn raid
1. An offer made by one or more parties to purchase a sizable number of shares at a price over market value, with the offer being valid for a relatively limited time (sometimes hours). Smaller shareholders might not have much of an opportunity to take advantage of the offer due to the speed requirements. The rate at which these acquisitions can be made is limited by rules. 2. An unexpected formal visit of the *Competition and Markets Authority looking into possible violations of competition law, such as cartels.
1. An offer made by one or more parties to purchase a sizable number of shares at a price over market value, with the offer being valid for a relatively limited time (sometimes hours). Smaller shareholders might not have much of an opportunity to take advantage of the offer due to the speed requirements. The rate at which these acquisitions can be made is limited by rules. 2. An unexpected formal visit of the *Competition and Markets Authority looking into possible violations of competition law, such as cartels.
- Published on
Legal Terms - days of grace
The period of time, prior to the Banking and Financial Dealings Act of 1971, that was added to the payment deadline specified by a *bill of exchange that was not due on demand. Any bill drawn on or after January 16, 1972, must be paid in full on the final day of the due date shown on the bill, or, if that day falls on a nonbusiness day, on the next working day.
The period of time, prior to the Banking and Financial Dealings Act of 1971, that was added to the payment deadline specified by a *bill of exchange that was not due on demand. Any bill drawn on or after January 16, 1972, must be paid in full on the final day of the due date shown on the bill, or, if that day falls on a nonbusiness day, on the next working day.
- Published on
Legal Terms - dead letter
An Act of Parliament that has long since been repealed but is still legally binding in theory. A repeal of this act is anticipated through the act Law Revision Acts.
An Act of Parliament that has long since been repealed but is still legally binding in theory. A repeal of this act is anticipated through the act Law Revision Acts.
- Published on
Legal Terms - de bene esse (well-being)
is the Latin indicating a plan of action that, given the current situation or in expectation of a future event, is the best that can be done. Getting a witness to take a *deposition when it looks likely that he won't be able to attend the court hearing is one example.
is the Latin indicating a plan of action that, given the current situation or in expectation of a future event, is the best that can be done. Getting a witness to take a *deposition when it looks likely that he won't be able to attend the court hearing is one example.
- Published on
Legal Terms - Debenture: A formal instrument acknowledging and outlining the conditions of a loan, usually given to a business. An unsecured loan (a naked debenture) is a possibility. The debenture will typically, however, be subject to a *charge and include the terms of the charge (such as the authority to designate a *receiver or a *crystallization event). To raise money for a project, debentures may be issued in series to several creditors or to a single creditor. If the former, a trust in favor of those creditors may be established and included in the debenture. This makes it possible for the business to designate a trustee for holders of debentures, guaranteeing that the business's financial operations are run in the group of creditors' best interests. *Loan capital is the term for the funds raised through the issuance of debentures. Comparatively speaking, share *capital is held by *company members.
- Published on
Legal Terms - de bonis asportatis
[Latin: of goods carried away] One type of trespass to property )which is not legally separated from other direct infringements on property ownership.
[Latin: of goods carried away] One type of trespass to property )which is not legally separated from other direct infringements on property ownership.
