LAW

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Legal Terms - Code for Crown Prosecutors Guidance
​issued by the Director of Public Prosecutions to the *Crown Prosecution Service under the


Prosecution of Offenders Act of 1985 outlines the general guidelines to be followed in determining prosecution choices. Crown prosecutors have to be convinced that a prosecution is necessary in the public interest and that there is enough evidence to offer a reasonable chance of conviction.


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Legal Terms - code of practice
1. A set of guidelines that are intended solely for practical use or that establish professional standards of conduct but lack legal authority, such as the Highway Code. The *Office of Fair Trading (now abolished) was tasked with encouraging trade associations to develop and distribute codes of practice to their members as guidance in protecting and advancing the interests of UK consumers under the provisions of the Fair Trading Act 1973 and the Enterprise Act 2002. The Health and Safety and Equal Opportunities Commission, *ACAS, and the Secretary of State for Work and Pensions have all released codes of practice that offer advice to employers, workers, and their representatives on how to fulfill their legal responsibilities in pertinent areas.
In general, a party who violates a code of practice is not immediately subject to legal action or other civil remedies. Nonetheless, it could be used as proof that he hasn't complied with a pertinent legal requirement. 2. Any of the PACE codes, which are those provided by the Home Secretary in accordance with the Police and Criminal Evidence Act of 1984 and authorized by Parliament; these codes have undergone multiple revisions, the most recent of which applies to Codes C and H and went into effect on August 21, 2019. Code A addresses the use of legislative authority by law enforcement to conduct a vehicle or person search without first making an arrest. It also addresses the requirement that a police officer document any stops or interactions. Code B relates to the police's authority to conduct property searches, seize, and hold onto any property or people found there. The guidelines for police officers' handling, interrogation, and detention of individuals within their care are outlined in Code C. Code D

focuses on the primary techniques employed by law enforcement to verify an individual's identity in relation to criminal investigations and the maintenance of precise and trustworthy criminal records. Code E addresses the tape recording of police station suspect interviews. Code F addresses the audio-visual recording of suspect interviews. Section 110 of the Serious Organized Crime and Police Act 2005 altered section 24 of the Police and Criminal Evidence Act 1984, which deals with arrest powers. In police custody, Code H pertains to the detention and interrogation of individuals suspected of terrorism.


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Legal Terms - Claim Production Centre (CPC)
a department inside the *county courts system's administrative framework that produces summonses from frequent county court users, especially utility companies. You may find it in Northampton. Established in 1990 on the same location, the County Court Bulk Centre (CCBC) handles about 90% of all claims electronically these days. The case is moved to the county court in the area if the defendant disputes the claim, all or a portion of it.


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Legal Terms - class gift
a present given to members of a specific group (like "to my daughters") as opposed to to specific individuals (like "to my daughters A and B")


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Legal Terms - classical school of criminology
one of the two *criminology major schools. It dates back to the 18th century and is based on the philosophical theory of *utilitarianism. According to this theory, people are self-aware, rational beings who make their own decisions. When presented with options, they will evaluate the advantages and disadvantages of each and take the course of action that will maximize their enjoyment and minimize their suffering. This explains why there is crime and why a reasonable penal code is required, whereby the possibility of punishment serves as a deterrent to criminal activity. Penalties must be definite, fast, and appropriate for the offense in order to serve as an effective deterrence.
The *positivist school of criminology emerged in the late 19th century as a counter to the classical school. It emphasizes the different social and psychological factors that might lead an individual to commit crimes while downplaying the importance of free choice. The so-called rational choice theory, which emphasizes the opportunistic element in many crimes and the need of monitoring and environmental design (such as improved street lighting) in crime prevention, has brought some elements of the classical approach back to life more recently.


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Legal Terms - class rights
Rights that are granted to an individual for the duration that he holds any shares, or that are attached to a specifically designated class of shares (preference *shares, for example). In the latter scenario, shareholders establish themselves as a distinct class. Class rights typically include the right to *dividends, the return of capital in the event of a *winding-up, or the appointment of directors to the board. Class rights can only be changed with the approval of the affected class (Companies Act 2006 s. 630) or in compliance with a provision in the company's constitutional papers. Affected class members who did not consent to the modification and who own at least 15% of the class's issued shares may file a 21-day notice of cancellation with the court (Companies Act 2006, s. 633).


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Legal Terms - Clause
​1. A section inside a text. A written contract's clauses contain the terms and provisions of the agreement. Subclauses may come after a clause and be numbered 1.1, 1.1.1, etc. Clauses are often numbered consecutively (1, 2, etc.). 2. A section of a *Bill.



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Legal Terms - clean break
The Matrimonial Causes Act 1973, s. 25A, enshrines the notion that, in the event of a divorce, the court should use its discretion to ensure that each spouse is financially independent of the other, provided that doing so is equitable and reasonable. In most cases, this entails the court ordering one spouse to provide the other a lump sum payment rather than ongoing, periodic payments. In reality, a clean break is typically only enforced in situations involving extremely rich individuals, brief childless marriages, or well-established careers for both partners. If the court determines that a party might reasonably adjust to the loss of financial support in the near future, it may also issue a postponed clean break order, which stipulates that periodic payments would stop after a predetermined amount of time. Even after the court has achieved a clean break in a divorce, a parent who is responsible for a child may apply directly to the Child Maintenance Service for a maintenance assessment under the terms of the Child Support Act of 1991.


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Legal Terms -clean hands
A statement from a *maxim of equity states that a person making a claim in equity must do it with clean hands, meaning they must not have any fraud stains on their claim. An someone who wants to enforce an agreement, for instance, can't be breaking it themselves.


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Legal Terms- clearance
A document attesting to a ship's adherence to customs regulations. 2. A written declaration from HM Revenue and Customs stating that a certain proposed transaction is exempt from a particular *anti-avoidance law. The process is only available in situations that are defined by statute, such as when a firm reorganizes its share capital, demerges its trade, or buys its own shares. After approval has been granted (and not

removed), even though the transaction would come under the taxing requirement, the anti-avoidance clause is not applicable to the transaction.




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