The [ statute ]does not purport to set out in comprehensive form the whole of the law relating to these defences: it does not, for example, codify all the provisions of either the common law defence or the statutory defence under the Criminal Justice Act 1967 (which remains in force). However, academics such as Dennis J. Baker and Glanville Williams Textbook of Criminal Law (Sweet & Maxwell, 2015) have adopted the CJIA 2008, s 76 as the basis for the structure of the defences. A similar approach has been taken by judges reviewing the defence in the Court of Appeal: see for example R v Dawes, Hatter & Bower [2013] EWCA Crim 322. Therefore, it appears sensible to adopt the same approach and to use the CJIA 2008, s 76 to give an overview of the defences.
Answer
CJIA 2008, s 76
Tags
#crime #defences #law
Question
The [ statute ]does not purport to set out in comprehensive form the whole of the law relating to these defences: it does not, for example, codify all the provisions of either the common law defence or the statutory defence under the Criminal Justice Act 1967 (which remains in force). However, academics such as Dennis J. Baker and Glanville Williams Textbook of Criminal Law (Sweet & Maxwell, 2015) have adopted the CJIA 2008, s 76 as the basis for the structure of the defences. A similar approach has been taken by judges reviewing the defence in the Court of Appeal: see for example R v Dawes, Hatter & Bower [2013] EWCA Crim 322. Therefore, it appears sensible to adopt the same approach and to use the CJIA 2008, s 76 to give an overview of the defences.
Answer
?
Tags
#crime #defences #law
Question
The [ statute ]does not purport to set out in comprehensive form the whole of the law relating to these defences: it does not, for example, codify all the provisions of either the common law defence or the statutory defence under the Criminal Justice Act 1967 (which remains in force). However, academics such as Dennis J. Baker and Glanville Williams Textbook of Criminal Law (Sweet & Maxwell, 2015) have adopted the CJIA 2008, s 76 as the basis for the structure of the defences. A similar approach has been taken by judges reviewing the defence in the Court of Appeal: see for example R v Dawes, Hatter & Bower [2013] EWCA Crim 322. Therefore, it appears sensible to adopt the same approach and to use the CJIA 2008, s 76 to give an overview of the defences.
Answer
CJIA 2008, s 76
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Open it The CJIA 2008, s 76 does not purport to set out in comprehensive form the whole of the law relating to these defences: it does not, for example, codify all the provisions of either the common law defence
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