The provisions of the Police and Criminal Evidence Act 19841 which relate to investigations of offences conducted by police officers or to persons detained by the police are applied, with modifications, to investigations of offences conducted by a service policeman2 under the Armed Forces Act 2006, or to persons under arrest under that Act3. Persons other than police officers who are concerned with the exercise of powers of arrest, search and entry or the investigation of offences under the Armed Forces Act 2006 are required to observe Codes of Practice issued by the Secretary of State4.
Codes of practice have
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An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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