Where a person is subject to either a restriction order1 or a restriction direction2, the responsible clinician3 must at such intervals (not exceeding one year) as the appropriate authority4 may direct, examine and report to the Secretary of State on that person: every report must contain such particulars as he may require5. If the Secretary of State is satisfied that a restriction order6 is no longer required for the protection of the public from serious harm, he may direct that the patient7 cease to be subject to the special restrictions applicable where such an order is in force8, and
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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