Lawful authority Definition

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GLOSSARY

Published by a ��Ƶ Corporate Crime expert

What does Lawful authority mean?

Where an offence is subject to a defence of 'lawful authority' this postulates some legal exception to the general rule.

For example, it is an offence without lawful authority to have in any public place an offensive weapon. It has been held that lawful authority here refers to those people who from time to time carry an offensive weapon as a matter of duty, eg a policeman and his truncheon.

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Interception of communications under RIPA 2000—phone tapping and other criminal offences [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. On 27 June 2018, the provisions of Regulation of Investigatory Powers Act 2000 (RIPA 2000), relating to the unlawful interception of communications data were repealed and replaced by the provisions in Parts 1 and 2 of the Investigatory Powers Act 2016 (IPA 2016). This includes the repeal of offences of unlawful interception under RIPA 2000, s 1 which was replaced by the offences of unlawful interception and making unauthorised disclosures under IPA 2016, ss 3 and 59. For information on the regime relating to the interception of communications under IPA 2016, see Practice Note: Interception of communications under the Investigatory Powers Act 2016.For information on the background and scope of IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide.Where an interception offence occurred before 27 June 2018, it may still be prosecuted under RIPA 2000 despite the fact that the provision has been repealed. Where an offence is committed on or after 27 June 2018, charges should...

Possession of an offensive weapon in a public place

The offence of possession of an offensive weapon in a public placeIt is an offence under section 1 of the Prevention of Crime Act 1953 (PCA 1953) to carry in public an offensive weapon without lawful authority or reasonable excuse. This can be tried in either the magistrates' court or the Crown Court. The magistrates' court will decline jurisdiction in those cases where it appears that its powers of sentencing are insufficient.Elements of the offenceIn order to be convicted for an offence under PCA 1953, s 1, the prosecution must prove that the accused:•has with them•in a public place•an offensive weapon•without lawful authority or reasonable excuseHas with themThe prosecution must prove that the accused had possession of the item. However, the words 'has with them' mean more than mere possession or control of an item. The courts have held that the words mean 'knowingly has with them'. This means the prosecution must prove that the accused had actual knowledge of possession of the item. For further information on the meaning...

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Financial sanctions policy

Financial sanctions policy 1 Introduction This financial sanctions policy sets out the procedures we have developed to comply with financial sanctions requirements made under the UK sanctions regime that apply to our business[ across every jurisdiction in which we operate]. 2 What are financial sanctions? 2.1 Financial sanctions are non-permanent international restrictions aimed at: 2.1.1 encouraging a change in the behaviour of a particular country or regime; 2.1.2 applying pressure on particular countries or regimes to comply with certain objectives; 2.1.3 preventing and suppressing terrorist financing. 2.2 Financial sanctions are also used as a last resort enforcement tool when international peace and security has been threatened. 2.3 Financial sanctions restrict dealings in money and the provision of financial services—they can include the prohibition of funds transfers to and from certain countries, individuals or entities. 2.4 They are designed to have an adverse impact on persons (individuals or corporate entities) that are designated or (for some sanctions) connected with a prescribed country, in a number of different...

Dive into our 1 Precedents related to Lawful authority

Modernising investigatory powers for the internet age

Corporate Crime analysis: Frances Coulson, senior partner and head of insolvency & litigation at Moon Beever, takes a look at the new regime for the retention of and access to communications data under the Investigatory Powers Act 2016 (IPA 2016) and the draft Investigatory Powers (Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018 (the 2018 Regulations).

The lawful interception of communications by businesses

Corporate Crime analysis: The Investigatory Powers Act 2016 and the draft Investigatory Powers (Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018 will enable the lawful interception of communications data by businesses and other bodies for the purposes of monitoring and record-keeping. Carolina Bracken, barrister at 5 Paper Buildings Chambers, examines the requirements under legislation authorising businesses to intercept communications data.

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