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Division Courts Decision - Case Study Example

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In the paper “Division Court’s Decision” the author discusses the case of Susan’s offense under the Deer Act of 1991, which lies in the use of a prohibited weapon since the javelin would qualify under Section 4(2) (b) of the Act as construing an offense if used…
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Download file to see previous pages Justice Act in the commencement of ss 108 to 117 and Schs 6 and 7 and the lawfulness of the Secretary’s Act in failing to fully implement its provisions. The second issue concerned the question of whether the Secretary had been guilty of an unlawful Act by exercising his prerogative and implementing a non-statutory tariff scheme when ss 108 to 117 represented the will of Parliament in regard to compensation for victims of criminal injuries, and whether he had thus breached his common law powers.

3(a) In 1988, a new non-statutory Criminal Injuries Compensation Scheme was set out under ss 108 to 117, 6 and 7 of the Criminal Justice Act of 1988. According to this scheme compensation for victims was calculated on a basis in a manner similar to common law damages. According to Section 171(1) of the Act, these sections were to come into force on a day set up by the Secretary of State, through an order made by a statutory instrument. However, instead of making this order, the Secretary chose to introduce a new tariff scheme for compensation of the victim, which calculated damages according to the category of injury and on 9th March 1994 to was announced that the new tariff scheme would take effect from April 1, 1994. The applicants, who were members of various unions and were often the victims of such injuries, applied to the Divisional Court for judicial review of the Secretary’s actions and to declare that the tariff scheme was unlawful. The Queen’s Bench Divisional Court (Staughton LJ and Buckley J) refused relief and the Appellants applied to the Court of Appeals for a declaration that the Secretary’s actions were unlawful.

(b) The new nonstatutory tariff scheme calculated compensation on a flat rate basis according to the category of injury under common law. It did not take into account individual circumstances of a particular case, neither did it take into account factors such as special damages or loss of earnings. ...Download file to see next pagesRead More
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