What is Section 142 of the Criminal Justice Act 1988?
Asked by: Joseph Fisher | Last update: January 27, 2026Score: 4.8/5 (44 votes)
Section 142 of the UK's Criminal Justice Act 1988 grants a justice of the peace the power to issue a warrant for a constable to enter and search premises for prohibited offensive weapons, like certain knives, if satisfied that an offence is being committed and specific conditions (like inability to communicate with the owner) are met. This provision aims to tackle the illegal possession and sale of offensive weapons by allowing swift police action against premises suspected of holding them, supplementing other offences related to weapons.
What is Section 142 of the Criminal Justice Act?
1.9 Section 142 of the Criminal Justice Act 2003 sets out the purposes of sentencing for offenders who are over 18 on the date of conviction. That Act was amended in 2008 to add section 142A which sets out the purposes of sentencing for offenders under 18, subject to a commencement order being Page 2 made.
What is the Section 142 Act?
-- For the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.]
What is Section 141 of the Criminal Justice Act 1988?
Section 141 of the Criminal Justice Act 1988 provides that any person who manufac tures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which that section applies shall be guilty of an offence and liable on ...
What is section 139 of the Criminal Justice Act 1988?
Section 1 of the Prevention of Crime Act 1953 and section 139 of the Criminal Justice Act 1988 respectively provide for offences of having an offensive weapon in a public place without lawful authority or reasonable excuse and having an article with blade or sharply pointed in a public place without lawful authority or ...
Section 138 Negotiable Instruments Act | Section 138 Cheque Bounce Case | Dishonour of Cheque
What is the s39 of the criminal justice act?
39 Common assault and battery to be summary offences.
[F1(1)]Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.
Can a judge be charged with obstruction of justice?
Obstruction can include crimes committed by judges, prosecutors, attorneys general, and elected officials in general.
What is section 33 of the criminal Justice Act?
Section 33: Disclosing private sexual photographs and films with intent to cause distress. 332. Section 33 creates a new offence of disclosing private sexual photographs and films with intent to cause distress.
What is Section 36 of the Criminal Justice Act 1988?
Under section 36 of the Criminal Justice Act 1988, if the Attorney General thinks the sentencing of a defendant in the Crown Court is unduly lenient he may refer the case to the Court of Appeal: but only if the sentence is one to which Part IV of the 1988 Act applies, and only if the Court of Appeal gives permission.
What is Section 52 of the offensive weapons act?
This offence can be found in section 52 OWA 2019. It is committed when a person whilst in a private place unlawfully and intentionally threatens another person with an offensive weapon, bladed article or a corrosive substance and does so in a way that means there is an immediate risk of serious physical harm.
What is the burden of proof in Section 142 cases?
Burden of Proof. (a) General: The burden of proof shall be upon the petitioner, except as otherwise provided by statute or determined by the Court; and except that, in respect of any new matter, increases in deficiency, and affirmative defenses, pleaded in the answer, it shall be upon the respondent.
What is the Article 142 Judgement?
Article 142 is a unique provision that lets the SC do 'complete justice' in any 'cause or matter'. Thus, the SC may go beyond the bounds of procedural and substantive law to achieve the 'ends of justice'. However, the Bench cautioned that such exercise is expected to be carried out with due restraint.
What is the significance of Section 142?
Section 142(1) notice of the Income Tax Act grants the Income Tax Department the authority to issue notices to taxpayers for various reasons, primarily when they fail to file their Income Tax Returns (ITR) or fail to respond to earlier notices.
What is the application under section 142?
The income tax notice section 142(1) is an official request from the Income Tax Department asking for more information about your tax filing before the Assessing Officer makes their final assessment. This notice can be issued whether you have filed your tax return or not.
Which type of evidence is not admissible?
Hearsay: Second hand evidence obtained from a third party's experience, generally not admissible in criminal cases.
What are the four levels of culpability?
The four levels of culpability, defined by the Model Penal Code (MPC), are purposely, knowingly, recklessly, and negligently, ordered from most to least severe, establishing a person's mental state (mens rea) for a crime, from intending a result to being unaware of a risk they should have known about.
What is section 39 of the Criminal Justice Act 1988?
Section 39 Criminal Justice Act 1988 (CJA 1988)
Battery is committed by the intentional or reckless application of unlawful force to another person.
What is rule 16 of the Federal Rules of Criminal Procedure?
Defendant's Right to Evidence
Under Rule 16, the defendant has the right to request access to several types of evidence held by the prosecution. This includes any documents, objects, reports of scientific tests, or witness testimony that the government plans to use at trial.
What is the 56 day slip rule?
The slip rule allows an application to be made for the court to correct any sentencing error but this must be done within 56 days. After the time limit has expired, the offender should apply to the Court of Appeal for permission to appeal against sentence in the normal manner.
What is Section 333 of the Penal Code?
Section 333 of Penal Code CAP 63: Attempts to commit arson. (b) wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in that section is likely to catch fire from it, is guilty of a felony and is liable to imprisonment for fourteen years.
What is Section 20 of the Criminal Justice and court Act 2015?
Section 20: Ill-treatment or wilful neglect: care worker offence. 213. Section 20 makes it an offence for an individual who has the care of another individual by virtue of being a care worker to ill-treat or wilfully neglect that individual. The offence will apply in England and Wales.
What is Section 37 of the Crimes Act 1900?
37 Choking, suffocation and strangulation
: Maximum penalty--imprisonment for 10 years. (b) does so with the intention of enabling himself or herself to commit, or assisting any other person to commit, another indictable offence. : Maximum penalty--imprisonment for 25 years.
Can I sue a judge for violating my rights?
In essence, absolute immunity provides these officials with freedom from lawsuits, allowing them to invoke this protection through pretrial motions. For instance, judges and judicial officers in California enjoy a broad scope of absolute immunity that remains intact, even in light of the state's tort claims act.
What is spoliation of evidence?
Spoliation of evidence means the destruction or significant alteration of evidence or the failure to preserve evidence for another's use in pending or future litigation. (Willard v. Caterpillar, Inc. (1995) 40 Cal. App.
How to prove obstruction of justice?
While varying greatly, each obstruction of justice statute typically requires proof that the defendant 1) knew of a government proceeding and 2) acted with the intent to interfere with the proceeding.