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Questions tagged [england-and-wales]

Questions specific to England and Wales

England and Wales, along with Northern Ireland, follow the English system of common law, whereby laws are judge-made.

This is distinct from the legal system of Scotland, which is based on civil law with some elements of common law.

Judges sitting in court apply the doctrine of stare decisis or precedence, which is the principle that like cases should be judged alike - this helps to ensure reliability of the law, and fairness under the law.

Decisions of the Supreme Court of the United Kingdom are binding on every other court, but not on itself. The House of Lords was previously the highest appeals court, until as recently as 1 October 2009.

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Is it stealing if three books are allowed to be taken for free and I take more?

There is a charity shop, which sells nothing but gives books away for free. They do accept optional donations of money, and any books donations so they have more books to give away for free. Upon entering the charity shop, there is a sign saying…
user5623335
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What was the original idea behind the practice of courtroom wigs?

English judges and barristers have for a long time had to wear wigs. What was the intended implied message by the object aesthetic? What was the look of a judge or advocate wearing that type of courtroom wig intended to evoke about the character,…
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Would publicly farting on a picture of the English monarch actually qualify as treason in 1798?

A famous political cartoon from 1798 by Richard Newton claims that farting on a picture of the British monarch would be prosecutable as "TREASON!!!" (caps and multiple exclamation marks in original). Would this act actually qualify as Treason under…
Robert Columbia
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As an employer, can I compel my employees to vote?

Obviously an employer absolutely can't require employees to vote for any particular candidate (or even to vote for any candidate rather than spoiling their ballot), but if it was included as a clause in employees' contracts that they must (in…
Stephen
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Do cats have a "right to roam" in the UK?

I've seen numerous sources, including the RSPCA, making claims along the lines that cats in the UK have a "right to roam", are "free spirits", and therefore that cat owners cannot be held liable for their cat's actions that cause damage. However,…
Jez
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Can a private person deceive a defendant to obtain evidence?

In the 2019 movie "Badla" (spoilers ahead), Naina was accused of committing a murder in the UK, and her trial is in London. She denies the accusation. Her clever lawyer Badal arrives and they have a three hour conversation going over all the details…
KeizerHarm
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What powers do police have to force people onto trains?

It is in the news that police have forced a number of children aged 10 and up onto trains against their will. What powers do police have to require people to board trains?
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Are there any laws against either excessively loud motorcycles or riding such motorcycles inconsiderately in residential areas at night?

Loud disturbing motorcycles are awful but occasionally circle around certain roads after midnight up and down gratuitously if the objective is actually transportation. One would hope that there are laws on the books restricting the legality of such…
TylerDurden
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Can someone be charged with the murder of unidentified victims?

I've been watching "Des", ITV's dramatisation of the arrest and trial of serial killer Dennis Nielsen. The police seem desperate to identify the names of the victims, despite having the bodies of the victims and ample evidence of Nielsen's guilt. …
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What offence if any is committed by guessing a combination entry lock on a door?

If one effectively guesses the correct passcode to the lock so as to open it without causing any damage and then peacefully enters (seemingly a mere civil trespass) the (previously) secured premises, do they commit any criminal offence?
TylerDurden
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What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Abdul’s news and wine gets a delivery of the next day’s papers overnight and he then puts the stack of unsold papers out on the pavement before closing for the publisher to collect and then destroy. When the papers are current, they are sold for £3…
TylerDurden
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Is it illegal to turn off someone’s loudspeakers in public?

Let’s suppose someone goes to a certain street and plays an audiobook recording about their political program every day on the speakers at loud volume. If someone walks up and switches the recording off so that it stops playing and causing a…
JosephCorrectEnglishPronouns
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Under what statute can an English judge 'sentence' someone to read classic literature?

This story in the Guardian claims that a judge has imposed a suspended sentence on someone convicted of terrorism offences and has also insisted that he read classic literature by Dickens, Austen, Shakespeare and Hardy. I assumed that, under English…
Dave Gremlin
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Is there a contract, or was this offer not accepted?

Mr E orders a cake for his wife's birthday at a bakery on his street. On the bakery's window, a sign is up that says, 'Today's special offer! Any customised cake for £50!' Mr E orders a customised cake for £50 at 1 p.m., and he is told by the baker…
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By what provisions are foreign students not allowed to work as deliveroo drivers?

Deliveroo does not allow students even those permitted to work to register as delivery riders. What legal reason is there for this?
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