Companies Act 2006 in United Kingdom 

Posted by on Jan 17, 2016 in Companies Act |

Palace_of_Westminster,_London_-_Feb_2007

Parliament of United Kingdom

This is the act that Parliament of United Kingdom brought and represents a main source of UK company law. It has nearly 700 pages and 16 schedules. Its purpose is to modernize and simplify the existing company law. Criminal attorney Phoenix can fully inform you about this.

It was much discussed in order how to make it more appropriate to small companies and separate them with statute from large corporations, but after and initiative consideration it was rejected. Same rules will be equally applied both on small and large companies.

The act has four main subjects:

Make an approach to small companies – the basic law is applied only to the private companies, while the public quoted and trade companies must follow the additional requirements.

Provide easier conditions to set up and run company – this comes from the idea to make a UK business market more approachable and desirable for business owners.

banner-business

To enhance shareholder engagement and to create a long term investment ground – these changes are referred only to listed companies and they come from the approach to make directors of these companies more liable to shareholders.

Flexibility for the future – certain parts of the act still gives the right to the Government to make changes on the act by regulations. The key changes in the Act were made in order to regulate and simplify management of private companies.

In communication – every company must use electronic communication when holding a general meeting. Any member may seek a hard copy of the document and it must be provided within 21 days of request.

Age restriction for directors – every director must have 16 years of life, everyone beyond that age limit cannot be appointed at that position. Directors duties are explained and in code of conduct and the code governs how every director is expected to behave.

There are lot of regulations here that should be reviewed, this is a complex set of rules and the main cause for this act is to present United Kingdom as one of the most attractive locations for future business owners. Where they will set up and run their business. The Act surely modernized the previous companies law and abolished outdated legislations.

Read More

Charged with crime – what happens next 

Posted by on Jan 17, 2016 in Charged With Crime |

Crime

banner-white-collar-crimesEvery crime must be penalized with arrest and police report must be filed. After an arrest is made, police must fill in the arrest report and forward it to a prosecutor. The report has all main points of the crime: date, time, location, witnesses, description of the crime, etc.

Based on the report prosecutor can decide what to do next:

He can file a complaint with the trial court, or go to a grand jury and present them the evidence and seek an advice what criminal charges can be brought, or if any should be brought, or decide to do nothing if there are no elements for prosecution.

They usually file criminal charges within three days, although in some jurisdiction this time leap can be shorter, for example: in two days. The swiftness is very important because over the time the circumstances of committed crime can change.

CourtRoom_Generic1

When prosecutor engages himself into a process whether to charge a defendant and which violation he wants to pursue, he must rewind some of the most important factors.

kkGrand jury had the similar role as the regular jury, except that grand jury makes the decision whether some charges should be brought or not and what charges would that be. On the other hand, regular jury only proclaims if someone is guilty or not.

Grand jury reviews the evidence and decides if it’s going to file charges or not, it doesn’t proclaim guilty like regular jury. Grand jury has 23 members. The opinion of the majority prevails; the decision doesn’t have to be ominous. Their meetings are held behind closed doors and they meet secretly. Potential defendants are not allowed to be present while the jury makes its decision, as well as their lawyers.

If for example, the case is a felony and prosecutor omits the grand jury to file a report, then preliminary hearing must be held. On that hearing, prosecutor must demonstrate the state and the judge enough evidence that will support the trial.

If the case is based on charges of the grand jury no preliminary hearing is in need. For more info visit denver Criminal lawyer.

Read More

About Criminal Law 

Posted by on Jan 17, 2016 in Criminal Law  |

Criminal Law

Criminal law is the part of the legal system which is connected with a crime. It regulates social behavior and forbids every conduct that is harmful or endangers other people. This law represents system of rules that classify certain deviant behavior as a crime and that happens when a society or a Government decides that certain conduct is dangerous for wellbeing of other people. This conduct is sanctioned with a fine or with a prison, depending on a crime.


bannerImage-h1k

Most crimes are classified in statute and the have been approved by the federal, state and local legal bodies. For example: if you are conducting some inappropriate behavior like drunk driving or drinking on public place, city may determine what is the punishment for that violation, on the other hand if you decide to rob a bank, considering that bank is federal institution, federal Government will decide the course of that crime.

People who are found guilty whether they admitted it as a “guilty” plea or they were sentenced by a jury can be punished trough fines, imprisonment, probation and community service.

Crimes include felonies like murder and rape, as well as misdemeanors like less serious offences, petty theft and jaywalking. First set of offences is punishable by imprisonment and punishment for that kind of act is from a year up to a several years. For the other set of offences punishment is less than a year expecialy for los angeles abogado criminal.

Criminal Law Lawyer

All statues can be broken down when they are describing criminal behavior. Most crimes include two elements: an act or “actus reus” and a mental state “mens rea”. The prosecutors must prove each element in order to prove prosecuted guilty and he must convince the jury and the judge that every fact that is presented to the court is beyond reasonable doubt.

Read More

Share This

Share this with your friends!