Lord Chief Justice 6 page

2. (in international law) The act of taking control of territory belonging either to no one (peaceful occupation) or to a foreign state in the course of a war (belligerent occupation). Peaceful occupation is one of the methods of legally acquiring territory, provided the occupier can show a standard of control superior to that of any other claimant. Denmark acquired Greenland in this way, and the UK acquired Rockall. A belligerent occupant cannot acquire or annex the occupied territory during the course of the war. Certain provisions for the protection of enemy civilians in the Hague and Geneva Conventions are applied to those parts of the enemy territory that have been effectively occupied. A belligerent occupier must retain in force the ordinary penal laws and tribunals of the occupied power, but may alter them or impose new laws to ensure the security and orderly government of the occupying forces and administration. The government in exile is also regarded as continuing to represent the occupied state in international law without any special *recognition being necessary.

See also poison.

offences against the state

Crimes that affect the security of the state as a whole. The main offences against the state are *treason and *misprision of treason, *sedition (and incitement to *mutiny), offences involving *official secrets, and acts of *terrorism.

offences relating to road traffic

Crimes that are associated with driving vehicles on public roads and related acts. The main offences in this category are *careless and inconsiderate driving, *causing death by careless driving, *dangerous driving, *causing death by dangerous driving, *drunken driving, *driving while disqualified, *driving without insurance, *driving without a licence, *speeding, *ignoring traffic signals, *parking offences, and *obstruction. Some road traffic offences require *notice of intended prosecution. Road traffic offences carry various penalties or combinations of penalties, such as fines, *endorsement of driving licence, *disqualification from driving, and in some circumstances imprisonment. The court may also make a *driving-test order. Many road traffic offences (especially the minor ones) are offences of *strict liability.

See also driving licence; MOT test; road traffic accidents; road tax; seat belt; vehicle construction and maintenance.

offences triable either way

Crimes that may be tried either as an *indictable offence or a *summary offence. These include offences of deception, theft, bigamy, and sexual intercourse with a girl under the age of 16.

When an offence is triable either way, the magistrates' court must decide, on hearing the initial facts of the case, if it should be tried on indictment rather than summarily (for example, because it appears to be a serious case). Even if they decide that they can deal with the matter adequately themselves, they must give the defendant the choice of opting for trial upon indictment before a jury. There are three exceptional cases, however. (1) If the prosecution is being conducted by or on behalf of the Attorney General, Solicitor General, or Director of Public Prosecutions, and they apply for trial on indictment, the case must be tried on indictment. (2) If the case concerns criminal damage or any offences connected with criminal damage (except arson), and the damage appears to be less than £400, the case must be tried summarily. (3) If the defendant is a child or young person, he must be tried summarily unless: (a) he is charged with homicide; (b) he is charged jointly with someone over 17, and it would be better if they were tried together; or (c) he is aged between 14 and 17 and charged with an offence punishable by 14 years' imprisonment or more, and the court thinks that he should be sentenced to a long period of detention.

offender

One who has committed a *crime.

See also first offender; fugitive offender; juvenile offender; repeat offender.

offensive weapon

Any object that is made, adapted, or intended to be used to cause physical injury to a person. Examples of objects made to cause injury are revolvers, coshes, and daggers; objects adapted to cause injury include bottles deliberately broken to attack someone with and sawn-off shotguns. In theory any object may be intended to be used to cause injury, but articles commonly intended for such use include sheath knives (or any household knife), pieces of wood, and stones.

It is an offence under the Prevention of Crime Act 1953 to have an offensive weapon in one's possession in a public place. This offence is punishable summarily by up to six months' imprisonment and/or a *fine at level 5 on the standard scale or on indictment with up to two years' imprisonment and/or a fine, and the court may order the weapon to be forfeited. There are special exceptions for those (such as soldiers or police officers) who carry offensive weapons in the course of duty and in cases of "reasonable excuse", but the defendant must prove that he comes within these categories. Self-defence is not usually a reasonable excuse unless there is an imminent and particular threat.

It is also an offence (finable only), under the Criminal Justice Act 1988, to possess in a public place a bladed or sharply pointed article (other than a folding penknife with a blade of three inches or less). Here, it is a defence to prove that the article was for use at work, for religious reasons (e.g. a Sikh's dagger), or part of a national costume, or that there was authority or good reason for its possession. The 1988 Act also gives the Home Secretary power to prohibit the manufacture, sale, hire, and importation of certain offensive weapons.

See also firearm; weapon of offence; prohibited weapon.

offer

An indication of willingness to do or refrain from doing something that is capable of being converted by *acceptance into a legally binding *contract. It is made by an offeror to an offeree and is capable of acceptance only by all offeree who knows of its existence. Thus, a person giving information cannot claim a reward if he did not know that a reward was being offered. An offer must be distinguished from an invitation to treat, which is an invitation to others to make offers, as by displaying goods in a shop window; and a declaration of intention,. which is a mere statement of intent to invite offers in the future, as by advertising an auction.

See also lapse of offer; rejection of offer; revocation of offer.

office copy

An exact copy of an official document, supplied and marked as such by the office that holds or issues the original. Office copies are generally admissible in evidence to the same extent as the original. Thus office copies of entries recorded at HM Land Registry are used in *conveyancing as evidence of title to registered land, and an office copy grant of probate may be used to prove an executor's right to receive or deal with the deceased's assets.

Office for the Supervision of Solicitors

(OSS)

The body that deals with complaints about solicitors; it was previously called the Solicitors Complaints Bureau.

Office of Fair Trading

See Director General of Fair Trading.

Official Custodian for Charities

A corporation sole created by the Charities Act 1960 for the purpose of acting as a custodian trustee of property held for charitable purposes. It is now governed by the Charities Act 1993 and is currently a member of the Charity Commission staff.

Official Journal

(OJ)

The official organ of the European Union, usually published every day and in each of the official languages of the EU. It is currently divided into two parts. One part (designated L) contains *Community legislation and bears references in the style "OJ\[1997\] L23". The other (designated C) contains proposals of the European Commission, reports of proceedings in the European Parliament, notices concerning matters in the European Court, and other matters of general information; it carries references in the style "OJ\[1997\] C 23". There is a daily supplement containing publication of notices of public works and supply contracts and invitations to tender (See public procurement). The OJ can be bought from The Stationery Office and is published daily on the Internet.

Official Petitioner

The *Director of Public Prosecutions when acting in respect of an application for a criminal bankruptcy order under the Powers of Criminal Courts Act 1973. The power to issue such orders was abolished by the Criminal Justice Act 1988.

official receiver

The person appointed by the Department of Trade and Industry who acts in *bankruptcy matters as interim receiver and manager of the estate of the debtor, presides at the first meeting of creditors, and takes part in the debtor's public examination. In the *compulsory winding-up of a company, he often becomes *provisional liquidator when a winding-up order is made.

official referee

Until 1972, a judicial officer of the "Supreme Court to whom certain matters could be referred, usually cases involving prolonged examination of accounts or large numbers of small items (such as building claims). The office was abolished by the Courts Act 1971 but the functions previously discharged by official referees can now be discharged by *circuit judges nominated by the Lord Chancellor to take official referees' business. The official referee's court is now known as the Technology and Construction Court and official referees as judges of the Technology and Construction Court.

official search

A search, in response to an applicant's *requisition, into the registers of local land charges, the Land Charges Department, or HM Land Registry (as appropriate) in order to disclose any registered matter relevant to the requisition, A certificate is issued by the registrar giving details of encumbrances that the search has revealed. In the case of the land charges register, a purchaser is not bound by any encumbrance that a proper search fails to reveal, the official search certificate being conclusive according to its tenor. If an entry is made in the land charges register after the date of the certificate and before completion of the purchase (other than in pursuance of a *priority notice entered on the register on or before the date of the certificate), it will not affect the purchaser if the purchase is completed within 15 working days after the issue of the certificate.

In the case of registered land, a purchaser seeking to become the registered proprietor is only bound by what is on the register and by *overriding interests. When a purchaser has applied for an official search of the register, his subsequent application to register the document effecting the purchase of the property concerned takes precedence over any entry made by a third party in the register during the priority period (30 days from the time the application for the search was delivered). Should an official search fail to reveal a registered interest, the newly registered owner is bound by that interest, but may be entitled to a statutory indemnity. A local land charge search certificate is valid only at the time it is issued and a purchaser is bound by any local charge registered subsequently. Since December 1990 HM Land Registry has been open to public inspection: it is therefore possible to discover, on payment of a fee, whether any specific property has been or is about to be registered. The registers of local land charges and the Land Charges Department are also open to public inspection.

official secrets

For the purpose of the Official Secrets Acts 1911-89, information that is categorized as a secret code or password or is intended to be (or might be) useful to an enemy. It is an offence to make a sketch, plan, model, or note that might be useful to an enemy. It is also an offence to obtain, record, or communicate to anyone else a secret official code or password or any information or document that is intended to be useful to an enemy. It is also an offence to enter, approach, inspect, or pass over (e.g. in an aircraft) any prohibited place. Such places include naval, military, or air-force establishments; national munitions factories or depots, and any places belonging to or used by the Crown that an enemy would want to know about. For all three offences the prosecution must prove that the act was done for a purpose that prejudices the safety or interests of the state. Even if no particular prejudicial act can be proved, someone may be convicted If It appears from the circumstances of the case, his conduct, or his known and proven character that his purpose was prejudicial to the interests of the state. There is also a . presumption (which may be disproved by the defendant) that any act done within , the scope of the three offences without lawful authority is prejudicial to the state s interests. All three offences are punishable by up to 14 years' imprisonment.

It is also an offence under the Official Secrets Act 1911, section 2, for the holder of a Crown office who has any document or information as a result of his position to pass it on to an unauthorized person, keep it, or use it in any other way that prejudices the state's interests. The information need not be secret or confidential and the defendant need not have realized that harm might result from his act. The offence is punishable by up to two years' imprisonment, and anyone who receives the information knowing or suspecting that it was given in breach of the Acts is liable to the same punishment. It is also an offence to attempt to commit, or incite, or aid and abet any of the above offences and to do any act of preparation for any of these offences. All such acts are subject to the same penalties as the offence they relate to. Thus, for example, buying paper in order to sketch a military installation is a preparatory act carrying a sentence of up to 14 years' imprisonment. .

The Official Secrets Act 1989 replaces section 2 of the 1911 Act (above) with provisions protecting more limited classes of information from disclosure, a member or former member of the security and intelligence services, or a person notified that he is subject to this provision, commits an offence, punishable with up to two years' imprisonment and/or a fine, if without lawful authority he discloses. or purports to disclose any information, document, or other article relating to security or intelligence. Similarly, Crown servants and ??"government contractors are prohibited from making disclosures that damage security services' operations, endanger UK interests abroad, or result in the commission of an offence and from negligently failing to prevent such disclosures. Other offences relate to the disclosure by an ordinary citizen of protected information communicated in confidence by a Crown servant.