Elizabeth A Martin - Oxford Dictionary of Law, 5th Ed. (2003)

acts. Custodial sentences may be required to protect the public from further harm, particularly when the crimes involve violence. Sometimes these sentences are also justified as an expression of public condemnation and outrage. Recent thinking replaces the concept of retribution by the belief that sentences should be designed to assist in the rehabilitation of the criminal. To some extent these concepts are accepted in relation to young offenders, and are also reflected in the system of *parole (see also SPENT CONVICTION). Legislators and judges have to bear in mind these concepts in laying down and applying sentences. They must also be aware of society's need for a humane system of criminal justice.

Clearly the extent to which crimes should be punished without proof of *intention or *recklessness (e.g. crimes of *negligence and *strict liability) depends on which theory of punishment one adopts. Parliament has created a large number of so-called regulatory offences (e.g. road traffic offences and offences relating to production of food), which usually do not involve moral guilt and are often punished despite the absence of *mens rea. It is also a matter of considerable controversy whether or not the criminal law should punish morally objectionable conduct that does not obviously harm anyone (e.g. obscene publications and various sex-related offences).

The European Convention on Human Rights (signed 1950) forbids the use of "inhuman or degrading" punishment; this prohibition is now part of UK law as a consequence of the *Human Rights Act 1998 (see DEGRADING TREATMENT OR

PUNISHMENT; INHUMAN TREATMENT OR PUNISHMENT). Similarly, the prohibition on the use

of arbitrary punishment, as set out in Article 7 of the Convention, is now incorporated into the Human Rights Act. This provision makes unlawful the use of criminal penalties that are not prescribed by law.

punitive damages See EXEMPLARY DAMAGES.

pur autre vie See ESTATE PUR AUTRE VIE.

pur cause de vicinage See PROFIT A PRENDRE; COMMON.

purchaser n. 1. (in land law) Any person who acquires land otherwise than by mere operation of law. Thus a purchaser may be a mortgagee or one to whom land is given or bequeathed as well as one who buys land for money or other consideration. A tenant in tail (whose interest devolves upon him automatically on his ancestor's death) is not a purchaser, nor is one who acquires title by *adverse possession. 2. A *buyer.

purchaser for value without notice One who acquires land either in return for money or other consideration having monetary value or under a marriage settlement and who does not know and has no reason to know of an encumbrance that adversely affects the land. Such a purchaser is not bound by certain equitable encumbrances, such as restrictive covenants created before 1926 or the rights of beneficiaries under a trust in unregistered land. However, in order to take free of encumbrances, such a purchaser must act in good faith (bona fide), and, in any event, most equitable encumbrances are capable of registration (see REGISTRATION OF ENCUMBRANCES) and a purchaser is deemed to know of any interest that is registered. Some encumbrances in registered land may be *overriding interests and will bind a purchaser whether he knows of them or not. Legal encumbrances (such as legal easements) always bind a purchaser of the land whether or not he knows of their existence.

purpose trust A trust that is not for the benefit of a human beneficiary and is not a *charitable trust. Such trusts are normally invalid as there is no one to

enforce them; exceptions that are valid include trusts for the benefit of individual animals, for the maintenance of individual graves, and for the saying of masses. The courts, however, may be willing to construe what appears to be a purpose trust (e.g.

a trust for a sports ground to be used by employees of a firm) as a trust for human beneficiaries, and thus valid.

putative father A man alleged to be the father of an illegitimate child. If the court accepts the mother's allegations, the man is declared the putative father and may be ordered to make periodical payments for the maintenance of the child by the Child Support Agency (see CHILD SUPPORT MAINTENANCE) or to pay a lump sum by the court. The putative father's name may also be entered on the child's birth

certificate. See also ILLEGITIMACY.

defence for the accused to prove that he was unaware of the material's contents and did not suspect that it was threatening.

(3) Presenting or directing the public performance of a play that involves the use of threatening words or behaviour. The actual performers do not commit or *aid and abet the offence, and recordings or broadcasts of plays can only involve the offence if outsiders attend. It is a defence for the accused to prove that he was unaware and had no reason to suspect that (a) the performance would involve use of the threatening words, or (b) the offending words were threatening, or (c) racial hatred would be likely to be stirred up during the performance.

(4) Distributing, showing, or playing a recording of visual images or sound to the public. It is a defence for the accused to prove that he was unaware of the recording's content and did not, and had no reason to, suspect that it was

threatening.

(5) Providing, producing, or directing a radio or television programme involving threatening images or sounds. The offence is limited to broadcasts by satellite, community radio services, cable, pirate stations, and the like; it does not extend to BBC or lEA programmes. It is a defence if the accused can prove either of the following: (a) that he was unaware and had no reason to suspect that the offending material was threatening; or (b) that he was unaware and had no reason to suspect that (i) the programme would involve the offending material and that it was not reasonably practicable for him to remove the material or (ii) the programme would be broadcast or that racial hatred would be likely to be stirred up by it. Defence b(ii) is unavailable to those providing the broadcasting service. A broadcaster who uses the offending words can also commit the offence; defences (a)and b(ii) are available

to him.

(6) Possessing threatening written material or a sound or visual recording with a view to its being distributed or broadcast, or (written material only) published, or (a recording only) shown or played. The offence does not extend to the BBC or lEA, and defence (a) above is available. The police are given entry and search powers in connection with the last offence.

Courts can order forfeiture of offending material after convictions.

The Protection from Harassment Act 1997 provides additional remedies for those harassed on racial grounds (see RACIST ABUSE); offenders may receive jail sentences of up to five years.

racist abuse Harassment of someone as a consequence of the harasser's biased views of that person's racial origins. The Protection from Harassment Act 1997 provides that offenders who make others fear for their safety can be jailed for up to five years and/or be subjected to an unlimited fine; even when the harassment does not give rise to fear for safety, the offender faces up to six months in jail and/or a fine of up to £5000.

rack rent The yearly amount of rent that a tenant could reasonably expect to pay on the open market; a rent representing the gross annual value of the holding.

Compare GROUND RENT.

rape n. Sexual intercourse (vaginal or anal) with a woman or another man without their *consent, as a result of physical force or threats, or because the person was unconscious or asleep, or because consent as to the nature of the act was obtained through fraud. It is also rape if the person is mentally incapable of understanding what is being consenting to. The defendant must be proved to have known that the person did not consent or have been reckless as to consent. Indifference by the defendant to the question of consent would constitute recklessness. If, however,

407 ratio decidendi

there is reasonable doubt as to whether he honestly believed that the person was consenting he will be entitled to be acquitted, even if his belief was unreasonable. The maximum penalty for rape or attempted rape is life imprisonment, but this is rarely imposed; however, the Crime (Sentences) Act 1997 provides for a mandatory sentence of life imprisonment for those convicted for a second time of rape or

attempted rape (see REPEAT OFFENDER).

A husband can be convicted for raping his wife, and a boy under the age of 14 is guilty of rape if he has intercourse without consent (formerly, boys of this age were deemed incapable of rape even if intercourse had taken place). An unsuccessful rape can be treated as an *indecent assault or as an assault occasioning bodily harm or causing grievous bodily harm, depending on the circumstances (formerly, a rape by a boy was treated in this way). A woman can be charged with rape as an accessory.

rape offence Anyone of the offences of rape, attempted rape, aiding, abetting, counselling, or procuring rape or attempted rape, incitement or conspiracy to rape, and burglary with intent to rape. In cases where the defendant to a rape offence pleads not guilty, the Sexual Offences (Amendment) Act 1976 limits the right to ask questions about the alleged victim's sexual experiences. It also prohibits (subject to special leave of the court) the reporting of details about the case that might enable members of the public to identify the woman. If such details are published, the publishers may be fined.

rapporteur n. An official of the European Parliament or of some other EU body whose job is to help discussions progress in connection with a particular matter and to prepare a report on it.

rates pl. n. Local taxes charged on property by local authorities to pay for the services they provide. The *community charge replaced domestic rates (i.e. those payable by private householders) in April 1990 in England and Wales (in 1989 in Scotland), but was itself replaced by the *council tax in April 1993.Owners of business and other nondomestic property remain liable to pay nondomestic rates based on a Uniform Business Rate (UBR), fixed by central government, and a local valuation of the property.

ratification n. 1. Confirmation of an act. If, for example, X contracts with Y as agent for Z, but has in fact no authority to do SO, Z may nevertheless adopt the contract by subsequent ratification. An unenforceable contract made with a minor can become enforceable if the minor ratifies the contract when he comes of age.

2. (in international law) The approval of a *treaty, usually by the head of state (or by the head of state and legislature). This takes place when documents of ratification are either exchanged or deposited with a named depositary. Normally a treaty states expressly whether it will bind a party as soon as it is signed by that party's representative or whether it requires ratification. The Vienna Convention on Treaties (1969) provides that when a treaty does not specify whether or not ratification is required, reference will be made to the party's intention. Performance of a treaty may amount to implicit ratification. 3. (in company law) A resolution of a general meeting sanctioning some irregularity in the running of a company. Some irregularities cannot be sanctioned, such as acts that are *ultra vires or a *fraud on the minority.

ratio decidendi [Latin: the reason for deciding] The principle or principles of law on which the court reaches its decision. The ratio of the case has to be deduced from its facts, the reasons the court gave for reaching its decision, and the decision itself.