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By Catherine Elliott

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Recording crime Even where a crime is reported to (or discovered by) the police, it will not necessarily end up being recorded by them. Sociologists have suggested that whether the police perceive an individual’s behaviour as a crime may depend on how they label the offender. 1 Proportion of all crime reported to the police and recorded by them, year ending September 2005 Source: ‘Crime in England and Wales 2005/06’, Home Office Statistical Bulletin, p. 49. 2 Reporting rates for comparable subset of crimes, 2009/10 British Crime Survey Source: ‘Crime in England and Wales 2009/10’, p.

2 was restricted to positive acts, and did not apply to mere omissions. Offences capable of being committed by omission Where the conduct in question is genuinely an omission, and not one of the categories just discussed, the next question is whether the particular offence can, in law, be committed by omission. This depends on the definition of the offence.

21 211, 238, 248 s. 21(a), (b) 238 s. 22 211, 239, 248, 266 s. 24 239 s. 24A 240, 248 s. 34(2) 238 Theft Act 1978 251, 253, 286 s. 1 251 s. 2 251 s. 3 262, 267, 439 s. 3(1) 253, 260, 262 s. 16 251 Theft (Amendment) Act 1996 212, 240, 251, 286 Trade Descriptions Act 1968 330 Wireless Telegraphy Act 1949 291 s. 1(1) 42 Youth Justice and Criminal Evidence Act 1999 193 s. 41 198, 199, 200 s. 41(2)(b) 198 s. 41(3) 198 s. 41(3)(a)–(c) 198 s. indd xxxiii 20/03/2014 10:33 AM Table of treaties European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 19, 45, 51, 100, 170, 178, 187, 253, 351, 378, 401, 402 Art.

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