Colour of right
Encyclopedia
Colour of right is the legal concept in the UK and other Commonwealth countries of an accused's permission to the usage or conversion of an asset in the possession of another. In New Zealand Crime's Act, colour of right "means an honest belief that an act is justifiable...". Using this as a defence does not automatically guarantee an acquittal
; however, it does diminish the mens rea
component needed for a conviction.
Example:
Bram's friend lets him use his van to go to a party later that night. Neither Bram nor the van return the next day. Bram comes back five days later after using the van to go on a camping trip. Bram goes to court for theft. He argues that he thought that he had the right to use the van for the camping trip because he was allowed to use the van to go the party.
The concept can also refer to a right, authority or power conferred on an official by way of a relationship between various statutory
or regulatory
instruments, where the official is granted a position's powers without having to actually occupy the position.
Example:
In New Zealand
the law grants a Fire Police
officer, when on duty, all the power and authority and responsibility of, a constable.
The traffic regulations deny the use of flashing blue lights to any except police officers, and allow vehicles involved in fire service operations to deploy red flashing lights. However, by colour of right, a member of a Fire Police unit would have a legal defence if charged with unlawful use of a blue light through of s33 of the Fire Service Act 1975. As a practical matter New Zealand Fire Service
policy says that Fire Police are not to use blue beacons, but such a policy carries no significance in relation to criminal law.
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
; however, it does diminish the mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
component needed for a conviction.
Example:
Bram's friend lets him use his van to go to a party later that night. Neither Bram nor the van return the next day. Bram comes back five days later after using the van to go on a camping trip. Bram goes to court for theft. He argues that he thought that he had the right to use the van for the camping trip because he was allowed to use the van to go the party.
The concept can also refer to a right, authority or power conferred on an official by way of a relationship between various statutory
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
or regulatory
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
instruments, where the official is granted a position's powers without having to actually occupy the position.
Example:
In New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
the law grants a Fire Police
Fire Police
Fire Police are Volunteer Fire Brigade/Company members who have sworn police powers. They receive special police training and are responsible for traffic control, crowd control, fire and incident scene security, apparatus security, and station security during calls for service.They also assist...
officer, when on duty, all the power and authority and responsibility of, a constable.
The traffic regulations deny the use of flashing blue lights to any except police officers, and allow vehicles involved in fire service operations to deploy red flashing lights. However, by colour of right, a member of a Fire Police unit would have a legal defence if charged with unlawful use of a blue light through of s33 of the Fire Service Act 1975. As a practical matter New Zealand Fire Service
New Zealand Fire Service
The New Zealand Fire Service is New Zealand's national fire fighting body. While its founding legislation, the Fire Service Act 1975, only provides for this role, the organisation has assumed responsibility for several other areas.-Strategic Direction:The New Zealand Fire Service has defined for...
policy says that Fire Police are not to use blue beacons, but such a policy carries no significance in relation to criminal law.