Sentences with phrase «magistrates court under»

(b) appointed as a family consultant in relation to the Federal Magistrates Court under the Federal Magistrates Act 1999; or

Not exact matches

According to Quakers in Britain, the hearing at Stratford Magistrates Court this week was told that their rights must be upheld under the European Convention of Human Rights.

Managing director of Midland Red bus operator, Steve Burd, as he leaves Coventry Magistrates» Court last week after a previous hearing, where Midland Red (South) Ltd, today pleaded guilty to two charges brought under Health and Safety law after an inquiry into the 2015 deaths of a passenger and a pedestrian in Coventry city centre.

Gavin Reid, of Green Close, Luton, was sentenced at City of Westminster magistrates court for an offence under the Public Order Act.

He today pleaded guilty by letter to Sutton Coldfield Magistrates Court to an offence under the Road Traffic Act 1988.

«The plan and the trap goes like this: On the 6th of May 2017 — Saturday night stroke Sunday morning — the EFCC, alongside local and international media, both print and TV and radio, will raid an apartment under the guise of whistleblowing policy of the Federal Government with a search warrant already obtained in the magistrate's court to search an apartment alleging to be one of your guest houses in Enugu State capital or any suitable available apartment in your senatorial district that will serve this evil purpose.

; Patrick Akpolobolokemi, the former NIMASA Director - General was rough - handled and bundled into a van right in front of the court premises where a judge had just granted him bail; several persons are known to have been detained for periods far in excess of the constitutionally mandated 48 hours initially under spurious detention orders signed by magistrates courts in the Federal Capital Territtory!

A press release by Okelo Madukaife, acting Publicity Secretary of APC stated that «under the Electoral Act, election officers ought to complete and swear to the Oath before a Commissioner for Oath in any of the Registries of High Courts or Magistrates Courts as the case may be.

Most types of debt except: student loans, magistrates» court fines, maintenance payments or maintenance arrears ordered by a court, Child Support Agency or Child Maintenance Service arrears, money owed under a criminal confiscation order, debts resulting from certain personal injury claims and budgeting or crisis loans.

The time has come to look at the central role of magistrates» courts in dealing with enforcement under Child Support Act 1991 (CSA 1991).

Shortly after CSA 1991 received Royal Assent, but long before its delegated legislation was made, Waite J commented (R v Luton Magistrates» Court exp Sullivan [1992] 2 FLR 1961) on magistrates» committal procedures: «The power under [Magistrates» Courts Act 1980] s 76 for magistrates to issue a writ committing a spouse to prison for non-payment of maintenance in their domestic jurisdiction is a power of extremMagistrates» Court exp Sullivan [1992] 2 FLR 1961) on magistrates» committal procedures: «The power under [Magistrates» Courts Act 1980] s 76 for magistrates to issue a writ committing a spouse to prison for non-payment of maintenance in their domestic jurisdiction is a power of extremmagistrates» committal procedures: «The power under [Magistrates» Courts Act 1980] s 76 for magistrates to issue a writ committing a spouse to prison for non-payment of maintenance in their domestic jurisdiction is a power of extremMagistrates» Courts Act 1980] s 76 for magistrates to issue a writ committing a spouse to prison for non-payment of maintenance in their domestic jurisdiction is a power of extremmagistrates to issue a writ committing a spouse to prison for non-payment of maintenance in their domestic jurisdiction is a power of extreme severity.

(If there is any doubt that CSA 1991 proceedings are family proceedings, see Supreme Court Act 1981, Sch 1 para 3 (h); and now Magistrates» Courts Act, s 111A: proceedings under CSA 1991 are family proceedings.)

Under s 63 of the Magistrates» Court Act 1980 the court can consider imposing a fine or a custodial sentence for any breach of a contact order that may be proved in committal or family proceedCourt Act 1980 the court can consider imposing a fine or a custodial sentence for any breach of a contact order that may be proved in committal or family proceedcourt can consider imposing a fine or a custodial sentence for any breach of a contact order that may be proved in committal or family proceedings.

[6] Under the species of abuse of process identified by the House of Lords in R v Horseferry Road Magistrates Court, ex p Bennett [1994] 1 AC 42.

Under the Criminal Justice and Immigration Act 2008, s 55, DCWs were given a wider range of hearings in the magistrates» courts, including the power to conduct contested trials of summary only, non-imprisonable offences.

The district courts in New Mexico have general jurisdiction over claims when the damages are over $ 10,000, and the magistrate courts have jurisdiction when the damages are under $ 10,000.

(6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.

However, apart from the prosecution under BA 2010 of Munir Yakub Patel in relation to allegations of misconduct during his employment at Redbridge Magistrates» Court, London, there has been no prosecution show - piece.

But before leaving the category of proceedings into which magistrates» court child support work falls: for the Legal Services Commission if a lawyer should seek legal aid for his client in committal proceedings (CSA 1991 s 39A — 40) it is treated as «criminal proceedings» under Access to Justice Act 1999, s 12 (2)(g) and Criminal Defence Service (General)(No 2) Regulations (SI 2001/1437) by application on CDS14 and CDS15.

As a matter of law, where it is sought to obtain material from third parties, upon whom there is no prior duty of disclosure, a defendant or indeed the Crown may obtain a summons under the Criminal Procedure (Attendance of Witnesses) Act 1965 or the Magistrates Court Act 1980, s 97.

Just when most magistrates» legal advisers had cracked the question of what type of proceedings are child support proceedings in their court (they are not «family proceedings» because they are not listed in MCA 1980 s 65 (1) among those statutes which do give rise to «family proceedings»); just when the more alert had resolved that they are therefore civil proceedings, heard in open court and by the procedure set out in MCA 1980, s 53 and under the appropriate non-family procedural rules; along comes s 111A (5).

Sarah Wheadon, our health and safety and regulatory partner has a wealth of experience in this area and is a qualified Higher Court Advocate with years of Magistrates» Court work under her belt.

No information has been laid (it would seem) and there is a time limit of 6 months for doing so under section 127 of the Magistrates» Courts Act 1980.

(Conviction of property manager under fire safety regulations; heavy fine in Magistrates» Court; ensuing RICS prosecution; sanction of reprimand rather than fine or worse).

Hogarth acknowledged, at the outset, that «Magistrates» Courts have been under considerable and mounting criticism.»

As noted above, district court local rules provide fertile grounds for a procedurally focused, Standalone E-memo assignment.111 While any number of procedural questions are possible, two are particularly well suited to this assignment: (1) describing the process for filing un-redacted documents under seal, 112 and (2) describing the timeline and procedure for objecting to a magistrate's order in a discovery dispute.113 These two legal issues work well for a couple of reasons.

These include three large projects at London's Camberwell Green, Staffordshire's Newcastle - under - Lyme and Wales» Prestatyn magistrates» courts.

Under the proposals, caseworkers who have undertaken the DCW training programme and have been designated by the director of public prosecutions to present hearings in magistrates» courts would become CPS members of the institute.

The regulations: - Provide that where a magistrates» court sends a defendant for trial at the Crown Court under the Crime and Disorder Act 1998, s 51 the proceedings in the magistrates» court are preliminary to the proceedings in the Crown Court, so that no representation order is required for the proceedings in the magistrates» court (recourt sends a defendant for trial at the Crown Court under the Crime and Disorder Act 1998, s 51 the proceedings in the magistrates» court are preliminary to the proceedings in the Crown Court, so that no representation order is required for the proceedings in the magistrates» court (reCourt under the Crime and Disorder Act 1998, s 51 the proceedings in the magistrates» court are preliminary to the proceedings in the Crown Court, so that no representation order is required for the proceedings in the magistrates» court (recourt are preliminary to the proceedings in the Crown Court, so that no representation order is required for the proceedings in the magistrates» court (reCourt, so that no representation order is required for the proceedings in the magistrates» court (recourt (reg 3).

As the magistrates had not addressed their minds to the relevant principles under CJA 2003, s 116, the acquittal would be quashed and the case remitted back to the court for a trial to take place.

R (on the application of Bristol City Council) v Bristol City Magistrates Court [2009] EWHC 625 (Admin) leading authority on the determination of premises licence applications under the Licensing Act 2003

This appeal considered whether, when a confiscation order is made under the Drug Trafficking Act 1994, the words «the said sum... as was due at the time of the period of detention was imposed» in s 79 (2) of the 1980 Act mean the sum due when the default term was fixed by the Crown Court judge or the sum due when the default term was activated by the Magistrates» Court.

The Supreme Court considered that the Crown Court can in the same way operate a closed material procedure on PII grounds on an inter partes application under the CJPA, s 59 (7) and that the High Court can conduct a closed material procedure on judicial review of a magistrate's order for a warrant under PACE, s 8 or a magistrate's order for disclosure or a Crown Court's order under s 59 (7) of the 2001 Act.

Appeal from a conviction and / or sentence for contempt of a magistrates» court lies to the crown court under the Contempt of Court Act 1980, s 12court lies to the crown court under the Contempt of Court Act 1980, s 12court under the Contempt of Court Act 1980, s 12Court Act 1980, s 12 (5).

Crown courts and magistrates» courts across the country are inundated with the usual festive bail applications, made by practitioners who might think they have an arguable case to get their clients around the Christmas tree for the festivities, but who are, more likely than not, under pressure of a unique sort from their clients who have totally unrealistic expectations that they can be «out for Christmas».

There are a few court cases from down under including Nine Films & Television Pty Ltd v Ninox Television Limited [2005] FCA 1404 defining reality TV, and a couple of Federal Magistrates Court cases, Coolstar Holdings Pty Ltd v Cleary Ors [2006] FMCA 1442 (7 September 2006) and Mathieson & Hamilton [2006] FMCAfam 238 (13 June court cases from down under including Nine Films & Television Pty Ltd v Ninox Television Limited [2005] FCA 1404 defining reality TV, and a couple of Federal Magistrates Court cases, Coolstar Holdings Pty Ltd v Cleary Ors [2006] FMCA 1442 (7 September 2006) and Mathieson & Hamilton [2006] FMCAfam 238 (13 June Court cases, Coolstar Holdings Pty Ltd v Cleary Ors [2006] FMCA 1442 (7 September 2006) and Mathieson & Hamilton [2006] FMCAfam 238 (13 June 2006)

Paragraphs 5 and 6 list a number of applications (enforcement orders, orders for compensation for financial loss, attachment of a warning notice to contact orders, revocation or amendment of enforcement orders, and exercise of powers following breach of enforcement orders) in which the court should exercise its power under s 65 (2) of the Magistrates Courts Act 1980 to treat the proceedings as «family proceedings».

The provision would extend the powers and rights of audience of DCWs by enabling them to conduct: - summary trials in magistrates» courts; - certain proceedings in magistrates» courts, including proceedings relating to offences triable only on indictment by a judge and jury at the crown court; - applications and other proceedings relating to «preventative civil orders» such as anti-social behaviour orders; and - certain proceedings (other than criminal proceedings) assigned to the director of public prosecutions by the attorney general under the Prosecution of Offences Act 1985, s 3 (2)(g).

Turning to the admission of hearsay evidence, at para 35 Lord Steyn added that the proceedings were civil under domestic law and Art 6 (right to fair trial) of the European Convention on Human Rights (the Convention), the Civil Evidence Act 1995 (CEA 1995), s 1 and the Magistrates» Court (Hearsay Evidence in Civil Proceedings) Rules 1999 (SI 1999/681) allowed the introduction of such evidence.

Note 1: For proceedings under the Family Law Act 1975, see in particular Parts II, III, IIIA and IIIB of that Act, which contain provisions dealing with family counselling, family dispute resolution and other processes that apply to the Federal Magistrates Court in relation to proceedings under that Act.

(1) The main object of this Act is to continue in existence the Federal Magistrates Court created under Chapter III of the Constitution as the Federal Circuit Court of Australia.

(2) The Chief Executive Officer may authorise an officer or staff member of the Federal Magistrates Court to provide family dispute resolution under the Family Law Act 1975.

Note: Family consultants who are not officers of the Federal Magistrates Court may be appointed under regulations made under the Family Law Act 1975.

(e) the use, for the purposes of proceedings under the Family Law Act 1975, by the Federal Magistrates Court and officers of the Court in family law and child support proceedings, of reports about the future conduct of the proceedings that have been prepared by persons who dealt with the parties in accordance with Rules of Court made under paragraphs (a), (b), (c) or (d).

A judge, Judicial Registrar, Registrar, Federal Magistrate or magistrate, who is hearing child - related proceedings in Chambers, has all of the duties and powers that a court has under this Division.

(2) If the court (whether or not constituted by the judge or magistrate who made the community service order or required the bond to be entered into in accordance with section 70NFE) is satisfied that the person has, without reasonable excuse, failed to comply with the order or bond, the court may take action under subsection (3).

This Part applies to proceedings in the Federal Magistrates Court other than proceedings under the Family Law Act 1975.

Orders for the personal protection of a child (or another person) against violence or abuse are available under State and Territory legislation in State or Territory Magistrates Courts.

De-facto and same sex partners can make an application under the Property Law Act 1958 (Vic) in the Supreme Court, County Court or Magistrates» Court.

Prior to 12 April 2013, under the Federal Magistrates Act 1999, the Court was known as the Federal Magistrates Court.