Sentences with phrase «magistrates courts act»

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 recent Magistrates Courts Act 1980 (MCA 1980), s 111A causes these reflections.

Although the emails referred to above indicated prime facie evidence of an offence, the Commissioner was unable to investigate because six months had passed since the potential offence was committed, a constraint placed on the legislation by the Magistrates Court Act 1980.

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.

the need for a separate financial jurisdiction contained in Pt I of the Domestic Proceedings and Magistrates Court Act 1978 should be reviewed;

Not exact matches

This was at a time when the appointing authorities were not privy to the alleged acts of misconduct or wrongdoings brought against him and 21 Circuit Court Judges and Magistrates who have been referred to the Chief Justice to be dealt with in accordance with Article 151 of the 1992 Constitution by tigereyepi for alleged stated misbehaviour.

The plaintiff, however, is urging the court to hold that Sections 293 and 294 of the Administration of Criminal Justice Act (ACJA) of 201 which the EFCC relied on to secure remand orders from a magistrate court were inapplicable in his case.

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.

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.

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

The integration of national magistrates into an EU body is not novel either (compare for instance with Eurojust), but the degree of integration and, most importantly, the fact that the EPPO will directly act as prosecuting authority before national courts without depending on a decision of national authorities, are unprecedented.

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.

The Court of Appeal recognised in Dacre v Westminster Magistrates that many private prosecutors will have «mixed motives», and lawfully so, in that they will be motivated by a selfish or spiteful desire to punish the defendant, as well as a more high - minded desire to act in the public interest and to see criminal justice enacted.

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.

In anticipation of the Magistrates» Courts obtaining the power to impose unlimited fines for certain offences, including health and safety offences, following the introduction of certain provisions of the Legal Aid Sentencing and Punishment of Offenders Act 2012.

[6] After serving as Chief Magistrate, he became the first judge of the Provincial Court (Criminal Division), following the creation the Provincial Courts in 1968 and the repeal of The Magistrates Act.

(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.

Where a summary offence is tried with an indictable offence (pursuant to s 40 of the Criminal Justice Act 1988), but the judge rules that there is no case to answer on the indictable offence, the summary offence does not have to be withdrawn from the jury and retried before a magistrates» court.

These regulations made amendments to the Magistrates» Courts Act 1980 and the Civil Jurisdiction and Judgments Act 1982 to ensure the powers to make procedural rules are wide enough to support the operation in England and Wales of the 2007 Convention and now those wide changes are now with us in the form of SI 2012/2806.

In FPR 2010 the rules committee has restricted the common law open justice principle (see eg R (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates» Court [2012] EWCA Civ 420, [2012] 3 All ER 551 per Lord Justice Toulson at [66]-RRB- in a way which is not expressly permitted by the 2003 Act.

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.

A recruitment manager has been prosecuted in a magistrates» court for forwarding CVs to a third - party employment agency in breach of the Data Protection Act...

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.

The magistrates» court element of a case sent to the crown court (Crime and Disorder Act 1998, s 51) is included in the LGF and does not attract any extra payment.

She has acted on behalf of applicants, objectors, responsible authorities and licensing authorities across the whole spectrum of licensing applications, from new applications to reviews and appeals in the Magistrates» Courts, and judicial review applications.

As Toulson LJ also said in [R (Guardian News and Media Ltd) v City of Westminster Magistrates» Court [2012] EWCA Civ 420, [2013] QB 618], para 88: «The development of the common law did not come to an end on the passing of the Human Rights Act 1998.

In particular, she has advised on enforcing agreements regulated by the Consumer Credit Act, appeared on behalf of police forces in the Magistrates» Court dealing with breaches of Domestic Violence Protection Orders, and had experience in HMRC confiscation proceedings.

42, § 19 (1848)(providing [23] that pretrial proceedings should not be deemed an open court and that the public could therefore be excluded); Magistrates» Courts Act, 15 & 16 Geo.

The Bribery Act 2010 was implemented in July 2011 and to date there has only been one trivial prosecution: a hapless magistrates» court clerk who offered a service of erasing road traffic penalty points for a small fee.

Section 37 (3) of the Mental Health Act 1983 provides the magistrates» court with the power, in an appropriate case, to abstain from either convicting or acquitting, but instead to make a hospital order.

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).

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.

Auzins v Latvia [2017] 1 W.L.R. 2981; [2017] A.C.D. 33: amicus curiae in extradition appeal before the Divisional Court concerning interpretation of the Extradition Act 2003 by Magistrates» Courts.

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.

Section 142 of the Magistrates» Courts Act 1980 (power to re-open cases) does not apply to ASBOs, since such orders are civil in nature.

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).

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.

The Crown Court also acts as an appeal Court for cases heard and dealt with by the Magistrates.

· The Court of Appeal decisions in Watson v Croft Promo Motor Sport and Coventry v Lawrence on noise nuisance abatement notices · The decisions in Barr v Biffa and Ethos Recycling on the relationship of other regulatory regimes to statutory nuisance · New Equality Act 2011 · The new civil procedure for abatement appeal as contained in the Magistrates» · Courts (Amendment) Rules 2009 and The Crown Court (Amendment) Rules 2009 · Criminal Procedure Rules 2011

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.

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

(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).