Sentences with phrase «appropriate exercise of discretion»

Staying the proceedings is an appropriate exercise of discretion in instances in which the Crown prosecutor determines that there is a reasonable likelihood of recommencing the proceedings but it has become necessary, for example, for the police to conduct further investigation that was previously unforeseen.

Not exact matches

We stand by those statements and are confident both matters were resolved in an appropriate, lawful exercise of the District Attorney's prosecutorial discretion...»

Working with law enforcement and the animal welfare community to help distinguish between these situations, and supporting law enforcement's exercise of discretion to treat cases as criminal when appropriate and to refer other cases for intervention that will provide support to pet owners, is a linchpin of our efforts.1

It may be appropriate for the court to consider appointing a specialist other than the proposed examiner but only where the plaintiff demonstrates, on a preponderance of evidence, sufficient grounds to justify the court in concluding that its discretion should not be exercised in favour of the appointment of the defendant's nominee...

Although not a basis of the Tribunal's ultimate decision, it should be noted that a distinction was drawn in this case between a partner in name alone and one exercising appropriate discretion and control over the partnership.

In light of the defendant's failure and unwillingness to comply with the order made by Stinson J., its late disclosure of important documents, counsel's uncivil conduct leading up to and at the trial, and the repeated failures of the defendant's counsel to comply with the directions and orders of the court, it is appropriate for the court to exercise its discretion to deny the successful defendant its costs.

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

In making the appointment, the appointing authority shall use the following list - procedure, unless the parties agree that the list - procedure should not be used or unless the appointing authority determines in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrator.

According to the ABCA, based on established case law (RM v JS, 2013 ABCA 441 (CanLII)-RRB-, the exercise of a court's discretion to consider the wishes of a child is dependent on two pre-conditions: i) that the child objects; and ii) that the child has attained an age and degree of maturity at which it is appropriate to take account of the child's views.

In Raggett v (1) Society of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in which the judge approached issues of liability and limitation did not affect the substance of an overall assessment as to whether it was appropriate to exercise judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.

[37] Thus, averaging over a five year period may be an appropriate exercise of the court's discretion under s. 19 where it would more accurately reflect the income available to a payor spouse than a three year average would.

The appropriate exercise of prosecutorial discretion is fundamental to the proper functioning of the bail process.

Next a court should consider whether it is appropriate to exercise discretion in favour of setting aside the agreement or a provision within it.

(3) The Court or a Judge must exercise the discretion under section 47B of the Federal Court of Australia Act 1976 to allow a person to appear before the Court or Judge, or make a submission to the Court or Judge, by way of video link, audio link or other appropriate means if the Court or the Judge is satisfied that:

If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments «margin of discretion'to ensure that families benefit from welfare and receive the minimum essentials for survival.