Sentences with phrase «basis of a criminal conviction»

Not exact matches

For this reason, an acquittal or conviction in a prosecution for a specific crime under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and which arises under the provisions of this Act; and an acquittal or conviction in a proceeding for criminal contempt, which arises under the provisions of this Act, shall bar a prosecution for a specific crime under the laws of the United States based upon the same act or omission.

In part, the judge based his decision on The Rehabilitation of Offenders Act 1974, an English law that allows criminal convictions to become «spent» after a prescribed period of time.

While federal law does not specifically prohibit discrimination based on criminal convictions or arrests, the U.S. Equal Employment Opportunity Commission (EEOC) has issued a policy statement indicating that an employer's use of criminal history information in making employment decisions may violate the federal prohibition against discrimination based on race or national origin.

On the basis of Article 4 (2) of the FD on the exchange of information extracted from the criminal record, central authorities of the MS where a person is convicted have to inform the central authorities of the MS of which that person has the citizenship of the person's conviction, and the latter authority has to safeguard the information on the conviction as provided by Article 5 (1) of the same instrument.

Singh alleged he was subjected to discrimination in employment on the basis of an unrelated criminal or summary conviction offence contrary to section 13 of the B.C. Human Rights Code.

While there may well be a legal basis supporting a conviction for 10 difference offenses arising from a single criminal action (a friend tells the story, which may be apocryphal, of a fellow who was carrying a handgun with nine bullets and was charged with illegal posession of a firearm and 9 counts of attempted murder - one for each bullet).

The doctrine of collateral estoppel may apply when a criminal conviction is based on facts identical to the facts on which a civil case is based.

As reported in the written decision of the Law Society Hearing Panel (which decision is under appeal by the applicant), the applicant threatened to sue the other board members for defamation after he was removed as President of the condo corporation and a notice of his removal was posted; circulated a letter (under a false name) on some floors within the building that falsely stated that some of the board members had previously gone bankrupt, had criminal convictions and were accepting bribes and free meals from the developer of the condominium to settle deficiencies with the developer; made a derogatory remark about some of the residents based on their ethnicity; threatened to report some of the directors to US / Canada border officials, falsely alleging that they were drug smugglers; threatened both the corporation's property manager and security services firm that their contracts with the condo corporation would be in jeopardy if they did not provide a character letter to the applicant.

Currently, the protected ground of «record of offences» protects against discrimination only on the basis of: (a) convictions under provincial legislation such as the Highway Traffic Act, and (b) convictions under federal legislation such as the Criminal Code, for which a pardon has not been granted.

Proposing a complete overhaul of the existing system, the Commissioner has recommended that MAG, through its Provincial Jury Centre (PJC), be the only central body to screen jurors who are ineligible for jury duty, based on criminal conviction.

Based on the findings of the investigation, the Commissioner is ordering Crown attorneys to cease collecting any personal information of potential jurors beyond that which is permitted under the Juries Act and the Criminal Code, relevant to criminal conviction eligCriminal Code, relevant to criminal conviction eligcriminal conviction eligibility.

The Innocence Project of Florida encourages institutional actors in the State of Florida to create broad - based criminal justice reform commissions to study wrongful convictions and advocate for changes in the system.

Although not decided on the basis of the Charter, this case provides valuable insight into the necessary fault requirement for a criminal conviction, breathing new meaning into the «principles of fundamental justice» stemming from our common law tradition, and later enshrined in Section 7 of the Charter of Rights and Freedoms.

2007), which held for the first time that a conviction for sex with minor is not necessarily a crime involving moral turpitude; Camins v. Gonzales, 500 F. 3d 872 (9th Cir 2007) which applied retroactivity principles to find that the grounds of inadmissibility do not apply to returning lawful permanent residents based on criminal conviction sustained before April 1, 1997; and Li v. Ashcroft, 389 F. 3d 892 (9th Cir.

Based on Client's criminal record with a number of convictions including for fraud and the fact that Client was on bail for three outstanding charges, the Crown sought Client's detention in custody.

The Criminal Cases Review Commission should not normally refer a conviction to the Court of Appeal on the basis of a change of law.

In more than 100 cases since 1980, Massachusetts courts of appeal have thrown out criminal convictions based on prosecutorial improprieties, and in 20 of those cases they have used the words «egregious» or «misconduct» or both to describe impropriety.

(4) A relevant decision may not be taken except on imperative grounds of public security in respect of an EEA national who: (a) has resided in the UK for a continuous period of at least 10 years before the relevant decision; or... (5) Where a relevant decision is taken on grounds of public policy or public security it shall, in addition to complying with the preceding paragraphs of this regulation, be taken in accordance with the following principles --(a) the decision must comply with the principle of proportionality; (b) the decision must be based exclusively on the personal conduct of the person concerned; (c) the personal conduct of the person concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society; (d) matters isolated from the particulars of the case or which relate to considerations of general prevention do not justify the decision; and (e) a person's previous criminal convictions do not in themselves justify the decision.

«Under Canadian law, the Minister of Justice has the legal authority to review a criminal conviction on the basis that there may have been a miscarriage of justice -LRB-...)»

The EEOC urges HR professionals and hiring managers to evaluate a number of factors before making a hiring determination based on criminal history, including the nature of the offense, the severity of the offense, the time that has passed since the offense, and how that conviction relates to the job.

First, our ArrestDirect locator expands the breadth of a criminal records search for arrest records and convictions based on potential aliases and addresses listed on a Social Security Number Trace.

Based on our survey, over 48 % of employers ask about criminal convictions on the application while 28 % do not ask candidates about prior criminal history at all.

A blanket exclusion based on a criminal history of any kind — even limited to felony convictions or similar restrictions — is likely to violate an applicant's rights.