Sentences with phrase «civil offences in»

Not exact matches

The resultant Wolfenden Report published in 1957 concluded that criminalisation of homosexuality was an impingement on civil liberty and that homosexual acts between consenting adults in private should not be an offence.

Indeed, until it was reformed in 1989, Section 2 of the Official Secrets Act 1911 made it a criminal offence for any civil servant or public contractor to reveal any information he or she had learned in the course of his or her work: an offence that successive governments continued to prosecute well into the 1980s, despite recommendations published in 1972 by the Franks Committee calling for reform.

Most forms of child abuse are a criminal offence but civil actions may be taken in negligence against local authorities and police entrusted with child protection.

He said that the offence of which Kanu was accused was a «civil rights» issue, adding that the right to agitate is guaranteed in a democracy.

In no distant time, the Independent Corrupt Practices and other - related offences Commission will file criminal charges against ex Chairman, House of Represensatives, Ad hoc Committee on Fuel Subsidy Management, Farouk Lawan, and Boniface Emenalo a civil servant.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) on Wednesday said a Federal Capital Territory (FCT) High Court has remanded two civil servants in...

You warrant and represent, in respect of each entry submitted by You («Entry»), as follows: 8.4.1.1 You are the sole owner and author of each Entry 8.4.1.2 You have the right to make Your entry available to the site 8.4.1.3 Each Entry does not contain any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content 8.4.1.4 Each Entry does not contain any material that could constitute or encourage conduct which would be considered a criminal offence, give rise to civil liability, or otherwise violate any law 8.4.1.5 Each Entry does not infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or violate any person's rights of privacy or publicity 8.4.1.6 Entries which contain any commercial content that promotes any product or service other than that of the World Photography Organisation.

As discussed above, in 1999, the Competition Act's criminal misleading advertising provisions were replaced with a dual - track system which retains a criminal offence for serious cases, and deals with the rest through a civil system.

On this basis, art. 2402 of the Civil Code of Québec concerns only indictable offences, those that are punishable exclusively by way of indictment, and not, as in this case, hybrid offences.

(1) No person shall --(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

Henry v. British Columbia (Attorney General) et al. 2015 SCC 24 Barristers and Solicitors — Civil Rights — Criminal Law Summary: Henry was convicted in 1983 of 10 sexual offences involving eight complainants.

The same conduct can not be dealt with both as contempt of court in the civil court and a criminal offence under this provision.

When HMRC is considering whether a case should be investigated under the Civil Investigation of Fraud procedures or is the subject of a criminal investigation, one factor which HMRC will take in to account is whether the taxpayer (s) has made a complete and unprompted disclosure of the offences which HMRC suspect have been committed.

Additional issues of the identity of the alleged data controller and whether there was any civil liability in relation to the alleged breaches (particularly under section 55 (1), which enacts criminal offences).

So in the case of the cartel offence, is the perceived difficulty about proving dishonesty rooted in a fear that the public generally believe that anti-competitive activity is best sanctioned by the civil and not criminal law?

However, in Wilkinson v Kitzinger [2006] All ER (D) 210 (Apr) the President of the Family Division, Sir Mark Potter, distinguished between marriage and civil partnership on the basis that the former must be between a man and a woman as provided for in the MCA 1973, legislation which was originally debated in the late 1960s at a time when homosexuality had only been legalised by the Sexual Offences Act 1967.

Consequently, as we enter the Bribery Act enforcement era with expanded corporate criminal liability and a new corporate offence of failing to prevent bribery, the trend to civil recovery is likely to be short lived and viewed as a pragmatic «stop gap» response to apparent deficiencies in the criminal justice architecture rather than as a long term enforcement trend in settling overseas corruption cases involving companies.

The step before raising it as an academic offence was to apply moral suasion, putting the concern to the author of the uncivil messages and explaining our then understanding — that the university was and is a community of scholars, and requires some basic degree of civil behaviour — that using a computer in place of paper mail did not change the situation, — that «flaming» in email, however common, was not acceptable — that one had a right to free speech, but not without bound — and that the university was one of the places where a code of behaviour was enforced, and that the action was an academic offence.

In the U.S. almost every State has rejected criminal prosecution for this offence, primarily for policy reasons, as it encroaches on civil liberties.

R. v. Pardy (T.) 2014 NLCA 37 Civil Rights — Criminal Law — Crown — Government Programs — Statutes Summary: The accused was charged with first degree murder, using a firearm in the commission of an offence, and, being a... [more]

Where: (i) the defendant's crimes are limited to offences causing loss to one or more identifiable loser (s); (ii) his benefit is limited to those crimes, (iii) the loser has neither brought nor intends any civil proceedings to recover the loss; but (iv) the defendant either has repaid the loser, or stands ready willing and able immediately to repay him, the full amount of the loss, it may amount to an abuse of process for the Crown to seek a confiscation order which would result in an oppressive order to pay up to double the full restitution which the defendant has made or is willing immediately to make.

The firm recently acted in matters relating to confiscation proceedings, cash seizure, forfeiture, restraint orders, property freezing orders and civil recovery orders under the Proceeds of Crime Act and tipping off offences in accordance with National Criminal Intelligence Service «NCIS».

One of the cases presented to me at this moot was Kathryn Leah Smithen v. Law Society of Upper Canada, dealing with an applicant who «disclosed a criminal history of 38 or 39 convictions for fraud - related offences between 1979 and 1993, several outstanding civil judgments, two judgments entered against her in actions involving fraud, two terminations of employment for cause, and two declarations of bankruptcy.»

The Victims» Bill of Rights contains additional provisions that operate to the financial disadvantage of those convicted of sexual and other offences who are subsequently named as defendants in civil suits.

Second, there is legislation in Ontario, not generally well known by the judiciary or the bar, that provides for a direct right of civil compensation against those convicted of sexual offences.

Our areas of practice are criminal and civil law, meaning we can represent you in a number of different cases, including personal injury cases, drug offences, property disputes and more.

Faulkner recommended that the Legal Aid Society open neighborhood law offices for civil law problems, supply lawyers to handle all hybrid offences and first summary conviction offences and provide duty counsel in criminal courts.

The potential consequences of the naming of individuals following the DPA's publication can be seen in the fact that Ms Shose Sinare, one of the Tanzanian individuals allegedly responsible for the underlying offence in Standard Bank plc, has brought a civil claim against Standard Bank in the Tanzanian courts alleging, among other things, that she had a right to see and respond to the allegations in the statement of facts.

He also has developed a particular knowledge of organised crime, drug trafficking and money laundering offences and has represented clients in relation to civil fraud claims in the High Court Chancery Division.

It provides that the «record of proceedings» in a matter that results in the conviction for a criminal offence under the Act (or a failure to comply with a Tribunal order) is «prima facie» evidence of the alleged conduct in a civil action.

In any subsequent civil proceedings, the fact of a conviction will be admissible in evidence for the purpose of proving, where relevant, that the convicted person committed the offence, and the information, complaint, indictment or charge - sheet on which the person in question was convicted are admissible for the purpose of identifying the facts on which the conviction is baseIn any subsequent civil proceedings, the fact of a conviction will be admissible in evidence for the purpose of proving, where relevant, that the convicted person committed the offence, and the information, complaint, indictment or charge - sheet on which the person in question was convicted are admissible for the purpose of identifying the facts on which the conviction is basein evidence for the purpose of proving, where relevant, that the convicted person committed the offence, and the information, complaint, indictment or charge - sheet on which the person in question was convicted are admissible for the purpose of identifying the facts on which the conviction is basein question was convicted are admissible for the purpose of identifying the facts on which the conviction is based.

From at least the 1940s, the Court has distinguished between, on the one hand, simple negligence that is required to establish civil liability or guilt of provincial careless driving offences and, on the other hand, the significantly greater fault required for the criminal offence of dangerous driving (American Automobile Ins.

Contempt of court is the only civil proceeding that could result in jail and because of the potential impact on an individual's liberty, the formalities must be strictly complied with ̶ clear, precise and unambiguous notice of the specific contempt offence for which he or she is being charged must be given, and the elements required for a conviction proved beyond a reasonable doubt.

A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings.

The rule states that students are permitted to appear as counsel, under supervision, for «an appeal in the Court of Appeal, the Federal Court of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.»

The guide applies to civil, family, provincial offences, and criminal proceedings in the Provincial Court of Alberta and in the Court of Appeal of Alberta and Court of Queen's Bench of Alberta.

While civil proceedings can be lengthy and expensive, the cost of redressing financial loss as a result of a criminal offence (in a criminal court) is not borne by the victim.

It is designed to help you exercise your right to engage in non - violent civil disobedience, and avoid committing any criminal offence.

We have now reached the point where the monetary penalties corporations face for certain offences are greater in civil judgments than criminal fines.

In the civil context, the OFT states at para 3.6 of The Cartel Offence — Guidance on the Issue of No - action Letters for Individuals (OFT 513) that where an undertaking has been granted full civil leniency, ie 100 % reduction in fine, by the OFT in relation to enforcement of the CA 1998 or by the European Commission in relation to proceedings under Art 81 of the EC Treaty, it will normally be prepared to issue no - action letters to any employees, directors, ex-employees or ex-directors named in an application for no - action letters made by that undertaking on behalf of those named individuals, provided the usual conditions for the grant of a no - action letter are fulfilleIn the civil context, the OFT states at para 3.6 of The Cartel Offence — Guidance on the Issue of No - action Letters for Individuals (OFT 513) that where an undertaking has been granted full civil leniency, ie 100 % reduction in fine, by the OFT in relation to enforcement of the CA 1998 or by the European Commission in relation to proceedings under Art 81 of the EC Treaty, it will normally be prepared to issue no - action letters to any employees, directors, ex-employees or ex-directors named in an application for no - action letters made by that undertaking on behalf of those named individuals, provided the usual conditions for the grant of a no - action letter are fulfillein fine, by the OFT in relation to enforcement of the CA 1998 or by the European Commission in relation to proceedings under Art 81 of the EC Treaty, it will normally be prepared to issue no - action letters to any employees, directors, ex-employees or ex-directors named in an application for no - action letters made by that undertaking on behalf of those named individuals, provided the usual conditions for the grant of a no - action letter are fulfillein relation to enforcement of the CA 1998 or by the European Commission in relation to proceedings under Art 81 of the EC Treaty, it will normally be prepared to issue no - action letters to any employees, directors, ex-employees or ex-directors named in an application for no - action letters made by that undertaking on behalf of those named individuals, provided the usual conditions for the grant of a no - action letter are fulfillein relation to proceedings under Art 81 of the EC Treaty, it will normally be prepared to issue no - action letters to any employees, directors, ex-employees or ex-directors named in an application for no - action letters made by that undertaking on behalf of those named individuals, provided the usual conditions for the grant of a no - action letter are fulfillein an application for no - action letters made by that undertaking on behalf of those named individuals, provided the usual conditions for the grant of a no - action letter are fulfilled.

As to Firth's view that negligence should be dealt with by the civil law only, and that it is anomalous that careless driving should be a criminal offence, imagine the following situation: people with guns were negligently firing them in what were consistently referred to as accidents, and roughly 10 people a day were being killed as a result.

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 3offences 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 3Offences Act 1985, s 3 (2)(g).

In the UK, trespass (except in places like nuclear plants and railway lines) is a civil offence not a criminal offence, and so you can only be sued for compensation for any costs the landowner incurred as a result of your trespass, and you can't get a criminal recorIn the UK, trespass (except in places like nuclear plants and railway lines) is a civil offence not a criminal offence, and so you can only be sued for compensation for any costs the landowner incurred as a result of your trespass, and you can't get a criminal recorin places like nuclear plants and railway lines) is a civil offence not a criminal offence, and so you can only be sued for compensation for any costs the landowner incurred as a result of your trespass, and you can't get a criminal record.

This order is made in almost all sexual assault criminal cases and failing to comply with it, even by publishing a tort civil case, is a criminal offence.

Military commissions organized during the late civil war, in a State not invaded and not engaged in rebellion, in which the Federal courts were open, and in the proper and unobstructed exercise of their judicial functions, had no jurisdiction to try, convict, or sentence for any criminal offence, a citizen who was neither a resident of a rebellious State nor a prisoner of war, nor a person in the military or naval service.

A traffic ticket is not a criminal offence but a civil infraction in Florida.

Indigo Policy advisor Martin Day, said, «Though there are differences in approach, Miss Fernandes has grasped the essential principle of Indigo's Family law policy in that breaches need to be made a criminal, rather than civil offence».

In the case of price maintenance, the former criminal offences have been replaced with a new civil reviewable matters provision, which includes a competitive effects test and allows the bureau and private parties to seek tribunal remedial orders.

The Act is federal framework legislation that applies to most businesses and industries in Canada, with limited exceptions and includes criminal offences and civil reviewable matters.