Sentences with phrase «context of prosecution»

In prosecutions under fishing and hunting regulations, the Court has suggested that it would be preferable to defer the prosecution and proceed either to a negotiated interpretation or a reference asking the Court's interpretation, outside of the context of a prosecution.

Not exact matches

They cited three previous cases where courts ruled such questions are «relevant and probative» when they concern a defendant's actions in the context of a securities fraud prosecution, including that of pharmaceutical executive Martin Shkreli, whom Agnifilo represented.

However, in his letter to the Guardian, Keir Starmer says it was «regrettable» that Yates used this sentence out of context; that the original prosecution did not use this interpretation of the law; and that this interpretation had no bearing on the charges brought or the legal proceedings generally.

I have not found a case that has considered this question in the context of allegations of sexual assault; in fact, there appears to be little case law regarding the enforceability of confidentiality provisions in agreements to settle civil disputes where the underlying facts could also support a criminal prosecution.

● Guardian of the public interest, specifically in the context of legal proceedings such as commencing / terminating criminal prosecutions, charity matters, the appointment of «advocates to the court» (whose role is to act as neutral advisers to the court) and «special advocates» (whose role is to represent the interests of parties in cases with a national security dimension).

Finally, Henning wonders whether there are any rules that apply in the context of respondeat superior with regard to private organizations might also apply to the Executive Office and allow for prosecution up the chain of command.

Reasons included (1) judges «grade on a curve» and, after sitting through 20 cases involving violent crimes, might not find a more minor crime as serious whereas a jury would not share this context; (2) defendants will select those judges who they believe will be more inclined to acquit; (3) judges are bound by fixed sentencing rules so rather than sentence a defendant of a nonserious crime to a lengthy term they avoid that dilemma through acquittal; (4) judges might better understand the complex elements of certain corporate crimes and, unlike a jury, would recognize when the prosecution failed to carry its burden and (5) some judges may just have something against prosecutors.

I am not aware of such methods being used in a prosecution or regulation context.

I guess we should rejoice that someone on the prosecution end, if not on the police end, shows some understanding of context, intent and consequence.

This paper discusses due diligence in the occupational health and safety context as it relates to the defence of a regulatory prosecution or administrative proceedings.

Alongside the decline in the prosecution rate, there has been a massive increase both in allegations made to the police (from about 1,000 in 1977 to over 8,000 in 1999) and of reports in which complainants and the accused have been previously known to each other either as consensual sexual partners or in the context of «date rape».

In particular, the section 8 requirement of the consent of the High Court to a prosecution will disappear, so the procedural context of Corway v Independent Newspapers [1999] IESC 5; [1999] 4 IR 485; [2000] 1 ILRM 426 (30th July, 1999) will have disappeared.

Swiss prosecution authorities may request legal assistance from foreign jurisdictions and thus obtain documents and other evidence in the context of pending criminal proceedings.

A challenge of this nature may prevent a multiplicity of individual challenges in the context of criminal prosecutions.

The claimants did not bring their challenge in the context of defending a criminal prosecution, but as an application for a declaration that provisions of the Criminal Code were unconstitutional.

Serious violence will involve, or will appear to involve, serious bodily harm in a sexual context; and serious sexual violence will involve, or will appear to involve, serious bodily harm where the violence is sexual; and serious bodily harm covers violence in respect of which a prosecution of grievous bodily harm could be brought.