Sentences with phrase «criminal offences where»

Not exact matches

Tax advisers have welcomed the Government's decision, announced today, to restrict the use of a new «strict liability» offshore tax evasion criminal offence to situations where the amount of tax underpaid is # 25,000 or more.

The trip comes as part of a six - month review into tackling the demand for prostitution and comes just after a similar visit to Sweden, where selling sex is legal but buying it is a criminal offence.

It reaffirmed HMRC's policy of not revealing tax information except where strictly necessary, pointing out that wrongful disclosure is a criminal offence.

However, deliberately encouraging or assisting suicide online is already a criminal offence and, where possible, the authorities should use their existing powers to prosecute malicious individuals who do this.»

Accidental Death does not include death which is caused directly or indirectly by one or more of the following causes: sickness, illness or bodily or mental infirmity or disease of any kind; suicide or self - inflicted injury while sane or insane; declared or undeclared war or any act of war, riot or insurrection, or service in the armed forces; any event directly or indirectly related to the ingestion of alcohol by you where the concentration of alcohol in your blood exceeds 80 milligrams of alcohol in 100 milliliters of blood; voluntary ingestion of poison, toxic substances or non-toxic substances or drugs, sedatives or narcotics (whether illicit or prescribed) in such quantity that they become toxic, or voluntary inhalation of a gas; from or while committing or attempting to commit a criminal offence, or committing or provoking an assault; medical or surgical treatment or complications arising therefrom, except when required as a direct result of an accidental bodily injury; participating in a contest of speed, scuba diving, skydiving, parachuting, hang gliding or bungee jumping, or a flight accident except when travelling as a passenger on a commercially licensed airline.

The number of countries where declawing is a criminal offence is more than twice what is quoted here i.e. there are 28 countries in the EU alone, and the practice is banned throughout the Europe (EU and non-EU countries which pushes the number to over 30).

I expect a request to destroy evidence of a criminal offence would offend a different law and could well incriminate both the request and any action taken to comply no matter where and by whom.

So where I live, unauthorized destruction of documents is at minimum a violation of institutional regulations and at worst a criminal offence (up to 2 years in prison), depending on the document in question.

Where a person has been arrested for an indictable (formerly an arrestable) offence, s 18 (1) of the Police and Criminal Evidence Act 1984 (PACE 1984), as amended by the Serious Organised Crime and Police Act 2005, empowers the police to enter and search any premises «occupied or controlled» by the person under arrest where the relevant officer has reasonable grounds for suspecting that he will find on the premises evidence relating to the indictable offence for which the person has been arrested, or evidence relating to some other indictable offence which is connected with or similar to that offWhere a person has been arrested for an indictable (formerly an arrestable) offence, s 18 (1) of the Police and Criminal Evidence Act 1984 (PACE 1984), as amended by the Serious Organised Crime and Police Act 2005, empowers the police to enter and search any premises «occupied or controlled» by the person under arrest where the relevant officer has reasonable grounds for suspecting that he will find on the premises evidence relating to the indictable offence for which the person has been arrested, or evidence relating to some other indictable offence which is connected with or similar to that offwhere the relevant officer has reasonable grounds for suspecting that he will find on the premises evidence relating to the indictable offence for which the person has been arrested, or evidence relating to some other indictable offence which is connected with or similar to that offence.

A criminal jury trial is practically unheard of for offences under the Competition Act, because the accused normally plead out so the process is faster, especially in cases like this one, where there is no real case law available under the act, Khoury notes.

Earlier this week, departing Ontario ombudsman Andre Martin stated in a report, «Stopping citizens without an objective an reasonable basis for believing that they may be implicated in a recent or ongoing criminal offence, or where there are reasonable and probably grounds to arrest them, is unconstitutional — it's a form of arbitrary detention contrary to section 9 of the Canadian Charter of Rights and Freedoms.»

The information that a police service will be able to disclose on a standard PRC, called a «criminal record check», will be limited to instances where the individual has been convicted of a criminal offence but has not been granted a pardon.

Tuckers Solicitors specialist fraud lawyers have a wealth of experience and knowledge of the legal implications where clients have been charged with insider - trading and other related offences found under the Criminal Justice Act 2003 and the Financial Services and Markets Act 2000.

The defence of duress is codified under s 17 of the Criminal Code which excuses the commission of an offence where it was committed under compulsion by threats of immediate...

Prior to these amendments, the criminal court could only make a restraining order under PHA 1997 where a defendant was convicted of an offence under PHA 1997, ss 2 or 4.

The key issue is the contradictory laws that make performing sex for money (prostitution) legal in Canada (that is, prostitution is not included as a criminal offence in the Criminal Code of Canada), while restricting where prostitutes can practise the trade safely, and severely limiting the people with whom they can ascriminal offence in the Criminal Code of Canada), while restricting where prostitutes can practise the trade safely, and severely limiting the people with whom they can asCriminal Code of Canada), while restricting where prostitutes can practise the trade safely, and severely limiting the people with whom they can associate.

There are other criminal offences that deal with underage victims and can often arise in situations where child pornography charges are laid.

Sadly, the criminal law has a bad track - record for deterring civil disobedience activists where the principal sentence, for a first time offence, is more often then not a conditional discharge.

Criminal offences created by the UK implementing measures may be committed by UK nationals or companies even where the relevant conduct occurs wholly outside the UK.

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.

Of course there are offences of strict liability applicable to individuals as well as companies but these tend to be summary only offences where the conduct is not nearly so serious as in the more serious offences such as criminal cartel activity.

It would be a criminal offence for any member of the media to breach anonymity even indirectly, for example, where the naming of others in the case would itself be likely to identify the victim.

Looks like rape is a strict liability offence - that is, unlike some crimes where you need to prove that the criminal act was committed with intent of some kind (or sometimes recklessness), the intent is irrelevant; it is enough that the criminal act occurred.

We have particular expertise where there is a risk of criminal offences being committed or where a criminal investigation has already started.

He could be prosecuted for the offence in Canada, where he would face a much lower sentence (given his peripheral involvement in the offence, lack of criminal record, Aboriginal status and the significant rehabilitative steps taken since his arrest).

Where is this offence defined in the Criminal Code?

In cases where the alleged assault was committed with a firearm, where the victim was under the age of sixteen, where the assault was committed in relation to a criminal association or where the assault was a subsequent offence, the Criminal Code imposes mandatory minimum secriminal association or where the assault was a subsequent offence, the Criminal Code imposes mandatory minimum seCriminal Code imposes mandatory minimum sentences.

Whilst criminal law is far more litigation based, candidates may be asked how they feel court proceedings can be improved and whether there is an alternative to litigation where minor offences are concerned.

Not surprisingly, these challenges have failed, largely on the basis that a courthouse is like an airport where (i) searches are not conducted for the purpose of enforcing the criminal law or investigating an offence, and (ii) people expect they will be subject to some kind of security screening when entering a building like a courthouse.

The Ontario Court of Appeal confirmed this is the case even where a criminal trial judge gave reasons for acquittal that expressed an opinion that no wrongdoing had occurred, as opposed to simply concluding there was a reasonable doubt as to whether an offence was committed.

Another mother was jailed for sending a birthday card and a father jailed for waving at his children in care as they passed by in the street.Cases of child abuse or neglect should be dealt with by criminal courts where parents are presumed innocent of such offences unless proved guilty beyond reasonable doubt.

Many offences contained in the Criminal Code contain enhanced mandatory sentences where firearms are used.

As a law student at the University of Windsor, Janine devoted the majority of her spare time to volunteering at the Community Legal Aid clinic, where she gained her first experiences successfully defending clients charged with criminal and provincial offences.

Anthony developed his love of litigation working for a Crown Attorney's office, where he aided in the prosecution of a variety of criminal offences.

That theory allows a corporation to be liable for the conduct of employees who are acting within the scope of their employment, including low - level employees, where one or more employees conduct all the acts necessary to commit a criminal offence.

As recently demonstrated by the pending Greek prosecution of former Johnson & Johnson employees, which includes the prosecution of one individual, Robert Dougall, notwithstanding his 2010 prosecution by the SFO and conviction and sentence, [13] no settlement can confer an absolute guarantee against further proceedings in any jurisdiction — particularly not in jurisdictions where there is no limitation period for criminal offences (as in the United Kingdom, other than for summary offences).

Restraining orders may also include conditions for arrest upon breach of the order, and breaches are considered criminal offences under section 127 of the Criminal Code, RSC 1985, c C - 46, which creates the offence of disobeying a court order without lawful excuse where no other punishment is expressly providedcriminal offences under section 127 of the Criminal Code, RSC 1985, c C - 46, which creates the offence of disobeying a court order without lawful excuse where no other punishment is expressly providedCriminal Code, RSC 1985, c C - 46, which creates the offence of disobeying a court order without lawful excuse where no other punishment is expressly provided by law.

Criminal law — Offences — Property offences — Possession of breaking instruments — Possession of stolen goods — Procedure — Trial judge's duties — Where accused unrepresented — Trials — AdjoOffences — Property offences — Possession of breaking instruments — Possession of stolen goods — Procedure — Trial judge's duties — Where accused unrepresented — Trials — Adjooffences — Possession of breaking instruments — Possession of stolen goods — Procedure — Trial judge's duties — Where accused unrepresented — Trials — Adjournment.

It's a criminal offence, and an offence under the Highway Traffic Act to flee the scene of a car accident; especially one where somebody has been hurt in a car accident.

A youth record with a prior conviction may be used as a prior criminal conviction for the purposes of increased penalty where the index offence has occurred within 5 years of the youth conviction.

And while normal criminal offences are prosecuted by provincial crown attorneys, drug charges are prosecuted by the Federal Crown, except when specifically delegated to the province, usually in situations where individuals are charged with several other criminal code offences, and the drug charge (s) is considered as being less significant in the particular case.

These cases are primarily ones where deportation is considered to be conducive to the public good because of serious criminal offences committed by the individual.

Where the ITO does not support the issuance of the warrant under 487 (1)(a) or (c), and where the warrant nevertheless authorizes a search for evidence of a suspected or intended offence, the warrant is invalid on its face as it exceeds the authority prescribed in section 487of the Criminal Where the ITO does not support the issuance of the warrant under 487 (1)(a) or (c), and where the warrant nevertheless authorizes a search for evidence of a suspected or intended offence, the warrant is invalid on its face as it exceeds the authority prescribed in section 487of the Criminal where the warrant nevertheless authorizes a search for evidence of a suspected or intended offence, the warrant is invalid on its face as it exceeds the authority prescribed in section 487of the Criminal Code.

The court considered the application of R v Goodyear [2005] EWCA Crim 888, [2005] 3 All ER 117 in cases where the defendant is charged with one or more offences which are specified offences within Sch 15 to the Criminal Justice Act 2003 (CJA 2003).

Regardless of where you fall on the question of whether «mercy killings» are criminal, the lack of flexibility in the sentencing of this offence highlights important lessons that can be applied to a broader spectrum of criminal law policy.

Addressing this issue, particular value should be attached to those cases where the defendant provides evidence in the form of a witness statement or is prepared to give evidence at any subsequent trial, and does so, with added force where the information either produces convictions for the most serious offences, including terrorism and murder, or prevents them, or which leads to disruption to or indeed the break up of major criminal gangs.

Stadlen J was unequivocal at para 84 of his judgment: «[I] n the absence of a problem in the witness giving evidence in person or by video link, or some other exceptional circumstance, fairness requires that in disciplinary proceedings a person facing serious charges, especially if they amount to criminal offences which if proved are likely to have grave adverse effects on his or her reputation and career, should in principle be entitled by cross-examination to test the evidence of his accuser (s) where that evidence is the sole or decisive evidence relied on against him.»

When making the same assessment for the purposes of the Criminal Justice Act 2003 s 229 (3) the court is required to take into account: (i) all such information as is available to it about the nature and circumstances of each of the offences; (ii) where appropriate, any information which is before it about any pattern of behaviour of which any of the offences forms part; and (iii) any information about the offender which is before it».

The Criminal Code also contains a pyramid selling offence, which sometimes must be reviewed as well where entrants are required to pay money or securities to participate in a promotion.

(3) Where the prosecutor applies for an assessment in order to determine whether the accused was suffering from a mental disorder at the time of the offence so as to be exempt from criminal responsibility, the court may only order the assessment if