Sentences with phrase «discretion of the prosecution»

As Justice Lamer stated in Smith, at para. 69: ``... [T] he section can not be salvaged by relying on the discretion of the prosecution not to apply the law in those cases where, in the opinion of the prosecution, its application would be a violation of the Charter.

The already harsh penalties for a possession conviction rise substantially with a trafficking charge attached, which is often at the discretion of the prosecution.

Not exact matches

Quite how Mr Cameron intended to guarantee that fetter on the discretion of the independent Crown Prosecution Service was never explained, but the public was thereafter treated to Chris Grayling's party piece at the Conservative party conference, which went someway beyond Mr Cameron's hashed restatement of the existing law.

It observed that following public outcry that the Presidency should hand the former officials to the EFCC for prosecution after their sacking, «spokesmen of the administration have been speaking in forked tongues about Presidency not teleguiding the anti-graft war and that the agency would exercise its discretion.»

Their views on such matters as conviction rates and plea bargains reveal that Mr. Laquidara, who also has the Working Families Party and Green Party lines, has the right sensibility: He recognizes the need for aggressive prosecution of repeat offenders and those accused of violent crimes, but he also sees the need to exercise discretion in certain other cases, balancing justice with the office's limited resources and the need to prevent case backlogs.

Mr Umar Muhammed, Director of Public Prosecutions of the Federation, did not oppose the application, as according to him, bail granting was at the discretion of the court.

In a unanimous decision, the court ruled, «It is within the sole discretion of each district attorney's executive power to orchestrate the prosecution of those who violate the criminal laws of this State.»

Gipson notes the law would give judges the discretion to allow facility dogs for not only child abuse victims, but for any victim or witness of a violent crime or sexual assault, as well any children or adults impaired in any way, on the defense or prosecution side.

In addition to discontinuance of Hilton Honors membership, Hilton Honors shall have the right to take appropriate administrative and / or legal action, including, without limitation, criminal prosecution, as it deems necessary in its sole discretion.

In addition to discontinuance of Hilton Honors membership, Hilton Honors shall have the right to take appropriate administrative and / or legal action, including, without limitation, criminal prosecution, as it deems necessary in its sole discretion.

In Canada, absent an action for malicious prosecution — which as explained above, is rare in the extreme — there is no direct financial remedy available to an individual who has been on the wrong side of Crown discretion.

In a decision important to high - dollar white - collar prosecutions, the 2nd U.S. Circuit Court of Appeals bolstered the broad discretion of trial judges to issue sentences far below, or far above, sentencing guidelines.

Importance: Recently the Supreme Court of Canada in R. v. Anderson, 2014 SCC 41 at para. 44 described prosecutorial discretion as «an expansive term that covers all decisions regarding the nature and extent of the prosecution and the Attorney General's participation in it».

In criminal cases, a judge will be reluctant to give a stay of adjudication without prosecutor approval (or finding an abuse of prosecutorial discretion) but in petty misdemeanor traffic cases judges are more willing despite prosecution opposition.

The prosecution is conducted under the sole discretion of the crown attorney, and a police officer is powerless to ensure that there is no injustice to themselves or to the administration of justice,» said the lawsuit, filed in the Ontario Superior Court June 22.

... Requiring the privilege to yield for purposes of a criminal prosecution would not only hamper attorney - client discourse, but also would discourage lawyers from exercising their discretion to make such disclosures, as occurred here.

Decisions to prosecute in individual cases are at the discretion of the director of public prosecutions (DPP).

This is no easy task and often involves showing the Crown Counsel involved in the prosecution of your case the weaknesses of their case, the strengths of possible defences for the accused, showing the Crown that special or extra-ordinary circumstance exist for your client that may lead to the exercise of discretion based upon Crown policy and / or in generally advocating for the client.

«The power of the prosecutor to stay public or private prosecutions under s. 579 of the Criminal Code has been described by the Supreme Court as one of the five «core elements of prosecutorial discretion» [Krieger v. Law Society (Alberta) 2002 SCC 65 at para. 46] that relate to whether a prosecution will be brought and what form a prosecution will take.

8 Moreover, as noted by the Court, ante, at 663, Article 9 expressly provides that neither contracting party is bound to deliver up its own nationals, although it may do so in its discretion, but if it does not do so, it «shall submit the case to its competent authorities for purposes of prosecution.»

It is important to emphasize that the discretion is an administrative one conferred on the Attorney General of Alberta and the Director of Public Prosecutions by statute.

I have concluded that the exercise of the discretion to stay proceedings by front line prosecutors as agents for the Attorney General of Alberta and the federal Director of Public Prosecutions under s. 579 of the Criminal Code has become systemically unethical.

Trial court abused its discretion by concluding that newly discovered evidence of close relationship between prosecution witness and gang prostitute failed to show that jury would have reached a different verdict.

The control of a prosecution, the duty to move a case along, and the discretion to terminate it including the manner of termination are important dimensions of a Crown Attorney's quasi-judicial responsibilities.

In Europe, two means of confining and controlling prosecutorial discretion exist: private prosecution and court supervision.

Prosecution authorities have a very wide discretion to conduct their investigations and can order the production of information or materials otherwise protected by bank secrecy.

According to the website of the Ministry of Justice, «the decision not to have the courts deal with an offence is a matter of prosecutorial discretion and is made by the criminal and penal prosecuting attorney» only once «it is has been determined that the wrongful act attributed to the offender constitutes an offence, that it can be proved and that no legal obstacle bars the prosecution.»

Obama indicated at the time that such prosecutions were not high priority, a determination that is uncontroversially within the discretion of any law enforcer.

Non-dog neighbors brought a malicious prosecution and abuse of discretion suit against dog - owning neighbors and their litigation attorney, with the attorney settling with non-dog neighbors for a pretrial amount of $ 17,500 and non-dog owners «lighting» up their neighbors with an award of $ 305,106.04 in economic damages (consisting of attorneys fees paid by non-dog owners to their counsel in the prior proceedings and malicious prosecution suit) and $ 25,000 in economic damages.

(ab) the institution and prosecution, by an authority entitled to moneys payable under a maintenance order, in the authority's discretion, of proceedings for the enforcement of that maintenance order by a court having jurisdiction under this Act;