Sentences with phrase «fair trial interests»

[105]... If such a witness is so disabled as not to understand «the seriousness of the situation and the importance of being careful and correct», there is no prophylactic effect, and the fair trial interests of the accused are unfairly prejudiced.

The trial judge was responsible for protecting the fair trial interests of the accused, as well as society's interest in the prosecution of crimes.

On December 14, 2017, the Alberta Court of Appeal released the per curiam ruling in R v Girou, 2017 ABCA 426 involving a rare case where the Crown and the defendant agreed that lost evidence breached the defendant's fair trial interests...

On December 14, 2017, the Alberta Court of Appeal released the per curiam ruling in R v Girou, 2017 ABCA 426 involving a rare case where the Crown and the defendant agreed that lost evidence breached the defendant's fair trial interests under s. 7 of the Charter of Rights.

Not exact matches

«The evidence at trial overwhelmingly showed that these statutes promote and support important public interests like attracting and retaining qualified teachers for California public schools while providing objective, fair, and transparent procedures in the event of economic layoffs,» the unions stated in announcing their appeal.

A libel trial involves findings of defamation as well as consideration of the defenses potentially applicable to each of the publications, including justification, fair comment, and whether the publications are protected by the defence communication on a matter of public interest.

It is a fundamental aspect of the right to a fair trial that the parties are entitled to disclosure of all relevant evidence, save insofar as public interest immunity applies (Dowsett v United Kingdom (App no 39482 / 98)[2003] ECHR 39482 / 98).

Because JAMS provides alternative dispute resolution mechanisms that operate in accordance with judicial procedures, we may also deny or limit access to personal data in the following contexts: (i) interference with law enforcement or with private causes of action, including the prevention, investigation or detection of offenses or the right to a fair trial, arbitration or mediation; (ii) disclosure where the legitimate rights or important interests of others would be violated; (iii) breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate reorganizations; or (v) prejudicing the confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving JAMS.

This appeal considered whether a commissioning body can, by its decision not to fund a particular option for contact, remove the jurisdiction of the Court of Protection to make a best interests decision about contact, and whether the failure to conduct a best interests assessment and / or determine the facts breached the appellant's rights under the ECHR to a fair trial and a family life.

At the end of the day, it is a matter of having a fair trial, even in a preliminary procedure where, officially, the so - called «interested persons» submit observations.

A B.C. Supreme Court decision has posed an interesting debate: do legal aid rates provide the accused with a fair trial, and, the ability to assembling an adequate defence team?

The Pentagon created the site, it says, to help «provide fair and transparent trials of those persons subject to trial by Military Commissions while protecting national security interests.»

The public interest in maintaining confidentiality must be balanced against the public interest in a fair trial, according to principles which have developed since the landmark case of Conway v Rimmer [1968] AC 910 required the court to strike that balance.»

(b) the salutary effects of the publication ban outweigh the deleterious effects on the rights and interests of the parties and the public, including the effects on the right to free expression, the right of the accused to a fair and public trial, and the efficacy of the administration of justice.

Although it is rare a judge would reject an agreement between the parties, the Arizona Court of Appeals in the Boncoskey v. Boncoskey case indicated a trial judge must hold a hearing if the court has determined the agreement is not fair and equitable or in the best interests of the children before making any changes to the agreement.

What is at stake requires that the court must balance what justice demands: that the accused receive a fair trial, that witnesses are not deterred from testifying, and that the judge, jury and lawyers are not distracted during the proceedings, against what the public interest in justice and our democracy requires....

There are also some interesting comments by the CJEU in relation to the application of the Charter and in particular the right to an effective remedy and a fair trial (art. 47 Charter).

... A fair trial is one that satisfies the public interest in getting at the truth, while preserving basic procedural fairness...»

Nor is it fair, I think, to say that the defending narrative discourages discussions as to the legal and ethical constraints on how a lawyer can advance her client's interest in a sexual assault trial — after all, the tension between advance your clients interests and your ethical and legal obligations is always a hot topic for lawyers in general and criminal lawyers in particular.

The mission of the American Association for Justice, formerly the Association of Trial Lawyers of America (ATLA ®), is to promote a fair and effective justice system and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America's courtrooms, even when taking on the most powerful interests.

It is often assumed that the a jury is needed to ensure a fair trial, but Sir Louis Blom - Cooper argues in an interesting article in the Guardian that juries may not always be essential, particularly in cases involving serious organised crime.

It is never in your best interest to except an insurance company settlement without first consulting an experienced personal injury attorney who can evaluate the offer to see if it is fair or if a higher settlement may be negotiated or awarded at a trial.

He then examined whether the restriction was justified under Article 9 (2) using a proportionality test, balancing D's right to manifest her religion against the interests of justice in conducting a fair trial for everyone involved.

The analysis was flawed and the trial judge instead should have asked «would requiring Al - Enzi to proceed without counsel but with the assistance of amicus strike a reasonable balance between Al - Enzi's right to a fair trial, the Crown's interest in a joint trial and Kayem's interest in the continuation of this trial?»

In every case, the accused's placement must permit him to make full answer and defence, but the issue is to be assessed on a case - by - case basis, having regard to the interests of a fair trial and courtroom security in the particular circumstances of the case.

[199] In Dagenais, Lamer C.J. struck down the common law rule governing publication bans which emphasize the right of a fair trial over the free expression interests of those affected by the ban, saying that the balance that rule struck was inconsistent with the principles of the Charter, in particular the equal status given to section 2 (b) and 11 (d) of the Charter.

The central message of the Court of Appeal's decision is that the summary judgment motions court can not dispense with a trial unless it is «in the interests of justice» to do so: ``... the aim of the civil justice system is to provide a just result in disputed matters through a fair process.»

A separation of powers is overdue in the interests of natural justice and the right to a fair trial.

In addition, it was held that it was not inconsistent with the general rule stated in Art 6 (1)(the right to fair trial) of the European Convention on Human Rights for a state to designate an entire class of case as an exception when considered necessary where required by the interests of juveniles or the protection of the private life of parties, although the need for such a measure must always be subjected to the court's control.

(b) the salutary effects of the order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression which includes the public interest in open and accessible court proceedings (the «proportionality» branch).

the salutary effects of the publication ban outweigh the deleterious effects on the rights and interests of the parties and the public, including the effects on the right to free expression, the right of the accused to a fair and public trial, and the efficacy of the administration of justice.