Sentences with phrase «fair trials under»

The court held that the applicant's right to a fair trial under Art 6 of the Convention had been violated because he was not entitled to be heard in the incapacitation proceedings either in person or by a representative.

Moreover, given the fact that sensational, high - stakes criminal cases attract most publicity, the judge may be simultaneously under pressure to allow extensive trial coverage to ensure the accused's right to a fair trial under section 11 (d) of the Charter.

In Corbett v Corbett [2003] All ER (D) 419 (Feb), which concerned a judgment summons, the husband appealed on the ground that the manner in which the proceedings had been conducted before the judge had breached his right to a fair trial under Art 6, as the form M17 had previously been ruled incompatible with the Convention.

It later rejected the submission that the claimant's right to a fair trial under Art 6 (1) of the European Convention on Human Rights (the Convention) were affected, given the opportunity of judicial review.

The Criminal Evidence (Witness Anonymity) Bill will restore a trial judge's power to grant a witness anonymity order (WAO), after the House of Lords in R v Davis ruled that they breached the right to a fair trial under Art 6 of the European Convention on Human Rights.

Those approached for disclosure must be aware of their obligations to facilitate a fair trial under the provisions of Art 6 of the European Convention on Human Rights, especially if the third party is a local authority, which will require those tasked for disclosure of documentation to act reasonably in all the circumstances of the application.

Othman claimed that he could similarly not be deported to Jordan because deportation would expose him to a real risk of torture, contrary to Art 3, flagrant breach of his right to liberty under Art 5 of the Convention and flagrant breach of his right to a fair trial under Art 6.

Not exact matches

The Geneva Convention allows them to be «detained or prosecuted under the domestic law of the detaining state for such action; subject of course to international treaties on justice and human rights such as everyone's right to a fair trial.»

The summary trial, conviction and sentencing were anything but a fair hearing / trial and last but not the least, the taking away of their liberty was not in accordance with procedure permitted by law as required under Article 14 (1).

«Let us see what happens in terms of the review, but I very firmly believe that the values we have in this country of a fair trial, you should know what you're accused of, you shouldn't be locked up or put under house arrest.

«Our papers argue that the town is under a legal obligation to provide this information to us and the government so that Mr. Venditto can receive a fair trial.»

The unanimous ruling by four justices says the appeal failed to show the dog's presence was impermissible under state law or impaired his right to a fair trial.

The landmark U.S. Supreme Court decision Gideon v. Wainwright determined it to be an «obvious truth» that criminal defendants can not get a fair trial without a lawyer and mandated all states under the Constitution to provide attorneys for defendants unable to afford their own lawyers.

«Global Witness welcomes the swift steps taken by the Liberian government and believes that everyone investigated is entitled to due process under Liberian law and should receive fair trials.

Finally, she explains that the legal basis of the decision should have been Article 93 of the Constitution (which is the basis of Spain's integration in the EU), and not the right to a fair trial as interpreted with the aid of human rights treaties under Article 10 (2) of the Constitution.

The applicant company complained that the proceedings were contrary to its rights under Article 6 (1)(fair trial) of the Convention and Article 1 of Protocol No. 1 (peaceful enjoyment of possessions).

The department has acted in cases brought under The Terrorism Act 2000, The Anti-Terrorism, Crime and Security Act 2001, The Prevention of Terrorism Act 2005, The Terrorism Act 2006 and The Counter-Terrorism Act 2008; its lawyers are well - versed in advising and finding redress for those who find their basic and legal rights, such as freedom of speech, the right to a fair trial and freedom of association, curtailed by state interference.

Up until 1987, trial judges ordered what seemed fair under the circumstances.

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.

Trial by jury, he asserted in the one place in our justice system that gives meaning to the words, «equal justice under the law, fair and impartial.»

Facts of the case The Opinion of AG Bot under consideration deals with a similar conflict, namely between the Spanish constitutional right to a fair trial and the way in which that right is protected under Framework Decision 2009/299 and the Charter.

Citing the accused's right to life, liberty and security of the person and his right to a fair trial (under Sections 7 and 11 of the Canadian Charter of Rights and Freedoms, respectively), the Court stayed the criminal negligence charges.

He specialises in the right to liberty and security and the right to a fair trial in criminal matters under the ECHR and the EU Charter of fundamental rights.

Defending employers in «donning and doffing» wage and hour class actions under the Fair Labor Standards Act in the trial courts and all appellate levels.

And it follows that prosecuting non-lawyers because they give legal advice to people who can not obtain lawyers at reasonable cost, and can not afford present unreasonable costs, is to bar the people so advised and aided by those non-lawyers from their constitutional rights under the Canadian Charter of Rights and Freedoms, in particular, s. 7 (fundamental justice), s. 11 (d)(fair trial), and s. 15 (equality rights).

The Court of Human Rights in Strasbourg was impressed by our argument that he had been denied a fair trial, his right under Art 6 of the European Human Rights Convention, but, by the narrowest majority of nine to eight, it upheld the immunity.

Ecuador granted him asylum because Sweden, where he is wanted on charges for sexual assault, won't promise not to extradite him to the US, where the Australian citizen is under indictment, and where many seem unconvinced Assange could get a fair trial.

Their analysis concerned decisions under Article 3 (torture and ill treatment), 6 (fair trial) and 8 (right to family life).

He sought damages under the Human Rights Act 1998 (HRA 1998) on the basis of breaches of Art 6 (right to fair trial) and Art 1 of the First Protocol (right to peaceful enjoyment of possessions) of the European Convention on Human Rights (the Convention).

B alleged that his inability, in any real way, to challenge K's evidence violated his rights under European Convention 1950 Arts 6 (fair trial) and 8 (respect for family life).

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.

Further, since the Human Rights Act 1998 [3] if a person can not afford legal representation, this can undermine their right to a fair trial, a right which is protected under Article 6 [4] of the Act.

Notwithstanding the foregoing, in the event that the originally scheduled trial date is continued for any reason, and upon motion of any party, the court after hearing shall require the tenant or occupant claiming under this section to deposit with the clerk of the court, the plaintiff's attorney, or other secure depository each month (or at such other intervals as the court deems just) the amounts due for use and occupancy, calculated according to the fair market value of the premises, which amounts shall be held in escrow pending final disposition, unless the court determines that such requirement would result in undue hardship to the tenant or occupant.

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.

Finally, it states that under the common law, a judge also has «the authority to order a publication ban where various principles, including the effects on the accused's right to a fair trial, on the right to freedom of expression and on the administration of justice, are weighed».

But how far is it possible to have a fair trial where the law under consideration is beyond the comprehension of the averagely intelligent lay person (AILP); and where, for practical purposes, legal representation is denied, because legal aid is not available?

R. v. Bowden (J.R.) 2013 ABQB 178 Civil Rights — Trials — Due process, fundamental justice and fair hearings — Speedy trial — Accused's right to — What constitutes «within a reasonable time» In August 2012, the court issued a notice to the profession, setting out, as a pilot project for Edmonton, «Changes to s. 525 Detention Review and s. 520 Bail Review Hearings» under the Criminal Code.

Bank Mellat challenged the 2009 Order on the ground that it violated its rights under the European Convention on Human Rights, including its rights to property and right to a fair trial.

Turning to the admission of hearsay evidence, at para 35 Lord Steyn added that the proceedings were civil under domestic law and Art 6 (right to fair trial) of the European Convention on Human Rights (the Convention), the Civil Evidence Act 1995 (CEA 1995), s 1 and the Magistrates» Court (Hearsay Evidence in Civil Proceedings) Rules 1999 (SI 1999/681) allowed the introduction of such evidence.

This year's trial focused on only one issue: does Google's use of these specific 37 APIs fall under fair use?

This answer is of concern because, in the first instance, it fails to acknowledge that the provision of court interpreters, where required, is fundamental to a fair trial and equal treatment in legal proceedings (as required under Article 5 (a) of the Convention).