Sentences with phrase «fairness of the proceedings»

The right to examine witnesses has slowly been weakened in favour of a more holistic approach that focusses upon the overall fairness of the proceedings instead of potential individual deficiencies.

[6] In its explanatory note to the proposal, the Commission also states that suspects not only should have an effective (Article 10), but also a specific and immediate remedy at any stage of the criminal proceedings when evidence is obtained in breach of the right to remain silence or the privilege not to incriminate oneself, save in very exceptional circumstances where the use of such evidence would not prejudice the overall fairness of the proceedings (§ 36 of the explanatory note).

The latest revision to the so - called «partner contribution plan» came a day after a group of retired LeBoeuf Lamb Greene & MacRae partners as well as spouses of deceased retirees asked Manhattan bankruptcy court judge Martin Glenn to put Dewey's Chapter 11 bankruptcy in the hands of either a trustee or an independent examiner to ensure the fairness of the proceedings.

Whether a case concerns civil, criminal, family or regulatory proceedings, disclosure failings may constitute a fatal blow to the fairness of proceedings leading to a stay or strike out or other adverse consequences.

The wording of Article 3 (1) and (9) in fine seems to support that view, as they stress the importance of the translation of documents for the right of defence and the fairness of the proceedings.

Yet, the Court stresses the importance of the underlying objectives of the Directive: enabling the preparation of a defence and safeguarding the fairness of the proceedings (§ 63).

The provision ensures the ability to exercise the right of defence and the fairness of the proceedings (§ 43).

The Directive should be interpreted in light of its context and objectives (§ 29): in order to guarantee the fairness of the proceedings and the ability to exercise one's right of defence, a person should be able to make statements in his or her own language (§ § 33 and 37).

Guideline 26 provides that the Tribunal may admonish a Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative, consider the Party Representative's Misconduct in apportioning the costs of the arbitration and take any other appropriate measure in order to preserve the fairness of the proceedings.

The application before the Court concerned the fairness of proceedings before the Constitutional Court regarding the ownership of shares in the company.

For her representation motion, Nordlander partly relied on a web page that said a court may allow non-lawyer agents to represent litigants unless the agent has been shown to be incompetent, is in trouble with the law, or would damage the fairness of the proceedings.

There are extensive rules developed around ensuring a jury hear relevant and probative evidence as opposed to information that would be merely prejudicial and may affect the fairness of the proceedings.

As for the criminal courts, it is for them to decide whether to admit / exclude evidence subject to their discretion under the Police and Criminal Evidence Act 1984 (PACE 1984), s 78, and to exclude it if in all the circumstances — including the circumstances in which the evidence was obtained — the admission would have such an adverse effect on the fairness of the proceedings.

It also found the court failed to play its proper gatekeeper role by not excluding this testimony so as to ensure the integrity and fairness of the proceedings.

the use of Motherisk hair - testing evidence in child protection and criminal proceedings «has serious implications for the fairness of those proceedings.»