Sentences with phrase «for civil offences»

Not exact matches

Indeed, until it was reformed in 1989, Section 2 of the Official Secrets Act 1911 made it a criminal offence for any civil servant or public contractor to reveal any information he or she had learned in the course of his or her work: an offence that successive governments continued to prosecute well into the 1980s, despite recommendations published in 1972 by the Franks Committee calling for reform.

As discussed above, in 1999, the Competition Act's criminal misleading advertising provisions were replaced with a dual - track system which retains a criminal offence for serious cases, and deals with the rest through a civil system.

Under s. 36, civil plaintiffs may commence damages actions or class actions for the violation of any of the criminal offences of the act or the failure to comply with a competition tribunal or court order under the act.

What is notable about the case is that the Workers» Compensation Board sought a significant period of incarceration notwithstanding that jail sentences for civil contempt are approached with the same reservation as jail sentences for health and safety offences.

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.

However, in Wilkinson v Kitzinger [2006] All ER (D) 210 (Apr) the President of the Family Division, Sir Mark Potter, distinguished between marriage and civil partnership on the basis that the former must be between a man and a woman as provided for in the MCA 1973, legislation which was originally debated in the late 1960s at a time when homosexuality had only been legalised by the Sexual Offences Act 1967.

In the U.S. almost every State has rejected criminal prosecution for this offence, primarily for policy reasons, as it encroaches on civil liberties.

Where: (i) the defendant's crimes are limited to offences causing loss to one or more identifiable loser (s); (ii) his benefit is limited to those crimes, (iii) the loser has neither brought nor intends any civil proceedings to recover the loss; but (iv) the defendant either has repaid the loser, or stands ready willing and able immediately to repay him, the full amount of the loss, it may amount to an abuse of process for the Crown to seek a confiscation order which would result in an oppressive order to pay up to double the full restitution which the defendant has made or is willing immediately to make.

For example, federal procurement rules provide for debarment or suspension of a company from contracting with the US government upon a conviction of or a civil judgment for a number of offences, including bribery, or any offence «indicating a lack of business integrity or business honesty...» [30] Moreover, federal disbarment or suspension may automatically trigger a cascade of similar consequences at the state or local, [31] and international, [32] levels, and can lead to follow - on private litigatiFor example, federal procurement rules provide for debarment or suspension of a company from contracting with the US government upon a conviction of or a civil judgment for a number of offences, including bribery, or any offence «indicating a lack of business integrity or business honesty...» [30] Moreover, federal disbarment or suspension may automatically trigger a cascade of similar consequences at the state or local, [31] and international, [32] levels, and can lead to follow - on private litigatifor debarment or suspension of a company from contracting with the US government upon a conviction of or a civil judgment for a number of offences, including bribery, or any offence «indicating a lack of business integrity or business honesty...» [30] Moreover, federal disbarment or suspension may automatically trigger a cascade of similar consequences at the state or local, [31] and international, [32] levels, and can lead to follow - on private litigatifor a number of offences, including bribery, or any offence «indicating a lack of business integrity or business honesty...» [30] Moreover, federal disbarment or suspension may automatically trigger a cascade of similar consequences at the state or local, [31] and international, [32] levels, and can lead to follow - on private litigation.

One of the cases presented to me at this moot was Kathryn Leah Smithen v. Law Society of Upper Canada, dealing with an applicant who «disclosed a criminal history of 38 or 39 convictions for fraud - related offences between 1979 and 1993, several outstanding civil judgments, two judgments entered against her in actions involving fraud, two terminations of employment for cause, and two declarations of bankruptcy.»

This is a criminal or civil offence and can be punished by fines of up to $ 1.1 million for a body corporate and $ 220,000 for a person other than a body corporate plus injunctions, damages, compensatory orders and other remedies.

The starting point is the Criminal Code which provides that «[n] o civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence».

Second, there is legislation in Ontario, not generally well known by the judiciary or the bar, that provides for a direct right of civil compensation against those convicted of sexual offences.

Faulkner recommended that the Legal Aid Society open neighborhood law offices for civil law problems, supply lawyers to handle all hybrid offences and first summary conviction offences and provide duty counsel in criminal courts.

The potential consequences of the naming of individuals following the DPA's publication can be seen in the fact that Ms Shose Sinare, one of the Tanzanian individuals allegedly responsible for the underlying offence in Standard Bank plc, has brought a civil claim against Standard Bank in the Tanzanian courts alleging, among other things, that she had a right to see and respond to the allegations in the statement of facts.

It provides that the «record of proceedings» in a matter that results in the conviction for a criminal offence under the Act (or a failure to comply with a Tribunal order) is «prima facie» evidence of the alleged conduct in a civil action.

In any subsequent civil proceedings, the fact of a conviction will be admissible in evidence for the purpose of proving, where relevant, that the convicted person committed the offence, and the information, complaint, indictment or charge - sheet on which the person in question was convicted are admissible for the purpose of identifying the facts on which the conviction is based.

From at least the 1940s, the Court has distinguished between, on the one hand, simple negligence that is required to establish civil liability or guilt of provincial careless driving offences and, on the other hand, the significantly greater fault required for the criminal offence of dangerous driving (American Automobile Ins.

Contempt of court is the only civil proceeding that could result in jail and because of the potential impact on an individual's liberty, the formalities must be strictly complied with ̶ clear, precise and unambiguous notice of the specific contempt offence for which he or she is being charged must be given, and the elements required for a conviction proved beyond a reasonable doubt.

What is notable about the case is that the Workers» Compensation Board sought a significant period of incarceration notwithstanding that custodial sentences for civil contempt are approached with the same reservation as custodial sentences for health and safety offences.

The rule states that students are permitted to appear as counsel, under supervision, for «an appeal in the Court of Appeal, the Federal Court of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.»

The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than the prosecution of offences under sections 42 and 43, for the enforcement of a provision of this Act or of the civil remedies provided by this Act.

We have now reached the point where the monetary penalties corporations face for certain offences are greater in civil judgments than criminal fines.

In the civil context, the OFT states at para 3.6 of The Cartel Offence — Guidance on the Issue of No - action Letters for Individuals (OFT 513) that where an undertaking has been granted full civil leniency, ie 100 % reduction in fine, by the OFT in relation to enforcement of the CA 1998 or by the European Commission in relation to proceedings under Art 81 of the EC Treaty, it will normally be prepared to issue no - action letters to any employees, directors, ex-employees or ex-directors named in an application for no - action letters made by that undertaking on behalf of those named individuals, provided the usual conditions for the grant of a no - action letter are fulfilled.

In the UK, trespass (except in places like nuclear plants and railway lines) is a civil offence not a criminal offence, and so you can only be sued for compensation for any costs the landowner incurred as a result of your trespass, and you can't get a criminal record.

The third major change was the introduction of Administrative Monetary Penalties (AMPs) for certain civil offences under the Competition Act, particularly abuse of dominance.

Military commissions organized during the late civil war, in a State not invaded and not engaged in rebellion, in which the Federal courts were open, and in the proper and unobstructed exercise of their judicial functions, had no jurisdiction to try, convict, or sentence for any criminal offence, a citizen who was neither a resident of a rebellious State nor a prisoner of war, nor a person in the military or naval service.

261 No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

courts, and until the time of James I, it was punished through the instrumentality of those tribunals not merely because ecclesiastical rights had been violated, but because upon the separation of the ecclesiastical courts from the civil the ecclesiastical were supposed to be the most appropriate for the trial of matrimonial causes and offences against the rights of marriage, just as they were for testamentary causes and the settlement of the estates of deceased persons.