Sentences with phrase «for judicial discretion»

Rather than making a decisive statement on this issue, the court provided for judicial discretion, finding that trial judges must engage in a fact - driven analysis when this question comes up.

Such personal characteristics of the claimant as might have prevented him from acting as a reasonable person would have are a matter for judicial discretion under s 33.

Such a government can pass legislation providing for greater guidance on cost regimes in the public interest, thereby providing basis for judicial any discretion in this area.

Almost all jurisdictions require courts to base custody decision on the best interests of the child — a standard that allows for judicial discretion.

As to whether a court will allow expert evidence to be given to a jury in relation to any sample recovered and compared to the defendant, this is a matter for judicial discretion.

The determination of public interest standing relates directly to the effectiveness of process, and is therefore particularly appropriate for judicial discretion, which therefore should not render the test for public interest standing a strict technical requirement.

The outcome would remain a matter for judicial discretion.

In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment,» said the majority.

«In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment.»