Sentences with phrase «judges discretion»

The law gives judges the discretion to distribute debts and assets between divorcing spouses in a way that seems fair.

There are other rules in the Provincial Court Family Rules that give Judges discretion in extraordinary circumstances: Rule 5 (8) allows for Provincial Court Judges to make court orders without following regular Registry procedures and Rule 12 (2) provides for a Provincial Court Judge to dispense with service requirements.

The guidelines also give judges discretion in...

They are: to give judges discretion on whether to grant permission for a challenge if they are of «exceptional public interest»; and to allow judicial committees to decide the level at which individuals who fund cases will have to be identified.

Four retired senior judges have warned Peers that judicial independence is at risk from plans to give judges discretion over how much weight to attach to European Court of Justice decisions after Brexit.

granted, No. 14 - 103, before the U.S. Supreme Court, centers upon the issue of whether Section 330 (a) of the Bankruptcy Code grants bankruptcy judges discretion to award compensation for the defense of a fee application (i.e., fees for fees).

So, instead of merely having a broad - based law against theft / fraud, and allowing the judges discretion for aggravating / extenuating circumstances, we create lots of little theft / fraud laws to fit each situation, fighting the last war.

Rosie's Law, introduced by Democratic Senator Terry Gipson, would permit judges the discretion to allow certain witnesses to be accompanied by a facility dog when providing testimony.

Gipson notes the law would give judges the discretion to allow facility dogs for not only child abuse victims, but for any victim or witness of a violent crime or sexual assault, as well any children or adults impaired in any way, on the defense or prosecution side.

Proposition Two would modify the state's constitution to allow judges the discretion to strip the pensions from some elected officials convicted of felonies.

Proposition Two gives a judge discretion to revoke the pensions of public officials convicted of felonies for crimes committed after Jan. 1, 2018.

In an article entitled Live broadcasts urged for courtroom decisions, the daily writes that Ray Wyant, a former journalist and the current chief provincial court judge «is planning on meeting with every provincial court judge in the near future to discuss his proposal further and will likely table a policy that will give each judge the discretion to allow audio and possibly videotaping of court cases».

In Michael H., our Supreme Court joined jurisdictions that «give the trial judge discretion to order a victim to submit to a psychological evaluation when the defendant can show a compelling need for such an evaluation.»

But Berman also notes that the Supreme Court made sentencing guidelines voluntary in January 2005, leaving the judge discretion to give the same sentence.

Sean Krausert (@thatpovertyguy), a social justice activist in Canmore, Alta.: Less $ re social services + less judge discretion + mandatory min.

In my view then, s. 37 of the Canada Evidence Act gives a trial judge the discretion to determine the type of hearing he or she will conduct and determine who may attend when a specified public interest issue is certified.

Section 684 (1) gave a judge the discretion to appoint counsel for an indigent accused on appeal, «where it appears desirable in the interests of justice».

Not exact matches

(This system is intended to limit judges» discretion.)

Further, he can (at the judge's discretion) be barred, for up to seven years, from becoming a member of council again.

South African law states a minimum of 15 years for murder, however judges can use discretion with this.

But construed broadly, this approach also gives judges tremendous discretion.

The judge, at his discretion, had allowed us to go home each evening while the trial was in progress, with strict instructions to discuss it with no one.

Most obvious is the discretion in sentencing where if a crime has a State penalty of 10 to 15 years and it's up to the judge or jury as to the actual sentence handed down then the intent of the crime is often debated and used in the decision.

The sentence for a culpable homicide conviction is at the judge's discretion, although it can range from a suspended sentence and a fine to up to 15 years in prison.

This can never be tied down by such strict rules, either in the delineation of the offense by the prosecutors or in the construction of it by the judges, as in common cases serve to limit the discretion of courts in favor of personal security.

17.2 This trophy is awarded by the Chairman of Judges at his or her absolute discretion.

His Honour then addressed the ACCC's submission that (para 362)» the primary judge erred by failing to recognise that Metcash enjoyed a degree of pricing discretion and that that freedom demonstrated that it did not face close constraint from the major supermarket chains» and again concluded (at 375) that the «primary judge's assessment... does not reflect error».

Undercooked or burnt attempts at lunch will warrant a five - place grid penalty at the judge's discretion.

Since umpires are (a) human and (b) granted wide discretion to judge the degree of transgression, it is only natural that they often respond to the sum total of a player's «offenses.»

The decision by a three - judge panel stated that, «the Commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.»

Over the years the initial concept of scouting has changed, but at Sedgefields, in keeping with tradition, scouts are sent into the field, at the discretion of the judges, only when conditions indicate that they are absolutely needed.

Associate Professor of Journalism Rich Hanley was at one of these forums and recalls that Lahey felt the judge in the case had used wide judicial discretion.

«The FAA's decision that it had no discretion to exercise over whether the city could continue to occupy the premises and operate the airport was reasonable,» the judge declared.

The channel is also kind enough to have a «viewer's discretion» or a «grossometer» disclaimer to help you judge whether the episode is appropriate for your kids to watch.

Additional honorable mentions may be awarded at the discretion of the judges.

Judge Sharpe has a very wide discretion in sentencing.

NOTE: When I say that «didn't pan out», I mean that judges still don't have full sentencing discretion, although it has been pointed out to me that they have more than they used to before reforms were undertaken).

U.S. District Judge Nicholas Garaufis rejected the Justice Department's claim that courts should not intervene in Trump's exercise of «prosecutorial discretion» to eliminate the protections former president Barack Obama created in the Deferred Action for Childhood Arrivals program.

We find it very bizarre that the Hon. Attorney - General, Ms Gloria Akufo, who assured the entire citizenry of her commitment to fairness and strict adherence to ethical principles at her vetting not too long ago, will claim that she exercised the said constitutional discretion on grounds merely that there was a lack of evidence to prosecute the case in question when indeed, the Siting Judge, Court Clerks, Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from same.

Taking discretion in sentencing out of the hands of judges.

Judges will have the discretion to determine whether a spouse or dependent children would suffer «undue hardship» from a pension being reduced or eliminated.

Any disputed ballots will be left to the discretion of State Supreme Court Judge Joseph Glownia.

While serving in the State Senate, Martins helped craft the legislation, signed by Gov. Andrew M. Cuomo in 2011, that provides judges with discretion during sentencing to strip the pensions of officials convicted of corruption.

The judge added that he himself reviewed Diane Piagentini's victim impact statement and Bell's sentencing remarks — and still found that the parole board had been within its discretion in voting to free Bell.

However, in his appeal marked CA / A / 451C / 2018, Metuh said the trial judge «manifested obvious bias» against him by failing to exercise his discretion judicially and judiciously when he dismissed his application based on «imaginary facts».

But Republicans counter that while juvenile offenders may be entering the system through adult court, that doesn't mean they are being treated as adults, since judges and prosecutors have broad discretion.

He gave judges additional discretion for low - level drug offenders.

Right now judges are given discretion on whether to confiscate guns when an order of protection is issued against a person.

The decision to make a case public or private is made at a judge's discretion.

Judges currently have the discretion to issue such orders.