Sentences with phrase «of prosecution under»

If it appears that the duty to consult under s 8 (2) of the Prevention of Terrorism Act 2005 (PTA 2005) or the duty to keep the prospect of prosecution under review has been breached, and also that but for the breach the individual could and should properly have been prosecuted with a reasonable prospect of success, a control order should be quashed.

Following Tomlinson, on 26 April 2005, in Hampstead Heath Winter Swimming Club and another v The Corporation of London and another [2005] EWHC 713 (Admin) Mr Justice Stanley Burnton (as he then was) was unimpressed by the corporation's purported prohibition of swimming in the mixed pond on Hampstead Heath, for fear of prosecution under the Health and Safety at Work etc Act 1974, s 3.

To the best of our knowledge, there has not been one reported case of prosecution under this Act in the last thirty years.

But by adding an act of terrorism on American soil to his securities fraud, Le Chiffre dramatically increased the odds of prosecution under U.S. laws greatly strengthened after 9/11.

Canada has stepped up its enforcement of the CFPOA following criticism from the OECD for lack of prosecutions under its foreign anti-bribery legislation.

21.12 (1) A judge presiding over the Family Court shall be deemed to be a judge of the Ontario Court of Justice for the purpose of prosecutions under Part V (Child Protection) and Part VIII (Adoption and Adoption Licensing) of the Child, Youth and Family Services Act, 2017, the Children's Law Reform Act, the Family Law Act and the Family Responsibility and Support Arrears Enforcement Act, 1996.

Not exact matches

Mascia insisted the rules of equity will apply if the defence wants to call back a prosecution witness to ask additional questions not covered under cross-examination.

Canadian companies have been operating in some of the most corrupt countries in the world for decades, but guess how many successful prosecutions there have been under foreign bribery laws in the history of our nation.

But the concept of Too Big To Fail was legislated under Obama and Wall Street indictments / prosecutions fell precipitously from the previous Administration.

There 57 prosecutions under the Computer Misuse Act in 2016, even though over 1.2 million instances of cybercrime were reported.

So far, both the RCMP and the Public Prosecution Service of Canada have maintained that these agreements are not available under current Canadian law, a position Mr. Barutciski dismisses.

Sales could be prosecuted under the criminal accessory component of this law, though such prosecutions were rare, because the state's policy was meant to prevent birth - control clinics from operating in Connecticut.

Some have faced prosecution, with others allowed to re-enter society under the watch of security services.

In some neighborhoods, one in three young black males is working as a «snitch,» forced to testify against friends and family under the threat of prosecution.

At the age of 83, the man who once terrorized Chile now looks forward to spending his first Christmas in London, under guard, while awaiting extradition to Spain for prosecution.

I guess under Judge Martin's brilliant legal analysis, if the gun - toting, bible - beatin» Christians of his county find his ruling «offensive» they can just bring their pitchforks and remove him from the bench, and then in any subsequent prosecution all evidence will be thrown out and Judge Martin can be called a «doofus» for making a ruling that offends them.

Under his bail conditions, Pell can not leave Australia, contact prosecution witnesses and must give police a 24 - hour notice of any change of address.

It is the Commonwealth Director of Public Prosecutions (CDPP) which has the power to bring criminal indictments under the Act.

No prosecution has been brought under these Regulations, even though companies and enforcement authorities sometimes acknowledge they have been broken, as in promotions of Nestlé SMA infant formula across the Tesco chain at the beginning of the year.

That's a shameful situation and we've allowed that to continue for the last 45 years by the continued prosecution under the Misuse of Drugs Act and the idea that prohibition will make a difference.

It is a scandal that the number of investigations have halved under the Tories while at the same time there have only been two prosecutions for non-payment under this government.»

Is Venezuela ready for amnesty laws or will it witness prosecutions of those who committed human rights violations under Chavismo?

Oral arguments are scheduled to take place in the U.S. Court of Appeals on Thursday in a years - long civil litigation over the U.S. Department of Justice's failure to fully release under FOIA records about the prosecution of activists over their activism.

But for the privilege to be nullified under the «crime - fraud exception,» Litman said the taint team would have to get the approval of the court before the material could be presented to the prosecution.

The only way the prosecution would be permitted to examine any material that might otherwise fall under the attorney - client umbrella is if it is determined to be part of a crime jointly undertaken by the attorney and the client.

The outspoken New Patriotic Party Member of Parliament for Assin Central Kennedy Agyapong has stated that the docket for the prosecution of five former appointees under the John Mahama - led government is ready.

Don Touhig, the under secretary of state for defence, insisted the proposals had not been introduced in the wake of the recent spate of prosecutions against members of the armed forces in Iraq, saying they were aimed at bringing the current system up to date.

Comic writers, artists and publishers will be watching carefully to see the first prosecution under the law for signs of how strictly enforced it will be, rather than trusting Ministry of Justice assurance that it will only apply to paedophilic cartoons and animation.

«There are a small number of offences for which any decision to bring a prosecution would require my personal consent under statute.

«That the applicant, who knows full well that she is on bail in the United Kingdom where she is being investigated for several financial crimes, and that she would not be able to leave that country in view of the ongoing investigation and imminent trial, is seeking the order of this honourable court for the charge before this honourable court to be amended to include her name on the face of the charge in order for her to escape from investigation and prosecution in the United Kingdom under the guise that she is coming to face her trial before this honourable court and also to scuttle the trial before this honourable court.»

The state comptroller had recently been forced out of office over similar charges under the threat of prosecution by the Albany County D.A. (The same D.A. ultimately conducted two investigations of Troopergate.

While we do not celebrate the criminal prosecution of Terry James, we laud District Attorney David Soares for investigating every assault at CDPC to ensure patients and staff are treated equally under the law.

INVESTIGATING HOLDER: The House Judiciary Committee is looking into whether Attorney General Eric Holder lied under oath earlier this month when he said he wasn't involved in the «potential prosecution of the press,» two Republican committee sources confirmed Tuesday.

The President leads the executive arm of government and every other agency of prosecution are under him.

The acting deputy commissioner told MPs that the Met had failed to investigate sufficient cases of phone - hacking because it had operated under previous Crown Prosecution Service (CPS) guidelines, which found that a crime had only been committed if voicemails were hacked before the intended recipient heard them.

One of his lawyers, Victor Kodjoga Adawudu, told the court the charge of narcotics leveled against his client was not an offence under the extradition laws of Ghana for which his client must be sent to the UK for prosecution

By Section 270 of the Administration of Criminal Justice Act, a plea bargain agreement is allowed as in this case, wherein the first defendant has provided relevant information to aid the prosecution of this case... it appears to me that by the above provisions of the ACJA, under a plea bargain agreement, the appropriate sentence to be recommended should be within the appropriate range of punishment stipulated for the offence charged.

State Sen. Todd Kaminsky: In his previous act, the fast - rising Nassau County politician served under Loretta Lynch during her tenure as U.S. attorney for the Eastern District of New York, and oversaw the successful prosecution of ex-Rep.

FHC / S / 22C / 2014, between the Federal Government of Nigeria and Mohammed Bello, Abubakar Abdullahi Ahmed, Rose Gallery Nigeria Limited, Silver Spring Global Concept Limited and Sitex Multiservice Limited, has been under prosecution by the commission since 2014 before Justice R. M. Aikawa of the Federal High Court Sokoto, who was recently transferred to the Lagos Division of the Federal High Court.»

To facilitate fruitful exchange of reform experiences and sharing of applicable good practices, the JUSTPAL Network has organized its activities under (currently) five Communities of Practice (COPs): (i) Budgeting for the Justice Sector; (ii) Information Systems for Justice Services; (iii) Justice Sector Physical Infrastructure; (iv) Court Management and Administration; and (v) Prosecution and Anti-Corruption Agencies.

Grimm defeated Democratic incumbent Rep. Michael McMahon — now the borough's district attorney — in the Tea Party wave of 2010 and easily won re-election in 2014 while under federal indictment in the tax case, claiming his innocence and charging he was the victim of a politically motivated prosecution.

The documents which were tendered through the second prosecution witness, Mr. Ochoga Peter Esuh, who was a Cashier at the Benue State Government House certified true copies of memo to the executive governor (Suswam), payment receipts, payment vouchers of the N450 million and a letter to the Commissioner of finance, under Suswam's administration, Omadachi Oklobia in respect of the money.

«The Green Party calls for the immediate legalization of the growth, sale and possession of cannabis and hemp under NY State law, and for legal opposition to Federal prosecutions for the same.

While the State Legislature failed to agree on a bill that would protect minors from prosecution — or to «raise the age,» as Mr. Cuomo put it — to governor said he would issue an executive order barring persons under the age of 18 from the state's adult correctional facilities, a move he said had Mr. Heastie and Mr. Flanagan's support.

The state's top lawyer also touted his multi-billion-dollar relief packages he had wrung from Bank of America and JP Morgan, his prosecution of under - paying employers and his effort to mandate background checks for purchases at gun shows.

«Federal prosecutors had conceded that under a U.S. Supreme Court ruling last summer, a federal honest services prosecution must include specific allegations of a bribe or kickback, which Bruno's case did not.»

«SERAP believes that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of grand corruption would violate the principle of good faith under international law.

Its prosecution of three Labour MPs and one Conservative peer began in the courts yesterday, when Jim Devine, Elliot Morley, David Chaytor and Lord Hanningfield pleading not guilty to charges under the Theft Act.

Among the 16 factors tending in favour of prosecution are considerations relating to the victim's age being under 18; the victim's mental capacity to reach an informed decision; and whether the suspect was «wholly motivated by compassion».

Last night, a group of suspects that had been arrested in Kwara state for cultism and whose investigations had been completed, and were about to go under prosecution under state law under the advice of the DPP and Ministry of Justice.