Sentences with phrase «order offence which»

Not exact matches

It's difficult to blame Ozil for the difficulties he's faced at Arsenal without looking at the big picture... like the fans, he too was lied to by Wenger... there is no doubt in my mind that he was told by Wenger that he was trying desperately to recreate our earlier success by acquiring players that fit the system he ran when Henry was in his prime... as we know this hasn't happened... in order for Ozl to flourish he needs some speed up front, forwards that can make intelligent runs, a boss in the midfield to compensate for his obvious defensive liabilities and defenders who can transition from defence to offence quickly and efficiently... much like he had in Real and with the German National squad... unfortunately he ended up on a squad that has a striker who plays with his back to goal, very few intelligent runs into the box, minus Sanchez, no one to take pressure off him in the midfield, once Cazorla was injured, average defensive midfielders around him, which simply highlighted his lacking defensive qualities and defenders who lack the necessary cutting edge when it comes to transitional passing... instead of blaming Ozil, which is simply too easy, especially considering his mopey disposition, we should be asking ownership and / or Wenger why they brought him in if they didn't intend on doing what was necessary to get the best from him... can you imagine Ozil playing with the likes of Henry, Viera, Petit and Pires, it would be incredibly to watch and even more difficult to stop... so the only thing different between his experiences in Real and with the German team versus his time at Arsenal are the players around him and we all know who is in charge of making those decisions, the Grinch who stole soccer

Furthermore, every case that involved NPS offences would require the suitably qualified medical expert to provide their evidence in court, which would no doubt incur a substantial financial cost in order to secure their services.»

This is in spite of new parliamentary Labour Party standing orders which made it a disciplinary offence for MPs to vote against the government.

John Richards was told that his sign might contravene the Public Order Act 1986, which dictates that it is an offence to display signs that are threatening, abusive or insulting, and could cause distress.

Some of the grounds the Federal Government is seeking the revocation of Kanu's bail are that; the offence for which he is standing trial is not ordinarily bailable; that among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should file in court medical updates of his health status every month; that rather than observing all of the conditions listed above, the 1st defendant in flagrant disobedience to the court order flouted all conditions of the bail.

«A government which is desirous to secure conviction of persons charged with criminal offences can not treat the orders of the same court with disdain and impunity» Falana added.

According to the organization, «The orders sought are necessary to know exactly what happened to the Paris Club refunds, and the release of the information including on a dedicated website would be deemed incidental to the power of the federal government to achieve effective implementation of anticorruption legislation such as the Corrupt Practices and other Related Offences Act, which is applicable in all states of the federation, and will not amount to interference with activities within the states involved.»

Should the referring court find that, according to the particular values of the legal order of the Member State in which it has jurisdiction, offences such as those committed by Mr I. pose a direct threat to the calm and physical security of the population, that should not necessarily lead to the expulsion of the person concerned.

In cross-examining the accused (if he or she testifies), the Crown can cross-examine not only on general reputation, but on specific acts of bad character or misconduct that are similar in nature to the offences charged, in order to neutralize the evidence of good character.204 The trial judge retains the discretion to disallow such cross-examination where it would result in undue prejudice.205 If the accused made a statement to police that has been ruled voluntary, and there is an admission therein which is contrary to the evidence led by the accused in relation to his or her good character, the Crown should consider cross-examining the accused on that prior inconsistent statement.

The sentence was delivered pursuant to Section 75 of Nova Scotia's Occupational Health and Safety Act, which allows the court to order any number of creative conditions which serve the purpose of «securing the offender's good conduct and... preventing the offender from repeating the same offence».

The insurer's position was based on an allegation in the pleadings that the OSPCA violated an order of the Animal Care Review Board, which is an offence under the OSPCA Act.

He was given a three - year community order and a sexual offences prevention order, which included a prohibition on his having unsupervised access to minors and a requirement to participate in a sex offender programme.

In relation to the criminal cartel offence under the Enterprise Act 2002 (EnA 2002), the government set out four options for reform, all of which included the removal of the dishonesty requirement from the offence in order to make it easier to prove in court.

As a result of the decision in R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin), the Divisional Courts made Norwich Pharmacal [1974] Ac 133) order, requiring disclosure by the foreign secretary of material which it considered was essential to a fair trial in criminal proceedings in the US for terrorist offences.

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.

«In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from --(a) giving evidence on any matter; or answering any question put to him in the course of his giving evidence, on the ground that doing so might incriminate him or his spouse of an offence.»

AUTOMATIC DEPORTATION: SS 32 - 39 An «automatic deportation» scheme is established which applies to non-British citizens who have been sentenced to: a period of imprisonment for 12 months (suspended sentences are not included unless a court orders that part of the sentence should take effect, neither are consecutive sentences cumulatively adding up to 12 months); or a period of imprisonment for one of many offences specified in the Nationality Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 (SI 2004/1904).

However, the Court also went on to make what appear to be extraordinary injunctions — which the Court stated that they were modelled on ASBOs and Sexual Offences Prevention Orders and Risk of Sexual Harm Orders forbidding the Defendants from:

548... Endorsing charge (2) Where the justice orders the accused to stand trial for an indictable offence, other than or in addition to the one with which the accused was charged, the justice shall endorse on the information the charges on which he orders the accused to stand trial.

«The offences cognizable by military commissions may thus be classed as follows: (1) Crimes and statutory offences cognizable by State or U.S. courts, and which would properly be tried by such courts if open and acting; (2) Violations of the laws and usages of war cognizable by military tribunals only; (3) Breaches of military orders or regulations for which offenders are not legally triable by court - martial under the Articles of War.»

Section 2 of the CHRA provides that the purpose of the CHRA is to «extend the laws in Canada to give effect... to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.»

Specific topics which have been covered in recent conferences include judicial ethics; interpreters; delivering reasons for judgment; assessing credibility; social media; technology and search warrants; managing a provincial offence trial; effectively communicating an oral judgment; risk assessment and indicators of lethality at bail hearings; the Youth Criminal Justice Act; eye - witness identification; conducting pre-trials; specific issues at trials of regulatory offences; fly - in - courts, residential schools; application of Gladue principles; mistrials and bias; accident reconstruction; search warrant issues; domestic violence issues; orders for examination under the Mental Health Act; child apprehension warrants under the Child and Family Services Act; evidentiary issues; discrimination and harassment in the workplace; stress management; and pre-retirement planning.

The categorical certainty with which the Divisional Court rejected Groia's «judicial independence» defence stands in contrast with Nordheimer J.'s painstaking treatment of the need to allow criminal defence lawyers to be free to represent unpopular clients accused of offences against public order.

This comes as little surprise, as public order has long been an aggravating factor for an offence which, committed in isolation, would have been treated more leniently.

Any person who makes or causes to be made any change in or suppression of the title, or the name of the author, of any dramatic or operatic work or musical composition in which copyright subsists in Canada, or who makes or causes to be made any change in the work or composition itself without the written consent of the author or of his legal representative, in order that the work or composition may be performed in whole or in part in public for private profit, is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding four months or to both.

Restraining orders may also include conditions for arrest upon breach of the order, and breaches are considered criminal offences under section 127 of the Criminal Code, RSC 1985, c C - 46, which creates the offence of disobeying a court order without lawful excuse where no other punishment is expressly provided by law.

The Canadian Human Rights Act defines the following prohibited grounds of discrimination: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

This order amends Schs 3 and 5 of the Sexual Offences Act 2003, which deal with notification requirements, foreign travel orders and sexual offences preventionOffences Act 2003, which deal with notification requirements, foreign travel orders and sexual offences preventionoffences prevention orders.

The expiry of 120 days from the issue of the order, provided no complaint was lodged by the syndic and no application for the renewal of the order was made during that time with regard to the offence that gave rise to the charges in the prosecution on which the request was based.

Words spoken which amounted to part of the offence being charged — in this instance Public Order Act 1986, s 5 — did not fall to be considered under the Police and Criminal Evidence Act 1984 (PACE 1984) Codes of Practice, para 11.13 Code C and there was no duty on the police to give the detainee an opportunity to read the police record of what was alleged to have been said and sign it as correct — or not as the case may be.

The plaintiff in its motion, which is not supported by any affidavit material setting out its motive, seeks leave to send the transcripts of the examinations for discovery to the police in order that an investigation can be carried out, and presumably charges laid, if there are reasonable and probable grounds to believe that an offence has been committed.

The Court held that the overarching consideration is that it was Parliament's intention that (i) offences committed before the commencement date should not be included in the s 156 consideration; and (ii) offences committed after that date which could generate confiscation orders under the Act should be dealt with under s 156.

The Supreme Court concluded that there is no unfairness caused by any of the differences between the earlier regime and the regime under the 2002 Act where the 2002 Act regime is applied only to post-commencement offences, because the rules which are being applied are those which were in force, and publicly known, at the time the offences generating the confiscation order were committed.

The judgment, which sets aside Tatton's acquittal and orders a new trial, provides a two - step process that must be taken into account when determining whether property damage is a result of a specific - or general - intent offence.

Parliament had gone to some lengths to avoid a procedure which crossed the criminal boundary: there was no assertion of criminal conduct, only a foundation of suspicion; no identification of any specific criminal offence was provided for; the order made was preventative in purpose, not punitive or retributive; and the obligations imposed had to be no more restrictive than were judged necessary to achieve the preventative object of the order.

race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

Convicted organisations can also be given a publicity order, which requires them to publicise their conviction, particulars of the offence, amount of the fine and the terms of the remedial orders imposed.

In interpreting Art 8, both European and UK judges have developed principles which recognise that a state has the right to expel an alien convicted of one or more criminal offences in order to maintain public order and safety.

Where any person has been convicted of any offence under this section, the uniform, badge, button or other distinctive mark in respect of which the offence has been committed shall be forfeited unless the Minister otherwise orders.

When any person has been convicted of any offence under this section, the uniform, dress, button, badge or other thing in respect of which the offence has been committed shall be forfeited unless the Minister otherwise orders.

Any person who knowingly utters as and for a subsisting and effectual document any document or electronic record which has by any lawful authority been ordered to be revoked, cancelled or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had forged the document.

Furthermore, if someone prevents you or your dependents from entering or remaining in a place to which the order relates (while the barring or interim barring order is in effect), they are also guilty of an offence.

Countless times Aboriginal and Torres Strait Islander people have shed light on «what works» to reduce «acts intended to cause injury», «unlawful entry with intent», sexual assault, driver licence offences, and breaches of state orders for which Aboriginal and Torres Strait Islander people are often imprisoned.

Without consent or a court order it may be classed as child abduction, which is a criminal offence under the Child Abduction Act 1984.

(2) If the person is prosecuted in respect of the offence, a court in which proceedings have been brought under section 70NFB in respect of the contravention of the order must:

I would fix a period of 2 years 5 months, commencing from the date of his release from prison and after having served the balance of the period of 18 months still to be served, as the period during which the respondent is not to commit another offence if he is to avoid the consequences of s 43 of the Sentencing Act and order that the sentence imposed in respect of count 1 be backdated to commence from one month prior to the date he is again taken into custody to serve the balance of the 18 months still to be served in order to take into account time already served.

In the case of price maintenance, the former criminal offences have been replaced with a new civil reviewable matters provision, which includes a competitive effects test and allows the bureau and private parties to seek tribunal remedial orders.