Each of the 1949 Geneva Conventions, taken together, require High Contracting Parties to enact legislation to provide effective
penal sanctions for those persons committing or ordering to be committed a grave breach; to search for those who commit a grave breach; and to take measures necessary to suppress all acts contrary to the Conventions other than grave breaches.
The Information Commissioner's Office, which is responsible for upholding information rights and data privacy, with the ability to impose
penal sanctions for breach, strongly recommends that organisations determine which of their systems are vulnerable, and apply any available patches as a matter of urgency.
Not exact matches
46 The exception does, however, appear to be applicable only where a prejudicial
sanction is imposed, not
for penal purposes, but as a prophylactic measure to protect society against future wrongdoing by that person.
The balance struck was serving a quite different purpose from that served by the criminal law when answering the question whether or not the infliction of physical injury on another in consequence of a mistaken belief by the assailant of a need
for self - defence should be categorised as a criminal offence and attract
penal sanctions.
Passmore suggests that as a general rule one might have thought that a contested process in which the tribunal controlling the proceedings is empowered to make some sort of ruling that has mandatory consequences
for a participant that are either
penal in nature (such as a prison sentence, a fine or other form of
sanction such as a suspension from practice) or otherwise require the participant to do something he or she does not wish to do (such as pay damages, obey an injunction or give an undertaking not to do something) are ones in which the privilege should be available.
Although limited to the statutory scheme found in Alberta, the Pridgen case stands
for the proposition that university administrators should ensure that Baker procedural fairness is applied by providing full reasons to explain the rationale
for decisions, especially where
penal sanctions are invoked.
This behaviour does not rise to the level of criminality that calls
for a
penal sanction.