Sentences with phrase «proceedings by indictment»

However, through s. 676 (1)(a) of the Criminal Code, Parliament limits Crown appeals against acquittals in proceedings by indictment to «question [s] of law alone.»

Not exact matches

The Court also rejected the trial Judge's finding that the law was sound because the mandatory minimum sentence only applied where the Crown elected to proceed by indictment and that the «reasonable exercise of Crown discretion would result in summary proceedings».

On appeal, these proceedings «by indictment» are reviewed by the Court of Appeal for Ontario usually before a three member panel of appellate judges although in rare cases a five member panel will sit.

156, it was indicated by Chief Justice Marshall that a presentment and indictment are to be considered as one act, the second to be considered only as an amendment to the first, and that the usage of this country has been to pass over, unnoticed, presentments on which the attorney does not think it proper to institute proceedings.

The provision would extend the powers and rights of audience of DCWs by enabling them to conduct: - summary trials in magistrates» courts; - certain proceedings in magistrates» courts, including proceedings relating to offences triable only on indictment by a judge and jury at the crown court; - applications and other proceedings relating to «preventative civil orders» such as anti-social behaviour orders; and - certain proceedings (other than criminal proceedings) assigned to the director of public prosecutions by the attorney general under the Prosecution of Offences Act 1985, s 3 (2)(g).