Sentences with phrase «proceedings in criminal trials»

It is likely that those facing proceedings in criminal trials will be faced with evidence emanating from witnesses who, were it not for their co-operation with the investigating authorities, would be sitting in the dock alongside their co-defendants.

Not exact matches

This would mean, for instance, that participants in an economic transaction are bound to halt their activity whenever any one of them or any affected individual objects to it, or a criminal court judge is bound to halt the trial's proceedings if the accused dissents from a specific rule of the judicial system.

Double jeopardy is a pretty fundamental element to the US criminal justice system, but does it apply to a US President (or other impeachable official) and the trial - like impeachment proceedings in Congress?

Meanwhile, proceedings in one federal and three state lawsuits have been delayed because of the upcoming criminal trial, which is slated to begin March 12.

Adegboruwa claimed that sections 221 and 306 of the Administration of Criminal Justice Act, 2015, which prohibited his client from seeking a stay of proceedings in his trial before Justice Ibrahim Buba, were infringing on his constitutional rights to fair hearing.

(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or to an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual; [the law enforcement exemption]

With the Directives on the right to information in criminal proceedings and the right to access to a lawyer successfully passed, the Proposal for a Directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings marks a new step in the recent efforts of the Commission to create common EU framework of defence rights which minimally need to be respected by the Member States.

In criminal proceedings, it is well - established that a stay for abuse of process may arise either because it is no longer possible to have a fair trial (limb one); or because it offends the court's sense of justice and propriety to try the accused in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13In criminal proceedings, it is well - established that a stay for abuse of process may arise either because it is no longer possible to have a fair trial (limb one); or because it offends the court's sense of justice and propriety to try the accused in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13in the particular circumstances of the case (limb two), see R v Maxwell [2010] UKSC 48, [2011] 4 All ER 941, per Lord Dyson SCJ at [13].

From the year 2000, the SCC established that the absolute content of the right to a fair trial (Article 24 (2) of the Constitution) included the right to be physically present at the hearing in criminal proceedings related to serious offences.

We are also adept in responding to grand jury proceedings and defending clients in regulatory proceedings or criminal trials.

The proceedings and what evidence is allowed in your trial will be governed by the judge, and your criminal defense lawyer will be fighting continually for you during this highly technical and difficult time.

During his tenure, he conducted more than fifty (50) jury trials, in addition to countless hearings and other administrative proceedings, representing criminal defendants.

She has represented numerous individuals in both the Southern and Eastern Districts of New York in both criminal and civil matters and has experience in all phases of the litigation process in white collar and federal criminal matters, as well as government and internal investigations, including pre-indictment advocacy, grand jury investigations, complex bail proceedings, pretrial motions, motions in limine, jury selection, trials, sentencing, restitution, forfeiture, and other post-conviction proceedings.

It includes analysis on emerging issues in federal criminal law and practical advice on navigating challenging issues at all stages of federal criminal proceedings, from the bail hearing through trial and appeal.

Justice Moldaver then turns to what is described as practical considerations for law enforcement and the administration of justice, at paras. 183 - 6, suggesting that (a) the disclosure of text messages received by a complainant could be challenged by a sender who is alleged to have abused the complainant and thus exposes vulnerable complainants such as children, people with mental disabilities and the elderly (b) the increased need for warrants could strain police and judicial resources in an overburdened criminal justice system and (c) at the trial stage, these repercussions could complicate and prolong proceedings where defendants have standing to challenge searches conducted against collateral targets in large prosecutions.

proposal for a directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings

It is also clear that, while a judge in civil proceedings will seek to prevent a manifest risk of injustice, ensuring a fair trial is ultimately a matter for the criminal court, which has extensive powers to remedy any prejudice.

There is also the risk that a widely - publicised inquiry could taint any jury in subsequent criminal proceedings, preventing a fair trial.

Fortune 500 companies, corporate executives and high - ranking public officials retain us for representation in internal corporate investigations; government investigations, including grand jury, congressional and inspector general investigations; criminal litigation, including trials and appeals; and related civil and administrative proceedings, including qui tam actions.

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.

After the police released the appellant from arrest without charge, two newspapers applied to lift a Crown Court order postponing his identification in contemporaneous reports of the criminal trial on the ground that there were now no «pending or imminent» proceedings against the appellant that might be prejudiced by publication.

Fortune 500 companies, corporate executives and high - ranking public officials retain the firm's investigations attorneys for representation in federal and state criminal investigations; congressional and inspector - general investigations; criminal litigation, including trials and appeals; and related civil and administrative proceedings.

«As regards most expert opinion,... any benefit from sequestration is considerably diluted, at least in federal court, by the requirement, in both civil and criminal proceedings, that any expert testimony be disclosed in advance of trial.

«Any self - incriminating statement made in family proceedings would only be admissible in a criminal trial if the person who made it repeated it in a subsequent interview with the police.

Further, under the bad character provisions of the Criminal Justice Act 2003 there is also a strong case for the admission of the findings of care proceedings under «reprehensible conduct» in s 106 (2), although the court «must not admit» it if it would have an adverse effect on the fairness of the trial — rather than the «may not admit» it under s 78.

We have obtained significant trial victories against the government on behalf of our clients, though most often we are successful in avoiding formal criminal proceedings altogether or having charges dismissed before trial.

As lead counsel in over 200 federal and state jury trials and numerous administrative proceedings, Peter Anderson helps public companies, their officers and directors, along with financial service companies, accounting and law firms and their principals, as they respond to U.S. Securities and Exchange Commission (SEC) enforcement actions, Department of Justice (DOJ) investigations and criminal prosecutions and complex civil litigation.

Represents individuals, including public officials, lobbyists, and high - level state administrators, as well as businesses, in state and federal criminal investigations and grand jury proceedings; clients accused by the government of fraud; students accused of sexual misconduct; Fellow of the American College of Trial Lawyers; Best Lawyers in America «Lawyer of the Year» in Non-White-Collar Criminal Defense; listed in Best Lawyers in White - Collar Criminal Defense and Civil Rights Law catcriminal investigations and grand jury proceedings; clients accused by the government of fraud; students accused of sexual misconduct; Fellow of the American College of Trial Lawyers; Best Lawyers in America «Lawyer of the Year» in Non-White-Collar Criminal Defense; listed in Best Lawyers in White - Collar Criminal Defense and Civil Rights Law catCriminal Defense; listed in Best Lawyers in White - Collar Criminal Defense and Civil Rights Law catCriminal Defense and Civil Rights Law categories.

Malpractice and personal injury, as well as commercial litigation; represents senior executives in employment - related matters and professionals in administrative licensure proceedings; diverse criminal defense practice; Fellow of the American College of Trial Lawyers; Best Lawyers Lawyer of the Year in 2017 for Appellate Practice, in 2015 for Real Estate Litigation, and in 2013 for Labor & Employment Litigation; Top 10 Maryland Super Lawyers.

Having read the Crown's factum, portions of the trial transcript and having heard Crown counsel's arguments, we are satisfied that the trial judge's comments throughout the proceedings and in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity imposed by section 276 of the Criminal Code.

Defence counsel for Groia faced the difficulty at the tribunal level of a hearing panel ruling that reasons given in judicial review proceedings during the criminal trial could not be re-litigated.

Some of the areas in which corporate defence groups excel include pre-indictment representation, internal investigations, compliance reviews (including policies / procedures and training), media crisis management, representation in criminal and civil trials, parallel proceedings, criminal appeals, monitorships, receiverships, etc..

Many junior criminal lawyers in Alberta think that a stay of proceedings is a normal way for a Crown Attorney to terminate a prosecution before verdict at trial.

A crown court judge's decision to stay proceedings in a carousel fraud trial highlights HM Revenue & Customs» failure to make proper disclosure in criminal proceedings, lawyers say.

Looked at in aggregate terms, non-family civil proceedings are subject to an institutional squeeze — there is a constitutional imperative to try criminal cases within a reasonable time (the Askov issue) and a social imperative to move family law cases (particularly those involving children) through the system to trial with dispatch.

«Every actor in the justice system has a responsibility to ensure that criminal proceedings are carried out in a manner that is consistent with an accused person's right to a trial within a reasonable time,» said the court.

Common examples of such contempts are: publications which are intended or likely to prejudice the fair trial or conduct of criminal or civil proceedings; publications which scandalize or otherwise lower the authority of the court; and acts which interfere with or obstruct persons having duties to discharge in a court of justice.»

The trial judge concluded that Guatemala's legal system was capable of providing justice and that the plaintiffs could obtain compensation either through a stand - alone civil suit or through criminal proceedings related to the same incident, which were already underway in Guatemala.

Earlier proceedings The trial judge noted that Yugraneft and Sibir between them had brought three previous sets of proceedings (i) in the British Virgin Islands (BVI), (ii) before the Russian arbitrazh courts, and (iii) before the Russian criminal investigation authorities.

«It would be surprising if a claimant in civil proceedings, who had to allege criminal conduct as a necessary part of his claim in rem, was not required to give the respondent and the court at least some particulars of what that conduct was said to be... It seems to me to be essential that if there is to be a fair trial that the respondent should know the case against him in sufficient detail to enable him to prepare properly to meet it.»

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).

Duties included routine patrol activities, effecting arrests, conducting criminal and civil investigations, trial and case preparation, testifying in various judicial and administrative proceedings, using police computers.

Expert Consultant & Witness — Litigation Support Services Dr. Acklin provides expert consultation in civil and criminal proceedings, including case and file reviews, psychological research, work product reviews, witness preparation, and trial consultation, including assistance in the direct...