For example, if
the prosecution files a charge with the court or if the suspect flees the country for the purpose of avoiding criminal penalties, the limitation period is suspended.
Not exact matches
Officials in the Pendik District had
filed a report of
charges into a confidential record system but never through the court system for
prosecution.
The
prosecution is now considering
filing criminal
charges.
Scotland Yard officials are expected to present a
file to the Crown
Prosecution Service (CPS) in January, which will detail whether they believe any
charges should be brought.
On October 26 when the case was supposed to be heard,
prosecution filed four fresh
charges and also asked for a secret trial to protect witnesses even though all the names of witnesses had been mentioned in the court processes.
The Police had confirmed with my solicitor Richard Cannon that there would be no
charges, that this was a Police decision and that no
file of evidence had been given to the Crown
Prosecution Service.
Daudu also raised issue on a motion earlier
filed by the
prosecution to amend the
charge.
Justice Archibong (now retired) had in a judgment delivered on April 2, 2012 struck out the 26 counts contained in a
charge numbered FHC / L / 443C / 2013
filed by the Economic and Financial Crimes Commission against Akingbola on the grounds that the
prosecution was not diligent in the handling of the case.
But in the amended
charges filed by the new Director of Public
Prosecutions of the Federation, Mr. Umar Mohammed, the National Coordinator of IPOB member, Mr. Chidiebere Onwudiwe, was added to the defendants, bringing the number of accused persons to four.
At the resumed hearing of the earlier
charge of possession of illegal firearms
filed against Dasuki yesterday, Justice Ademola Adeniyi of the Federal High Court Six, sitting in Abuja expressed surprise at the decision of
prosecution counsel to bring additional
charges against immediate past National Security Adviser (NSA) on a day set aside for definite hearing on the one count
charge preferred against him.
Metuh had on Thursday, February 25, 2016 through his counsel, Onyechi Ikpeazu, SAN,
filed a «no - case» submission on the grounds that, the
prosecution did not establish the essential elements of the offences
charged, a situation he said rendered the case against him manifestly unreliable.
«The police have submitted their report to higher authorities and are awaiting further directives; we believe the ICPC will
file charges against the accused persons and we pray they will carry out the
prosecution diligently because we have given them a water - tight report.»
In response, the prosecutor said his request to court was that the entire proceedings before the court be set aside with liberty to the
prosecution to
file a new
charge.
While those steps might be an attempt to cut off any criminal
prosecution, they don't preclude
charges being
filed.
The director was referring to the use, by the US DoJ, of Deferred
Prosecution Agreements (DPAs) and Non-
Prosecution Agreements (NPAs), pursuant to which the DoJ removes criminal
charges once certain conditions are met (a DPA) or agrees not to
file charges at all (an NPA).
But on Aug. 26, the U.S. Attorney's Office
filed a request for leave to dismiss the
charge against Sullivan for the reason that «further
prosecution of the violation would not be in the interest of justice.»
When it comes to
filing charges under the OHSA,
prosecutions have been moved from being one year as of the offence date to one year from when an inspector becomes aware of an alleged offence.
If they are interviewed under caution (as one would expect), they will have the opportunity to advance any account of self - defence, which will then form part of the
file that is passed to the Crown
Prosecution Service for a
charging decision.
Then the prosecutor's office and / or CPS (Child Protective Services) would do an investigation and, if warranted, refer the matter to the jurisdictional prosecuting attorney's office who could
file criminal
charges and pursue a
prosecution.
Charges are unlikely to be
filed against average users who perform these actions, but programmers and organizations who create and distribute the tools to allow them to do so are at risk of criminal
prosecution under the DMCA.
Their role is to decide whether there is sufficient evidence for a criminal
prosecution to go ahead, and they can either vote to return an indictment or decline to
file charges.