Sentences with phrase «prosecution is in the public interest»

Not exact matches

While the Crown Prosecution Service admitted that evidence did exist to bring a case against the two doctors, it decided it was not in the public interest to prosecute.
Today's report calls for defences of «reasonable excuse» of «public interest» be included in the legislation, to reduce the chance of prosecutions being thrown out of court as being incompatible with the ECHR.
Any prosecutions must also be shown to be in the public interest and therefore «necessary and proportionate».
I then considered the second stage of the test, applying the DPP's interim guidelines on assessing the public interest in cases involving the media, and I have concluded that a prosecution is required in the public interest in relation to each of these eight suspects.
But even amid the cries of despair there was a real sense at the meeting that public opinion is now more interested in safety than in prosecution.
However, the ORR decided not to proceed with the prosecution of Jarvis, stating that: «while there remained sufficient evidence to provide a realistic prospect of conviction of Jarvis, a prosecution was no longer in the public interest
The prosecution counsel, S. K. Atteh, in his response, expressed fears on how a serving commissioner could diligently prosecute his fellow commissioner and be expected to serve the interest of justice and public good.
In fact the sole reason for having a director of public prosecutions is to give guidance as to when certain prosecutions may or may not be in the public interesIn fact the sole reason for having a director of public prosecutions is to give guidance as to when certain prosecutions may or may not be in the public interesin the public interest.
Keir Starmer QC, director of public prosecutions, said: «Having thoroughly reviewed the evidence gathered by the police, we have decided there is sufficient evidence and it is in the public interest to bring criminal charges against Margaret Moran.
What we have been given today is clarity from the director of public prosecutions (DPP) that certain considerations may mean prosecution «is not in the public interest».
Lucas spoke after the Crown Prosecution Service said it had carefully examined the evidence and decided it was in the public interest to charge the MP for obstructing the highway and failing to comply with a police request to move.
The Crown Prosecution Service had said earlier that the prosecution of a separate suspect who allegedly sent offensive messages to Ms Creasy over the same issue was not in the publiProsecution Service had said earlier that the prosecution of a separate suspect who allegedly sent offensive messages to Ms Creasy over the same issue was not in the publiprosecution of a separate suspect who allegedly sent offensive messages to Ms Creasy over the same issue was not in the public interest.
Announcing the Crown Prosecution Service decision, Mr Starmer said: «In four cases, we have concluded that there is sufficient evidence to bring criminal charges and that it is in the public interest to charge the individuals concerned.&raquIn four cases, we have concluded that there is sufficient evidence to bring criminal charges and that it is in the public interest to charge the individuals concerned.&raquin the public interest to charge the individuals concerned.»
The commissioner may enter into deferred prosecution agreements in lieu of finding probable cause if, in his or her judgment, such agreements are in the best interests of the department, the certificateholder, and the public.
The National Centre for the Prosecution of Animal Cruelty (NCPAC) is a community of Crown Prosecutors and allied professionals from across Canada who are working together in the service of the public interest to ensure that crimes against animals are prosecuted effectively and efficiently.
The goal of this webinar is to provide overview of important factors involved in charge approval / prosecution of animal cruelty cases including links to violence, risk factors, abuse as predictor and indicator crime, public interest factors, youth statistics and types of abuse.
Secondly, if so — and only if so — is a prosecution required in the public interest
The Court noted at para. 64: «In Crown Policy manuals, the initiation or continuation of a prosecution is generally not recommended unless there exists a reasonable prospect of conviction and it is in the public interest to pursue the criminal proceeding.&raquIn Crown Policy manuals, the initiation or continuation of a prosecution is generally not recommended unless there exists a reasonable prospect of conviction and it is in the public interest to pursue the criminal proceeding.&raquin the public interest to pursue the criminal proceeding.»
Assuming that the DPP's policy on this point is lawful, the circumstances in which the defence might be able to persuade the DPP to discontinue on public interest grounds are probably fairly narrow and limited to exceptional cases, e.g. interference with the prosecution of another charge.
● Guardian of the public interest, specifically in the context of legal proceedings such as commencing / terminating criminal prosecutions, charity matters, the appointment of «advocates to the court» (whose role is to act as neutral advisers to the court) and «special advocates» (whose role is to represent the interests of parties in cases with a national security dimension).
It is hard to ignore that the prosecution bowed to a media - enhanced public image of the case and resulting political pressure whipped into a frenzy by attention - seeking politicians and activists who had little interest in the truth.
There has never been any legal requirement that a private prosecutor has to demonstrate that it is in the public interest that he should bring a prosecution for an offence against the provision of a public general Act of Parliament.
It should be noted that the SFO has repeatedly and publicly criticised the tendency for companies to claim privilege over the accounts of witnesses, making clear in relation to DPAs that it views the «free supply of relevant information», including «the account of any witnesses spoken to by those conducting the enquiry» to be «the hallmark of cooperation».10 This approach is also codified in the DPA Code of Practice, which states that the SFO will take into account whether a company has disclosed relevant witness accounts as a public interest factor tending against a prosecution.
penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper puPublic Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pupublic interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.
Those who will be consulted include the Judiciary, the Secretary of State for Justice, the Attorney General, the Director of Public Prosecutions, the Bar Council, the Law Society, the Press Complaints Commission, and the Society of Editors in addition to interested members of the public via the Judiciary wePublic Prosecutions, the Bar Council, the Law Society, the Press Complaints Commission, and the Society of Editors in addition to interested members of the public via the Judiciary wepublic via the Judiciary website.
After detailed review of the prosecution evidence, and with extensive discussions with the Crown Attorney, Joseph Neuberger was able to establish that there was no reasonable prospect of conviction and in the circumstances of the alleged assault, it was not in the public interest to prosecute.
Crown policy states that given the prevalence of partner abuse and the dangers inherent in it, it will usually be in the public interest to proceed with these prosecutions.
«Between, on the one hand, the public interest in encouraging frankness on the part of witnesses (particularly parents) in proceedings relating to children (a public interest buttressed by s 98 (2) itself) and, on the other, the public interest in ensuring the prosecution of those who commit serious offences against children — comes down firmly in favour of the public interest in encouraging frankness.»
Such cases are subject to a high threshold scrutiny and in many cases a prosecution is unlikely to be in the public interest.
Conversely, it is the obligation of the Crown Attorney to withdraw cases from prosecution when he or she comes to the conclusion that either there is no reasonable prospect of conviction or that is not in the public interest to proceed.
In general, the Bureau will in most cases follow the civil track unless certain criteria are satisfied including clear and compelling evidence that misleading advertising was engaged in intentionally and that a criminal prosecution would be in the public interesIn general, the Bureau will in most cases follow the civil track unless certain criteria are satisfied including clear and compelling evidence that misleading advertising was engaged in intentionally and that a criminal prosecution would be in the public interesin most cases follow the civil track unless certain criteria are satisfied including clear and compelling evidence that misleading advertising was engaged in intentionally and that a criminal prosecution would be in the public interesin intentionally and that a criminal prosecution would be in the public interesin the public interest.
As a general guideline, the code states that prosecution in cases of any seriousness shall usually take place unless there are public interest factors against prosecution that clearly outweigh those tending in favor (Code for Crown Prosecutors, sec. 6.2).
The Prosecutor should consider whether there is a reasonable prospect of conviction and whether it is in the public interest to proceed with the prosecution of the charges (see Charge Screening Directive).
For example, if (i) the offender has repaired the damage or injury done (or at least has made every reasonable effort to compensate for the injustice caused), and (ii) the public and private interests in a criminal prosecution are deemed low, the prosecutor or court may terminate the prosecution without imposing sanctions.
In addition, prosecution authorities may restrict the right to be heard — which includes the right to inspect the file — if this is required to safeguard public or private interests for preserving confidentiality (article 108 (1)(b) SCP).
Hitherto the two guiding principles have been that a court should be very reluctant to question a prosecutorial decision, especially where it has been reached on policy or public interest grounds, and second that once the prosecution has framed its indictment the trial judge has no power to «go behind» it and enquire why it is presented in the way that it is.
I hope that he will go a long way towards indicating that there are very many factors against prosecution in the public interest in cases involving assistance to a person who is mentally capable, where she or he has a terminal illness or incurable disease and decides to have an assisted suicide in a county where it is legal.»
«At a time when constitutional change is in the air, the right of citizens to defend themselves against state - funded prosecutions is not something that should be manipulated in a political way, but investigated impartially to appropriate savings and reforms that are sustainable and in the public interest
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