They include a policy Communication setting out the Commission's objectives and two legislative proposals: a Regulation setting out a general EU framework for data protection and a Directive on protecting personal data processed for the purposes of prevention, detection, investigation or
prosecution of criminal offences and related judicial activities.
As a conclusion, one can say that the CJEU did not only reply to the question raised by Advocate General Kokott whether «EU law require [s] the courts of the Member States to refrain from applying certain provisions of their national law on the limitation periods applicable to
the prosecution of criminal offences in order to guarantee the effective punishment of tax offences» (§ 1 of the Opinion).
Article 15 (1) of that Directive provides for restrictions to certain rights it provides for when necessary for purposes such as national security and the prevention, investigation, detection and
prosecution of criminal offences.
Not exact matches
July 28 — Two weeks after being cleared
of racial abuse in a
criminal prosecution, former England captain John Terry was charged by the Football Association (FA) yesterday for virtually the same
offence.
Ebo Hawkson reported from the court that a Senior State Attorney, Ms Sefakor Batsa, told the court on Tuesday that, based on section 54
of the
criminal and other
offences Act, 1960 (Act 30) the AG had filed a nolle prosequi not to continue with the
prosecution.
It went on: «Use
of the term in a public setting could amount to a
criminal offence, and leave those fans liable to
prosecution and potentially a lengthy football banning order.»
The freed female inmate, Ameh Happy, who was standing trial for
criminal conspiracy and armed robbery got reprieve when advise from the Director
of Public
Prosecution DPP absolved her
of any complicity in the alleged
offence.
«Hundreds
of criminals, including those accused
of sexual
offences, have avoided
prosecution after a «cover - up» in magistrates» courts, The Daily Telegraph can disclose.
[Anyone] who, in public and against the facts, ascribes to the Polish Nation or to the Polish State, responsibility or co-responsibility for Nazi crimes committed by the Third Reich, [as] defined in Article 6
of the Charter
of the International Military Tribunal, Annex to the Agreement for the
prosecution and punishment
of the major war
criminals of the European Axis, signed in London on August 8, 1945 -LSB-...], or for other
offences which are crimes against peace [or] humanity or [that are] war crimes, or who otherwise grossly reduces the responsibility
of the actual perpetrators
of said crimes, is subject to a fine or [to] imprisonment for up to 3 years.
I had a look at the England and Wales section
of Wikipedia's article on bail, and while it mentions that it is a
criminal offence, it doesn't mention how often, if at all,
prosecutions have been done for that.
General for investigation and
prosecution in line with the following sections
of the
Criminal Offences Act, 1960 (Act 29):
Mr. Charles Ofori, according to a report by the Daily Graphic and other news portals, called for the
prosecution of judges implicated in the corruption scandal because he found their actions a
criminal offence.
The EC also said the APC flagbearer's forms had forged signatures
of other people on it, and hence will be referred to the Ghana Police Service and the Attorney General for investigation and
prosecution, in line with section 211, 248, 251, 256
of the
Criminal Offences Act, 1960 (Act 29).
By Section 270
of the Administration
of Criminal Justice Act, a plea bargain agreement is allowed as in this case, wherein the first defendant has provided relevant information to aid the
prosecution of this case... it appears to me that by the above provisions
of the ACJA, under a plea bargain agreement, the appropriate sentence to be recommended should be within the appropriate range
of punishment stipulated for the
offence charged.
She said the Commission will «refer the matter
of the possible forgeries
of these signatures to the Ghana Police Service and the Attorney General for investigation and
prosecution in line with the following sections
of the
Criminal Offences Act, 1960 (Act 29): Section 211: Perjury Section 248: making false declaration etc. for office or voting; Section 251: Deceiving a public officer Section 256: Corruption, Intimidation and impersonation in respect
of election.»
The
offences, according to the
prosecution, beached Sections 39 (2), 64 (1) and 97 (3)
of the
Criminal Law
of Lagos State 2011.
• Sections 239 (1), 239.1, and 239 (1.1)
of the Income Tax Act • Sections 327 (1) and 327.1
of the Excise Tax Act • Sections 380 (Fraud), 462.31 (Laundering the proceeds
of crime) or other indictable
offences under the
Criminal Code that may be applicable in a tax evasion
prosecution.
If you commit any
of the
offences set out in sections 85 to 88
of the ECT Act, you shall, notwithstanding any
criminal prosecution, be liable for all losses, liabilities and damages that may be suffered by TravelGround.com due to or related to such
offences.
Article 12
of this Directive concerns statutes
of limitations for investigation,
prosecution, trial and judicial decision
of criminal offences affecting the Union's financial interests.
Another disadvantage
of criminal prosecutions is that courts have relatively little experience in dealing with regulatory matters and may set fines for regulatory
offences below the profit made from the breach.
The immunity applicant in the global marine hoses cartel which gave rise to the first UK
prosecution of the
criminal cartel
offence
A review
of AMP provisions suggests their drafters struggled to find terminology analogous to
criminal law concepts such as «
offence», «
prosecution», and «conviction» without using
criminal law terminology (which would itself be problematic as it would inevitably make the provisions
criminal or quasi
criminal in nature).
The Guideline, which was created as part
of a package to support the introduction in the UK
of Deferred
Prosecution Agreements (DPAs), contains a 10 - step process to be followed by the
criminal courts when sentencing corporations for fraud, bribery and money laundering
offences.
Currently, assisting someone's death is a
criminal offence, although there have been no
prosecutions since the Director of Public Prosecutions (DPP) published their policy on the issue in Fe
prosecutions since the Director
of Public
Prosecutions (DPP) published their policy on the issue in Fe
Prosecutions (DPP) published their policy on the issue in February 2010.
Section 64 (1A)
of the Police and
Criminal Evidence Act 1984 (PACE) authorised the police to retain such fingerprints or DNA samples after they had fulfilled the purposes for which they had been taken, and provided that they were not to be used «except for purposes related to the prevention or detection
of crime, the investigation
of an
offence or the conduct
of a
prosecution».
He is one
of six individuals charged with
criminal offences today (28 June) by the Crown
Prosecution Service, including David Duckenfield, the match commander for South Yorkshire Police on the day
of the disaster, and Donald Denton, the former chief superintendent
of South Yorkshire Police.
Mutual assistance encompasses all measures aimed at facilitating the
prosecution and punishment
of criminal offences and is generally requested by
prosecution authorities.
At the time, the POA was described as «one
of the most sweeping legislative reforms
of procedures governing the
prosecution of offences since the enactment
of the
Criminal Code in 1892.»
Her main areas
of practice were family law, mediation, wills and estates, administrative law, and
prosecution of regulatory
offences and
criminal code
offences.
1) make sure that the «access to and the subsequent use
of the retained data [are] strictly restricted to the purpose
of preventing and detecting precisely defined serious
offences or
of conducting
criminal prosecutions relating thereto» (§ 229);
No recent
prosecutions for this
offence are on record but the
offence is an integral part
of our
criminal law.
Section 134
of the
Criminal Justice Act 1988 brought its provisions into domestic law with the result that
prosecutions can be brought wherever the
offence occurred, if the accused is a public official
of any state.
The
prosecution of marijuana
offences unduly stigmatizes otherwise law - abiding citizens through the imposition
of a
criminal record.
The Director
of Public
Prosecutions is responsible for prosecuting
criminal offences under the Act.
The legislative authority enabling a court to award costs in
criminal proceedings is primarily contained in Part II of the Prosecution of Offences Act 1985 (sections 16 to 19B), the Access to Justice Act (in relation to funded clients) and in regulations that have since been made pursuant to these statutes, including the Costs in Criminal Cases (General) Regulations 1986, as
criminal proceedings is primarily contained in Part II
of the
Prosecution of Offences Act 1985 (sections 16 to 19B), the Access to Justice Act (in relation to funded clients) and in regulations that have since been made pursuant to these statutes, including the Costs in
Criminal Cases (General) Regulations 1986, as
Criminal Cases (General) Regulations 1986, as amended.
CONTROL
OF INFORMATION: SS 40 - 47 These provisions enable HM Revenue & Customs, and the Revenue & Customs Prosecution Office to supply the secretary of state with information for use in connection with: immigration control; criminal offences; carriers» liability; employment restrictions; asylum support; and nationality matters relating to good character and deprivation of nationalit
OF INFORMATION: SS 40 - 47 These provisions enable HM Revenue & Customs, and the Revenue & Customs
Prosecution Office to supply the secretary
of state with information for use in connection with: immigration control; criminal offences; carriers» liability; employment restrictions; asylum support; and nationality matters relating to good character and deprivation of nationalit
of state with information for use in connection with: immigration control;
criminal offences; carriers» liability; employment restrictions; asylum support; and nationality matters relating to good character and deprivation
of nationalit
of nationality.
The somewhat needless and arguably unprincipled
prosecution of a small refurbishment contractor in the case
of R v Skansen Interiors Limited resulting in an absolute discharge is another example
of small companies being the easy targets for prosecutors seeking to test the boundaries
of new corporate
criminal offences.
I am pursuing a
CRIMINAL private
prosecution of the ATTORNEY GENERAL OF ONTARIO The Crown has this defense The Applicant's information failed to allege «a person» committed an indictable offence because the Attorney General (in its capacity as chief law officer) is not «a person» who can be prosecuted criminall
of the ATTORNEY GENERAL
OF ONTARIO The Crown has this defense The Applicant's information failed to allege «a person» committed an indictable offence because the Attorney General (in its capacity as chief law officer) is not «a person» who can be prosecuted criminall
OF ONTARIO The Crown has this defense The Applicant's information failed to allege «a person» committed an indictable
offence because the Attorney General (in its capacity as chief law officer) is not «a person» who can be prosecuted criminally.
The «Crown Policy Manual» outlined by the Attorney General provides a specific procedure on how Crown prosecutors are to execute their duties, It's critical for you to know that most Crown Attorneys are instructed to «carry out
prosecution of domestic violence charges just as aggressively as any other type
of criminal offences».
Anthony developed his love
of litigation working for a Crown Attorney's office, where he aided in the
prosecution of a variety
of criminal offences.
As recently demonstrated by the pending Greek
prosecution of former Johnson & Johnson employees, which includes the
prosecution of one individual, Robert Dougall, notwithstanding his 2010
prosecution by the SFO and conviction and sentence, [13] no settlement can confer an absolute guarantee against further proceedings in any jurisdiction — particularly not in jurisdictions where there is no limitation period for
criminal offences (as in the United Kingdom, other than for summary
offences).
Criminal offences arising from possession, trafficking and production
of drugs such as marihuana, cocaine, heroin, ketamine, methamphetamine, oxycodone and oxycontin are handed by the federal
prosecution service, and are prosecuted very aggressively.
According to the website
of the Ministry
of Justice, «the decision not to have the courts deal with an
offence is a matter
of prosecutorial discretion and is made by the
criminal and penal prosecuting attorney» only once «it is has been determined that the wrongful act attributed to the offender constitutes an
offence, that it can be proved and that no legal obstacle bars the
prosecution.»
At the same time that Wilson - Raybould was quite rightly bemoaning the disproportionate representation
of minorities and indigenous offenders in the
criminal justice system, the
prosecution of marijuana
offences continues unabated.
However, given the desirability
of finality in
criminal matters, it would not usually be in the interests
of justice that people should have to face a second
prosecution in relation to the same
offence, if the evidence relied on was available at the earlier hearing, particularly when a deliberate decision had been taken not to rely on that evidence.
«In appropriate cases
prosecutions may be brought where it is not possible for the Crown to prove by direct evidence the involvement
of the defendant in the commission
of specific
offences nor the receipt
of monies by him arising out
of the commission
of specific
criminal offences... Whilst the
prosecution must prove that the property is «
criminal property» within the meaning
of the statutory definition, there is nothing in the wording
of the section which imports any further requirement that the property emanated from a particular crime or a specific type
of criminal conduct.»
However, perhaps a
prosecution of a law society under
Criminal Code s. 122 for its failure to perform its duties in regard to access to justice by at least trying to solve the unaffordable legal services problem would fail because, even if an official knows that a decision does affect his / her personal interests, there is no
offence, «if the decision is made honestly and in a genuine belief that it was a proper exercise
of his jurisdiction.
More practically, as a solicitor, the biggest changes are probably the most recent — the introduction
of the new regulatory regime in Scotland which allows the Scottish Environmental Protection Agency to accept an offer
of an enforcement undertaking, as an alternative to a
criminal prosecution, where there is a reasonable suspicion that an
offence has been committed.
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
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
Offences Act 1985, s 3 (2)(g).
Comprising 56 barristers, we are regularly trusted to advise and represent an array
of high profile clients including global corporations, some
of the UK's top 10 insurance companies, numerous local authorities, the Crown
Prosecution Service, and those charged with serious
criminal offences.