Sentences with phrase «require accused persons»

From a criminal perspective, we continue to require accused persons to appear before the court for administrative remands when the system, particularly for those with representation, could easily be moved to an electronic format (I addressed this specifically in my blog.There is still a requirement to file paper - heavy applications, along with casebooks, when it would be very easy to provide the judiciary and opposing counsel with electronic copies that could be used inside courtrooms.

Not exact matches

But things quickly soured after de Blasio clarified that the money in his proposal could only be used for people who were not accused of committing certain crimes, specifically any offense listed among the 170 crimes which the city has deemed «deportable offenses» that would require law enforcement to turn over offenders to federal immigration authorities.

... a «preponderance of the evidence»... merely requires that it is «more likely than not» that someone is responsible for what they are accused of... it is our judiciary's lowest standard of proof... 50.01 % certain that the accused person is at fault....

The right to be free from self - incrimination, is enshrined in Section 7 of the Charter, and is assisted by Section 10 of the Charter which requires that upon arrest or detention the police must advise an accused person of their right to silence and their right to retain and instruct counsel.

The «continuing professional development» programs (CPD and CLE programs) that lawyers must take every year don't provide such knowledge and information, and therefore, nor do electronic discovery in civil proceedings and the disclosure that the Crown is required to provide to accused persons in criminal proceedings.

A surety is responsible for making sure an accused person comes to court when they are required to and that they follow the conditions of their release.

Firstly, although Articles 3 and 4 of the Right to Information Directive require that suspects and accused persons are informed of their right to remain silent, a similar provision on the right not to incriminate oneself is lacking and there is only a weakly formulated suggestion on it in Recitals 31 and 32 to the present Directive.

Yet as Article 6 (2) does not in all cases require an acquittal, but merely that any doubt benefits the suspected or accused person, this change seems less important.

From this perspective, respondents are «like» accused persons, who are always entitled to require the state to prove an accusation.

In this case, the issue was whether the Gladue factors were relevant in the context of extradition and, in particular, whether the Minister of Justice was required to consider the Gladue factors in determining whether surrendering an accused Aboriginal person to be prosecuted in the United States.

Under the new law, an accused person will be required to disclose to the Crown and the complainant any records that will be used to challenge the complainant's credibility or reliability.

The regulations fall short of the inducements I have previously proposed in that they still require at least a 90 - day «absolute suspension» and still require a criminal conviction which for many accused persons is an even greater concern than the loss of their licence.

A surety is a responsible person who knows the accused well and promises the Court to help ensure that the accused re-attends as required and follows the release conditions imposed.

He allowed the accused to introduce evidence of the complainant's previous sexual activities with someone else — more specifically her efforts to rebuff that person's sexual advances — without conducting the required application under section 276.1 of the Criminal Code.

If the accused appears at the required court hearings, the court refunds the money to the person or company who provided the bail.

However, some courts have also recognized that an accused person may be required to wait a reasonable period of time before either being informed of the right to counsel or contacting counsel.

Usually, those terms and conditions are designed to ensure two things: that the accused person will come back to Court when he or she is required to defend the case; and that the accused person will behave while waiting for trial.

Again, though, this is not as simple as just arguing that the accused really did believe it — rather, the law requires evidence that the accused person's belief was reasonable and that they took real steps to make sure the complainant was consenting.

A surety is a person who is willing and prepared to «vouch» for the good behaviour of an accused if he or she is released, as well as vouching for the fact that he or she will attend court when required.

In R. v. Wells a voire dire was required where a parent became a person of authority by telling the police that they intended to trick the accused into confessing [paras. 20 - 24].

[50] A presumptive ceiling is required in order to give meaningful direction to the state on its constitutional obligations and to those who play an important role in ensuring that the trial concludes within a reasonable time: court administration, the police, Crown prosecutors, accused persons and their counsel, and judges.

Lots of lawyers have jobs that don't require them to defend people accused of unpleasant crimes.