Sentences with phrase «under the criminal law power»
They wrote: «The provisions of the AHR Act concerning controlled activities, namely those involving assistance for human reproduction and related research activities, do not fall under the criminal law power, but belong to the jurisdiction of the provinces over hospitals, civil rights and local matters.»
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For example, under existing laws, there is no power to impose a general curfew in a particular area, and while curfew conditions can be placed on some offenders as part of their ASBO, criminal sentence or bail conditions, there are only limited powers to impose them on somebody under the age of sixteen.
Secondly, he said that although judges were putting into effect their new powers to give indeterminate sentences under the Criminal Justice Act 2003, they were not yet using the power under that law to give more community orders «as fully as they might».
Giving the «particulars» of the said error, the lawyer argued, «The powers given to the first appellant (the IGP) under the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Nigeria Police Act, Laws of the Federation 2004, sufficiently make the «Special Joint Investigation Panel» lawful and supportable under the Nigerian criminal justice system.
In recent decades — in a malevolent trend we call «the federalization of criminal law» — the federal government has continuously expanded its power, including the exercise of its ultimate domestic power — criminal prosecution and the taking of life and liberty under color of law.
At issue was whether the federal legislation was a valid exercise of the criminal law power under Constitution Act, 1867, s 91 (27), or whether some sections were actually attempts to regulate medical practice and research, and thus outside of the legislative jurisdiction of the federal government.
The colonies were granted the ability to elect general assemblies under a royally appointed governor and high council, with the power to create laws and ordinances, as well as establish civil and criminal courts specific to the area and in agreement with British and colonial laws.
Along with the explicit powers under the Criminal Code, police had sweeping powers under Common Law to deal with people at the G20.
For example, a criminal code might define law enforcement officer in reference to arrest power, while another statute might used the term for H.R. and licensing regulations, and a third might use a functional definition for eligibility for a certain kind of tax deduction under state law.
«The power of the prosecutor to stay public or private prosecutions under s. 579 of the Criminal Code has been described by the Supreme Court as one of the five «core elements of prosecutorial discretion» [Krieger v. Law Society (Alberta) 2002 SCC 65 at para. 46] that relate to whether a prosecution will be brought and what form a prosecution will take.
Under common law powers, and also pursuant to various statutes, any person who is before «a court of record having a criminal jurisdiction» (see, for example, Justices of the Peace Act 1968, s 1) may be bound - over to be of good behaviour, for any period, for any sum.