Sentences with phrase «where judicial discretion»

The Stream — When «must» means may and «may» means must — Guest blogger Robert Holmes QC delves into the curious world where judicial discretion meets statutory interpretation and produces surprising results concerning obligation.

Not exact matches

In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment,» said the majority.

«In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment.»

As recently discussed, costs consequences following trial where a formal settlement offer is not beat is a matter of judicial discretion.

C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met.

However, one may question whether the EFTA Court is not going very far here in reviewing the appropriateness of domestic judicial decisions in a field where EEA law expressly gives discretion to EEA EFTA States — in deliberate contrast to the constraints imposed on EU Member States under the preliminary reference procedure.

Mummery LJ points out that the real purpose of the discretion in s 2 (3) is to deal with «mixed claims» where equal pay is one of several issues before the court and splitting it off would be in the interests of judicial efficiency; it is not really addressed to issues such as those in these cases.

To paraphrase Lambert J.A. in Nichols, where statements of counsel stand alone, it will be a rare case that such statements will be sufficient to justify a finding of fact that would permit the exercise of judicial discretion.

Nothing in the safety valve prevents judges from sentencing prisoners at or above the mandatory minimum even if they are eligible for the safety valve, but simply allows judicial discretion to ensure that prison resources are being used where they can best protect public safety, and not wasted on nonviolent, low - level drug offenders.

First, recent Tory amendments whittling away at judicial discretion in sentencing by increasing the number of offences subject to mandatory minimum penalties will only create new and more tragic examples of cases where a manifestly unjust sentence is required by statute.

Judicial discretion remains and thankfully so because there are cases where a party's circumstance or contribution demands an adjustment or detraction from the overriding requirement of equality, provided that in itself would not be discriminatory or unfair.

In Raggett v (1) Society of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in which the judge approached issues of liability and limitation did not affect the substance of an overall assessment as to whether it was appropriate to exercise judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.

Where an order apparently infringed LP or LPP, absent a justification in main legislation, it could be saved only by a case management code, and not a regime of judicial discretion.

Where matters are dealt with in either the county court or the High Court, they are protected from public scrutiny yet they become open to both public and press — subject to reporting restrictions at judicial discretion — should they reach either the Court of Appeal or House of Lords.