Sentences with phrase «whether criminal offences»
Work related fatal accidents are initially investigated by the police to determine whether the criminal offences of...
https://www.peninsulagrouplimited.com/ Not exact matches
DrugScope also welcomed the Council's decision that community orders should be considered as a realistic alternative to prison for drug dependent individuals, and questioned once again whether using the criminal justice system to respond to offences of drug possession was «the most effective way to reduce drug - related harms both to individuals and the wider community.»
The final big change is another compromise, over whether or not people who refuse to fill in the form have committed a criminal offence.
The Chartered Institute of Taxation (CIOT) is calling on the Government to confirm whether it still intends to go ahead with plans to introduce a new corporate criminal offence of failure to prevent the facilitation of evasion.
Under the Criminal Justice Act, police can take and keep DNA samples from anyone arrested for an imprisonable offence - regardless of whether they are found guilty.
Accidental Death does not include death which is caused directly or indirectly by one or more of the following causes: sickness, illness or bodily or mental infirmity or disease of any kind; suicide or self - inflicted injury while sane or insane; declared or undeclared war or any act of war, riot or insurrection, or service in the armed forces; any event directly or indirectly related to the ingestion of alcohol by you where the concentration of alcohol in your blood exceeds 80 milligrams of alcohol in 100 milliliters of blood; voluntary ingestion of poison, toxic substances or non-toxic substances or drugs, sedatives or narcotics (whether illicit or prescribed) in such quantity that they become toxic, or voluntary inhalation of a gas; from or while committing or attempting to commit a criminal offence, or committing or provoking an assault; medical or surgical treatment or complications arising therefrom, except when required as a direct result of an accidental bodily injury; participating in a contest of speed, scuba diving, skydiving, parachuting, hang gliding or bungee jumping, or a flight accident except when travelling as a passenger on a commercially licensed airline.
Your committing or attempting to commit a criminal offence regardless of whether charges are laid or a conviction obtained
The threshold of belief that an article is likely to be used to commit an offence is also unclear and untested; however, the section does appear to put the onus on manufacturers and distributors to decide whether they are supplying to legitimate users or «likely» criminals.
It is interesting to note that the SFO may use these powers in relation to any property (including cash) whether or not any criminal proceedings have been brought for an offence in connection with the property.
The first important matter was that this was not an appeal from any decided case, but from a decision on the interpretation of whether something could be a criminal offence under section 92 of the Trade Marks Act 1994.
(application to European Court of Human Rights; whether violation of presumption of innocence; challenge to refusal of the Secretary of State to grant F compensation under s. 133 of the Criminal Justice Act 1988 arising from his wrongful conviction in 2004 for various sexual offences).
(1) No person shall --(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.
The district judge was therefore not asking himself the right question — which was whether there were reasonable grounds for suspecting that this money derived to a material degree from the labour of people whom it was a criminal offence to employ, and whether its further detention was justified pending investigation of its derivation, or consideration was given to bringing proceedings against any person «for an offence with which the cash is connected».
It is also a criminal offence for a third party to act as a broker for surrogates and intended parents, and advertising — whether as a surrogate or someone looking for a surrogate — is prohibited.
When HMRC is considering whether a case should be investigated under the Civil Investigation of Fraud procedures or is the subject of a criminal investigation, one factor which HMRC will take in to account is whether the taxpayer (s) has made a complete and unprompted disclosure of the offences which HMRC suspect have been committed.
The length of this order will depend on the offence you are found guilty of and whether or not you have previous convictions on your Criminal record.
Whether you have been charged with criminal harassment, sexual assault, making threats, domestic assault or some other domestic offence, the stakes are high.
Additional issues of the identity of the alleged data controller and whether there was any civil liability in relation to the alleged breaches (particularly under section 55 (1), which enacts criminal offences).
Another is the transparency of algorithms taking crucial decisions such as whether suspects should be charged with criminal offences or merely cautioned.
Breach of any of the terms of any injunction ordered under PHA 1997 by any defendant (whether named or unnamed) acting «without reasonable excuse» is potentially a criminal offence under s 3 (6).
Instead it provides that the Directive is applicable once an individual is suspected or accused of a criminal offence, and it is applicable to all stages of the criminal proceedings, until the decision on the final determination of whether the person has committed the criminal offence becomes definitive.
A «vulnerable sector» check identifies whether an individual has been granted a pardon for certain specified sexual offences, but is only available to organizations hiring individuals to care for children and vulnerable persons based on restrictions in the Criminal Records Act.
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).
The balance struck was serving a quite different purpose from that served by the criminal law when answering the question whether or not the infliction of physical injury on another in consequence of a mistaken belief by the assailant of a need for self - defence should be categorised as a criminal offence and attract penal sanctions.
(d) any other criminal offence, whether or not the offence is related to the operation of an automobile.
The consequences can vary and whether you are ordered to pay a small fine or to an incaceratory period depends on your criminal history and the nature of the offence.
Whether you have been charged with sexual, driving, assault, drug or any other criminal offence, Stephen is an experienced criminal lawyer in all of these fields and can be the difference in your justice.
The offence is governed by s. 162.1 of the Criminal Code which provides (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct is guilty of (a) of an indictable offence and liable to imprisonment for a term not more than five years; or (2) of an offence punishable on summary conviction.
Among other things, it would make it a criminal offence punishable by fines up to $ 100,000 to modify software in motor vehicles, whether to repair them or otherwise, without authorization.
Whether you are facing a Motor Vehicle Act offence traffic ticket, such as speeding, or criminal driving matter such as dangerous driving, we have the skills to defend your driving case.
Most offences in the Criminal Code are hybrid offences and it is the crown attorney or prosecutor (the lawyer who is representing the Canadian government in prosecuting the offence) to decide whether the offence is summary or indictable.
A violation of a peace bond is a criminal offence — but the police must be informed of the breach and they will decide whether or not to lay a charge.
On the facts of G's case, it was unreasonable and a breach of the implied term of mutual trust and confidence for the trust to refuse to adjourn its internal disciplinary processes until the CPS had decided whether to charge G with criminal offences.
G therefore sought an injunction to restrain the trust from proceeding with its internal disciplinary processes until the CPS had made a decision whether to charge him with criminal offences.
The High Court has recently granted an injunction to a doctor to restrain his employer from proceeding with its internal disciplinary processes until the CPS has made a decision whether to charge him with criminal offences.
Whilst criminal law is far more litigation based, candidates may be asked how they feel court proceedings can be improved and whether there is an alternative to litigation where minor offences are concerned.
If, however, the ECtHR continues to criticise the powers of COs to «try» cases internally, this begs the question whether summary only offences (such as battery contrary to the Criminal Justice Act 1988, s 39 and AA 1955, s 70) should be tried by a CO..
I think the better question is whether we should make bullying, harassment, and libel criminal offences.
The Ontario Court of Appeal confirmed this is the case even where a criminal trial judge gave reasons for acquittal that expressed an opinion that no wrongdoing had occurred, as opposed to simply concluding there was a reasonable doubt as to whether an offence was committed.
I am not re-litigating whether the defendant committed a criminal offence, as was apparently the case in Toronto (City).
Whether or not a DNA order is given depends largely on the type of criminal offence in question.
Whether you are in the process of purchasing or selling a home, charged with a criminal offence, or experiencing a breakdown in your marriage, we will commit ourselves to ensuring that your interests and rights are protected and promoted.
If a judge is going to give the offender a fine, and the criminal offence does not have a minimum fine, the judge has to decide whether the offender can actually pay a fine.
The issue effectively boils down to whether the 1954 amendment to the Criminal Code created a new offence or simply reworded an old one.
Criminal cases and evidence are crucial in determining whether one is guilty of an offence or not.
Whether you've been charged with fraud, drink driving, stealing, breaching a Domestic Violence Protection Order, assault or drug offences, take your criminal defence seriously by having a Southport criminal lawyer defend your rights at Southport Police Station and if you go to court at the Southport Magistrates Court and the Southport District Court.
After someone has been arrested for an offence, the criminal justice system must determine whether that person should be kept in custody or released from custody while they wait for the case to finish.
The party has asked the RCMP to investigate whether an offence under the Criminal Code occurred.
Using explosives in association with criminal organization (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 81 for the benefit of, at the direction of or in association with a criminal organization.
The Criminal Code prohibits importing into Canada (whether by wire transfer or other means), of any property (which includes funds) or proceeds thereof obtained or derived from an indictable offence that occurred anywhere, whether in Canada, China or the Middle East.