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Displaying 111 - 120 of 175 for keyword(s) "statutory time limits"

  1. Wildlife Offences

    … the eggs of such a bird. Section 1(3) and (3ZA) provide a statutory defence where the bird or egg was originally killed … it, that intent must be shown to have been present at the time the taking occurred. Furthermore, "tending" should be … inside a dwelling house. However, see section 10(5) which limits this defence in respect of bats. Section 10(3) – …

  2. Mental Health Conditions and Disorders: Draft Prosecution Guidance

    … including information about their mental health at the time of the offence and when a prosecution is considered, … is before conviction or the start of a trial, Custody TimeLimits will continue to apply. This power may be used in … Court [2002] EWHC Admin 734 , the High Court said that the statutory framework for dealing with issues of fitness to …

  3. Dangerous Dog Offences

    … as fact in the same way as the SFR1 process, until such time as the trial issue is identified. If they seek to … amount to a dog being dangerously out of control but the statutory test and its ordinary meaning must always be … at sentence. Prosecutors should remind the court of the statutory presumption for the destruction of a dog following …

  4. Rape and Sexual Offences - Chapter 15: Sexual Harm Prevention Orders (SHPOs)

    … period but must be for no more than five years each time. Positive obligations The addition of positive … order or they will no longer apply. Although there is no statutory requirement for a formal application by the … and agreed that “a SOPO must operate in tandem with the statutory notification requirements” and “not conflict with …

  5. Communications Offences

    … remain available for prosecution (subject to the summary time limit in section 127(5) CA 2003 ). Offences in the MCA … 'obscene' means 'shocking, lewd and indecent’. There is no statutory definition of what constitutes a 'grossly … harmful and age-inappropriate content. enforce age limits and age-checking measures. ensure the risks and …

  6. The Crown Prosecution Service: Protector of victims' and defendants' rights. Tom Sargant Memorial Annual Lecture - Alison Saunders, DPP

    … as to look at how the role of victims has developed over time - without damaging the defendant's right to a fair … rights In 2006, commitments to victims were placed on a statutory footing by the Code of Practice for Victims of … and Wales. The Witness Charter in 2008, although not statutory, introduced similar provisions for witnesses. The …

  7. Stalking or Harassment

    … Controlling or Coercive Behaviour prosecution guidance Statutory guidance framework: controlling or coercive behaviour Stalking Protection Act: statutory guidance for the police Sentencing Council … the 2A or 2 offence: sections 4A (7) and 4(5). The 6-month time limit which applies by virtue of section 127 …

  8. Rape and Sexual Offences - Chapter 2: Applying the Code for Crown Prosecutors to Rape and Serious Sexual Offences

    … inadmissible, such as in cases in which there is a clear statutory prohibition, such as the prohibition limiting the … chronological account for evidential purposes. By the time they give their ABE interview, he or she may have … inadmissible, such as in cases in which there is a clear statutory prohibition, such as the prohibition limiting the …

  9. Media: Prosecuting Cases Where Public Servants Have Disclosed Confidential Information to Journalists

    … The offence is punishable only by way of a fine (the statutory maximum after summary conviction, an unlimited fine … disorder or crime. Journalistic material is also afforded statutory protection from seizure even where a lawfully … the media can be protected without taking each step at a time where the organisation about whom the disclosure has …

  10. Expert Evidence

    … case. Is the expert's opinion being sought at the right time? This can be a difficult balancing exercise. The report … in the criminal justice system. The Regulator issued non-statutory versions of the FSR Code prior to October 2023 that … on matters of human nature and behaviour within the limits of normality any more helpful than that of the jurors …

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