Court : UK Supreme Court
..... second obvious reason for such an increase is the acquisition of assets after the date of the confiscation order. 46. sections 16 and 17 of the 1994 act are opposite sides of the same coin. their side-notes describe their subject-matter as "increase in realisable property" and "inadequacy of realisable property" respectively. ..... take steps to conceal their profits from crime. effective but fair powers of confiscating the proceeds of crime are therefore essential. the provisions of the 1988 act are aimed at depriving such offenders of the proceeds of their criminal conduct. its purposes are to punish convicted offenders, to deter the commission of ..... force. the commencement order 11. unless saved by the transitional provisions of the commencement order, it is clear that poca repealed the relevant sections of the 1994 act with effect from 24 march 2003. one turns, therefore, to article 3 of the commencement order headed "transitional provisions relating to confiscation orders england and .....
Tag this Judgment!Court : UK Supreme Court
..... when called upon to adjudicate on claims made by litigants to a convention right. this section makes it unlawful for a public authority, including a court, to act in a way which is incompatible with a convention right. that statutory obligation, to be effective, must carry with it the requirement that the court determine if ..... .following a procedural hearing on 26 january 2011 and at the request of the lord advocate, the appeal courtreferred the following question to this court:"whether the act of the lord advocate in leading and relying on evidence obtained in response to police questioning of the accused, conducted under common law caution at his home ..... following a procedural hearing on 26 january 2011 and at the request of the lord advocate, the appeal courtreferred the following question to this court:"whether the act of the lord advocate in leading and relying on evidence obtained in response to police questioning of the appellant conducted under common law caution at the roadside and .....
Tag this Judgment!Court : UK Supreme Court
..... absence of authoritative guidance from strasbourg. this court, in common with all public authorities, has the duty under section 6 of the human rights act not to act in a way which is incompatible with a convention right. that statutory obligation, to be effective, must carry with it the requirement that the ..... the safeguards have the appearance of bewildering complexity, much greater than that in the comparable provisions for detaining mental patients in hospital under the mental health act; but their essence is to secure professional assessment, by people independent of the hospital or care home in question, of (a) whether the person ..... of unjustified confinement and assumed that some form of judicial certification was the best protection against this. this was therefore the approach adopted under the mental deficiency acts of 1913 and 1927, under which publicly funded institutions were established for people whose mental handicaps ranged from the severe (known as "idiots"), through the .....
Tag this Judgment!Court : UK Supreme Court
..... p 131 said: "parliamentary sovereignty means that parliament can, if it chooses, legislate contrary to fundamental principles of human rights. the human rights act 1998 will not detract from this power. the constraints upon its exercise by parliament are ultimately political, not legal. but the principle of legality ..... effective legal protection, by establishing a system of legal remedies and procedures to ensure respect for the relevant rights conferred by the race relations act and the employment equality regulations in implementation of the united kingdom's obligations under the two directives. mr allen relies upon the decisions ..... equality directive") established a general framework for equal treatment in employment and occupation. this led to the making, under section 2 of the european communities act 1972, of the employment equality (religion or belief) regulations 2003 ("the employment equality regulations"), prohibiting discrimination on grounds of religion or belief and providing: .....
Tag this Judgment!Court : UK Supreme Court
..... it unlikely. but that is irrelevant to whether the claimants had rights in domestic law, for which there can be no source other than the 1998 act. the act did not transmute international law obligations into domestic ones. it created new domestic human rights. the simple question is whether as a matter of construction, those ..... now under consideration, of treating all the obligations arising under article 2 as parts of a single whole. parliament cannot be taken to have intended that the act should apply differently to the primary obligation (to protect life) and a consequential obligation (to investigate a death). for this reason i consider these judicial ..... occurring under their responsibility. what form of investigation will achieve those purposes may vary in different circumstances. however, whatever mode is employed, the authorities must act of their own motion, once the matter has come to their attention." this then became a standard part of the summary of the strasbourg law given .....
Tag this Judgment!Court : UK Supreme Court
..... or injury to well-being suffered by an employee. hearing loss, at least of the nature presently in issue, falls most naturally into this latter category. the 1961 act is divided into parts, the first four being headed (i) health (general provisions), (ii) safety (general provisions), (iii) welfare (general provisions) and (iv) ..... that "at present there is no legislation requiring the control of noise in factories, nor is occupational deafness prescribed under the national insurance (industrial injuries) act 1965. the problem was examined in detail by the wilson committee, whose report was published in 1963. they concluded that the knowledge then existing was ..... lord robens's recommendation stimulated the inclusion of regulation 44 in the woodworking machines regulations 1974 (si 1974/903) made under section 76 of the 1961 act. in relation to factories using woodworking machines, regulation 44 requires that, "where on any day any person employed is likely to be exposed continuously for .....
Tag this Judgment!Court : UK Supreme Court
..... effect in a way that is compatible with the applicant's convention right and that of any third party who may be affected by the disclosure: human rights act 1998 act, section 3(1). but in my opinion there is no need for those words to be read down or for words to be added in that are not ..... fights. she shared these responsibilities with four other assistants. at the start of her employment the agency applied for an ecrc in accordance with section 115 of the 1997 act. the application was countersigned by isabelle logerot of the registered body education (waltham forest ltd), which was the registered person for the purposes of that section. the ..... with article 8. alternatively she submits that section 115(7) should be read down so as to avoid the incompatibility. the legislation 4. part v of the police act 1997 introduced a legislative framework for the disclosure of criminal records to meet a growing need for the release of such information for employment and other purposes. previously the .....
Tag this Judgment!Court : US Supreme Court
..... such an accepted part of federal campaign finance regulation that when a large number of plaintiffs, including several nonprofit corporations, challenged virtually every aspect of the act in buckley , 424 u. s. 1 , no one even bothered to argue that the bar as such was unconstitutional. buckley famously (or ..... if successful, will properly invite or entail invalidation of the underlying statute.[ footnote 10 ] the paradigmatic case is a judicial determination that the legislature acted with an impermissible purpose in enacting a provision, as this carries the necessary implication that all future as-applied challenges to the provision must prevail ..... 27a. citizens united desired to promote the video-on-demand offering by running advertisements on broadcast and cable television. b before the bipartisan campaign reform act of 2002 (bcra), federal law prohibited and still does prohibit corporations and unions from using general treasury funds to make direct contributions to candidates or .....
Tag this Judgment!Court : US Supreme Court
..... a declaratory judgment that the board is unconstitutional and an injunction preventing the board from exercising its powers. petitioners argued that the sarbanes-oxley act contravened the separation of powers by conferring executive power on board members without subjecting them to presidential control. the basis for petitioners challenge was ..... without commission preapproval or direction. finally, respondents suggest that our conclusion is contradicted by the past practice of congress. but the sarbanes-oxley act is highly unusual in committing substantial executive authority to officers protected by two layers of for-cause removal including at one level a sharply circumscribed ..... related issue in nixon v. administrator of general services , 433 u. s. 425 (1977), the court made clear that when determining whether the act disrupts the proper balance between the coordinate branches, the proper inquiry focuses on the extent to which it prevents the executive branch from accomplishing its .....
Tag this Judgment!Court : US Supreme Court
..... of video games for disfavored treatment at least when compared to booksellers, cartoonists, and movie producers and has given no persuasive reason why. the act is also seriously underinclusive in another respect and a respect that renders irrelevant the contentions of the concurrence and the dissents that video games are qualitatively ..... about whether the state is pursuing the interest it invokes or is instead disfavoring a particular speaker or viewpoint. california also cannot show that the act s restrictions meet the alleged substantial need of parents who wish to restrict their children s access to violent videos. the video-game industry s ..... studies purporting to show a connection between exposure to violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively. any demonstrated effects are both small and indistinguishable from effects produced by other media. since california has declined to restrict those other media, e .....
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