Commission Implementing Decision of 28.6.2021 Pursuant to Directive
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Evidence Act
c t EVIDENCE ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the Queen’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: [email protected] Evidence Act Table of Contents c EVIDENCE ACT Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 1.1 Spouse ...................................................................................................................................................... 5 2. Competency of witnesses, persons with criminal record ......................................................................... 5 3. Persons with an interest in the matter....................................................................................................... 5 4. Parties to proceedings & spouses competent & compellable .................................................................. -
Issues Paper on Consolidation of Evidence Legislation
Issues Paper Number 3 Consolidation of evidence legislation (LRC IP 3-2013) This is the third Issues Paper published by the Law Reform Commission. The purpose of an Issues Paper is to provide a summary or outline of a project on which the Commission is embarking or on which work is already underway, and to provide readers with an opportunity to express views and to make suggestions and comments on specific questions. The Issues Papers are circulated to members of the legal professions and to other professionals and groups who are likely to have a particular interest in, or specialist knowledge of, the relevant topic. They are also published on the Commission’s website (www.lawreform.ie) to ensure they are available to all members of the public. These Issues Papers represent current thinking within the Commission on the various items mentioned. They should not be taken as representing settled positions that have been taken by the Commission. Comments and suggestions are warmly welcomed from all interested parties and all responses will be treated in the strictest confidence. These should be sent to the Law Reform Commission: via email to [email protected] with the subject line Evidence or via post to IPC House, 35-39 Shelbourne Road, Dublin 4, marked for the attention of Evidence Researcher We would like to receive replies no later than close of business on 13th September 2013 if possible. ACTS CONSIDERED IN THIS ISSUE PAPER 1. WITNESSES ACT 1806 (REPEAL WITH RE-ENACTMENT PROPOSED) 2. EVIDENCE ACT 1843 (REPEAL WITH PARTIAL RE-ENACTMENT PROPOSED) 3. -
En En Draft Motion for a Resolution
European Parliament 2019-2024 Committee on Civil Liberties, Justice and Home Affairs 2021/2594(RSP) 6.4.2021 DRAFT MOTION FOR A RESOLUTION to wind up the debate on the statement by the Commission pursuant to Rule 132(2) of the Rules of Procedure on the adequate protection of personal data by the United Kingdom (2021/2594(RSP)) Juan Fernando López Aguilar on behalf of the Committee on Civil Liberties, Justice and Home Affairs RE\1228272EN.docx PE691.241v01-00 EN United in diversity EN B9-0000/2021 European Parliament resolution on the adequate protection of personal data by the United Kingdom (2021/2594(RSP)) The European Parliament, – having regard to the Charter of Fundamental Rights of the European Union (the Charter), in particular Articles 7, 8, 47 and 52 thereof, – having regard to the judgment of the Court of Justice of the European Union (CJEU) of 16 July 2020 in case C-311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II judgment)1, – having regard to the judgment of the CJEU of 6 October 2015 in case C-362/14, Maximillian Schrems v Data Protection Commissioner (Schrems I judgment)2, – having regard to the judgment of the CJEU of 6 October 2020 in case C-623/17, Privacy International v Secretary of State of Foreign and Commonwealth affairs3, – having regard to its resolution of 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs4, -
Saisie-Contrefaçon
Sabine Agé ÖV-Expertengespräch IP-Rechtsdurchsetzung in Europa Vienna ● 16 January 2017 Bringing evidence of infringement in France after the Enforcement directive: the saisie- contrefaçon and other available tools ÖV-Expertengespräch “IP-Rechtsdurchsetzung in Europa: Gut, besser … und morgen?” Vienna ● 16 January 2017 Sabine AGÉ Avocat Paris Lyon Evidence gathering in France after the IP Enforcement Dir. Overview Provisions of the IP Enforcement Directive (IPED) and of the French Intellectual Property Code (IPC) Overview of the means of evidence used in France Saisie-contrefaçon Protection of confidential information Use of the information gathered during the saisie- contrefaçon Right of information and rendering of accounts 2 Bringing evidence of infringement in France after the Enforcement directive: the saisie-contrefaçon and other available tools 1 Sabine Agé ÖV-Expertengespräch IP-Rechtsdurchsetzung in Europa Vienna ● 16 January 2017 Evidence gathering in France after the IP Enforcement Dir. IPED: a minimum Art. 2 : Scope “Without prejudice to the means which are or may be provided for in Community or national legislation, in so far as those means may be more favourable for rightholders, the measures, procedures and remedies provided for by this Directive shall apply, in accordance with Article 3, to any infringement of intellectual property rights as provided for by Community law and/or by the national law of the Member State concerned.” 3 Evidence gathering in France after the IP Enforcement Dir. IPED: fairness and proportionality Art. 3 : General obligation “1. Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. -
Statutory Guidance for Police Collaboration 12Th March 2010
STATUTORY GUIDANCE FOR POLICE COLLABORATION 12TH MARCH 2010 Statutory Guidance for Police Collaboration 1 2 Statutory Guidance for Police Collaboration Contents INTRODUCTION 5 NOTE ON DIRECTION AND CONTROL 6 LEGAL REQUIREMENTS OF THE POLICE ACT 1996 7 LEGAL FRAMEWORK 7 LEGAL REQUIREMENTS 12 RIPA AND COLLABORATIONS 25 THE DIFFERENCE BETWEEN MUTUAL AID AND COLLABORATIONS 27 MODELS OF COLLABORATION 29 AVOIDING BUREAUCRACY 29 CHOOSING COLLABORATION PARTNERS AND COLLABORATION MODELS 29 GOVERNANCE 31 FUNDING 35 WORKFORCE ARRANGEMENTS 37 LEGAL DUTIES AND LIABILITY FOR BREACH 41 PROCUREMENT 51 PROCUREMENT CONSIDERATIONS 51 MANAGING THE COLLABORATION OVER TIME 53 REVIEWING AND AMENDING THE AGREEMENT 53 NEW PROJECTS 53 ENDING THE AGREEMENT 53 EXIT STRATEGY 53 ANNEX A – DECISION PROCESS FOR COLLABORATION 55 ANNEX B – GLOSSARY 57 Statutory Guidance for Police Collaboration 3 This Statutory Guidance was developed by the Home Office with the assistance of consultants from Tribal involving wide consultation and review with partners throughout the police service. It has been endorsed by the tripartite National Police Protective Services Board (a sub-committee of the National Policing Board) whose member organisations include the Home Office, the Association of Chief Police Officers, the Association of Police Authorities, the Association of Police Authority Chief Executives, Her Majesty’s Inspectorate of Constabulary and the National Policing Improvement Agency. It has also been approved by the Police Advisory Board of England and Wales. All of the above organisations, as well as the many individual reviewers and reference group members, are thanked for their substantial contributions. Through this Statutory Guidance document the Secretary of State is exercising his power (in section 23F of the Police Act 1996 (as amended by the Policing and Crime Act 2009)) to provide guidance about collaboration agreements or related matters. -
Review of the EU Copyright Framework
Review of the EU copyright framework European Implementation Assessment Review of the EU copyright framework: The implementation, application and effects of the "InfoSoc" Directive (2001/29/EC) and of its related instruments European Implementation Assessment Study In October 2014, the Committee on Legal Affairs (JURI) requested from the European Parliament Research Service (EPRS) an Ex Post Impact Assessment on Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc). This EPRS publication was originally commissioned in the context of JURI's own- initiative implementation report, which was adopted in Plenary in July 2015, Rapporteur Julia Reda MEP. However, it is also relevant to the work of JURI Committees' Working Group on Intellectual Property Rights and Copyright (CWG), chaired by Jean Marie Cavada MEP. Furthermore, this request was made in the wider context of the Commission's review of the EU legislative framework on copyright, and the ensuing legislative proposals, which have been a long time in the planning and which are now expected for the 4th quarter of 2015. The objective of these proposals is to modernise the EU copyright framework, and in particular the InfoSoc Directive, in light of the digital transformation. Accordingly, in response to the JURI request, the Ex-Post Impact Assessment Unit of the European Parliament Research Service decided to produce a "European Implementation Assessment on the review of the EU copyright framework". Implementation reports of EP committees are now routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the European Parliament's Directorate-General for Parliamentary Research Services. -
Circular 2018/01: Assaults on Emergency Workers (Offences) Act
Circular 2018/01 TITLE: ASSAULTS ON EMERGENCY WORKERS (OFFENCES) ACT 2018 From: Bail, Sentencing and Release Policy Distribution Date: 13/11/2018 Implementation Date: 13/11/2018 For further information Ashir Mir, Sentencing Policy Advisor contact: Bail, Sentencing and Release Policy [email protected] 07547 970008 BroaD subject: Criminal Law Sub category: Assaults on Emergency Workers This circular is for: Lord Chief Justice, President of the Queen’s Bench Division, Senior Presiding Judge, Justices of the Supreme Court, Lords Justices of Appeal, High Court Judges, Crown Court Judges, District Judges (Magistrates Courts), Bench Chairmen, Clerks to the Justices, Chief Crown Prosecutors, Council of Circuit Judges, Magistrates’ Association, Justices’ Clerks’ Society, Registrar of Criminal Appeals, The Law Society, The Bar Council, the Criminal Bar Association, National Police Chief’s Council, Association of Police and Crime Commissioners, Police Federation, Superintendents’ Association, Chief Police Officer’s Staff Association, College of Policing, Association of Special Constabulary Officers, Unison, Royal College of Nursing, Fire and Rescue Services Association, Fire Brigades Union, Fire Officers Association, National Fire Chiefs Council, Local Government Association, National Joint Council, Prison Officers’ Association, Prison Governors Association ASSAULTS ON EMERGENCY WORKERS (OFFENCES) ACT 2018 INTRODUCTION 1. The Assaults on Emergency Workers (Offences) Act 2018 received Royal Assent on 13 September 2018 and will come into force on 13 November 2018. The Act is set out in full at Annex A. 2. The Act is a response to the increase, in recent years, in the number of assaults on emergency workers. There were 26,000 assaults on police officers in the past year. -
Her Majesty's Inspectorate of Constabulary (HMIC)
Her Majesty's Inspectorate of Constabulary (HMIC) Basics Web site http://www.hmic.gov.uk/Pages/home.aspx Geographical England and Wales coverage Constitutional Aspects Legal Her Majesty’s Inspectors of the Constabulary (‘HMICs’) have an Framework/Basis extensive history, as the first HMICs were appointed under the provisions of the County and Borough Police Act 1856. In 1962, the Royal Commission on the Police (Final Report, Cmnd. 1728) formally acknowledged their contribution to policing. HMIC is governed by the Police Act 1996, which states that ‘inspectors of constabulary’ will inspect every police force in England and Wales in relation to their ‘efficiency and effectiveness’. The Police Act 1996 (sections 54 to 56 and Schedule 4A) describes the appointment procedure, functions and powers of HMIC including its duty to arrange for publication of its reports. HMIC’s core function is to inspect the efficiency and effectiveness of police forces (s. 54). The Police Reform and Social Responsibility Act 2011 made significant changes to the powers/functions of HMIC. HMIC no longer reports directly to the Secretary of State, in order to secure its independence, and it is now HMIC that arranges to publish its reports as it considers appropriate. HMIC’s powers now include the ability to request (and be mandatorily given) information by chief police officers and the power to enter police premises (paragraphs 6A and 6B of Schedule 4A) as appear to HMIC to be required for the purposes of an inspection under section 54. In addition to HMIC’s proactive inspections, if a local policing body requests inspectors to carry out an inspection of a particular police force, or a specified section or activity of that force, HMIC may carry out such an inspection (with the policing body paying HMIC’s reasonable costs per s. -
Digital Economy Bill
Digital Economy Bill [AS AMENDED ON REPORT] CONTENTS PART 1 ACCESS TO DIGITAL SERVICES 1 Universal service broadband obligations 2 General conditions: switching communications provider 3 Bill limits for mobile phone contracts 4 Automatic compensation for failure to meet performance standards PART 2 DIGITAL INFRASTRUCTURE Electronic communications code 5 The electronic communications code 6 Power to make transitional provision in connection with the code 7 Power to make consequential provision etc in connection with the code 8 Application of the code: protection of the environment Dynamic spectrum access services 9 Regulation of dynamic spectrum access services Other regulation of spectrum 10 Statement of strategic priorities 11 Penalties for contravention of wireless telegraphy licences 12 Fixed penalties under Wireless Telegraphy Act 2006 13 Search warrants under Wireless Telegraphy Act 2006 14 Disposal of seized property under Wireless Telegraphy Act 2006 15 Time limits for prosecutions under Wireless Telegraphy Act 2006 HL Bill 122 56/2 ii Digital Economy Bill PART 3 ONLINE PORNOGRAPHY 16 Internet pornography: requirement to prevent access by persons under the age of 18 17 Meaning of “pornographic material” 18 The age-verification regulator: designation and funding 19 Parliamentary procedure for designation of age-verification regulator 20 Age-verification regulator’s power to require information 21 Enforcement of sections 16 and 20 22 Financial penalties 23 Age-verification regulator’s power to give notice of contravention to payment-services -
'Specially Restricted Material' and Age Verification Guidance For
‘Specially restricted material’ and Age Verification Guidance for Providers of On-Demand Programme Services Changes to the Guidance Contents Section 1. Overview 1 2. Background 3 3. Decisions on Changes to the Guidance 6 4. Revised Rule 11 and Guidance 17 Annex A1. Equality Impact Assessment 22 A2. Legal Background 24 Changes to the ODPS age verification guidance 1. Overview On-demand programme service providers (“ODPS providers”) regulated by Ofcom are required to place ‘specially restricted material’ (which includes certain pornographic content) behind age- verification controls to restrict access to over 18s. The Digital Economy Act 2017 increases the scope of content that has to be placed behind age-verification controls on ODPS, and we are changing Rule 11 of Ofcom’s Rules for ODPS to reflect this stricter requirement. The Digital Economy Act also introduced new duties for the British Board of Film Classification (“BBFC”) to regulate ‘pornographic’ content online on commercial adult websites. In light of this, and following our consultation in October 2018, this document sets out our decisions regarding changes to Ofcom’s Guidance for Rule 11. How Rule 11 is changing – in brief The changes to Rule 11 extend the meaning of ‘specially restricted material’ for which ODPS must provide age-verification (“AV”) controls. The definition will now include material whose principal purpose is to cause sexual arousal and which has been issued an ‘18’ Certificate by the BBFC, or would be likely to be issued an ‘18’ if it were submitted to the BBFC in a video work. What we have decided about the Rule 11 Guidance – in brief Our changes to the Guidance aim to promote consistency between our approach to regulating ‘specially restricted material’ on ODPS, and the approach of the BBFC to regulating ‘pornographic material’ on online adult websites. -
You Never Saw a Fish on the Wall with Its Mouth Shut
IAN WINTER QC YOU NEVER SAW A FISH ON THE WALL WITH ITS MOUTH SHUT THE PRIVILEGE AGAINST SELF-INCRIMINATION AND THE DECISION OF THE COURT OF APPEAL IN R V K [2009] EWCA CRIM 1640 ISSUE NINE WINTER 2009 PUBLISHED BY CLOTH FAIR CHAMBERS CLOTH FAIR CHAMBERS Nicholas Purnell QC Richard Horwell QC John Kelsey-Fry QC Timothy Langdale QC Ian Winter QC Jonathan Barnard Clare Sibson Cloth Fair Chambers specialises in fraud and commercial crime, complex and organised crime, regulatory and disciplinary matters, defamation and in broader litigation areas where specialist advocacy and advisory skills are required. 2 CLOTH FAIR CHAMBERS IAN WINTER QC YOU NEVER SAW A FISH ON THE WALL WITH ITS MOUTH SHUT1 THE PRIVILEGE AGAINST SELF-INCRIMINATION AND THE DECISION OF THE COURT OF APPEAL IN R V K [2009] EWCA CRIM 1640 ISSUE NINE WINTER 2009 PUBLISHED BY CLOTH FAIR CHAMBERS 1 Unreliably attributed to Sally Berger but the true origin is unclear. King John, pressured by the barons and threatened with insurrection, reluctantly signs the great charter on the Thames island of Runnymede CLOTH FAIR CHAMBERS he fish on the wall has its mouth open unreliable testimony produced as a result of it. because it couldn’t resist the temptation to open it when the occasion appeared to Had paragraph 38 of Magna Carta remained the law, which justify doing so. There are few convicted could have been the case even once the use of torture had defendants who likewise could resist the been outlawed2, the question over the admissibility of the temptation to open their mouths and accused’s statement would not have been whether the Tthereby assist their prosecutors with their own words. -
Shifting Attitudes to Injunctions in Patent Cases
||||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||||||||||||||||||||||||||| EUROPE PATENT INJUNCTIONS ||||||||||||||||||||||||||||||||||||||||||||||| Shifting attitudes to injunctions in patent cases Final injunctions for successful parties in patent cases in Europe have generally been seen as automatic. But, as Stephen Bennett , Stanislas Roux-Vaillard and Christian Mammen explain, attitudes are evolving ntil relatively recently, the question of whether a final injunction should be granted to a pat - MINUTE entee who has succeeded at trial has not really READ troubled the courts of Europe. Although the 1 Continental European civil law systems and the Despite their differing common law common law systems have approached the and civil law systems, courts in the Uissue from different starting points, the outcome has been over - UK and continental Europe have whelmingly the same: injunctions are granted to successful pat - tended to grant injunctions to suc - entees at the end of trial as a matter of course. cessful patent owners after a trial as Things are changing and the issue has been receiving a greater a matter of course. However, this po - degree of interest in recent times. This has arisen because of ar - sition has come under pressure guments made by defendants in (predominantly) cases con - thanks to arguments advanced by cerning patents for multi-function devices (mobile