Fettering Discretion in UK Law
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Clare’s Law, or the national Domestic Violence Disclosure Scheme
Clare’s Law has been a PR success for the police in England and Wales—the police have engaged directly with the media over the national roll-out of the Domestic Violence Disclosure Scheme. But the ...... ... Legitimate expectations and issues of fettering discretion On a last, separate observation in this doctrinal analysis of ... ...
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Book Reviews
... ... ) they run the risk of either antagonizing the judiciary by fettering their discretion or of undermining the potential effectiveness of the ... ...
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Relocation, Relocation, Relocation: A Comparative Study of "Leave to Remove" Applications in England and Scotland
... ... (3) of the Children Act 1989 is to be applied in the exercise of discretion in order to help a judge determine what will optimise the welfare of the ... without bringing about any negative results arising from the fettering of discretion ... ...
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Retrial or Not? The Troubles of Exercising Discretion
... ... guidelines is to set down an inexhaustive list of potentially rele-vant factors in certain circumstances so that it would not be fettering the courts’discretion. Along thedevelopment of case law, the list can be expanded to provide for certainty and predictability.Nonetheless, it is ... ...
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Retrial or Not? The Troubles of Exercising Discretion
... ... guidelines is to set down an inexhaustive list of potentially rele-vant factors in certain circumstances so that it would not be fettering the courts’discretion. Along thedevelopment of case law, the list can be expanded to provide for certainty and predictability.Nonetheless, it is ... ...
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LIMITATIONS ON THE CONTRACTUAL LIABILITY OF PUBLIC AUTHORITIES
... ... The Amphitrite, namely, that a person to whom a discretion has been entrusted cannot bind himself as to the manner ... of this principle of supposed impossibility of fettering a discretion to the servant of the Crown and of other ... ...
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STATUTES
... ... The courts have always enjoyed a discretion in respect of the power to grant or refuse bail, and it ... information by a points score system would, with- out fettering the ultimate discretion of the court, provide a standard and ... ...
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Ethics, Law and Criminological Research
... ... privilege, protection would depend upon judicial discretion, and so no guarantee of legally protected confidentiality could be ... 3 However, this fettering of prosecutorial discretion would only partly allay the concern of ... ...
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Frank Stacey Memorial Lecture, 1988
... ... decision to confirm the CPO on the ground of bias or fettering ... 6 discretion failed: Franklin v Minister of Town and Country ... ...
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The Use of Discretion in a Rule‐Bound Service: Housing Benefit Administration and the Introduction of Discretionary Housing Payments in Great Britain
This paper is concerned with how administrators in the Housing Benefit (HB) service in Great Britain have reacted to the discretionary powers given to local authorities as a result of the introduct...... ... The Benefits Manager of one authority argued further that fettering discretion by giving too clear guidelines on decision making could be deemed illegal. Expenditure on discretionary housing payments If, despite the ... ...
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