GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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09:47 Mar 11, 2019 |
Italian to English translations [PRO] Law/Patents - Law (general) / Sentenza penale | |||||||
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| Selected response from: Alison Kennedy Italy Local time: 02:20 | ||||||
Grading comment
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Summary of answers provided | ||||
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4 | reasons for decision to be delivered |
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4 | in which disclosure of the statement of grounds was deferred |
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3 | with restricted grounds |
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reasons for decision to be delivered Explanation: Criminal courts will always deliver the verdict (acquittal (various formulas), guilty) at the end of oral hearings but will have a term - normally 60 days - to provide written reasons for the decision). |
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with restricted grounds Explanation: Limited or restricted grounds 25. Whilst both the FtT when dealing with a “first application” for PTA (FtT Rules, r.25(5)) and the UT when dealing with a “second application” for PTA (UT Rules, r.22(4)) may restrict the grant of permission to specified grounds, the right of the applicant to apply to the UT for permission to appeal on other grounds and its practical consequences lead to the pragmatic suggestion that such a course is frequently more trouble than it is worth. A judicial observation on the merits of other grounds that have not caused permission to be granted may be of value to the judge seised of the appeal, who will be able to direct the parties to those grounds which are considered to have arguable merit. If nevertheless it is decided permission should only be granted or limited or restricted grounds, the Judge should state this expressly (and precisely), so that it is clear that he or she contemplates the possibility of the applicant applying to the UT in respect of the other grounds. https://www.judiciary.uk/wp-content/uploads/2014/08/guidance-note-no1-permission-to-appeal-to-utiac.pdf |
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in which disclosure of the statement of grounds was deferred Explanation: A judgment or order that does not state the grounds on which it is based may be declared void. However, it is permissible for a judge to choose [termine autoassegnatosi] to defer disclosure of the statement of grounds (usually for a period of 90 days). ( La sentenza in commento si segnala perché chiarisce la questione pratica in cui il Giudice deposita la motivazione anticipatamente rispetto al termine autoassegnatosi in sede di lettura del dispositivo di sentenza.) |
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