Statutory Time Limit Research Articles

Misguided guidelines.

The proposed guidelines would require detailed, probing inquiry into motivation for choosing assisted suicide. This is an appropriate requirement in principle. In practice, it will be virtually impossible to carry out this inquiry within likely statutory time limits. Evaluators most likely will either reject the guidelines as impractical or give them merely perfunctory observance. There is, moreover, an inherent tension in the evaluator's relationship with the patient between empathy and impersonal distancing that the guidelines do not adequately acknowledge; this tension necessarily compromises the evaluator's ability to apply the guidelines in the probing, detailed manner they envision. The guidelines provide false comfort that physician-assisted suicide can be carried out with adequately sensitive monitoring of voluntariness and mental competence.

Tough on Crime or Tough on the Causes of Crime? An Evaluation of Labour's Crime and Disorder Legislation

One of the most important of the New Labour Government's policies is reform of criminal justice — especially youth justice. There is a new determination to achieve a balance between the welfare of offenders, punishment, and the protection of the public. This paper will demonstrate, with particular reference to young offenders, that the main aim of the policy is to change offending behaviour and thereby reduce crime. Thus the Crime and Disorder Act includes provision for reparation orders, action plans, detention and training orders, Anti-Social Behaviour Orders, child curfew schemes and Reprimand and Final Warning Schemes; but it also includes Parenting Orders, which are designed to help parents control the behaviour of their children. Youth Offending Teams will be set up locally to provide programmes to support offenders and to stop offending at an early stage. In all of this there is an emphasis on the co-ordination of the various agencies involved in youth justice. The Chief Officers Groups (which will include representatives of all relevant local services and authorities), for instance, will oversee the Youth Offending Teams. In future, the police, the probation service, social services and members of the Youth Offending Teams will have to work together to prepare strategies for reducing local crime and disorder. This paper will also show that the Government is committed to reducing delays in dealing with persistent young offenders: there are new statutory time limits in the Act.

Ailing leaders in power

The recent revelations about the health of the late President Mitterand and the long‐running crisis in Greece over the former Prime Minister Andreas Papandreou have highlighted the difficulties encountered when a leader is in ill‐health and particularly if they are unwilling to relinquish the reins of power. Sometimes called the Captive King, Captive Court syndrome, such situations have a serious impact on government, the body politic, the media and the public at large, Here Dr Hugh L'Etang discusses these issues, not just with reference to ailing political leaders but more widely in situations where military commanders or other executive leaders are unable to properly carry out their functions. He concludes that there is a need for some sort of statutory time limit on service to prevent such situations from arising.

Mental health review tribunals. Why the delay?

Abstract An examination of case notes and administrative records of patients appealing against detention under the Mental Health Act 1983 was conducted. Whereas appeals against section 2 were heard promptly, there were long delays between appeal and the tribunal hearing in section 3 appeals and even longer delays in appeals against detention under Part III of the Act (the forensic sections). Despite this, Part III patients were more likely to be discharged by the tribunal. The majority of social work and medical reports were provided within the statutory time limits. The main delay would appear, therefore, to lie within the mental health review tribunal (MHRT) office. It is imperative that the causes of such delays are clarified and action taken to reduce them.

The International Chamber of Commerce Court of Arbitration

The award must be in writing and signed by the arbitrators. If these require ments of form are not observed, the award is void. But the Act makes an exception if the award has been signed by a majority of the arbitrators, and they have a certificate on the award that the arbitrator whose signature is missing took part in deciding the dispute. Arbitrators may issue dissents. According to the Institute rules, the award must be accompanied by reasons. Even if the rules do not apply, Swedish arbitrators usually give a full account of the reasons on which the award is based, although they are not legally obliged to give reasoned awards. There is no statutory time limit for rendering the award as far as international arbitration is concerned. The Institute rule is that the award shall be made not later than one year after the appointment of the arbitrators. The Institute may, however, at the request of a party or the arbitrators, extend the period for good reasons.

British Food Journal Volume 84 Issue 5 1982

Legal process by its very nature cannot be swift; step by step, it must be steady and sure and this takes time. There is no room for hasty decisions for these would tend to defeat its purpose. Time, however, is of the essence and this is set for various aspects of legal action by limitation of actions legislation, which sets periods after which the case is no longer actionable. The periods are adequate and in civil law, generous to avoid injustice being done. The one serious complaint against the process of law, however, is the unwarrantable delays which are possible despite limitation. From the far‐off days of Equity, when Dickens' Jarndyce v Jarndyce, caricatured and exaggerated as it was, described the scene down to the present when delays, often spoken of in Court as outrageous are encountered, to say nothing of the crowded lists in the High Courts and Crown Courts; the result of the state of society and not the fault of the judiciary. Early in 1980, it was reported that 14,500 cases were awaiting trial in the Southeastern Circuit Crown Court alone. Outside the Courts legal work hangs on, to the annoyance of those concerned; from house purchase to probate. Here, the solicitor is very much his own master, unhampered by statutory time limits and the only recourse a client has is to change this solicitor, with no certainty that there will be any improvement, or appeal to the Law Society.

Amoco Overseas Oil Company and Amoco Transport Company v. Compagnie Nationale Algerienne de Navigation and T/S Amenas

252Sovereign immunity — Public ships and other property of foreign States — Jurisdictional attachment of funds of foreign government agency in United States bank — Failure to perfect attachment within statutory time limit — Subsequent extension of time limit within which to perfect attachment granted after entry into force of Foreign Sovereign Immunities Act — Whether restoration of levy barred after entry into force of Act — The law of the United States

Appeal and Error: Statutory Time Limit for Appeal: Late Appeal Dismissed Regardless of Cause of Delay

Appeal and Error: Statutory Time Limit for Appeal: Late Appeal Dismissed Regardless of Cause of Delay