Example sentences of "in [v-ing] whether [pron] [be] " in BNC.

  Next page
No Sentence
1 This is a very important position you 're after , I shall have to be very thorough in checking whether you 're up to it .
2 Chinese and Japanese speakers are not too concerned with establishing in each case whether there is one or more than one of a given referent , just as English speakers are not particularly interested in establishing whether there are two or more than two persons or objects .
3 In Vine v. The National Dock Labour Board ( H. L. , 1957 ) Lord Somervell of Harrow said that in deciding whether there is such a power , two factors have to be considered : ( a ) the nature of the power ; ( b ) the character of the person .
4 But otherwise , on the principle stated by Lord Lane C.J. in Reg. v. Galbraith [ 1981 ] 1 W.L.R. 1039 , if the prosecution evidence is such that its strength or weakness depends on the view to be taken of its reliability , the magistrate is entitled to act upon that evidence in deciding whether there is sufficient evidence to justify an order for committal .
5 Held , allowing the appeal , that the retraction by a witness in extradition proceedings of evidence previously given in the requesting state did not in itself discredit that evidence and , unless it was worthless , the magistrate was entitled to act upon it in deciding whether there was sufficient evidence to justify an order for committal ; that , equally , a witness 's evidence was not to be automatically discredited by virtue of that witness having been an alleged accomplice of the accused ; and that the magistrate had given proper consideration to the retraction of P. 's evidence and to his being an alleged accomplice when deciding if there was sufficient evidence to justify the applicant 's committal ; that , further , since the provision in article 1 of the Treaty allowing for extradition in respect of offences ‘ committed within the territory of the requesting party ’ having been extended by article 3(2) to cover participation in extradition offences punishable by the laws of both states , the lack of evidence of the applicant 's presence in Sweden at the relevant time did not take the offences outside the ambit of the Treaty ; that under Schedule 1 to the Act of 1989 the magistrate was concerned only with committal proceedings under English procedure in relation to the English crimes specified in the order to proceed and not with the jurisdiction of the Swedish court ; and that , accordingly , the magistrate had been entitled to commit the applicant ( post , pp. 846D–F , 850F — 851A , E — 852C , 853A ) .
6 The effect of the work on a significant proportion of the likely audience is all that matters in deciding whether it is obscene under s1 .
7 Here A's mistake is so extraordinary that we are justified in wondering whether he was not insane at the time of the deed , his insanity being an omitted fact .
8 Thus in considering whether there is a sufficient connection with this country the court will look at all the circumstances , including the residence and place of business of the defendant , his connection with the insolvent , the nature and purpose of the transaction being impugned , the nature and locality of the property involved , the circumstances in which the defendant became involved in the transaction or received a benefit from it or acquired the property in question , whether the defendant acted in good faith , and whether under any relevant foreign law the defendant acquired an unimpeachable title free from any claims even if the insolvent had been adjudged bankrupt or wound up locally .
9 In considering whether it was reasonable for an applicant to continue to occupy accommodation in another country the local authority might take into account the custom and lifestyle in that country .
10 In particular , we were interested in examining whether there were any changes in the age distribution of known heroin users , whether heroin use had spread from the most socially deprived areas to adjacent areas and middle-class communities , and whether there were any indications that heroin users were turning from ‘ chasing the dragon ’ ( smoking ) to injecting heroin .
11 In determining whether there is a false trade description the court looks at the situation as an ordinary purchaser would .
12 It is a defence for a person charged with ‘ Being in Charge ’ to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath , blood or urine remained likely to exceed the prescribed limit ; but in determining whether there was such a likelihood the court may disregard any injury to him and any damage to the vehicle .
13 But customers at present have difficulty in knowing whether they are getting value for money .
14 Having got used to moving forwards , this can produce problems in knowing whether you are moving or not .
15 In assessing whether there is likely to be prejudice and if so whether it can properly be described as serious , the following matters should be borne in mind : first , the power of the judge at common law and under the Police and Criminal Evidence Act 1984 to regulate the admissibility of evidence ; secondly , the trial process itself , which should ensure that all relevant factual issues arising from delay will be placed before the jury as part of the evidence for their consideration , together with the powers of the judge to give appropriate directions to the jury before they consider their verdict .
16 In assessing whether there is likely to be prejudice and if so whether it can properly be described as serious , the following matters should be borne in mind : first , the power of the judge at common law and under the Police and Criminal Evidence Act 1984 to regulate the admissibility of evidence ; secondly , the trial process itself , which should ensure that all relevant factual issues arising from delay will be placed before the jury as part of the evidence for their consideration , together with the powers of the judge to give appropriate directions to the jury before they consider their verdict .
17 ( 2 ) That no stay was to be imposed unless a defendant established on the balance of probabilities that , owing to the delay , he would suffer serious prejudice to the extent that no fair trial could be held , in that the continuation of the prosecution amounted to a misuse of the process of the court ; that , in assessing whether there was likely to be prejudice and if so whether it could properly be described as serious , the court should bear in mind the trial judge 's power at common law and under the Police and Criminal Evidence Act 1984 to regulate the admissibility of evidence , the trial process itself which should ensure that all relevant factual issues arising from delay would be placed before the jury as part of the evidence for their consideration , and the judge 's powers to give appropriate directions before the jury considered their verdict ; and that , accordingly , the judge 's decision to stay the proceedings had been wrong , since such delay as there had been was not unjustifiable , the chances of prejudice were remote , the degree of potential prejudice was small , the powers of the judge and the trial process itself would have provided ample protection for the police officer , there was no danger of the trial being unfair and in any event the case was not exceptional so as to justify the ruling ( post , p. 19B–E ) .
  Next page