Example sentences of "judge should have [vb pp] [art] " in BNC.
Next page| No | Sentence |
|---|---|
| 1 | When the jury handed in their note the judge should have asked the jury to retire . |
| 2 | TJ , who did not give evidence , was convicted and appealed , submitting that ( 1 ) the judge was wrong to rule that there was no breach of the Code ; ( 2 ) the judge wrongly told the jury that there had been no breach , thus undermining the defence speech to the jury on this point ; ( 3 ) the evidence was unsafe and unsatisfactory having regard to the evidence given by D ; and the judge should have withdrawn the case from the jury . |
| 3 | By a notice of appeal dated 24 December 1991 the local authority appealed with leave of the judge on the grounds that ( 1 ) the judge had erred in law or misdirected himself as to the criteria to be applied to the decision whether leave should be granted in respect of an application by a former foster parent ; ( 2 ) the judge should have applied the test whether ( a ) there were quite exceptional circumstances disclosed necessitating the ousting of the local authority and the consequent discharge of the care order , and ( b ) there was a real likelihood that the applicant could persuade the court to adopt that course and ( c ) such a course was in the interests of the children ; ( 3 ) alternatively , if the judge had adopted the correct test , his exercise of his discretion had been plainly wrong in that he had failed to give any or sufficient weight to ( a ) the disturbing effects on the children of further investigation , ( b ) the fact that if residence orders were made the care order would be discharged , ( c ) the shared responsibility between the foster mother and the mother resulting from section 12(2) of the Act of 1989 , ( d ) the fact that the foster mother 's proper remedy was her application for judicial review , and ( e ) the wishes of the children and the mother . |
| 4 | The effect of the Court 's decision on the second appeal was that the trial judge should have allowed the jury to hear the way in which the appellant had answered the questions of the police . |
| 5 | That left the issue of whether the judge should have excluded the statement under section 78 . |
| 6 | It seems that this passage led Barnett J. ( and indeed the Court of Appeal ) to conclude that the district judge should have approached the inquiry on the footing that ( i ) the burden of showing that the continuance of the prosecution would be a misuse of the process of the court rested upon the applicant , but ( ii ) this burden could prima facie be discharged by demonstrating an inexcusably long delay , unless the prosecution could in turn discharge the burden of showing that prejudice did not in fact follow from the delay . |