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Topic: Custodial sentence

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	YCJA Explained-Modules-Youth Sentencing-Checklists (Site not responding. Last check: 2007-10-12)
		Custody cannot be considered a possible sentence unless the case meets one of the threshold criteria for custody listed in subsection 39(1).
		In determining the length of a custodial sentence, the court cannot take into account that the supervision portion of the sentence may not be served in custody and the court may later review the sentence under section 94 (subsection 39(8)).
		If a custodial sentence is imposed, the court must give reasons as to why a non-custodial sentence is not adequate to achieve the purpose of sentencing in subsection 38(1).
	canada.justice.gc.ca /en/ps/yj/repository/3Modules/04youth/3040401a.html (499 words)

	[No title]
		Martinez had served consecutive six- month terms of custodial confinement for assault in the third degree and burglary in the third degree and was on probation when the district court revoked his probation because, before it revoked his probation, he had violated certain of its terms and conditions.
		If the district court corrects the sentence by imposing a legal split sentence, the reimposition of a custodial sentence for the pr obation violation shall be upheld unless Martinez advances a valid objection to the revocation and reimposition of sentence on grounds we do not address.
		The Split Sentence We are satisfied that the district court erred both in imposing its original sentence and in sentencing Martinez in response to his motion to correct sentence inasmuch as it did not on either occasion explicitly suspend the execution of a portion of the sentence.
	vls.law.vill.edu /locator/3d/Feb2001/987331.txt (4123 words)

	Ministry of Justice: Publications: Reports: 1999: Conviction and Sentencing of Offenders in New Zealand 1989 to ...
		However, the custodial sentences awarded in cases involving driving causing death between 1995 and 1998 were longer, on average, than in most other years in the decade (see Table 4.8).
		Custodial sentences imposed for this offence have been longer in the last five years, on average, compared with in the first half of the decade.
		The average length of custodial sentences awarded for driving while disqualified in the last two years was fractionally greater than in previous years in the decade.
	www.justice.govt.nz /pubs/reports/1999/convict_sentence/chapter_4_sec_2.html (1410 words)

	Legal / Professional - Practice Directions
		In future, whenever a custodial sentence is imposed on an offender, the court should explain the practical effect of the sentence in addition to complying with existing statutory requirements.
		Sentencers should give the explanation in terms of their own choosing, taking care to ensure that the explanation is clear and accurate.
		Sentencers will bear in mind that where an offender is sentenced to terms which are consecutive, or wholly or partly concurrent, they are to be treated as a single term: Criminal Justice Act 1991, s.51(2).
	www.hmcourts-service.gov.uk /cms/897.htm (1011 words)

	HARSH REALITY OF THE YOUNG OFFENDERS ACT
		Adults are routinely sentenced to prison more often than youths for violent and property crimes, while in each year included in our analysis, youth cases for which the most serious charge was neither a property offence nor a violent offence, were more likely to result in a custodial disposition than comparable adult cases.
		In other words, to be deterred by a sentence imposed on a fellow young person, a youth must have knowledge of the disposition, but that does not mean that he or she will believe that the same penalty could be applied to him or her.
		In cases with a lower degree of seriousness, short sharp shock custodial sentences are often seen to be sufficient to express society's condemnation, while probation or fines would fall short of this goal, and are often applied in conjunction with short periods of custody (Marinos, 1998).
	www.johnhoward.ab.ca /PUB/C9.htm (7001 words)

	[No title] (Site not responding. Last check: 2007-10-12)
		Recent custodial trends and appeals The Government White Paper which described the provisions of what was to become the Criminal Justice Act 1991, noted the ‘widespread view that, so far as possible, young offenders should not be sentenced to custody since this is likely to confirm them in a criminal career’.
		Thus the proportion of sentences of detention in a young offender institution which were appealed to the crown court stood at 13% in 1993, at 9.4% in 1995 and 7.3% in 1996.
		While the sentencing exercise is obviously a complex one, based around the individual features of each case, the rapid increase in the rate of custody during the 1990s might be thought to indicate that courts are not interpreting the seriousness criterion as strictly as they previously were.
	www.nacro.org.uk /data/briefings/nacro-2001030100-ycs.doc (3217 words)

	Ministry of Justice: Publications: Reports: 1998: Conviction and sentencing of offenders in New Zealand 1988 to 1997: ...
		Cases involving offenders remanded in custody as a result of a violent offence were most likely to result in a custodial sentence, with 50% of these cases so sentenced.
		These brief periods of remand in custody may occur, for instance, while information relevant to the bail decision is collected, while the police conduct further investigations, during the course of the actual trial, or while awaiting the sentencing hearing.
		For the 1,184 cases where both a custodial sentence and a supervision sentence were imposed, the average length of the custodial sentences was 5.9 months and the average length of the supervision sentences was 9.7 months.
	www.justice.govt.nz /pubs/reports/1998/convict_sentence/chapter_6_2.html (847 words)

	.RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION;
		If a custodial sentence is imposed, court staff shall, within fifteen days thereafter, transmit a copy of the presentence report and the examination report, if any, to the person in charge of the institution to which the defendant has been committed.
		Sentence shall not be imposed unless the defendant is present or has filed a written waiver of the right to be present.
		Before imposing sentence the court shall address the defendant personally and ask the defendant if he or she wishes to make a statement in his or her own behalf and to present any information in mitigation of punishment.
	www.judiciary.state.nj.us /rules/r3-21.htm (1867 words)

	The Senegalese reform project on alternatives to imprisonment (Site not responding. Last check: 2007-10-12)
		The function of monitoring custodial sentences, despite these having been determined by judges, is all too often passed on to the Interior Ministry, the prison administration or other administrative departments where judges are notable for their absence.
		It consists of suspending the execution of a custodial sentence while subjecting the offender to a period of probation involving supervision and assistance during which he has to comply with the conditions set out by the court.
		The beneficial effects of this non custodial sentence are clearly shown by figures from the South African department of penal services to the effect that between 15th August 1991 and 31st December 1994, 28,022 people were made subject to correctional supervision and that the sentence was successfully served in 85.42% of cases.
	www.penalreform.org /english/article_senegal.htm (4915 words)

	John Howard Society of Alberta - The Harsh Reality of the Young Offenders Act - Page 5
		A comparison of custodial sentence lengths handed down by youth and adult courts is problematic.
		This is particularly significant in comparisons of custodial sentences for which adults are subject to penalties of 2 years or less.
		Youths, on the other hand, are twice as likely to be given intermediate custodial sentences of a duration between one and six months.
	www.johnhoward.ab.ca /docs/Harsh/page5.htm (368 words)

	Intermittent Custody
		The effect of this sentence would be to allow those working for example to serve their prison sentence at weekends, allowing them to keep their normal jobs and therefore protect against the wider family losing their home.
		Intermittent custody will be for offenders who have committed an offence sufficiently serious to warrant a custodial sentence, but who represent a low risk to the public should they serve the sentence intermittently.
		Those who are unemployed will be likely to serve their custody days during the week, with a regime focused on helping them find a job, and be in the community under licence supervised by the probation service at the weekend, in order to help them to maintain family ties and community links.
	www.crimeline.info /Intermittent.htm (547 words)

	Extended Sentences - Interim Social Work Guidance - Annex A&B
		If the court intended to impose a custodial sentence of 2 years but considers that in addition 6 years supervision is needed for public protection, it would impose an Extended Sentence of 8 years.
		Example 2 - custodial term of 4 years or more: if an offender is convicted of indecent assault and the court wants to impose a custodial sentence of 6 years but considers that in addition 8 years supervision is needed for public protection, it would impose an Extended Sentence of 14 years.
		The custodial sentence an offender receiving an extended sentence would have had imposed, had it not been for the extended sentence.
	www.scotland.gov.uk /library/swsg/index-g/c220-05.htm (639 words)

	Lawlink NSW: 11. Sentencing Decisions and Options
		Briefly, the (somewhat contradictory) justifications for sentencing include: punishment or retribution, rehabilitation of the offender, specific and general deterrence (that is, deterring both the particular offender and the general community from committing further offences), and protection of the community.
		It is becoming the case that even though a legal argument may succeed in defending a person from conviction or a custodial sentence, there is an inclination not to argue it as the person could obtain services in the prison system which he or she would otherwise not be able to gain in the community.
		Custodial officers volunteer to be transferred to the units, and as far as possible staffing is constant so that inexperienced officers who may not understand the inmates are not deployed.
	www.lawlink.nsw.gov.au /lrc.nsf/pages/DP35CHP11 (14198 words)

	Powers of Criminal Courts (Sentencing) Act 2000
		(3) Where the court passes a custodial sentence for a term longer than is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it, the court shall-
		(4) A custodial sentence for an indeterminate period shall be regarded for the purposes of subsections (2) and (3) above as a custodial sentence for a term longer than any actual term.
		(b) the offender has been remanded in custody (within the meaning given by section 88 below) in connection with the offence or a related offence, that is to say, any other offence the charge for which was founded on the same facts or evidence.
	www.opsi.gov.uk /ACTS/acts2000/00006--k.htm (3471 words)

	Extended Sentences - Interim Social Work Guidance - Chapters 1&2
		1.1.5 The Extended Sentence is the aggregate of two elements - the custodial sentence the offender would have received for the offence (the "custodial term"), and an additional period of supervision on licence (the "extension period").
		If an offender is recalled to custody while he is on licence, he has the right to make immediate representations to the Secretary of State who must refer his case to the Parole Board which may, providing he is not subject to another custodial sentence, order his release.
		The purpose of Extended Sentences is to give additional powers to the courts to reduce the level of risk to the public from such offenders, through supervision in the community, potentially over long periods of time.
	www.scotland.gov.uk /library/swsg/index-g/c220-02.htm (1549 words)

	Custodial Sentence - CJSNI
		A Custodial Sentence is where your liberty is restricted, in other words a prison sentence or stay in a youth justice centre.
		A sentenced prisoner will have been convicted of an offence and directed by the judge to spend some time in prison.
		This means that if you are given a 6 year custodial sentence you could expect to be released after serving 3 years of that sentence.
	www.cjsni.gov.uk /index.cfm/area/information/page/custodialsentence (131 words)

	BelizeLaw.Org > The Supreme Court of Belize >
		She was sentenced to prison for nine months with hard labour.
		A sentence commensurate with the facts of the case and one which would act as a deterrent for the future.
		Appeal against sentence allowed and a fine of $300 payable on or before the 23rd October, 1981 or in default four months in prison substituted for the sentence of nine months imprisonment imposed by the Inferior Court.
	www.belizelaw.org /judgements/nov_2002/7_of_1981.html (483 words)

	Parole Board for Scotland
		The criterion for imposing the additional supervision, which forms part of an “extended sentence” is that any existing supervision would not be enough to protect the public from serious harm from the offender.
		In considering the case of grounds for recall of an extended sentence prisoner the Board, in recommending that the offender’s licence be revoked, must be satisfied that such action is necessary in order to protect the public from serious harm from the offender.
		In the event of an extended sentence prisoner being recalled to custody and submitting representations to Scottish Ministers, the case for re-release must be considered by a Tribunal of the Board.
	www.scottishparoleboard.gov.uk /extended.asp (346 words)

	Custodial sentence for company director following paper shredder fatality (Site not responding. Last check: 2007-10-12)
		The custodial sentence followed Mr White’s earlier guilty plea to manslaughter and health and safety charges.
		The sentencing follows a full investigation jointly carried between detectives from Norfolk Constabulary CID and inspectors from the Health and Safety Executive (HSE) into the death of Kevin Arnup (36).
		The judge expressed the sentence for Mr White in terms of six months imprisonment with the remaining time released under a supervision order.
	www.hse.gov.uk /press/2005/e05122.htm (596 words)

	ALAN KAY v. HER MAJESTY'S ADVOCATE, 15 April 2005, Lord Macfadyen+Sheriff Principal E.F. Bowen
		He did not dispute either that a custodial sentence was appropriate or that an extended sentence was appropriate.
		In this appeal the submission for the appellant was that both the net custodial term and the extension period were excessive.
		While it was not disputed that an extended sentence was appropriate, we do not find in the sheriff's report any substantial explanation for his selection of an extension period of 30 month.
	www.scotcourts.gov.uk /opinions/2005HCJAC48.html (853 words)

	Prison, Offender section
		The length of sentence imposed by the court will be limited by the maximum penalty for that crime.
		If a sentence is under four years, the offender will be released after serving half their sentence.
		STCs house vulnerable young people who are sentenced to custody in a secure environment where they can be educated and rehabilitated.
	www.cjsonline.gov.uk /offender/prison (651 words)

	PART 4 SENTENCING (Site not responding. Last check: 2007-10-12)
		The periods in custody and under supervision in the community may be changed if you are or become subject to another sentence.
		If the youth sentence comprises more than one sanction imposed at the same time in respect of the same offence, the combined duration of the sanctions shall not exceed two years, unless the sentence includes a sanction under paragraph (2)(j), (n), (o), (q) or (r) that exceeds two years.
		When a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall, on request, give or cause to be given a copy of the sentence and the reasons for the sentence to
	laws.justice.gc.ca /en/2002/1/204.html (5826 words)

	BILL C-7 (As passed by the House of Commons) (Site not responding. Last check: 2007-10-12)
		(6) Before imposing a custodial sentence under section 42 (youth sentences), a youth justice court shall consider a pre-sentence report and any sentencing proposal made by the young person or his or her counsel.
		(1) A youth justice court shall, before imposing a youth sentence, consider any recommendations submitted under section 41, any pre-sentence report, any representations made by the parties to the proceedings or their counsel or agents and by the parents of the young person, and any other relevant information before the court.
		You are ordered to serve (state the number of days or months to be served) in custody, to be followed by (state one-half of the number of days or months stated above) to be served under supervision in the community subject to conditions.
	www.parl.gc.ca /37/1/parlbus/chambus/house/bills/government/C-7/C-7_3/90050b-5E.html (1752 words)

	RedOrbit - Science - Throw Environmental Offenders in Jail (Site not responding. Last check: 2007-10-12)
		I have on several occasions in the past expressed in this column my feelings of regret and dismay at what seems to be an inexplicable reluctance of part of the judiciary to punish environmental offenders with custodial sentences, even when the facts of a particular case warrant it.
		The custodial sentence was, therefore, contingent upon the defendant's failure to pay the fine.
		There is abundant literature on the subject of "sentencing principles" that say a jail term should be regarded as "a punishment of last resort".
	www.redorbit.com /news/science/471878/throw_environmental_offenders_in_jail/?source=r_science (1167 words)

	BirdForum - First custodial Sentence for Stealing Eggs
		But year after year, we have been deal-ing with people such as Mr X, who will always be incredibly sorry when they get caught and given their fine, and then go straight out to do the same thing again, at the expense of our wildlife.
		A prison sentence obviously didn't deter this piece of scum though as it's his second custodial sentence for it.
		I think the custodial sentence for this type of person should not be based on weeks or months, but a breeding season or seasons.
	www.birdforum.net /showthread.php?t=27316 (2370 words)

	House of Commons Hansard Written Answers for 17 May 2004 (pt 30) (Site not responding. Last check: 2007-10-12)
		To ask the Secretary of State for the Home Department how many persons were sentenced in England and Wales for driving with excess alcohol, excluding those causing death or serious injury, in each of the last 10 years; how many of those received a custodial sentence; and what the average custodial sentence length was.
		The available information is contained in the table and relates to persons sentenced for offences of driving etc after consuming alcohol or taking drugs.
		It is not possible in the statistics collected centrally to exclude those offences where serious injury is caused, but the figures exclude persons sentenced for the specific offence of 'causing death by careless driving whilst under the influence of drink or drugs'.
	www.publications.parliament.uk /pa/cm200304/cmhansrd/vo040517/text/40517w30.htm (1041 words)

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