Sentences with phrase «imposing indeterminate»

(i) If the dangerous offender provisions are satisfied the judge still retains a discretion as to whether to impose an indeterminate or extended sentence.

When allowing an appeal against an extended sentence the Court of Appeal was not bound to impose an indeterminate sentence as such a sentence would amount to an increase in sentence and it was precluded from doing that by virtue of Criminal Appeal Act 1968, s 11 (3).

That is an inadequate basis on which to impose an indeterminate sentence on a necessary hypothesis that there is a significant risk of serious harm from future offending.

That, in the court's judgment, is an inadequate basis on which to impose an indeterminate sentence on a necessary hypothesis that there is a significant risk of serious harm from future offending.

Not exact matches

Described by the curator John Elderfield as «think - tough, paint - tough» due to their imposing scale and vigorously expressive brushwork, the pieces from the series include First Creatures from 1959, an abstract, indeterminate landscape exhibited here for the first time, and Mediterranean Thoughts from 1960, in which Frankenthaler's looping skeins of poured paint create partitions of varying sizes, leaving very little exposed canvas.

Rather than a fixed period of time — for example, six months imprisonment on conviction for theft — an indeterminate sentence allowed a magistrate to impose a sentence of up to two years less a day, with the length of that sentence to be determined by the offender's conduct in jail.

Notably, in an effort to cover all her bases, Judge Robinson did close her McBride opinion by stating: «And, if the federal sentencing guidelines were declared facially invalid, in imposing a sentence under the indeterminate regime predating the Sentence Reform Act, this Court would impose the very sentence it imposes now.»

If an indication is given, the judge should make it clear that if the defendant is later assessed as «dangerous», the sentences mandated by CJA 2003 — an indeterminate or extended sentence — will be imposed and that, if the accused is assessed as dangerous, the indication can only relate to the notional determinate term which will be used in the calculation of the minimum specified period the offender would have to serve before he may apply to the Parole Board to direct his release or, in a case where an extended sentence is the only lawful option, it will relate to the appropriate custodial term within the extended sentence — that is, the indication does not encompass the length of any extension period during which the offender will be on licence following his release.Criminal Justice Act 2003 (Commencement No 16) Order 2007 (SI 2007/1999) Section 29 of CJA 2003 creates (in the case of public prosecutions only) a new method of commencing criminal proceedings — written charge and requisition, to replace laying an information and issuing a summons.

The court's provisional view was that when dealing on a subsequent occasion with a further offence, the sentencing court should impose an appropriate concurrent sentence, be it determinate, indeterminate or extended, depending on the circumstances.

(iii) If the defendant is later assessed as «dangerous», the sentences mandated by the provisions — an indeterminate or extended sentence — will be imposed.