Sentences with phrase «indeterminate sentences»

The court will not interfere where extended or indeterminate sentences were justified, unless the practical result is manifestly excessive, or for some reason gives rise to real problems of administration.

The failure of the secretary of state to implement his policy to provide courses and training to prisoners, within a time frame that gives prisoners serving indeterminate sentences for public protection (IPPs) a chance to demonstrate that they are safe for release by the time that they have completed their tariff period, or reasonably soon thereafter, is in breach of the rights of those prisoners.

It was always obvious that a large number of people would be sentenced to indeterminate sentences and placed in a prison system that was already unable to get determinate prisoners through the required programmes in time to be considered by the Parole Board.»

Secondly, he said that although judges were putting into effect their new powers to give indeterminate sentences under the Criminal Justice Act 2003, they were not yet using the power under that law to give more community orders «as fully as they might».

However, The Sun articles claim - entirely falsely - that this was a decision of the parole board (which has no involvement in HDC and deals only with prisoner serving life, indeterminate sentences and recalls) and has been «a victory» for the tabloid and its loyal readers.

The judgement has been jumped on by campaigners as proof that indeterminate sentences are an example of badly planned and poorly implemented government posturing on crime.

Indeterminate sentences, in these instances.

The prevalent indeterminate sentence (one to ten years, two to 20 years, etc.) once was considered a liberal reform that would allow well - adjusted prisoners time off for good behavior.

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.

In particular, Patterson was a proponent of the indeterminate sentence.

Advice and representation for pre-tariff reviews for life and indeterminate sentence prisoners before the Parole Board;

I am sick of the paternalistic and moralistic lifer system, the begging for release, the cruel and inhuman treatment of indeterminate sentence prisoners, the middle - class judging of people who end up in the system and the endless punishment of traumatised people.

I would like to respectfully disagree with the fundamental premise underlying your statement, «If Blakely is about preferring adversarial to inquisitorial sentencing procedures and if the Framers wanted juries rather than judges to control sentencing, then are indeterminate sentencing systems unconstitutional?»

Washington is one such state, though they do have an «Indeterminate Sentence Review Board» (i.e. parole board) that considers a limited set of cases (mainly those sentences before July 1 1984 when the state switched to determinate sentencing).

If you are serving a life sentence or indeterminate sentence for murder, or are found to be a Dangerous Offender by the court, then the law sets Parole Eligibility for Full Parole as follows:

He was convicted and given an indeterminate sentence of imprisonment.

The first man convicted of human trafficking in Toronto could face an indeterminate sentence if declared a «dangerous offender» by court.

The Applicant appealed the dismissal of his application to have s. 753 (4.1) declared constitutionally invalid as well as his designation as a dangerous offender and indeterminate sentence.

R (Bruton) v Secretary of State for Justice [2017] EWHC 1967 (Admin) The first procedural fairness challenge to a decision refusing an indeterminate sentence prisoner early release on compassionate family grounds (instructed by the Government Legal Department)

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.

Is there a man or woman among us who has not puzzled on what the government was thinking when it created the indeterminate sentence for public protection (IPP)?

The emphasis on progress in any indeterminate sentence is the completion of rehabilitation programmes.

Lockridge with Attorney Jerry SabbotaLong - challenged in other states and repeatedly addressed at the SCOTUS, the Michigan Supreme Court finally abandoned the state legislature's attempt at a mandatory indeterminate sentencing scheme in favor...

Not exact matches

Handed an indeterminate jail sentence, Mr Walker could not be released from prison without undergoing a parole course which was unavailable in his jail.

Rockland County District Attorney Thomas P. Zugibe announced that Jashaad Gulifield, 30, of 11 Highview Court, Nyack, New York was sentenced to an indeterminate term in state prison of three to six years on his guilty plea to welfare fraud in the third degree, a class «D» felony, three years in state prison on his -LSB-...]

Rockland County District Attorney Thomas P. Zugibe announced that Jashaad Gulifield, 30, of 11 Highview Court, Nyack, New York was sentenced to an indeterminate term in state prison of three to six years on his guilty plea to welfare fraud in the third degree, a class «D» felony, three years in state prison on his guilty plea to criminal sexual assault in the third degree, a class «D» felony and three years in state prison on his guilty plea criminal possession of a controlled substance in the fifth degree, a class «D» felony.

DA»S PRESS RELEASE Rockland County District Attorney Thomas P. Zugibe announced last week that 24 - year - old Matthew Sindone of Nanuet was sentenced to an indeterminate term of four to 12 years in state prison on his guilty plea to one count of aggravated vehicular homicide, a class «B» felony, relating to the deaths of Neil Block -LSB-...]

WHITE PLAINS, NY — Westchester County District Attorney Janet DiFiore announced that Scott Yandrasevich, 51, of 11 Abbey Lane, Danbury, Connecticut, was sentenced today to an indeterminate term of 1 to 3 years in prison on his November 2014

WHITE PLAINS, NY — Westchester County District Attorney Janet DiFiore announced that Scott Yandrasevich, 51, of 11 Abbey Lane, Danbury, Connecticut, was sentenced today to an indeterminate term of 1 to 3 years in prison on his November 2014 guilty plea to one count of Grand Larceny in the Third Degree, a class «D» Felony, and two counts of Falsifying Business Records in the First Degree, class «E» Felonies.

In accepting the plea, Erie County Judge Kenneth F. Case agreed to sentence Kuebler, 27, to no more than an indeterminate 1 to 3 years in state prison.

WHITE PLAINS, NY — Westchester County District Attorney Janet DiFiore announced that Anthony Delmaro (DOB 12/11/71) of 44 River Street, Lindenhurst, New York, was sentenced today to an indeterminate term of 2 t

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

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 nowsentence under the indeterminate regime predating the Sentence Reform Act, this Court would impose the very sentence it imposes nowSentence Reform Act, this Court would impose the very sentence it imposes nowsentence it imposes now.»

Another limit on mercy was the trend from indeterminate or unstructured sentences to structured sentencing guidelines.

Moreover, the Justices uniformly agree that «indeterminate» sentencing schemes, where trial courts have virtually unreviewable leeway to set sentences within a broad range, are constitutional.

Did the sentencing judge here err by sentencing the accused to an indeterminate period of detention?

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.