The case represents the more traditional use
of custodial sentences for health and safety related matters as the sentence imposed on the business operator resulted from the intentional breach of a court order.
Accelerated proceedings may lead to resolution through a «sentence bargaining» between the prosecutor and the offender, provided that the injured party does not object, and further provided that the expected punishment does not exceed five
years of custodial sentence.
In Delvigne, a French national contested domestic provisions automatically and permanently stripping him of electoral rights, including the right to vote and stand for elections to the European Parliament, following his conviction for murder and the
imposition of a custodial sentence of 12 years.
The case represents the more traditional
use of custodial sentences for OH&S - related matters as the sentence imposed on the business operator resulted from the intentional breach of a court order.
This is a significant development because it establishes further factors that could, if used, increase the probability
of a custodial sentence in cases involving a fatality or serious injury.
The Chief Inspector's report also notes that by January 2011, over 1,600 foreign national prisoners were detained under immigration powers at the
end of their custodial sentence pending deportation, with the average length of detention increasing from 143 days in February 2010 to 190 days in January 2011.
The system is capable of compiling basic mitigation statements in a range of relatively minor criminal cases — driving, assault, drug, theft, drink / drug driving — where, presumably, the
likelihood of a custodial sentence is low.
I support the use
of custodial sentences because some of the things done which give rise to the offence are very serious invasions of people's privacy.
There is currently no guideline for individual manslaughter offences and no mandatory sentences for manslaughter: the length and possible
suspension of custodial sentences is largely down to the courts discretion.
The Financial Services Authority has increased its focus on prosecutions in recent years, leading to a marked increase in investigations and subsequently, successful prosecutions and
imposition of custodial sentences.
• Dealing with offending behaviour: the aims
of custodial sentencing and the psychological effects of custodial sentencing.
a felony (ie, a crime carrying a threat of punishment of more than three years
of custodial sentence) or misdemeanour (ie, a crime carrying a threat of punishment up to three years of custodial sentence) was committed in the exercise of a company's commercial activities, which were in line with the statutory business purpose of that company; and