Sentences with phrase «of custodial sentences for»

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.

-- Finally, the condition is necessary, since none of the less restrictive alternatives provided by the instruments of mutual recognition (such as the Framework Decision 2002 / 584 / JHA on the European Arrest Warrant (FD EAW) or Framework Decision 2008 / 909 / JHA on the mutual recognition of custodial sentences for their cross-border enforcement) could be «equally effective» in ensuring the aim of preventing impunity.

Not exact matches

As of 1 February, new guidelines * in England and Wales mean food industry professionals face possible custodial sentences for actions deemed to have caused harm or risk of harm to consumers.

In practical terms, Huhne should now be packing his overnight bag, ready for his inevitable custodial sentence since «sentences of imprisonment should not normally be suspended».

Our utter disappointment not only stems from the fact that the accused persons themselves, demonstrated considerable remorse but also there has been an overwhelming outpouring of both condemnation of their conduct and pleas for the court to be lenient in its judgment and avoid custodial sentence.

«We can not dismiss or under - estimate the threat from the far - right and we've seen recently a number of cases where there have been convictions and custodial sentences for far - right wing extremists that would have caused havoc in our communities and what you've got to remember is it's not that the Muslim community condones terrorism.

But the party faithful fear the negative headlines the story has generated, coming as Huhne faces a custodial sentence for perverting the course of justice, could irreparably damage the Lib Dem brand ahead of the next general election.

I found numbers from 2004, so I won't make an answer from them; in that year, 29973 adults were sentenced for failing to surrender to bail, of which 3362 received a custodial sentence (i.e. jail).

«Four out of ten defendants sent to the crown court for sentencing received custodial sentences that could have been handed in the magistrates» court - we need to look at why this is happening and if we need to do more to make the best use of magistrates,» Green said in a speech today.

When the previous government announced it was appealing against the European Court's original ruling in 2005, the Parliamentary Under - Secretary of State at the Department for Constitutional Affairs, Lord Firkin, said: «It has been the view of successive governments, including this government, that persons who have committed crimes serious enough to warrant a custodial sentence should forfeit the right to have a say in how the country is governed while they are detained.»

Youth Conferencing, a Restorative Justice programme in Northern Ireland, demonstrated a combined reoffending rate of 38 % in 2006 — compared to 52 % for community sentences and 71 % for custodial sentences.

The local education authority may decide that parents could be liable for a fixed penalty notice of # 60 if, due to unauthorised absences, their child's attendance falls below 90 % and also that parents may be liable for fast track prosecution (involving further fines or a custodial sentence of up to three months) if, due to unauthorised absences, their child's attendance is consistently below 90 %.

Under s 63 of the Magistrates» Court Act 1980 the court can consider imposing a fine or a custodial sentence for any breach of a contact order that may be proved in committal or family proceedings.

This Bill amends the YCJA to alter the framework governing the imposition of an adult sentence; broaden the circumstances in which a youth custodial sentence may be imposed; revise the objectives of the youth criminal justice system; modify youth sentencing principles; and provide a framework for determining whether a young person should be denied bail.

M had four main grounds for appeal; (i) the sentence did not bear a proper relationship to the maximum sentence of two years available for civil contempt; (ii) it did not take into account there was no violence; (iii) it did not take into account the context of the breaches and; (iv) a short custodial sentence would have marked the court's disapproval appropriately.

In the interim, the case provides welcome clarification on when custodial sentences are appropriate and, in reducing the penalty imposed on New Mex, provides a helpful decision on the sentencing range for smaller employers convicted of offences involving a fatality.

This non-communication order is usually valid at least for the duration of the defendant's custodial sentence.

We have successfully avoided custodial sentences for a number of these charges.

When a Judge makes an order for a ten year custodial sentence, that decade encompasses the entirety of the offender's lifespan to be spent under the supervision of the custodial criminal justice system.

Unless we start sentencing every offender to life imprisonment for every offence, we have to deal with the reality that virtually every single custodial inmate will eventually return to society (most of them in relatively short order).

According to article 271 paragraph 1 of the Swiss Penal Code (PC), «[a] ny person who carries out activities on behalf of a foreign state on Swiss territory without lawful authority, where such activities are the responsibility of a public authority or public official, any person who carries out such activities for a foreign party or organisation, [or] any person who encourages such activities, is liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.»

(17) BTA Bank v. Syrym Shalabayev [2011] EWHC 2908 Contemnor sentenced to two custodial sentences of 18 months and one of 6 months (to run concurrently) for breaches of the disclosure provisions of a freezing order.

Even if a custodial sentence was appropriate in this case, it is a well - established principle of sentencing laid down by this court that a first sentence of imprisonment should be as short as possible and tailored to the individual circumstances of the accused rather than solely for the purpose of general deterrence.

Data protection specialist Peter Carey, editor of the Privacy and Data Protection Journal, says he expects custodial sentences will be reserved for repeat and serious offenders.

Some 16 offenders were sentenced for manslaughter by gross negligence in 2014, incurring custodial sentences ranging from nine months to 12 years, four of which were suspended.

Good news for brands owners: custodial sentences given to owners of stores selling counterfeit goods

The proprietor was also sentenced to five days in jail for providing false information, meaning a total custodial period of 15 days was imposed.

What is notable about the case is that the Workers» Compensation Board sought a significant period of incarceration notwithstanding that custodial sentences for civil contempt are approached with the same reservation as custodial sentences for health and safety offences.

Provides that where a person is charged in respect of conduct that is an offence under the Sexual Offences Act 2003 (SOA 2003) and was an offence under one of the repealed offences listed in sub-s (2), and the only thing preventing the person being found guilty is that it can not be proven beyond reasonable doubt whether the conduct took place before or after the commencement of SOA 2003, then it shall be conclusively presumed for the purposes of determining the guilt of the defendant that the conduct took place at a time when the offence in respect of that conduct carried the lower penalty in terms of a custodial sentence which could be imposed on conviction of the defendant.

The court in this case considered three issues: i) how, under the existing legislation, the court should set a minimum term when imposing a sentence of imprisonment for public protection where it is imposed upon a prisoner who is already subject to and serving an existing custodial term; ii) How the court should approach, as a matter of principle, imposing a sentence of imprisonment upon someone who is already serving a sentence of imprisonment for public protection and whether in the circumstances of a case such as this some adjustment, if it is otherwise permissible, may be made to the term which he is destined to serve before release may be considered; and iii) how in such circumstances, if it is permissible to do either the first or second as a matter of principle, the court should approach the time spent in custody.

He called my attention to the case of Chiang (and Trustee of) v. Chiang, [2009] O.J. 41 where the Court of Appeal observed that custodial sentences for civil contempt are rare, and that ordinarily incarceration is a sanction of last resort.

The request has been made in proceedings between JZ (Requested Person) and the Prosecutor for the District of Lodz - Poland; the request by JZ concerned the deduction from the total period of the custodial sentence imposed on him in Poland, during which he was made subject, by the Member State which executed the European Arrest Warrant, namely in the UK to the electronic monitoring of his place of residence, in conjunction with a curfew.

When they were sentenced, these individuals were eligible for day parole after just one sixth of their custodial sentences were served.

The court didn't change her sentence, but issued groundbreaking orders to judges in Canada that they had to take an Aboriginal offender's past into account not only for sentencing, but to also look for alternatives to custodial sentences to address the critical over-representation of Aboriginal people in custody.

If however judgment before a court is requested or if the FDF is of the view that the requirements for a prison sentence or custodial measure are met, the offence is subject to federal jurisdiction (article 50 (2) FINMASA).

NE - A (Nigeria) was subject to a deportation order following his conviction for aggravated burglary in 2012 for which he received a custodial sentence of 6 years.

If the person or entity targeted by the decision requests judgment before a court or if the FDF is of the view that the requirements for a prison sentence or custodial measure are met, the matter is referred to the OAG who will bring proceedings before the Federal Criminal Court (article 50 (2) FINMASA).

was published at the end of the same year calling for custodial sentences for the worst privacy breaches.

Member states would have to impose custodial sentences of at least five years or financial penalties on offending companies of at least $ 750,000 for particularly serious crimes, such as those that have resulted in death or serious injury.