Sentences with phrase «of the custodial sentence imposed»

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.

Not exact matches

«I have never been convicted of any offence punishable by a custodial sentence, whether or not a custodial sentence was actually imposed.

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.

The 2014 case of H - R (Children)[2014] EWCC B80 (Fam)(11 April 2014) illustrates that even when faced with a mother who had repeatedly breached a contact order and then failed to attend court on three occasions in connection with enforcement hearings the court can be reluctant to go as far as imposing a custodial sentence.

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.

Therefore, the instruments dealing with such issues, Framework Decision 2008 / 909 / JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences and Framework Decision 2008 / 675 / JHA on the taking into account of previous convictions in MS of the EU, are not applicable.

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.

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.

Responding to Pinto's claims, Steven Francis, a former manager in the enforcement division of the FSA and now a partner at Reynolds Porter Chamberlain LLP, says that if the FSA takes the view that a court is unlikely to impose a custodial sentence, the appeal of pursuing the criminal route is much diminished.

The trend in sentencing in this type of case appears to be towards a form of super-discount by which, in some cases, custodial sentences have been suspended resulting in an effective 100 per cent discount on the actual prison time imposed.

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

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.

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 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.

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.