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.
This creates stress on them during
the period of their custodial sentence, and creates additional stresses on them when they return home.
Not exact matches
Section 743.21 sets out that the
sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the
custodial period of the
sentence, except in accordance with any conditions specified in the order that the
sentencing judge considers necessary.
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.
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 issuing Member State shall deduct all
periods of detention arising from the execution
of a European Arrest Warrant, from the total
period of detention to be served (in the issuing Member State) as a result
of a
custodial sentence or detention order being passed.
(v) If the offender is later 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.