Sentences with phrase «sentence of imprisonment»

More and more firearms charges are subject to mandatory minimum sentences of imprisonment.

They work diligently and provide hours of their time without compensation to assist inmates, including inmates convicted of serious crimes serving lengthy sentences of imprisonment.

Sentences of imprisonment for public protection are under - funded and ineffective, says Julian Broadhead

The need for reform of that sentence is urgent, she says, but guidelines requiring the passing of sentences of imprisonment on defendants over 21 of around 30 years before they are even considered for parole, are equally in need of revision.

Citing Julian V. Roberts» 2005 study, Mandatory Sentences of Imprisonment in Common Law Jurisdictions: Some Representative Models, the Court qualified that mandatory minimums could be constitutional if they contained a residual judicial discretion clause to deal with outlying cases, an approach often used in other countries.

Every prisoner under sentence of imprisonment shall be entitled, once in every two weeks to receive a visit from friends or relatives in the presence of a prison officer

From mandatory sentences of imprisonment to asset forfeiture legislation, the ramifications of a criminal conviction have never been more serious.

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.

And the language of a «just sentence» used to include whipping with the «cat - o» - nine tails,» administered not less than ten days before the expiration of the related sentence of imprisonment; but females were not to be whipped (s. 668 of the 1970 Criminal Code; but repealed, S.C. 1972, c. 13, s. 59, thus surely saved from a successful Canadian Charter of Rights and Freedoms s. 15 «sexual equality» attack).

As well, where, as in the case at bar, the court must decide under s. 742.1 whether a conditional sentence of imprisonment is appropriate, it must also, in its analysis, decide whether it is satisfied that for the offender to serve the sentence in the community would not endanger the safety of the community.

Also, in Heinz, [1998] A.J. No. 1505 (ProvCt): At issue was whether an intermittent sentence of imprisonment could be imposed as part of a conditional sentence under the Criminal Code.

He was convicted and given an indeterminate sentence of imprisonment.

This subsection was designed to prevent the authorities from «wait [ing] until the defendant has served his prison sentence for the subsequent offense and then seek revocation of his prior sentence of probation or conditional discharge and reinstate his prior sentence of imprisonment.»

A prisoner under sentence of imprisonment may, in exceptional circumstances, be granted permission by the officer in charge of the prison to receive a visit from friends or relatives in addition to the visit to which he is entitled under subsection (1)

Accordingly, I find that the mandatory minimum sentence of imprisonment for one year required by s. 5 (3)(a)(i)(D) of the CDSA constitutes cruel and unusual punishment.

The relevant provision defines serious criminality as, among other things, being convicted for an offence for which the maximum sentence of imprisonment is 10 years or more, and / or for which the actual sentence imposed is more than six months» imprisonment.

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».

Every prisoner not under sentence of imprisonment shall be allowed all reasonable opportunities daily of receiving visits from friends or relatives

They were pardoned in July 1996 from their sentences of imprisonment both of 18 years, having served some ten months, on the advice of Home Secretary Michael Howard.

In terms of criminal liabilities, while victims will obviously suffer financial and reputational theft and loss or risk of loss (as well as personal distress / harm), perpetrators will be liable for sentences of imprisonment or unlimited fines, together with compensation and confiscation orders.

Only a judge can grant a divorce, confirm an adoption, order the termination of parental rights, sentence a person to death, impose a sentence of imprisonment or cause a change in property rights.

On behalf of the appellants, it was submitted that if a sentence of imprisonment was appropriate, the length of the sentence was excessive and «unnecessarily severe».

'' [t] he judge will... be forced to decide in advance of trial — and without hearing the evidence — whether he will forgo entirely his judicial discretion to impose some sentence of imprisonment and abandon his responsibility to consider the full range of punishments established by the legislature.

The Argersinger rule also tends to impair the proper functioning of the criminal justice system in that trial judges, in advance of hearing any evidence and before knowing anything about the case except the charge, all too often will be compelled to forgo the legislatively granted option to impose a sentence of imprisonment upon conviction.

If you are given a sentence of imprisonment, you should be prepared to begin serving it immediately, although there are some circumstances where you may be ordered to report to the BOP to begin your sentence at a later date.

As sentencing is a matter for the judge in English law, giving the sentence of Imprisonment for Public Protection (IPP) rather than an Extended Sentence for Public Protection (EPP) was lawful, and did not offend against the principle of «lex mitior» as the maximum sentence for the appellant's crime was the same under either IPP or EPP.

While acknowledging Kirk's good prison behaviour, he «nevertheless notes the violent circumstances of the crime for which you were sentenced to life imprisonment» (ie kicking a man to death), and that «it is considered that there would be legitimate public concern that the punitive and deterrent elements of your sentence of imprisonment were being circumvented if you were allowed to father a child by artificial insemination while in prison».

Depending on the mode of election, both prosecutions attract a minimum sentence of imprisonment.

Where an offender meets the criteria of dangerousness, there is no longer any need to protect the public by passing a sentence of life imprisonment, since the public is now protected by the imposition of the sentence of imprisonment for public protection.

And adults in remand (in custody while awaiting trial or sentencing) for the first time outnumbered convicted offenders serving a sentence of imprisonment in provincial or territorial institutions.

Canadian laws are particularly onerous, due not only to our mandatory minimum sentences of imprisonment, but also the extremely broad definition of «child pornography» in the Criminal Code.

There is no constitutional right to a jury trial for criminal contempt charges resulting in a sentence of imprisonment of six months or less.

To give an offender a conditional sentence, the judge first imposes a sentence of imprisonment and then considers whether to let the offender serve the sentence outside of jail.

This sentence of imprisonment also demonstrates the court's willingness to impose punitive measures to convey to employers that compliance with provincial employment standards is meant to be resolved before such a matter reaches the court level.

After having served part of his sentence of imprisonment in Denmark he was handed over to the Bulgarian authorities to serve the remainder of his sentence in Bulgaria.

Extradition is the formal legal process in which a person is transferred from one jurisdiction to another to face criminal proceedings or to serve a sentence of imprisonment.

Indeed, a sentence of imprisonment may work to promote not respect, but derision, of the law if the law is viewed as merely a means to dispense harsh punishment without taking into account the real conduct and circumstances involved in sentencing.

Remarkably, the surcharge was waived in 84 % of cases involving summary conviction offences and 91 % of cases involving indictable offences where the offender received a sentence of imprisonment.

Those who are punished by a sentence of imprisonment for public protection, as provided for by the Criminal Justice Act 2003 (CJA 2003), s 225, will be required to notify the police of certain personal details for an indefinite period.

The imposition of a sentence of imprisonment for public protection was held to be wrong in principle, as the pre-sentence report did not identify factors which led to a conclusion that there was a significant risk of serious harm posed by the defendant.

A person who fails to attend and remain for the duration of the follow - up assessment, without good cause, commits an offence for which they are liable on summary conviction to a sentence of imprisonment (for a term not exceeding three months) or to a fine not exceeding level four on the standard scale, or to both.

Parliament can not have intended a sentence of imprisonment for public protection for offences of a relatively minor nature which would at most result in a short term of imprisonment.