Sentencing Options. Introduction to Sentencing and Corrections Traditional Objectives of Sentencing

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Sentencing Options. Introduction to Sentencing and Corrections Traditional Objectives of Sentencing"

Transcription

1 Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence (general & specific) Political Perspectives on Sentencing Left Wing focus on rehabilitation focus on eventual reintegration into society supports community based sentences supports parole cognizant of detrimental effects of incarceration supports tailored and individualized sentences cognizant of maintaining some control offenders upon release Sentencing Spectrum focus on segregation Right Wing focus on deterrence (both specific and general) supports incarceration highly focused on safety of the community highly focused on recidivism (reoffence) rates focus on parity (equity of sentences) tends not to support parole may support capital punishment The Purpose of Sentencing (According to Section 718 of the Criminal Code of Canada)...to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: (a) to denounce unlawful conduct; (b) to deter the offender and other persons from committing offences; (c) to separate offenders from society, where necessary; (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or to the community; and (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community. Dividing the Responsibility Under our Constitution, responsibility for corrections is divided between federal and provincial governments. The Correctional Service of Canada is responsible for offenders serving sentences of two years or longer (including life sentences). Provinces are responsible for offenders sentenced to probation and prison terms of less than two years as well as youth corrections. Sentencing Options The National Parole Board makes conditional release decisions for offenders held in federal and territorial institutions and in provincial facilities of seven provinces (Quebec, Ontario, and British Columbia have their own parole boards for offenders in their custody). 1

2 Imprisonment the most serious sentencing option available in Canada. intended as a last resort (when less restrictive alternatives are inappropriate) courts are to consider all other available sanctions first maximum term of incarceration: summary conviction offences à six months. indictable offences à 2 years to life. sentences of less than two years are served in provincial prisons. sentences of two years or more are served in federal penitentiaries. Intermittent Sentence Where the court imposes a sentence of incarceration not more than 90 days, the court may order that sentence be served intermittently (i.e. on weekends). A probation order must accompany an intermittent sentence and is usually applicable only at such times the probationer is not confined. If the intermittent sentence is to be followed by a further probation, a second probation order is often made. Fines The most frequently used sentencing option in Canada; 45% of convicted adult offenders in Canada are fined (Canadian Centre for Justice Statistics, 1997, May). Any person convicted of an offence, except an offence punishable by a minimum term of imprisonment, may receive a fine in addition to, or in lieu of, any other sanction imposed. A court may fine an offender only if the court is satisfied that the offender is able to pay the fine or work it off in a fine option program. The maximum fine for summary conviction offences used to be $2,000.00, but changed to $5, in For more serious offences (indictable offences), there is no limit to the amount of the fine. An order will be made that: Fines Continued clearly sets out the amount of the fine, the way the fine is to be paid and the time(s) by which the fine, or portion of the fine, must be paid. A copy of the order will be given to the offender. A number of options are available to assist in the collection of fines: fed. and prov. governments can refuse to issue or renew permits or licenses until the fine is paid. fines can be enforced through the civil courts. What if the Fine Isn t Paid? If an offender, without reasonable excuse, refuses to pay or work off a fine, the offender will serve a term of imprisonment. The term of imprisonment is calculated as follows: the unpaid amount of the fine + the costs and charges of committing and conveying the defaulter to prison 8 hours per day X provincial minimum hourly wage The term of imprisonment served for not paying the fine cannot exceed what the court could have imposed at the time of sentencing for the original offence. Any payments of part of the fine, or work done in a fine option program, will result in a proportionate reduction of the prison term. s. 737 Criminal Code Victim Surcharge The court will also normally impose a victim fine surcharge. a victim fine surcharge is an additional payment of: up to 30% extra on top of a fine, or, in cases not involving fines: up to $ for a summary conviction up to $ for an indictable conviction This money goes into a special victims' fund to pay for programs for all victims of crime. 2

3 Community Service A fine option program is a program which allows offenders to work off their fines. A fine option program typically involves community service. Work is done in the community and credits are earned at a specified amount per hour. These credits go toward paying off the fine. The work may include snow shovelling, cleaning up the park or delivering meals to the elderly. Maximum number of working hours is 240. Maximum time span of community service order is 18 months. Restitution a payment made by an offender directly to the victim to cover expenses resulting from the crime, such as property loss or damage or personal injury available to victims of crime who have suffered property loss or damage or personal injury also available to persons acting in good faith who unknowingly become victims of criminal activity, ie. unknowingly purchasing stolen property, or loaning the offender money on the security of stolen property, which is later confiscated by police and returned to the lawful owner The amount of restitution is equal to the replacement value of the property. When someone is injured, the restitution may cover medical bills and lost income. Restitution for pain and suffering is not available through the criminal courts. Victims seeking compensation for pain and suffering must make their claims in civil court. Victims can make an application to the court for restitution. Restitution orders can be enforced by the civil courts. Considerations Aggravating factors (tending to increase sentence): actual or threatened violence previous convictions cruelty towards victim particularly vulnerable victim (very old, young, disabled, etc.) impediment of victim s access to justice multiple victims or multiple incidents substantial economic loss to victim Considerations Mitigating factors (tending to reduce sentence): absence of previous convictions offender is physically or mentally impaired offender is quite young or elderly offender acted under duress victim provoked the offender restitution was made to the victim by the offender offender played minor role in the offence breach of trust (victim had placed trust in the perpetrator) planned or organized criminal activity Suspended Sentences, Conditional Sentences, Discharges, and Probation Conditional Discharge This occurs when an offender is found guilty of an offence, but the judge decides to not enter a conviction against the offender. Rather, the offender is discharged on the conditions prescribed in a probation order. If an offender is convicted of a subsequent offence during the term of probation, the court may decide to revoke the probation order and impose any sentence that could have been imposed at the time the order was made. 3

4 Absolute Discharge This occurs when an offender is found guilty of an offence, but the judge decides to not enter a conviction against the offender. Rather, the offender is discharged with no conditions at all! A discharge can only be applied to cases where: no minimum sentence stipulated under the CC.; the maximum penalty is not greater than 14 years; the accused is not perceived as a danger to society. Usually applied to cases where: the accused has suffered greatly from publicity and trial; the accused may have already served time. Clarifying the Difference Between a Conditional Discharge and a Conditional Sentence, by Judge Joe Kenkel When an accused pleads guilty or is found guilty at the end of a trial, the court enters a finding of guilt. However, Section 730 of the Criminal Code says that, for certain offences, the court may decline to register a conviction and instead discharge the accused, either absolutely or conditionally on probation terms. The significance of not registering a conviction relates to a criminal record. If a conviction is registered, then that becomes part of a criminal record. If you receive a discharge, technically that is not a criminal conviction and while a record is kept of it for 3 years (conditional) or 1 year (absolute), after that it s automatically removed from the system and you don t have to apply for a pardon. Example: For an Assault, a court may grant the accused a conditional discharge and place the accused on probation for one year with an order to do 40 hours of community service. On the same facts, the court could also register a conviction, suspend the passing of sentence (i.e. a conditional sentence) and place the accused on probation for one year with the same 40 hours CSO. The sentences would look similar, but the Suspended Sentence would involve a permanent criminal record, whereas the Conditional Discharge would not. Some Points to Ponder, by Judge Joe Kenkel Under the YCJA young persons can now receive discharges. They couldn t under the prior YOA but it didn t really matter as Youth Court records were sealed at 18 anyway. Not clear why they made that change. The USA doesn t recognize conditional discharges and sometimes absolute discharges so if you say you don t have a record at the border and you have a conditional discharge, while the answer is technically correct here you may be refused entry to the USA or worse for not telling them about what they view as a criminal record (if you cross a border while the discharge is still on the system) Hypothetically If a student is about to go to the US on an NCAA scholarship and they commit a serious offence that normally would not receive a discharge, should they get one anyway to permit them to pursue that opportunity? Would you make them do something before being sentenced to earn that unusual sentence? Would that be giving elite athletes, business travelers and others breaks that the average person doesn t get? If yes, then is that fair? Suspended Sentence Note: S. 737(1)(a), regarding Suspended Sentences was in force up to September 3, This section has been replaced by S. 741 regarding Conditional Sentences. Conditional Sentence On September 3, 1996, Bill C-41 was proclaimed in force, providing for the conditional sentence, a new sentence of imprisonment, now included in Part XXIII of the Criminal Code of Canada. This legislative innovation was intended by Parliament to reduce the rate of incarceration in provincial institutions while promoting principles of restorative justice. It is thought that the conditional sentence scheme was adopted in order to introduce an element of flexibility; stated otherwise, the time-honoured scheme was unduly rigid. 4

5 Conditional Sentence Conditional Sentence Outlined under Section of the Criminal Code, the conditional sentence provides courts an alternative to incarceration. Conditional sentences allow custody-bound offenders to serve their prison terms in the community under strict conditions. To be eligible for a conditional sentence: Section of the Criminal Code of Canada Where a person is convicted of an offence, except an offence that is punishable by a minimum term of imprisonment, and the court (a) imposes a sentence of imprisonment that is less than two years, and no minimum sentence prescribed by the Crim. Code for the offence; the judge decides that the sentence should be less than two years; offender is not perceived as a danger to the public; and the judge is convinced that a conditional sentence is consistent with the purposes and principles of sentencing set out in the Criminal Code. An offender who breaches any mandatory or optional conditions attached to the sentence order may be required to finish serving the term in a correctional facility. (b) is satisfied that serving the sentence in the community would not endanger the safety of the community and would be consistent with the purposes and principles of sentencing set out in sections 718 to The court may, for the purposes of supervising the offender's behaviour in the community, order that the offender serve the sentence in the community, subject to the offender's complying with the conditions of a conditional sentence order made under section Meant to reduce the incarceration rate of adults in Canadian prisons, a rate that is one of the highest in the western world. Adult Probation Animal killer Kayla Bourque released to live in Vancouver Adult probation is a court disposition that authorizes the offender to remain at large in the community subject to conditions prescribed in a probation order. In Ontario, Probation Officers in 127 offices provide supervision to approximately 53,000 adult probationers on any given day. When Probation Can Be Used: Probation can be ordered, for a period of up to three years, by way of a conditional discharge or conditional sentence, or it may be included with any one of the following dispositions: fine; imprisonment for a term not exceeding two years; Video Link: intermittent sentence; and Revocation of the Probation Order: When is it mandatory? Offenders with a conditional discharge, conditional (aka suspended) sentence, or intermittent sentence must be placed on probation. The Probation Order: When a person on probation with a conditional (suspended) sentence or a conditional discharge has been charged and convicted of a subsequent offence during the term of the order, the Crown Attorney may apply to the judge to have the probation order revoked. The court may then: cannot remain in force for more than three years; cannot be made to run consecutive to another order (although orders do run concurrently where the offender is bound by a number of different orders at the same time); and end only on the expiry date unless the court revokes or terminates the order early. The court can also, at any time, decrease the term of probation. for a conditional sentence: impose any sentence that may have been imposed had the passing of sentence not been suspended; or for a conditional discharge: revoke the discharge, convict the probationer on the original charge, and impose any sentence that could have been imposed had the discharge not been granted initially. 5

6 Enforcement of the Probation Order: Failure to comply with probation without a reasonable excuse is a hybrid offence (Breach of Probation) summary conviction: max. penalty 18 months in jail and/or a fine not exceeding $2, indictable conviction: max. penalty not exceeding 2 years in jail. Revocation is NOT Double Jeopardy! A conditional (aka suspended ) sentence is not considered a final sentence, since an accused who is convicted of breaching the conditions of a probation order may, in addition to being sentenced for the offence of breach of probation, also have the conditional (suspended) sentence revoked. Once a conditional sentence is revoked, the court which originally sentenced the accused may re-sentence the accused. This has been held not to be a case of double jeopardy because a suspended sentence is not a final order. Kayla Bourque, animal killer, arrested for breach of probation Bourque was arrested over an alleged offence committed between March 10-16, Link: Conditional Sentencing: A Focus on the Conditions Mandatory Conditions - The offender must: keep the peace and be of good behaviour; go to court when required; report to a criminal justice system supervisor regularly; stay in the area under the court's authority and get written permission to travel outside this area; and tell the court or criminal justice system supervisor before moving or when changing jobs. Optional Conditions They offender may be required to: pay the victim restitution; make other reparations to the victim or to the community; participate in a treatment program (ie. alcohol, drug, anger management); provide support for any dependents (such as a child or spouse); do up to 240 hours of community service work; or respect a curfew (stay at home except for work or approved activities). The offender may be prohibited from: using alcohol or drugs, and possessing a gun, rifle or other weapon. Restorative Justice Restorative justice invites the victims of crime and the community to participate in a process of dealing with offenders and repairing the harm caused by the offender. Retribution and punishment, key elements of traditional criminal justice processing, play less of a role. Restorative justice programs have spread throughout North America, Europe and elsewhere around the globe. One such program is the Restorative Resolutions (RR) program that operates in Winnipeg. Parole Method: Offenders for whom the Crown was seeking sentences of at least six months were referred to RR. Upon further screening, a community-based plan was developed with input from the victim(s) and submitted to the Court. If endorsed by the Court, RR staff implemented the plan and supervised the offender in the community. Restorative justice influenced paras e & f of Section 718 CC. 6

7 SERVING A FEDERAL SENTENCE ELIGIBILITY FOR UNESCORTED TEMPORARY ABSENCE (1/6th of sentence or three years, which ever is shorter; CSC or NPB decision) ACCELERATED ELIGIBILITY FOR DAY PAROLE Under the Accelerated Review Process for low-risk offenders. (1/6th of sentence; NPB decision) SENTENCE BEGINS THE COMMUNITY ELIGIBILITY FOR DAY PAROLE (six months prior to 1/3rd of sentence; NPB decision) END OF SENTENCE (full release once entire sentence has been served) STATUTORY RELEASE (2/3rd of sentence; detention possible for some offenders) ELIGIBILITY FOR FULL PAROLE (1/3rd of sentence; or 7 years, whichever is less. NPB decision) Temporary Absences Temporary Absences may be granted to offenders for medical, administrative, community service, family contact, and personal development reasons (relating to rehabilitation) where it is considered that the inmate will not present an undue risk to society. An escorted temporary absence (ETA) may be granted at any time during the sentence while an unescorted temporary absence (UTA) may be granted after an offender has served one-sixth of the sentence or six months, whichever is greater. Temporary Absences are authorized by either the Warden of the penitentiary or by the National Parole Board (NPB), depending on factors such as the type of release, the offender s sentence and security classification. Offenders classified as maximum security do not qualify for UTAs. The success rate for ETAs and UTAs is over 99 per cent. This means that offenders do not commit a new offence nor do they break any of the conditions attached to their release. Work Release Work release allows an offender, classified as minimum or medium security and who is judged not to pose an undue risk, to do paid or voluntary work in the community under supervision. Besides offering practical experience to the offender and assistance to the community, work releases contribute to public safety, because they assist an offender s reintegration into society and reduce the chances of reoffending. Day Parole Day parole allows an offender to participate in community-based activities to prepare for release on full parole or statutory release. Generally, offenders become eligible to be considered for day parole six months before their full parole eligibility date. A new Day Parole program was introduced in Bill C-55 and came into force on July 3, This "Accelerated Parole Review" applies only to first time, non-violent, federal offenders. These offenders are reviewed for Day Parole after having served 1/6 th of their sentence. Those imprisoned for either first or second-degree murder become eligible for day parole three years before they are eligible for full parole. The offender is usually required to return to an institution or a halfway house each night. About 85 per cent of day parolees are successful. Full Parole Inmates are normally eligible to be considered for full parole by the NPB after serving one-third of the sentence, or seven years, whichever is less. Under the CCRA, judges have, at the time of sentencing, the option of lengthening the time that violent and serious drug offenders spend in prison by delaying eligibility for full parole until they have completed one-half of their sentence. Offenders sentenced to life for first degree murder or high treason are not eligible to be considered for parole until they have served 25 years. Those sentenced to life for second degree murder may apply for parole after serving between 10 and 25 years, as determined by the Court. However, anyone convicted of murder who must serve more than 15 years before full parole eligibility, may apply after serving 15 years for a judicial review by a Superior Court judge and a jury who may reduce parole eligibility dates. Offenders who are serving life sentences and who are granted parole remain on parole for the rest of their lives. On average, approximately 80 per cent of those released on full parole are successful. Statutory Release By law, most offenders who are serving sentences of fixed length, and who have not been granted parole or had their parole revoked, must be released on statutory release after serving two-thirds of their sentence. Although statutory release decisions are not made by the NPB, the Board may add conditions to the release to protect society and assist the offender to adjust to the outside world in a law-abiding fashion. Failure to comply with these conditions can result in a suspension by the Correctional Service of Canada (CSC) and revocation of the release by the NPB. The offender would then be returned to a correctional facility. If the NPB believes that the offender is likely to cause serious harm or commit a serious drug offence before the expiration of the sentence the Board may, upon referral from CSC: grant the offender "onechance" statutory release; order the offender to live under strict residential conditions; or order the offender to be detained in penitentiary until the end of the sentence. Statutory release does not apply to offenders serving life or indeterminate sentences. 7

8 In Summary Spectrum of Correction Options (In order of proximity to incarceration) Crim. charge Trial; accused found guilty Discharge; (conditional or unconditional) Accused released with no conviction. Probation; (always conditional) Accused convicted, but released. Incarceration; convicted serves time within a correctional facility. Parole (released on conditions) Day Full Statutory (1/6 to (1/3 or (2/3) 1/3) 7years) Free! 8

Introduction to Sentencing and Corrections

Introduction to Sentencing and Corrections Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence. Political Perspectives on Sentencing Left Left Wing Wing focus

More information

Section 810. This booklet explains the 810 process, what your rights are and how to get legal help.

Section 810. This booklet explains the 810 process, what your rights are and how to get legal help. INFORMATION FOR FEDERAL PRISONERS IN BRITISH COLUMBIA Section 810 The Criminal Code of Canada allows a judge or justice of the peace to require you to enter into a recognizance (like a peace bond) if there

More information

The Criminal Justice System: From Charges to Sentencing

The Criminal Justice System: From Charges to Sentencing The Criminal Justice System: From Charges to Sentencing The Key Principles The aim the system is to protect and to regulate society, to punish offenders and to offer rehabilitation; The Government, through

More information

Parole Board of Canada: Contributing to Public Safety

Parole Board of Canada: Contributing to Public Safety Parole Board of Canada: Contributing to Public Safety Produced and published by: For additional copies of this publication, contact: Communications Division 410 Laurier Avenue West Ottawa, ON K1A 0R1 Electronic

More information

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 By: Representative DeLano To: Corrections HOUSE BILL NO. 35 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE

More information

MANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE?

MANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE? MANDATORY MINIMUM SENTENCES: HANDCUFFING THE PRISONER OR THE JUDGE?.THE CANADIAN EXPERIENCE SO FAR American Judges Association, Annual Educational Conference October 7, 2014 Las Vegas, Nevada Judge Catherine

More information

SENTENCING OF YOUNG OFFENDERS IN CANADA, 1998/99

SENTENCING OF YOUNG OFFENDERS IN CANADA, 1998/99 Statistics Canada Catalogue no. 85-002-XIE Vol. 20 no. 7 SENTENCING OF YOUNG OFFENDERS IN CANADA, 1998/99 by Trevor Sanders HIGHLIGHTS A relatively small number of offences represented a large proportion

More information

Day Parole: Effects of Corrections and Conditional Release Act (1992) Brian A. Grant. Research Branch Correctional Service of Canada

Day Parole: Effects of Corrections and Conditional Release Act (1992) Brian A. Grant. Research Branch Correctional Service of Canada Day Parole: Effects of Corrections and Conditional Release Act (1992) Brian A. Grant Research Branch Correctional Service of Canada in co-operation with the National Parole Board This report is part of

More information

The Canadian Victims Bill of Rights Information for Victim Services

The Canadian Victims Bill of Rights Information for Victim Services The Canadian Victims Bill of Rights Information for Victim Services Bill C-32: An Act to Enact the Canadian Victims Bill of Rights and to Amend Certain Acts came into force July 23, 2015 with the exception

More information

Several years ago, Canada s Parliament identified two concerns with our justice system as it applies to sentencing:

Several years ago, Canada s Parliament identified two concerns with our justice system as it applies to sentencing: The Conditional Sentence Option Chief Justice Michael MacDonald Chief Justice of Nova Scotia May 2003, Updated August 2013 As a result of an amendment made to the Criminal Code in 1996, judges are now

More information

Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90

Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 No 90 New South Wales Crimes (Sentencing Procedure) Amendment (Standard Minimum Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 and other Acts 2 Schedules

More information

Correctional Service Canada. Service correctionnel Canada

Correctional Service Canada. Service correctionnel Canada Correctional Service Canada Service correctionnel Canada BASIC FACTS ABOUT FEDERAL CORRECTIONS 2001 EDITION CANADIAN CATALOGUING IN PUBLICATION DATA MAIN ENTRY UNDER TITLE: Basic facts about federal corrections

More information

Conditional Sentences in Manitoba: A Prisoner in Your Own Home

Conditional Sentences in Manitoba: A Prisoner in Your Own Home Conditional Sentences in Manitoba: A Prisoner in Your Own Home JEFFREY J. GINDIN * I. INTRODUCTION P rior to September of 1996, when a judge sentenced an accused to a jail sentence, he or she was immediately

More information

The Family Court Process for Children Charged with Criminal and Status Offenses

The Family Court Process for Children Charged with Criminal and Status Offenses The Family Court Process for Children Charged with Criminal and Status Offenses A Brief Overview of South Carolina s Juvenile Delinquency Proceedings 2017 CHILDREN S LAW CENTER UNIVERSITY OF SOUTH CAROLINA

More information

MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING

MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING 1. Determine the offense class 2. Determine the offender s prior conviction level 3. Select a sentence length 4. Select

More information

1990 CHAPTER S HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

1990 CHAPTER S HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows: 1990 CHAPTER S-63.1 An Act respecting Summary Offences Procedure and Certain consequential amendments resulting from the enactment of this Act (Assented to June 22, 1990) HER MAJESTY, by and with the advice

More information

NC General Statutes - Chapter 15A Article 81B 1

NC General Statutes - Chapter 15A Article 81B 1 Article 81B. Structured Sentencing of Persons Convicted of Crimes. Part 1. General Provisions. 15A-1340.10. Applicability of structured sentencing. This Article applies to criminal offenses in North Carolina,

More information

HOUSE BILL 86 (EFFECTIVE SEPTEMBER 30, 2011): PROVISIONS DIRECTLY IMPACTING

HOUSE BILL 86 (EFFECTIVE SEPTEMBER 30, 2011): PROVISIONS DIRECTLY IMPACTING HOUSE BILL 86 (EFFECTIVE SEPTEMBER 30, 2011): PROVISIONS DIRECTLY IMPACTING THE DEPARTMENT OF REHABILITATION AND CORRECTION * * This summary identifies provisions in House Bill 86 that will require the

More information

Effective October 1, 2015

Effective October 1, 2015 Modification to the Sentencing Standards. Adopted by the Alabama Sentencing Commission January 9, 2015. Effective October 1, 2015 A 3 Appendix A A 4 I. GENERAL INSTRUCTIONS - Introduction The Sentencing

More information

An Act respecting the Québec correctional system

An Act respecting the Québec correctional system SECOND SESSION THIRTY-SIXTH LEGISLATURE Bill 89 (2002, chapter 24) An Act respecting the Québec correctional system Introduced 7 May 2002 Passage in principle 21 May 2002 Passage 11 June 2002 Assented

More information

Sentencing Chronic Offenders

Sentencing Chronic Offenders 2 Sentencing Chronic Offenders SUMMARY Generally, the sanctions received by a convicted felon increase with the severity of the crime committed and the offender s criminal history. But because Minnesota

More information

5B1.1 GUIDELINES MANUAL November 1, 2015

5B1.1 GUIDELINES MANUAL November 1, 2015 5B1.1 GUIDELINES MANUAL November 1, 2015 PART B - PROBATION Introductory Commentary The Comprehensive Crime Control Act of 1984 makes probation a sentence in and of itself. 18 U.S.C. 3561. Probation may

More information

REVISOR XX/BR

REVISOR XX/BR 1.1 A bill for an act 1.2 relating to public safety; eliminating stays of adjudication and stays of imposition 1.3 in criminal sexual conduct cases; requiring sex offenders to serve lifetime 1.4 conditional

More information

Sexual Assault in Nova Scotia:

Sexual Assault in Nova Scotia: Sexual Assault in Nova Scotia: A Statistical Profile May 2009 Nova Scotia Advisory Council on the Status of Women PO Box 745, Halifax, NS B3J 2T3 Phone: 424-8662, toll free 1-800-565-8662 Fax: 902-424-0573

More information

Youth Court Statistics, 2003/04

Youth Court Statistics, 2003/04 Statistics Canada Catalogue no. 85-002-XPE, Vol. 25, no. 4 Youth Court Statistics, 2003/04 by Jennifer Thomas 1 Highlights In 2003/04, youth courts in Canada processed 70,465 cases, involving 191,302 charges.

More information

CRIMINAL OFFENCES. Chapter 9

CRIMINAL OFFENCES. Chapter 9 CRIMINAL OFFENCES Chapter 9 LEVELS OF OFFENCES In the Canadian legal system we have three levels of criminal offences. Summary Conviction Offences Indictable Offences Hybrid Offences LEVELS OF OFFENCES:

More information

AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING THE PENALTY FOR HOMICIDE BY

AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING THE PENALTY FOR HOMICIDE BY AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING THE PENALTY FOR HOMICIDE BY VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING PENALTIES

More information

In the Youth Courtroom

In the Youth Courtroom In the Youth Courtroom What to expect if your son/daughter with a learning disability has to go to court Serena Brady & Glynis Murphy Other booklets in the series: SAFER-IDD info At the Police Station

More information

Penalties and Sentences Act 1985

Penalties and Sentences Act 1985 Penalties and Sentences Act 1985 No. 10260 TABLE OF PROVISIONS Section 1. Purposes. 2. Commencement. 3. Definitions. PART 1 PRELIMINARY PART 2 GENERAL SENTENCING PROVISIONS 4. Court may take guilty plea

More information

Senate Bill No. 361 Senators Cannizzaro, Segerblom, Manendo, Ratti, Farley; Atkinson, Cancela, Denis, Ford, Parks, Spearman and Woodhouse

Senate Bill No. 361 Senators Cannizzaro, Segerblom, Manendo, Ratti, Farley; Atkinson, Cancela, Denis, Ford, Parks, Spearman and Woodhouse Senate Bill No. 361 Senators Cannizzaro, Segerblom, Manendo, Ratti, Farley; Atkinson, Cancela, Denis, Ford, Parks, Spearman and Woodhouse CHAPTER... AN ACT relating to domestic violence; providing under

More information

Parole Release and. Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016

Parole Release and. Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016 Parole Release and Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016 Parole Release and Revocation Project Purpose and Goals Emerging National

More information

Annex C: Draft guideline

Annex C: Draft guideline Bladed Articles and Offensive Weapons Guideline Consultation 43 Annex C: Draft guideline POSSESSION Bladed Articles and Offensive Weapons Possession Possession of an offensive weapon in a public place

More information

Lewisham Youth Offending Service

Lewisham Youth Offending Service Lewisham Youth Offending Service A brief guide to the Youth Justice System (YJS) and the Youth Offending Service (YOS) In dealing with any offence committed by a young person under the age of 18, the police

More information

Information Guide to Assist Victims

Information Guide to Assist Victims BUILDING A SAFE AND RESILIENT CANADA Information Guide to Assist Victims FEDERAL CORRECTIONS AND CONDITIONAL RELEASE 9 th EDITION National Office for Victims 1-866-525-0554 publicsafety.gc.ca/nov Her Majesty

More information

PENAL CODE GENERAL PART. Chapter One FUNDAMENTAL PROVISIONS. No Criminal Offence and Sentence without the Statute. Article 1

PENAL CODE GENERAL PART. Chapter One FUNDAMENTAL PROVISIONS. No Criminal Offence and Sentence without the Statute. Article 1 Disclaimer: The English language translation of the text of the Penal Code (of the Republic of Slovenia) below is provided for information only and confers no rights nor imposes any obligations on anyone.

More information

(a) Describe the custodial and community sentences available for adult offenders convicted in both the Magistrates' Court and the Crown Court.

(a) Describe the custodial and community sentences available for adult offenders convicted in both the Magistrates' Court and the Crown Court. Sentencing Adult Sentencing. By the end of this unit you will be able to (AO1): Understand the different kinds of custodial sentences available for adults Explain the other sentences which an adult offender

More information

CHAPTER 11:08 PAROLE ACT ARRANGEMENT OF SECTIONS

CHAPTER 11:08 PAROLE ACT ARRANGEMENT OF SECTIONS Parole 3 CHAPTER 11:08 PAROLE ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Establishment of Parole Board. 4. Functions of Board. 5. Release on licence of persons serving determinate

More information

Minimum Standards for Local Detention Facilities in South Carolina HOME DETENTION STANDARDS HOME DETENTION

Minimum Standards for Local Detention Facilities in South Carolina HOME DETENTION STANDARDS HOME DETENTION Minimum Standards for Local Detention Facilities in South Carolina HOME DETENTION STANDARDS HOME DETENTION Pursuant to 24-13-1530 of the Code of Laws of South Carolina, minimum standards for the development

More information

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, Recommendation CM/Rec(2010)1 of the Committee of Ministers to member states on the Council of Europe Probation Rules (Adopted by the Committee of Ministers on 20 January 2010 at the 1075th meeting of the

More information

2. After appeal and upon remand whether appeal was F.C (a) under Ch. 56 or under Article 44.47, CCP.

2. After appeal and upon remand whether appeal was F.C (a) under Ch. 56 or under Article 44.47, CCP. AGE LIMITS IN THE JUVENILE JUSTICE SYSTEM I. IN THE JUVENILE SYSTEM AGE IS JURISDICTIONAL A. Age at time of offense; child ; F.C. 51.02 (2)(A) preliminary investigation upon referral F.C. 53.01 (a)(1)

More information

NEW YORK. New York Correction Law Article Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law

NEW YORK. New York Correction Law Article Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law NEW YORK New York Correction Law Article 23 -- Discretionary Relief From Forfeitures and Disabilities Automatically Imposed By Law Section 700. Definitions and rules of construction. 701. Certificate of

More information

Breach Offences Guideline Consultation 61. Annex C: ANNEX C. Draft guidelines. Breach of a Community Order Criminal Justice Act 2003 (Schedule 8)

Breach Offences Guideline Consultation 61. Annex C: ANNEX C. Draft guidelines. Breach of a Community Order Criminal Justice Act 2003 (Schedule 8) Breach Offences Guideline Consultation 61 Annex C: Draft guidelines Breach of a Community Order Criminal Justice Act 2003 (Schedule 8) 62 Breach Offences Guideline Consultation Breach of Community Order

More information

Sentencing in Colorado

Sentencing in Colorado Sentencing in Colorado The Use of Alternatives to Prison and Jail Incarceration Henry Sontheimer Dept. of Justice Services Sentencing Law and Practices Colorado s sentencing structure Felony: an offense

More information

LEGAL RIGHTS CRIME VICTIMS IN OREGON FOR. Hardy Myers Attorney General Department of Justice. State of Oregon

LEGAL RIGHTS CRIME VICTIMS IN OREGON FOR. Hardy Myers Attorney General Department of Justice. State of Oregon LEGAL RIGHTS FOR CRIME VICTIMS IN OREGON Hardy Myers Attorney General Department of Justice State of Oregon Message from the Attorney General Oregon law gives crime victims, and in some cases their families,

More information

The Saeima 1 has adopted and the President has proclaimed the following Law:

The Saeima 1 has adopted and the President has proclaimed the following Law: Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of: 18 May 2000 [shall come into force from 15 June 2000]; 1 June 2000 [shall come into force from 28 June 2000]; 20

More information

Record Suspension Guide

Record Suspension Guide Parole Board of Canada Commission des libérations conditionnelles du Canada Parole Board of Canada Record Suspension Guide Step-by-Step Instructions and Application Forms March 2012 Need Assistance? Contact

More information

Mental Illness, Criminal OfFences, & Deportation Tips for front-line workers

Mental Illness, Criminal OfFences, & Deportation Tips for front-line workers Mental Illness, Criminal OfFences, & Deportation Tips for front-line workers Mental Illness, Criminal OfFences, & Deportation Tips for front-line workers This publication is for front-line workers and

More information

TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS

TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS STEP 1: TEXAS BOARD OF PARDONS AND PAROLES FULL PARDON APPLICATION INSTRUCTIONS BEFORE YOU BEGIN, you must have the following documents to complete the application. 1. Offense reports for all arrests,

More information

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Senator RAYMOND J. LESNIAK District 0 (Union) SYNOPSIS Transfers Division of Release employees to

More information

Supervised Release (Parole): An Abbreviated Outline of Federal Law

Supervised Release (Parole): An Abbreviated Outline of Federal Law Supervised Release (Parole): An Abbreviated Outline of Federal Law Charles Doyle Senior Specialist in American Public Law March 5, 2015 Congressional Research Service 7-5700 www.crs.gov RS21364 Summary

More information

CALIFORNIA PENAL CODE SECTION & 3003(g)[restrictions] W&I [restrictions]

CALIFORNIA PENAL CODE SECTION & 3003(g)[restrictions] W&I [restrictions] CALIFORNIA PENAL CODE SECTION 290-294 & 3003(g)[restrictions] W&I 6608.5 [restrictions] Chapter 5.5. Sex Offenders Pt. 1, Tit. 9, Ch. 5.5 Note 290. Sex Offender Registration Act; Persons required to register

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW YOU VE been CHARGED with a CRIME What YOU NEED to KNOW 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation or

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW HOUSE BILL 642

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW HOUSE BILL 642 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-192 HOUSE BILL 642 AN ACT TO IMPLEMENT CERTAIN RECOMMENDATIONS OF THE JUSTICE REINVESTMENT PROJECT AND TO PROVIDE THAT THE ACT SHALL BE

More information

PART H - SPECIFIC OFFENDER CHARACTERISTICS. Introductory Commentary

PART H - SPECIFIC OFFENDER CHARACTERISTICS. Introductory Commentary 5H1.1 PART H - SPECIFIC OFFENDER CHARACTERISTICS Introductory Commentary The following policy statements address the relevance of certain offender characteristics to the determination of whether a sentence

More information

Youth Criminal Justice Act Young offenders and the criminal justice system

Youth Criminal Justice Act Young offenders and the criminal justice system Youth Criminal Justice Act Young offenders and the criminal justice system In this brochure, masculine personal pronouns are used in order to lighten the text. They are to be read as designating both males

More information

Certificates of Rehabilitation in Fresno County Filing Instructions

Certificates of Rehabilitation in Fresno County Filing Instructions Certificates of Rehabilitation in Fresno County Filing Instructions 1. You must be a resident of Fresno County to file a certificate of rehabilitation in Fresno County. However, the offense may have occurred

More information

REHABILITATION OF OFFENDERS BILL, 2017 EXPLANATORY NOTES

REHABILITATION OF OFFENDERS BILL, 2017 EXPLANATORY NOTES REHABILITATION OF OFFENDERS BILL, 2017 EXPLANATORY NOTES The Rehabilitation of Offenders Bill, 2017 seeks to redress certain impediments which are experienced by many offenders, especially those who committed

More information

In the Courtroom What to expect if your son/daughter with a learning disability has to go to court

In the Courtroom What to expect if your son/daughter with a learning disability has to go to court In the Courtroom What to expect if your son/daughter with a learning disability has to go to court Serena Brady & Glynis Murphy Other booklets in the series: SAFER-IDD info At the Police Station Information

More information

Yukon Corrections: Adult Custody Policy Manual. B 4.1 Inmate Disciplinary Process Approved by: Revised: February 9, 2018

Yukon Corrections: Adult Custody Policy Manual. B 4.1 Inmate Disciplinary Process Approved by: Revised: February 9, 2018 STATEMENT OF POLICY This policy sets out the philosophy, options and process for the discipline of inmates, including informal methods of correcting behaviour and formal hearings and disposition of institutional

More information

Age Limits in the Juvenile Justice System, Criminal Violations, Delinquent Conduct and Conduct Indicating a Need for Supervision

Age Limits in the Juvenile Justice System, Criminal Violations, Delinquent Conduct and Conduct Indicating a Need for Supervision NUTS AND BOLTS OF JUVENILE LAW Sponsored by the Texas Juvenile Probation Commission and Juvenile Law Section of the State Bar of Texas August 22 23, 2005 Rennaisance Hotel, Austin, Texas Criminal Violations,

More information

Jurisdiction Profile: Massachusetts

Jurisdiction Profile: Massachusetts 1. THE SENTENCING COMMISSION Q. What year was the commission established? Has the commission essentially retained its original form or has it changed substantially or been abolished? The Massachusetts

More information

ENHANCEMENT OF COMMUNITY-BASED ALTERNATIVES TO INCARCERATION AT THE SENTENCING STAGE OF THE CRIMINAL JUSTICE PROCESS

ENHANCEMENT OF COMMUNITY-BASED ALTERNATIVES TO INCARCERATION AT THE SENTENCING STAGE OF THE CRIMINAL JUSTICE PROCESS GROUP 2 ENHANCEMENT OF COMMUNITY-BASED ALTERNATIVES TO INCARCERATION AT THE SENTENCING STAGE OF THE CRIMINAL JUSTICE PROCESS Chairperson Mr. Koichi Nozawa (Japan) Co-Chairperson Mr. Baljit Singh Sandhu

More information

LOWERING CRIMINAL RECORD BARRIERS

LOWERING CRIMINAL RECORD BARRIERS LOWERING CRIMINAL RECORD BARRIERS LOWERING CRIMINAL RECORD BARRIERS CERTIFICATES OF RELIEF/GOOD CONDUCT AND RECORD SEALING LEGAL ACTION CENTER TABLE OF CONTENTS INTRODUCTION WHAT DOES THIS BOOKLET COVER?

More information

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS

STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS STATE OF MISSISSIPPI CRIME VICTIMS BILL OF RIGHTS REQUEST TO EXERCISE VICTIMS RIGHTS FOR VICTIM TO SIGN: I,, victim of the crime of, (victim) (crime committed) committed on, by in, (date) (name of offender,

More information

ORDER MODIFYING SENTENCE

ORDER MODIFYING SENTENCE STATE OF FLORIDA IN THE JUDICIAL CIRCUIT IN AND FOR VS Defendant COUNTY, FLORIDA DC No. Docket/UC No. ORDER MODIFYING SENTENCE THIS CAUSE having come before the Court with this order divided into three

More information

Practitioner Guide to SB 91

Practitioner Guide to SB 91 P a g e 1 Practitioner Guide to SB 91 Alaska Criminal Justice Commission September 30, 2016 2 Table of Contents An Introduction to Senate Bill 91... 3 Pretrial... 4 Sentencing... 9 Parole... 14 Community

More information

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Smith, 2017 NSSC 122. v. Tyrico Thomas Smith

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Smith, 2017 NSSC 122. v. Tyrico Thomas Smith SUPREME COURT OF NOVA SCOTIA Citation: R. v. Smith, 2017 NSSC 122 Date: 20170509 Docket: Cr. No. 449182 Registry: Halifax Between: Her Majesty the Queen v. Tyrico Thomas Smith Judge: Heard: Sentencing

More information

Juristat Article. The changing profile of adults in custody, 2006/2007. by Avani Babooram

Juristat Article. The changing profile of adults in custody, 2006/2007. by Avani Babooram Component of Statistics Canada Catalogue no. 85-002-X Juristat Juristat Article The changing profile of adults in custody, 2007 by Avani Babooram December 2008 Vol. 28, no. 10 How to obtain more information

More information

To obtain additional copies of this document, or to ask how to contact Victim Services in your area, contact:

To obtain additional copies of this document, or to ask how to contact Victim Services in your area, contact: October 2013 To obtain additional copies of this document, or to ask how to contact Victim Services in your area, contact: Victims Services Policy and Program Development Branch Alberta Justice and Solicitor

More information

Trends for Children and Youth in the New Zealand Justice System

Trends for Children and Youth in the New Zealand Justice System March, 2012 Trends for Children and Youth in the New Zealand Justice System 2001-2010 Key Points Over the 10 years to 2010, a consistent pattern of decreasing numbers can be seen across the youth justice

More information

Making Justice Work. Factsheet: Mandatory Sentencing

Making Justice Work. Factsheet: Mandatory Sentencing Making Justice Work Factsheet: Mandatory Sentencing What is mandatory sentencing? Normally the court has discretion to decide what sentence it will impose on a person convicted of a criminal offence. This

More information

Overarching Principles Sentencing Youths

Overarching Principles Sentencing Youths Appendix Sentencing Guidelines Council Overarching Principles Sentencing Youths Definitive Guideline1 1. 2009 Sentencing Guidelines Council. Reproduced by kind permission. 230 Youth Justice and The Youth

More information

I ve Been Charged With an Offence: What Now?

I ve Been Charged With an Offence: What Now? I ve Been Charged With an Offence: What Now? Getting a Lawyer If the police have charged you with a criminal, drug or Youth Criminal Justice offence and you have been given a court date down the road:

More information

FELONY SENTENCING AFTER REALIGNMENT

FELONY SENTENCING AFTER REALIGNMENT FELONY SENTENCING AFTER REALIGNMENT J. RICHARD COUZENS Judge of the Superior Court County of Placer (Ret.) TRICIA A. BIGELOW Presiding Justice, Court of Appeal, 2 nd Appellate District, Div. 8 September

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC01-1446 AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE 3.704 AND 3.992 (CRIMINAL PUNISHMENT CODE) [September 26, 2001] PER CURIAM. The Committee on Rules to Implement

More information

Missouri Legislative Academy

Missouri Legislative Academy Missouri Legislative Academy New Approaches to Incarceration in Missouri Sarah Morrow Report 5-2004 February 2004 The Missouri Legislative Academy is sponsored by the University of Missouri as a public

More information

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

ARTICLE 11A. VICTIM PROTECTION ACT OF 1984. ARTICLE 11A. VICTIM PROTECTION ACT OF 1984. 61-11A-1. Legislative findings and purpose. (a) The Legislature finds and declares that without the cooperation of victims and witnesses, the criminal justice

More information

REDUCING RECIDIVISM STATES DELIVER RESULTS

REDUCING RECIDIVISM STATES DELIVER RESULTS REDUCING RECIDIVISM STATES DELIVER RESULTS JUNE 2017 Efforts to reduce recidivism are grounded in the ability STATES HIGHLIGHTED IN THIS BRIEF to accurately and consistently collect and analyze various

More information

Overview of Sentencing Amendment (Community Correction Reform) Act

Overview of Sentencing Amendment (Community Correction Reform) Act Overview of Sentencing Amendment (Community Correction Reform) Act 2011 1 Prior to the 2010 Victorian election, the Coalition stated that: 2 Under a Coalition Government, the current cumbersome and limited

More information

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of:

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of: Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending laws of: 18 May 2000 22 January 2004 12 October 2006 1 June 2000 12 February 2004 14 December

More information

Criminal Justice System Modernization Strategy

Criminal Justice System Modernization Strategy Criminal Justice System Modernization Strategy March 2018 Modernizing Manitoba s Criminal Justice System Minister s Message As Minister of Justice and Attorney General, I am accountable for the work that

More information

NC General Statutes - Chapter 15A Article 46 1

NC General Statutes - Chapter 15A Article 46 1 Article 46. Crime Victims' Rights Act. 15A-830. Definitions. (a) The following definitions apply in this Article: (1) Accused. A person who has been arrested and charged with committing a crime covered

More information

The Criminal Law. General Part. Chapter I General Provisions

The Criminal Law. General Part. Chapter I General Provisions Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or

More information

ADMINISTRATIVE OFFENCES CODE OF GEORGIA

ADMINISTRATIVE OFFENCES CODE OF GEORGIA Resolution of the Supreme Soviet of the Georgian SSR On Putting into Effect the Administrative Offences Code of the Georgian SSR In connection with the adoption of the Code of Administrative Offences of

More information

Act C of on the Criminal Code 1 GENERAL PART CHAPTER I BASIC PROVISIONS. Principle of Legality CHAPTER II JURISDICTION IN CRIMINAL MATTERS

Act C of on the Criminal Code 1 GENERAL PART CHAPTER I BASIC PROVISIONS. Principle of Legality CHAPTER II JURISDICTION IN CRIMINAL MATTERS Act C of 2012 on the Criminal Code 1 With a view to protecting inviolable and inalienable human rights, to defending the independence and territorial integrity of the country, and to protecting the nation

More information

Comprehensive Prison Package Acts 81, 82, 83 and 84 of 2008

Comprehensive Prison Package Acts 81, 82, 83 and 84 of 2008 Comprehensive Prison Package Acts 81, 82, 83 and 84 of 2008 I. Introduction: On September 25, 2008, Governor Rendell signed into law 4 bills (House Bills 4-7) commonly referred to as the Prison Package.

More information

ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Assemblyman JON M. BRAMNICK District (Morris, Somerset and Union) Co-Sponsored by: Assemblyman

More information

LOWERING CRIMINAL RECORD BARRIERS

LOWERING CRIMINAL RECORD BARRIERS LOWERING CRIMINAL RECORDS BARRIERS LOWERING CRIMINAL RECORD BARRIERS CERTIFICATES OF RELIEF/GOOD CONDUCT AND RECORD SEALING I NY ESTABLISHES NEW LAW TO SEAL CONVICTIONS Criminal Procedure Law 160.59 What

More information

OVERCROWDING OF PRISON POPULATIONS: THE NEPALESE PERSPECTIVE

OVERCROWDING OF PRISON POPULATIONS: THE NEPALESE PERSPECTIVE OVERCROWDING OF PRISON POPULATIONS: THE NEPALESE PERSPECTIVE Mahendra Nath Upadhyaya* I. INTRODUCTION Overcrowding of prisons is a common problem of so many countries, developing and developed. It is not

More information

No End in Sight The Imprisonment and Indefinite Detention of Indigenous Australians with an Intellectual Disability and Acquired Brain Injury

No End in Sight The Imprisonment and Indefinite Detention of Indigenous Australians with an Intellectual Disability and Acquired Brain Injury No End in Sight The Imprisonment and Indefinite Detention of Indigenous Australians with an Intellectual Disability and Acquired Brain Injury Aboriginal Disability Justice Campaign Mental Impairment Legislation

More information

DEFERRED PROCEEDINGS

DEFERRED PROCEEDINGS DEFERRED PROCEEDINGS DEFERRED PROCEEDINGS Deferred Disposition Table of Contents Deferred Disposition Order... 90 Deferred Disposition Order: Defendant Under Age 25 - Moving Violation... 92 Deferred Disposition:

More information

Chapter 4 Conviction and Sentence for Immigration Purposes

Chapter 4 Conviction and Sentence for Immigration Purposes Chapter 4 Conviction and Sentence for Immigration Purposes 4.1 Conviction for Immigration Purposes 4-2 A. Conviction Defined B. Conviction without Formal Judgment C. Finality of Conviction 4.2 Effect of

More information

GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note

GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note GENERAL ASSEMBLY OF NORTH CAROLINA Session 2017 Legislative Incarceration Fiscal Note BILL NUMBER: House Bill 181 (First Edition) SHORT TITLE: First Responders Act of 2017. SPONSOR(S): Representatives

More information

The Court Response to Intimate Partner Abuse Chapter 13 DR GINNA BABCOCK

The Court Response to Intimate Partner Abuse Chapter 13 DR GINNA BABCOCK The Court Response to Intimate Partner Abuse Chapter 13 DR GINNA BABCOCK Introduction With criminalization of domestic violence, lines between criminal and civil actions are blurring Protection and relief

More information

Working with Children Act 2005

Working with Children Act 2005 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Meaning of finding of guilt 7 5. Meaning of "charged with an offence" 8 6. When is a charge "pending"?

More information

Arkansas Current Incarceration Crisis

Arkansas Current Incarceration Crisis In the wake of Act 570 (2011) both crime and incarceration had been on the decline in Arkansas. However, Arkansas has led the nation in increase of incarceration from 2013-2015 and has set record highs

More information

ll1. THE SENTENCING COMMISSION

ll1. THE SENTENCING COMMISSION ll1. THE SENTENCING COMMISSION A. What year was the commission established? Has the commission essentially retained its original form, or has it changed substantially or been abolished? The Arkansas Sentencing

More information

MAGISTRATES COURT SENTENCING GUIDELINES. SENTENCING COUNCIL UPDATE 7 March 2012

MAGISTRATES COURT SENTENCING GUIDELINES. SENTENCING COUNCIL UPDATE 7 March 2012 MAGISTRATES COURT SENTENCING GUIDELINES SENTENCING COUNCIL UPDATE 7 March 2012 This update from the Sentencing Council provides new material following publication of the definitive guideline for allocation,

More information

YOUTH JUSTICE INITIATIVE EVALUATION Final Report

YOUTH JUSTICE INITIATIVE EVALUATION Final Report YOUTH JUSTICE INITIATIVE EVALUATION Final Report March 2016 Evaluation Division Corporate Services Branch Information contained in this publication or product may be reproduced, in part or in whole, and

More information

Republic of Macedonia. Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009)

Republic of Macedonia. Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009) Republic of Macedonia Criminal Code (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009) Came into effect: 1 November 1996 CRIMINAL CODE GENERAL PART 1.

More information