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A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxification (especially cold turkey). As 'custodial' suggests, the sentence requires ...
fixed-term sentences; intermittent custody; suspended sentences; Section 230 of the Sentencing Act 2020 [36] states that the court must not pass a custodial sentence unless it is of the opinion that the offence (or combination of offences): "was so serious that neither a fine alone nor a community sentence can be justified". The court must ...
Community sentence [1] [2] or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways in which courts can punish a defendant who has been convicted of committing an offense, other than through a custodial sentence (serving a jail or prison term) or capital punishment (death).
The majority of sentences are non-custodial. [6] For either-way offences, if the magistrates feel that their powers of sentencing are insufficient, they can send the case to the Crown Court, who can impose a more severe sentence. Often the point is to achieve restorative justice (compensation of victims of crime) and reformation of the offenders.
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
The most frequently used report for sentencing hearings is the pre-sentence report which is outlined in section 40. The judge ultimately decides whether a report is necessary, though the crown may request the report and the defence counsel may argue against the issuing of a pre-sentence report. All custodial sentences require a pre-sentencing ...
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Archaic vocabulary: legal writing employs many old words and phrases that were formerly quotidian language, but today exist mostly or only in law, dating from the 16th century; English examples are herein, hereto, hereby, heretofore, herewith, whereby, and wherefore (pronominal adverbs); said and such (as adjectives). [5]