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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 ...
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 ...
The United States Supreme Court has clarified that a person is being subjected to a custodial interrogation if "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." Thompson v. Keohane, 516 U.S. 99, 112 (1995). This test is objective and thus does not depend on the individual suspect's ...
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.
Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. [1] One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a legal position.