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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 legislature generally sets a short, mandatory minimum sentence that an offender must spend in prison (e.g. one-third of the minimum sentence, or one-third of the high end of a sentence). The parole board then sets the actual date of prison release, as well as the rules that the parolee must follow when released.
New South Wales ended its periodic detention program 2010, in favour of non-custodial sentences such as "intensive corrections orders", a form of mandatory community service possibly combined with other conditions such as drug-testing. Under the new system, a conditional non-custodial sentence is imposed.
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.
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This purpose is to prevent recidivism. [19] Some mandatory sentence laws have been found to be unconstitutional by the Supreme Court of the United States. In 1976, mandatory death sentences were determined to be unconstitutional, following the decision in Woodson v. North Carolina. [20] In 2005, United States v.