Suspended sentence

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A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offence.

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Australia

In Australia, suspended sentences are commonly imposed in order to alleviate the strain on overcrowded prisons. For example, an individual may be sentenced to a six-month jail term, wholly suspended for six months; if they commit any other offence during that year, the original jail term is immediately applied in addition to any other sentence.

As of 1 September, 2014, suspended sentences no longer exist in Victoria, and in its place are community correction orders, which can be for a fixed term to ensure good behaviour. [1]

Canada

People's Republic of China

In the People's Republic of China (excluding Hong Kong and Macau), both suspended sentences and suspended sentencing (Chinese :缓刑, also translated as a sentence "with reprieve") are featured in the criminal law. In the first situation, a fixed-term sentence of three years or below can be suspended. In the second situation, sentencing does not immediately follow the guilty verdict, but instead is determined after a period of probation.

Death sentences can also be suspended (called a "death sentence with reprieve"), so that an offender who does not intentionally re-offend during the two-year suspension period of release would have the sentence commuted to a life sentence.

Finland

A suspended sentence is called ehdollinen vankeusrangaistus in Finnish, which translates to "conditional imprisonment". [2] When a sentence of imprisonment, which can be at most two years, is imposed conditionally, the enforcement of the sentence is postponed for a probation period. The length of the probation period is at least one and at most three years. The probation period begins at the pronouncement or the issue of the judgment. When conditional imprisonment is imposed, the convicted person shall be notified, in connection with the pronouncement or the issue of the judgment, of the date when the probation period ends and of the grounds on which the sentence may be ordered to be enforced. A sentence of conditional imprisonment may be combined with fines or, if the sentence is longer than eight months, with community service of at least 14 and up to 120 hours. [3] Additional surveillance of the convicted can also be ordered, if it is seen as necessary to reduce recurrent criminal behaviour. [4] [5]

The court may order the enforcement of conditional imprisonment if the convicted person commits an offence during the probation period and the charge has been brought within one year of the end of the probation period. In this event, the conditional sentence to be enforced, the sentence for the offence committed during the probation period and the sentences of imprisonment for the other offences considered in the same trial shall be joined as one unconditional sentence of imprisonment. The court may also order that conditional imprisonment be enforced only in part, in which case the remainder of the sentence shall continue to be conditional, subject to the same probation period.

France

The Loi Béranger (Béranger bill) was introduced in March 26, 1891 in the French penal code. It was amended in 1958 and 1983. It allows for three types of suspended sentence:

Germany

The Strafgesetzbuch (German Criminal Code) makes provision for suspended sentences for up to five years. When a defendant is sentenced to a prison sentence under one year, the default is suspension "if there are reasons to believe that the sentence itself will serve as sufficient warning to the convicted person". Courts can impose requirements on offenders (e.g. residency, non-contact, drug rehabilitation) as part of the suspended sentence, and combine it with a fine or order for restitution. [6]

Ireland

In the law of the Republic of Ireland, the 2006 law by which a suspended sentence is activated was ruled unconstitutional in 2016. The 2006 law required that a court decision on whether to activate the suspended sentence be made as soon as a later conviction was handed down, even if there was an appeal pending for the later conviction. [7] [8] [9] Subsequent legislation introduced in 2017 corrected the deficiencies identified, introducing an effective appeal mechanism. [10]

Japan

Suspended sentences (執行猶予, shikkō yūyo) are common practice in Japan and can be applied in cases where a sentence is for up to three years in prison and/or 500,000 yen in fines. Any criminal activity during the period of the suspended sentence will result in the cancellation of the sentence and imprisonment for the prescribed term. [11]

Russia

In Russia suspended sentence (Russian : условный срок, lit.  'conditional sentence or probation') is commonplace and its application is stipulated by an Article 73 of the Russian Criminal Code. [12] [13] The suspended sentences may not be applied to child offenders (minors aged 14 or less when the offence was committed), to those who have committed a serious or very serious crime (the definition of which is given by Article 15 of the same Code as of 2019), or in case of crime recurrence. [12] The judge may also impose additional restrictions on how the probation must be served. Initial sentence is enforced in case of convicted failing to fulfill conditions of the probation.

United Kingdom

In England and Wales, a custodial sentence may, at the discretion of the sentencing judge or magistrates, be suspended for up to two years if the term of imprisonment is under two years and the offender agrees to comply with court requirements, which may include a curfew, performing unpaid work, and/or engaging in an appropriate rehabilitation programme. [14] In 2017, 5% of convictions resulted in a suspended sentence, compared to 7% immediate custodial sentences. [15]

The sentencing guidelines indicate that it is appropriate for a sentence to be suspended if there is strong personal mitigation and/or a realistic prospect of rehabilitation, but suspended sentences should not be used for offenders who pose a risk to the public or who have a history of poor compliance with court orders. [16]

Suspended sentences were introduced to English law by the Criminal Justice Act 1967. [17]

Suspended sentences are not used in Scotland or Northern Ireland. Provision exists for offenders convicted in England who live in Scotland or Northern Ireland to have their suspended sentence requirements transferred there. [18]

United States

In the United States, it is common practice for judges to hand down suspended sentences [19] to first-time offenders who have committed a minor crime, and for prosecutors to recommend suspended sentences as part of a plea bargain. They are often given to mitigate the effect of penalties. [20]

In some jurisdictions, the criminal record of the guilty party will still carry the offense, even after probation is adequately served. [21] Suspending a sentence does not completely remove the conviction from a person's record. While it may be hidden from the public, it is not hidden from law enforcement. [19] In other cases, the process of deferred adjudication prevents the conviction from appearing on a person's criminal record, once probation had been completed. [22]

In military trials governed by the Uniform Code of Military Justice, officers meting out non-judicial punishment may suspend the punishment they order. [23]

See also

Related Research Articles

Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.

A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.

Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences, such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.

<span class="mw-page-title-main">Criminal record</span> Record of a persons criminal history

A criminal record is a record of a person's criminal convictions history. The information included in a criminal record, and the existence of a criminal record, varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and drunk driving. In most countries, a criminal record is limited to unexpunged and unexpired actual convictions, while in some it can also include arrests, charges dismissed, charges pending and charges of which the individual has been acquitted. The term rap sheet refers to Record of Arrest and Prosecution, similar to a criminal record.

In Canada and England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of imprisonment in order to protect the public. Dangerousness in law is a legal establishment of the risk that a person poses to cause harm. Other countries, including Denmark, Norway, and parts of the United States have similar provisions of law.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.

<span class="mw-page-title-main">Rehabilitation of Offenders Act 1974</span> United Kingdom legislation

The Rehabilitation of Offenders Act 1974 of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings. A conviction for the purposes of the ROA includes a conviction issued outside Great Britain and therefore foreign convictions are eligible to receive the protection of the ROA.

A discharge is a type of sentence imposed by a court whereby no punishment is imposed.

<span class="mw-page-title-main">Criminal Justice Act 2003</span> United Kingdom legislation

The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.

In the common law legal system, an expungement or expunction proceeding, is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.

A conditional sentence is a non-custodial punishment for crime. It is one type of criminal sentencing used in Canada.

In Finland, life imprisonment is the maximum criminal penalty. In actual practice, life imprisonment rarely lasts for the remainder of a convict's life; it currently consists of imprisonment in closed prison and possible periods of imprisonment in a halfway house, supervised parole and full parole. The death penalty was abolished in Finland in 1949 for peacetime offences and for all offences in 1972.

<span class="mw-page-title-main">Criminal sentencing in Canada</span> Overview of criminal sentencing in Canada

Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada.

Loss of rights due to criminal conviction refers to the practice in some countries of reducing the rights of individuals who have been convicted of a criminal offence. The restrictions are in addition to other penalties such as incarceration or fines. In addition to restrictions imposed directly upon conviction, there can also be collateral civil consequences resulting from a criminal conviction, but which are not imposed directly by the courts as a result of the conviction.

The Code of Criminal Procedure, commonly called Criminal Procedure Code (CrPC), was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.

Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including their criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.

In the Australian legal system, a good behaviour bond is a type of non-custodial sentence which involves the condition of the offender's "good behaviour" for a set period. The condition of "good behaviour" primarily requires the offender to obey the law, but may also include additional probation officer supervision, mandatory medical treatment or participation in rehabilitation, counselling and intervention programs. These imposed conditions are determined by state legislation and at the magistrate's discretion. A good behaviour bond may be established with or without a recorded legal conviction for the offence. The specific conditions which constitute a good behaviour bond, as well as the consequences for breaching them, vary under each Australian state or territory's legislation, but overall are used most commonly for first-time and juvenile offenders.

<span class="mw-page-title-main">Lifetime probation</span> Punishment for relatively serious legal offenders

Lifetime probation is reserved for relatively serious legal offenders. The ultimate purpose of lifetime probation is to examine whether offenders properly maintain good behavior as well as capability of patience under lifetime probation serving circumstance. An offender is required to abide by particular conditions for rest of their entire life in order to nurture superior social behaviour as a punishment for their criminal offence. Condition of probation orders contain supervision, electronic tagging, reporting to his or her probation or parole officer, as well as attending counselling. The essential component of lifetime probation carries the sense of being examined for well-being character and behaviour for life term period. Legislative framework regarding probation may vary depending on the country or the state within a certain country as well as the duration and condition of probational sentencing.

National Criminal Register is an official database of criminal convictions and other law enforcement data maintained by the Polish Ministry of Justice.

References

  1. ↑ "Suspended sentences scrapped in all Victorian courts". the Guardian. Australian Associated Press. 1 September 2014. Archived from the original on 8 April 2018. Retrieved 7 April 2018.
  2. ↑ "Rikoslaki (39/1889), 2 b luku" [Penal Code (39/1889), Chapter 2b]. Finlex. Archived from the original on 10 March 2021. Retrieved 19 May 2020.
  3. ↑ "Yhdyskuntapalvelu - Rikosseuraamuslaitos". Rikosseuraamuslaitos. Archived from the original on 14 May 2021. Retrieved 14 May 2021.
  4. ↑ "Nuorten ehdollisen vankeuden valvonta - Rikosseuraamuslaitos". Rikosseuraamuslaitos. Archived from the original on 13 May 2021. Retrieved 13 May 2021.
  5. ↑ "Aikuisten ehdollisen vankeuden valvonta - Rikosseuraamuslaitos". Rikosseuraamuslaitos. Archived from the original on 13 May 2021. Retrieved 13 May 2021.
  6. ↑ "German Criminal Code (Strafgesetzbuch – StGB)". www.gesetze-im-internet.de. Retrieved 2024-09-12.
  7. ↑ "Suspended sentence law deemed 'unconstitutional'". RTÉ.ie . 19 April 2016. Archived from the original on 20 April 2016. Retrieved 19 April 2016.
  8. ↑ Carolan, Mary (20 April 2016). "Suspended sentences are rendered useless by ruling". The Irish Times . Archived from the original on 21 April 2016. Retrieved 20 April 2016.
  9. ↑ "Criminal Justice Act 2006 [as amended]". Revised Acts. Ireland: Law Reform Commission. 11 February 2016. §99. Power to suspend sentence. Archived from the original on 13 May 2016. Retrieved 19 April 2016.
  10. ↑ "Criminal Justice (Suspended Sentences of Imprisonment) Act 2017". The Department of Justice and Equality. Archived from the original on 2019-11-08. Retrieved 2019-11-14.
  11. ↑ "裁判手続 刑事事件Q&A 執行猶予が付いているとどうなるのですか" [Criminal Cases Q&A What happens if I have a suspended sentence?] (in Japanese). Supreme Court of Japan. 2005. Archived from the original on July 9, 2013. Retrieved June 26, 2013.
  12. 1 2 "УК РФ Статья 73. Условное осуждение" [Criminal Code Article 73. Suspended sentence]. www.consultant.ru (in Russian). consultant.ru. Archived from the original on 2019-06-05. Retrieved 2019-08-19.
  13. ↑ "Criminal Code, Article 73. Conditional Sentence" (PDF). p. 28. Archived (PDF) from the original on 2020-04-15. Retrieved 2019-08-19.
  14. ↑ Sentencing Council. "Suspended sentences". Sentencing Council. Archived from the original on 16 May 2021. Retrieved 15 May 2021.
  15. ↑ Ministry of Justice (17 May 2018). "MoJ Sentencing Statistics". Archived from the original on 27 May 2018. Retrieved 26 May 2018.
  16. ↑ "Custodial sentences – Sentencing". Archived from the original on 2021-08-09. Retrieved 2021-08-09.
  17. ↑ Bottoms, A. E. (1981). "The Suspended Sentence in England, 1967—1978". The British Journal of Criminology. 21 (1): 1–26. doi:10.1093/oxfordjournals.bjc.a047193. ISSN   0007-0955. JSTOR   23636646.
  18. ↑ "Sentencing Act 2020: Schedule 17", legislation.gov.uk , The National Archives, 2020 c. 17 (sch.17)
  19. 1 2 "What is a Suspended Imposition of Sentence?". Criminal Defense Attorney Oceanside. Retrieved 2021-12-08.
  20. ↑ "Suspended Sentence Law & Legal Definition". Legal Terms, Definitions, and Dictionary. USLegal.com. Archived from the original on 11 January 2011. Retrieved 23 January 2011.
  21. ↑ "Definitions: Understanding Legal Words". Manitoba Courts. 23 October 2006. Archived from the original on 6 July 2011. Retrieved 23 January 2011.
  22. ↑ "What is Suspended Sentence for Felony?". Legal Terms, Definitions, and Dictionary. FelonyFriendlies. Archived from the original on 20 October 2019. Retrieved 19 October 2019.
  23. ↑ "Appendix 2, Uniform Code of Military Justice" (PDF). 20 December 2019. Retrieved 26 February 2023.
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