The examples and perspective in this article deal primarily with Australia and do not represent a worldwide view of the subject.(October 2020)
In typical criminal law, time served is an informal term that describes the duration of pretrial detention (remand), the time period between when a defendant is arrested and when they are convicted. Time served does not include time served on bail but only during incarceration and can range from days to, in rare cases, years.
A sentence of time served may result from plea bargains in which in exchange for only receiving a sentence that involves no additional period of incarceration, a defendant accepts a guilty plea. Additional terms of sentence that may accompany a sentence of served also include a probation, a fine, or unpaid community service.
Statistics released in 2020 by the Victorian Sentencing Advisory Council show that 67% of people sentenced to prison in Victoria, Australia in 2017–18 spent at least one day in remand, up from 47% in 2011–12. In the same year, of the cases that Victorian courts issued imprisonment orders to, 66% exceeded time served (meaning additional time needed to be served), 29% matched time served (meaning no additional imprisonment), and 5% were less than time served (meaning the defendant was over-detained during remand). The council called the over-detention a "matter of concern", as the defendant spent longer in detention than the ultimate duration of the sentence. The council also highlighted that lower courts, such as magistrates' court, tended to give more time served sentences than higher courts.
A plea bargain is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force, lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law.
In justice and law, house arrest is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if allowed at all. House arrest is an alternative to being in a prison while awaiting trial or after sentencing.
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
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.
The United States is unparalleled historically and ranks among the highest worldwide in its dependence on incarceration. Over five million people are under supervision by the criminal legal system. Nearly two million people are incarcerated in state or federal prisons and local jails. Just 50 years ago, the incarcerated population was approximately 360,000. Since 1973, the year America began to incarcerate on a massive scale, the prison population has grown 500%. The U.S. has 5% of the world's population but over 20% of its incarcerated population.
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions.
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent (further) criminal acts.
Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.
Khalida Jarrar is a Palestinian politician. She is a member of the Popular Front for the Liberation of Palestine (PFLP) and the Palestinian Legislative Council (PLC). She was elected to the PLC in January 2006 as one of the PFLP's three deputies and has continued to serve as an elected representative ever since. She is also the Palestinian representative on the Council of Europe and is currently head of the Prisoners Committee of the PLC. She played a major role in Palestine's application to join the International Criminal Court.
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending.
The penal system in China is composed of an administrative detention system and a judicial incarceration system. As of 2020, it is estimated that 1.7 million people had been incarcerated in China, which is the second-highest prison population after the United States. The country's per-capita incarceration rate is 121 per 100,000. China also retains the use of the death penalty with the approval of the Supreme People's Court, and there is a system of death penalty with reprieve in which the sentence is suspended unless the convict commits another major crime within two years while they are detained.
Pre-trial detention, also known as preventive detention, provisional detention, or remand is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada.
United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, or in addition to home detention, while the latter is imposed in addition to imprisonment. Probation and supervised release are both administered by the U.S. Probation and Pretrial Services System. Federal probation has existed since 1909, while supervised release has only existed since 1987, when it replaced federal parole as a means for imposing supervision following release from prison.
Punishment in Australia arises when an individual has been accused or convicted of breaking the law through the Australian criminal justice system. Australia uses prisons, as well as community corrections, When awaiting trial, prisoners may be kept in specialised remand centres or within other prisons.
Criminal justice reform addresses structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Criminal justice reform can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, and sentencing.
Norway's criminal justice system focuses on the principles of restorative justice and the rehabilitation of prisoners. Correctional facilities in Norway focus on maintaining custody of the offender and attempting to make them functioning members of society. Norway's laws forbid the use of torture and other cruel, inhuman, or degrading treatment as punishment. Prison conditions typically meet international standards, and the government permits visits by human rights observers. The system is considered to be transparent, and prisoners are represented by an ombudsman, an official appointed to investigate individuals’ complaints against public authority.
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.
On 14 May, authorities froze the assets of pro-democracy media tycoon Jimmy Lai. This was the first time that the pertaining provision in Article 43 of the national security law was applied. While Chief Executive Carrie Lam said on 18 May that the move would serve to bolster the status of Hong Kong as an international financial hub, several senior bankers and corporate lawyers not associated with Lai's accounts opined that the action – which was followed at the end of the month by a warning from the Security Secretary to banks against dealing with the frozen assets – was exposing risks for clients and top financial managers in Hong Kong.