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Suspended sentence

March 20, 2023

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.

Australia

See also: Punishment in 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

Further information: Criminal sentencing in Canada § Probation and suspended sentences

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:

  • sursis simple (simple suspended sentence) – introduced in 1891. The only condition is to not commit any felony for a certain period of time after the final sentencing. Usually this period is 5 years.[citation needed] This can be proscribed to any legal entity, including companies and people.
  • sursis probatoire (suspended sentence with probation) – introduced in 1958. this is reserved only to people. It contains checks and balances, and may be combined with other requirements. Before 2020, this was known as sursis probatoire avec mise à l'épreuve.
  • sursis assorti avec obligation d'accomplir un travail d'intéret géneral (suspended sentence combined with mandatory community service) – introduced in 1983.

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.[6][7][8] Subsequent legislation introduced in 2017 corrected the deficiencies identified, introducing an effective appeal mechanism. [9]

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 3 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.[10]

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.[11][12] 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.[11] 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

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.[13] In 2017, 5% of convictions resulted in a suspended sentence, compared to 7% immediate custodial sentences.[14]

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.[15]

United States

In the United States, it is common practice for judges to hand down suspended sentences[16] 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.[17]

In some jurisdictions, the criminal record of the guilty party will still carry the offense, even after probation is adequately served.[18] It is important to note that 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.[20]

In the federal system, judges' authority to suspend sentences has been abolished by the Sentencing Reform Act of 1984, through the United States Sentencing Commission, and upheld by Mistretta v. United States.[citation needed]

In military trials governed by the Uniform Code of Military Justice, officers meting out non-judicial punishment may suspend the punishment they order.[21]

See also

References

  1. ^ "Suspended sentences scrapped in all Victorian courts". the Guardian. Australian Associated Press. 1 September 2014. 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. from the original on 10 March 2021. Retrieved 19 May 2020.
  3. ^ "Yhdyskuntapalvelu - Rikosseuraamuslaitos". Rikosseuraamuslaitos. from the original on 14 May 2021. Retrieved 14 May 2021.
  4. ^ "Nuorten ehdollisen vankeuden valvonta - Rikosseuraamuslaitos". Rikosseuraamuslaitos. from the original on 13 May 2021. Retrieved 13 May 2021.
  5. ^ "Aikuisten ehdollisen vankeuden valvonta - Rikosseuraamuslaitos". Rikosseuraamuslaitos. from the original on 13 May 2021. Retrieved 13 May 2021.
  6. ^ "Suspended sentence law deemed 'unconstitutional'". RTÉ.ie. 19 April 2016. from the original on 20 April 2016. Retrieved 19 April 2016.
  7. ^ Carolan, Mary (20 April 2016). "Suspended sentences are rendered useless by ruling". The Irish Times. from the original on 21 April 2016. Retrieved 20 April 2016.
  8. ^ "Criminal Justice Act 2006 [as amended]". Revised Acts. Ireland: Law Reform Commission. 11 February 2016. §99. Power to suspend sentence. from the original on 13 May 2016. Retrieved 19 April 2016.
  9. ^ "Criminal Justice (Suspended Sentences of Imprisonment) Act 2017". The Department of Justice and Equality. from the original on 2019-11-08. Retrieved 2019-11-14.
  10. ^ "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. from the original on July 9, 2013. Retrieved June 26, 2013.
  11. ^ a b "УК РФ Статья 73. Условное осуждение" [Criminal Code Article 73. Suspended sentence]. www.consultant.ru (in Russian). consultant.ru. from the original on 2019-06-05. Retrieved 2019-08-19.
  12. ^ "Criminal Code, Article 73. Conditional Sentence" (PDF). p. 28. (PDF) from the original on 2020-04-15. Retrieved 2019-08-19.
  13. ^ Sentencing Council. "Suspended sentences". Sentencing Council. from the original on 16 May 2021. Retrieved 15 May 2021.
  14. ^ Ministry of Justice (17 May 2018). "MoJ Sentencing Statistics". from the original on 27 May 2018. Retrieved 26 May 2018.
  15. ^ "Custodial sentences – Sentencing". from the original on 2021-08-09. Retrieved 2021-08-09.
  16. ^ "What is a Suspended Imposition of Sentence?". Retrieved 2021-12-08.
  17. ^ "Suspended Sentence Law & Legal Definition". Legal Terms, Definitions, and Dictionary. USLegal.com. from the original on 11 January 2011. Retrieved 23 January 2011.
  18. ^ "Definitions: Understanding Legal Words". Manitoba Courts. 23 October 2006. from the original on 6 July 2011. Retrieved 23 January 2011.
  19. ^ "What is a Suspended Imposition of Sentence?". Retrieved 2022-06-24.
  20. ^ "What is Suspended Sentence for Felony?". Legal Terms, Definitions, and Dictionary. FelonyFriendlies. from the original on 20 October 2019. Retrieved 19 October 2019.
  21. ^ "Appendix 2, Uniform Code of Military Justice" (PDF). 20 December 2019. Retrieved 26 February 2023.{{cite web}}: CS1 maint: url-status (link)

March 20, 2023
suspended, sentence, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, octobe. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Suspended sentence news newspapers books scholar JSTOR October 2015 Learn how and when to remove this template message The examples and perspective in this article may not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate September 2008 Learn how and when to remove this template message 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 Contents 1 Australia 2 Canada 3 People s Republic of China 4 Finland 5 France 6 Ireland 7 Japan 8 Russia 9 United Kingdom 10 United States 11 See also 12 ReferencesAustralia EditSee also Punishment in 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 EditFurther information Criminal sentencing in Canada Probation and suspended sentencesPeople s Republic of China EditThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed October 2015 Learn how and when to remove this template message 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 EditA 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 EditThe Loi Beranger Beranger 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 sursis simple simple suspended sentence introduced in 1891 The only condition is to not commit any felony for a certain period of time after the final sentencing Usually this period is 5 years citation needed This can be proscribed to any legal entity including companies and people sursis probatoire suspended sentence with probation introduced in 1958 this is reserved only to people It contains checks and balances and may be combined with other requirements Before 2020 this was known as sursis probatoire avec mise a l epreuve sursis assorti avec obligation d accomplir un travail d interet general suspended sentence combined with mandatory community service introduced in 1983 Ireland EditIn 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 6 7 8 Subsequent legislation introduced in 2017 corrected the deficiencies identified introducing an effective appeal mechanism 9 Japan EditSuspended sentences 執行猶予 shikkō yuyo are common practice in Japan and can be applied in cases where a sentence is for up to 3 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 10 Russia EditIn Russia suspended sentence Russian uslovnyj srok lit conditional sentence or probation is commonplace and its application is stipulated by an Article 73 of the Russian Criminal Code 11 12 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 11 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 EditA 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 13 In 2017 5 of convictions resulted in a suspended sentence compared to 7 immediate custodial sentences 14 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 15 United States EditIn the United States it is common practice for judges to hand down suspended sentences 16 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 17 In some jurisdictions the criminal record of the guilty party will still carry the offense even after probation is adequately served 18 It is important to note that 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 20 In the federal system judges authority to suspend sentences has been abolished by the Sentencing Reform Act of 1984 through the United States Sentencing Commission and upheld by Mistretta v United States citation needed In military trials governed by the Uniform Code of Military Justice officers meting out non judicial punishment may suspend the punishment they order 21 See also EditDeferred sentenceReferences Edit 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 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 Yhdyskuntapalvelu Rikosseuraamuslaitos Rikosseuraamuslaitos Archived from the original on 14 May 2021 Retrieved 14 May 2021 Nuorten ehdollisen vankeuden valvonta Rikosseuraamuslaitos Rikosseuraamuslaitos Archived from the original on 13 May 2021 Retrieved 13 May 2021 Aikuisten ehdollisen vankeuden valvonta Rikosseuraamuslaitos Rikosseuraamuslaitos Archived from the original on 13 May 2021 Retrieved 13 May 2021 Suspended sentence law deemed unconstitutional RTE ie 19 April 2016 Archived from the original on 20 April 2016 Retrieved 19 April 2016 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 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 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 裁判手続 刑事事件Q amp A 執行猶予が付いているとどうなるのですか Criminal Cases Q amp 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 a b UK RF Statya 73 Uslovnoe osuzhdenie 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 Criminal Code Article 73 Conditional Sentence PDF p 28 Archived PDF from the original on 2020 04 15 Retrieved 2019 08 19 Sentencing Council Suspended sentences Sentencing Council Archived from the original on 16 May 2021 Retrieved 15 May 2021 Ministry of Justice 17 May 2018 MoJ Sentencing Statistics Archived from the original on 27 May 2018 Retrieved 26 May 2018 Custodial sentences Sentencing Archived from the original on 2021 08 09 Retrieved 2021 08 09 What is a Suspended Imposition of Sentence Retrieved 2021 12 08 Suspended Sentence Law amp Legal Definition Legal Terms Definitions and Dictionary USLegal com Archived from the original on 11 January 2011 Retrieved 23 January 2011 Definitions Understanding Legal Words Manitoba Courts 23 October 2006 Archived from the original on 6 July 2011 Retrieved 23 January 2011 What is a Suspended Imposition of Sentence Retrieved 2022 06 24 What is Suspended Sentence for Felony Legal Terms Definitions and Dictionary FelonyFriendlies Archived from the original on 20 October 2019 Retrieved 19 October 2019 Appendix 2 Uniform Code of Military Justice PDF 20 December 2019 Retrieved 26 February 2023 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link Retrieved from https en wikipedia org w index php title Suspended sentence amp oldid 1141829418, wikipedia, wiki, book, books, library,

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