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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]
A deferred sentence is a sentence that is suspended until after a defendant has completed a period of probation.If the defendant fulfills the stipulations surrounding probation, a judge may then throw out the sentence and guilty plea, clearing the incident from their record.
This sentence was implemented by the Crime and Disorder Act 1998. [53] for offenders aged 12 to 17 years (inclusive) who are persistent offenders or commit serious offences. The sentences will be between four months and two years, with part of the sentence being served in custody and part half under supervision the community.
The reprieve is integrated into the sentence, unlike a pardon which occurs after the sentence. Chinese courts hand down this form of sentencing as frequently as, or more often than, [2] actual death sentences. The sentence emphasizes the severity of the crime and the mercy of the court, and comes from traditional Chinese jurisprudence. [3]
The concept of probation, from the Latin, probatio, "testing", has historical roots in the practice of judicial reprieve.In English common law, prior to the advent of democratic rule, the courts could temporarily suspend the execution of a sentence to allow a criminal defendant to appeal to the monarch for a pardon.
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).
In the legal system of England and Wales, the surcharge, often referred to as a victim surcharge, is a penalty applied to people convicted of offences, in addition to a conditional discharge, a fine, or a community or custodial sentence, in order to provide compensation for the victims of crime. [1] [2]
A suspended sentence is not considered a final sentence, since an accused who is convicted of breaching the conditions of the probation order may in addition to being sentenced for the offence of breach of probation, may also have the suspended sentence revoked. Once a suspended sentence is revoked, the court which originally sentenced the ...