Suspended Sentences Essay

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A suspended sentence is a sentence of imprisonment that is not put in to immediate effect. The period the sentence is detained is known as the operational period. The only condition appointed on the offender during the operational period is to not commit any crime that will be punished by imprisonment. A sentence can be completely or partially suspended. An offender who has been given a partial suspension serves some time in prison and then is released into the community. The remaining time left to serve in prison is suspended. The length of the prison time that is suspended can be less than the set period. For example an offender can be sentenced to 12 months imprisonment suspended for 3 years. This means that if the offender commits a crime during those 3 years the 12 month sentence might be put into action. Depending on the court there are different sentence times. The maximum suspended sentence available in the magistrate’s court is 2 years while the maximum suspended sentence in the County and supreme courts are 3 years. In late 2010 changes to the law about suspended sentence was made. The changes were that sentences were not allowed to be given in the Supreme or County court for “Serious” or “significant” offences. Serious and Significant offences include: • Murder and manslaughter • Rape and sexual offences • Intentionally and recklessly causing serious injury • Armed robbery • Aggravated burglary • Arson • Commercial drug trafficking There are certain steps the court must follow before enforcing a suspended sentence. Step 1: the court must determine whether jail term is required for the offender. A court must not sentence an offender to jail unless it is certain that no other penalty other than imprisonment is appropriate. Step 2: After the court sentences the accused to imprisonment the court determines the length of the sentence. Step

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